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Monday, July 6, 2009

Judiciary
Witnesses Tie Luzerne Judge to Reputed Mobster
A pair of witnesses testified during a court hearing last week that reputed northeastern Pennsylvania mob boss William "Billy" D'Elia had envelopes delivered to disgraced former Luzerne County President Judge Michael T. Conahan at the courthouse and that Conahan met with D’Elia and another admitted felon multiple times to discuss fixing cases.

Judiciary
Joyce Allowed to Collect State Pension
Former Superior Court Judge Michael T. Joyce's conviction on charges of mail fraud and money laundering last fall do not disqualify him from collecting his $6,816.89 a month pension, the Pennsylvania State Employee Retirement System has determined.

Judiciary
Court: Phila. Judge Committed Theft of Services
The state Court of Judicial Discipline has ruled that a Philadelphia judge committed the crime of theft of services by running his real estate business out of his judicial chambers.

Criminal Law
Is Informant's Tip Enough to Prove Reasonable Suspicion?
When a Superior Court panel ruled to suppress evidence in a drug case last year, it did so by employing a balance test.

Labor & Employment
New Trends in Employee Noncompetition Law
Employee noncompetition law in Pennsylvania continues to adapt to current economic trends.

PEOPLE IN THE NEWS
Donna Kreiser of McNees Wallace & Nurick was elected to the board of directors of the Pennsylvania Association of Bond Lawyers at the organization's annual meeting last month.



CIVIL PRACTICE
If It Walks Like a Duck ...
Pennsylvania's Comparative Negligence Act bars a plaintiff found to be more than 50 percent negligent from recovering damages even when the agreed-upon terms of arbitration refer to "comparative fault" and not "comparative negligence," a Superior Court panel has ruled.

State Government
Behind the Budget Smokescreen
Veteran Harrisburg lobbyists will tell you to keep your eyes open during budget negotiations. While state lawmakers wait for their leaders to cobble an agreement, they often look for something to do in an effort to look busy.

Megan's Law
No Fixed Address
Homeless and transient sex offenders are not required to register under Megan’s Law, the state Superior Court has ruled in a case of first impression.

State Government
Injunction Issued in Challenge to Ethics Act
Finding that the secrecy provisions in the Pennsylvania Public Official and Employee Ethics Act are likely overbroad and squelch the free speech rights of citizens, a federal judge has issued a preliminary injunction that bars state officials from punishing someone for publicly disclosing the fact that an ethics complaint has been filed.

Criminal Law
Expert Witnesses Can't Testify About False Confessions
When the Armstrong County District Attorney's Office filed arson charges against a man for setting fire to a home and killing four people, part of the defense strategy was to prove to the jury that he had provided investigators with a false confession.

Family Law
Don't Ask, Don't Tell: On the 40th anniversary of the gay rights movement, Pennsylvania has far to g
In 1969, police raided the Stonewall Inn in New York City setting off the gay rights movement in the United States.

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