Pittsburgh Legal Back Talk

Legal topics of interest to lawyers and consumers with a Pittsburgh and Western Pennsylvania focus.

1410 Posts and Counting

Hertz Puts Camera in Cars.

No. 1,131 Its part of the dashboard electronic set up, pictured below, that helps you make sure you never get lost, even if you want to. But, Hertz says it is deactivated and it doesn’t plan to use it.  Well, that’s comforting. A useless, turned off camera. OK, Big Brother, be sure to give us […]

Former Justice Orie Melvin Not Required To Endure Humiliation, Handcuffed Pictures Stricken from Sentence By Superior Court.

The Superior Court affirmed the sentence of Joan Orie Melvin with one important change. She is not being required to endure the humiliation of being exhibited in a photograph of her in handcuffs after the trial. The Court held that this was an unnecessary humiliation.

Governor Perry’s Veto: What About the Texas Constitution?

No. 1,096 Without doing any research, I’d be willing to bet a month of lunches that Governor Rick Perry’s budget veto is an unconstitutional Act. Variations on this theme have been tried before, including in Pennsylvania. And I would double down that bet by predicting that the grand jury indictments against the Governor are unconstitutional […]

College Files Suit over Abortion Insurance Requirement in Obamacare.

No. 895 Wheaton College, an evangelical Christian institution of higher education, has filed a Petition for Injunction against application of the provisions of the Health Care Act regarding abortion to the health insurance provided by the College. CLT

Commonwealth Court Ruling on Act 13 Oil and Gas Regulation is Not the Last Word.

No. 894 On July 26, 2012, the Pennsylvania Commonwealth Court decided a Constitutional challenge to Act 13, the latest legislative attempt to regulate the booming oil and gas industry.  By a 4-3 vote it found certain provisions of the statute unconstitutional. See Robinson Township et al. v. Commonwealth, No. 248 MD 2012, not yet found […]

First American Financial Corp. v. Edwards — this US Supreme Court Decision, Due Next Week, Could Change How We Do Residential Real Estate.

No. 851 Everybody is waiting for the Supreme Court’s decision on Obamacare.  But there are other important cases before the United States Supreme Court. Among them is First American Financial Corp. v. Edwards, Docket No. 10-708. Scotusblog states the plain English issue of this case as follows: Whether lawsuits under the Real Estate Settlement Procedures […]

FYI, Flashing Lights to Warn of a Speed Trap May be Protected Speech

No. 837 In case you ever wondered, there has been at least one case involving the practice of flashing lights at people approaching a speed trap.  A Florida court held that such conduct was speech protected the First Amendment.  Its not precedent, but its an interesting idea if you ever find yourself in that spot. Hat […]

MORTGAGE FORECLOSURE: Superior Court Holds that the Act 91 Notice Prescribed by Regulation is Defective; Residential Sheriff Sale is Set Aside for Lack of Jurisdiction.

On January 30, 2012, the Superior Court held that the Act 91 Notice promulgated by the Pennsylvania Housing Finance Agency does not contain an important statutory provision and that, as a result, the courts lack jurisdiction over residential mortgage foreclosures filed by lenders giving the defective notice.

Paterno’s Grand Jury Testimony Is Inadmissible at Trial.

No. 800 This is the 800th Post on Pittsburgh Legal Backtalk.  Thanks for reading. Joe Paterno’s testimony before the grand jury corroborated Mike McQueary’s testimony that he reported activity of a sexual nature and not just horseplay.  Paterno would have been an important prosecution witness in the trials of former PSU Athletic Director Tim Curley […]

Do they still hang horse thieves in Texas?

No. 775 Everyone knows that Texas is just about the world champion in administering capital punishment.  But do they hang horse thieves?  There is a real case of serial horse theft and equicide pending in the Lone Star State.  Improve your education on the subject by reading the Equine Law Blog.

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CLIFF TUTTLE has been a Pennsylvania lawyer for over 45 years and (inter alia) is a real estate litigator and legal writer. The posts in this blog are intended to provide general information about legal topics of interest to lawyers and consumers with a Pittsburgh and Western Pennsylvania focus. However, this information does not constitute legal advice and there is no lawyer-client relationship created when you read this blog. You are encouraged to leave comments but be aware that posted comments can be read by others. If you wish to contact me in privacy, please use the Contact Form located immediately below this message. I will reply promptly and in strict confidence.

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