Thread of legal hubbub

tifosi77
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Postby tifosi77 » Fri Jan 11, 2019 2:25 pm

Congrats, duderonomy.

AuthorTony
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Postby AuthorTony » Fri Jan 11, 2019 2:26 pm

Congrats!!

dodint
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Postby dodint » Fri Jan 11, 2019 2:33 pm

Thanks again. This last semester was incredibly hard. I feel like I'm celebrating a bit much so early but it should be smooth sailing from here. In the spring I'm only taking 11 credits, so three classes at my school and the one at Duquesne. In the Fall it will be a little heavier but nothing like Fall 2018.

After that, bar prep. :lol:

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Postby Kane » Fri Jan 11, 2019 2:34 pm

:fist:

Shyster
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Postby Shyster » Fri Jan 11, 2019 7:18 pm

Sounds good, dodint. If you plan on taking the PA Bar, make sure you pick up PA Civil Procedure in your bar prep course. PA is one of the minority of states that has not adopted the federal rules. PA hasn't even adopted the federal rules in part. Everything is PA-only, including the criminal rules and appellate rules (although oddly PA does mostly follow the Federal Rules of Evidence). For example, if there's any other state that uses "preliminary objections" to refer to a pre-answer motion in response to a complaint, I'm not aware of it.

dodint
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Postby dodint » Fri Jan 11, 2019 8:51 pm

Yeah, I got boned on that a bit. I tried to take PA Civ Pro at Duquesne this semester but they moved it to day, so I took a 'fun' social media discovery class instead because it is offered at night. I still hope to take PA Con Law in my last semester this fall but I think I lost out pretty badly by missing PA Civ Pro.

I am aiming to take the bar in PA, in Feb 2020. Stuck between using Themis or Barbri for prep. I am trying out Themis for MPRE in March.

I knew PA was different for civ pro but not completely seperate. That blows. I will take a look around soon but if you know of any good resources or texts I should look at first feel free to refer me to them.

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Postby Shyster » Fri Jan 11, 2019 9:21 pm

I did BarBri (on video and not live), and I think the PA Civil Procedure part was pretty decent. I might still have that book in my basement. I did a PA Civ Pro class in law school, but it wasn't great.

PA is totally separate. The civil rules have nothing to do with the federal rules, although they share the same concepts. Preliminary objections under PA Rule 1028 do most of the same stuff as motions under Federal Rule 12(b), for example, but with added twists, such as the fact that preliminary objections can be filed in response to preliminary objections. So it's is possible to have a filing in PA that is "Plaintiff's Preliminary Objections to Defendant’s Preliminary Objections to Plaintiff’s Complaint.”

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Postby dodint » Fri Jan 11, 2019 9:30 pm

Barbri supposedly has the best state specific content because they have been doing it the longest; they have just been evolving the same material since the pre-internet era. They also have the most, albeit anecdotal, complaints about making people absolutely neurotic with their delivery.

That's interesting. Puts into context some of the cases I have begun to read for my long research paper. Hmm.

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Postby Shyster » Fri Jan 11, 2019 10:21 pm

Thinking back, the videos might have been a little doom and gloom, but it wasn't too bad. My greatest peeve was that the videos had clearly been prepared for a Philly audience. Every break was baked into the video so that once the video started it just played all morning/afternoon, and every freaking break was a montage of shots of Philadelphia landmarks to the accompaniment of Elton John's "Philadelphia Freedom." By the second day I wanted to straight-up murder whoever did that, and I don't think any Pittsburgh jury would have convicted me.

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Postby slappybrown » Sat Jan 12, 2019 12:12 pm

I took BarBri and didn’t think it was anything unusual. I think I did live instructors.

I did not have a PA Civ Pro class in law school and had absolutely no idea what the hell they were talking about.

Get ready to file demurrers; praecipe your ass off for various things; and maybe even one day file a suggestion of death. Worst case, you can always petition for allocatur.

PA state court is the wooooooorst.

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Postby dodint » Sat Jan 12, 2019 11:14 pm

Oh good.

Shyster
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Postby Shyster » Sun Jan 13, 2019 5:46 pm

I took BarBri and didn’t think it was anything unusual. I think I did live instructors.

I did not have a PA Civ Pro class in law school and had absolutely no idea what the hell they were talking about.

Get ready to file demurrers; praecipe your ass off for various things; and maybe even one day file a suggestion of death. Worst case, you can always petition for allocatur.

PA state court is the wooooooorst.
Objection! Your objections raise questions of fact, and therefore should have been endorsed with a 20-day notice to plead. :P

Tomas
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Postby Tomas » Mon Jan 14, 2019 10:37 am

I have heard that justice is supposed to be blind - but seriously, this judge does not see the resemblance of the stamp and the photo? :D

https://translate.google.com/translate? ... omaci_linv

dodint
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Postby dodint » Mon Jan 14, 2019 10:46 am

:lol:

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Postby Shyster » Wed Jan 23, 2019 8:55 pm

The Pennsylvania Supreme Court granted a petition for allowance of appeal in one of my appellate cases, so I'm headed to the Supreme Court for the third time. My client prevailed before the Commonwealth Court, and this is the first time I'll be representing the appellee at the Supreme Court.

dodint
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Postby dodint » Wed Jan 23, 2019 8:57 pm

:thumb:

Tomas
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Postby Tomas » Fri Jan 25, 2019 12:08 am

The Pennsylvania Supreme Court granted a petition for allowance of appeal in one of my appellate cases, so I'm headed to the Supreme Court for the third time. My client prevailed before the Commonwealth Court, and this is the first time I'll be representing the appellee at the Supreme Court.
Hope you present your case like this! :)


tifosi77
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Postby tifosi77 » Mon Jan 28, 2019 10:06 pm

We just watched Fyre on Netflix over the weekend. 50,000': Fyre was an event promo'd as a 'luxury music experience', and the marketing was full of promises of glamour and celebrity, and when attendees showed up in the Bahamas for the show they didn't have toilets or food. I mean, it was one of the most spectacular faceplants I've ever seen in the entertainment industry.

What was neat about it, from the outside, was that their aggressive use of social media 'influencers' was tagged fairly early on (like months before the event) as a cautionary thing. The FTC had begun really cracking down on them, and have even recently brought enforcement actions against the personalities themselves, not just the entities they were promoting (which is how it used to work). This is how in part "#ad" and "#sponsored" have become things, and the regulatory fallout from Fyre was the main subject in a 60-minute CLE seminar I went to a few months after the event 'happened'. And just today it was announced that the influencer models can and will be subpoenaed for the bankruptcy case, so we'll be treated to the spectacle of Kendall Jenner and Em Rata talking about orange boxes on Instagram in a federal courtroom. So that's neat.

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Postby MrKennethTKangaroo » Wed Jan 30, 2019 6:53 am

Can some of the resident 5af legal experts please sort out this gun legislation that Peduto/City Council are trying to pass? Is this grandstanding or a genuine attempt to genuinely make a change

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Postby dodint » Wed Jan 30, 2019 9:27 am

Shyster did it in the PDT at the time. In real short summary it's grandstanding. PA law already forbids this kind of legislation. In fact, Pittsburgh tried it in the early 90s and got their peepee smacked; the city is already operating under an injunction specifically preventing this exact kind of legislative effort.

It's grandstanding and an incredible waste of taxpayer money. IANAL, I will try and find his summary of the situation and cross-quote it.

dodint
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Postby dodint » Wed Jan 30, 2019 9:29 am

Sorry, it was in the Gun and Ammo thread:
@Shyster - This isn't enforceable, like at all, right?

https://www.post-gazette.com/news/polit ... 1812050188
It's pretty clearly unenforceable. Like WK already said, PA law has a preemption statute that forbids municipalities from enacting their own gun laws. In addition, enacting those laws might violate a court order. Pittsburgh previously tried to ban assault weapons back in the 1990s as a "pile on" to the federal AWB, and as part of the settlement in the ensuing lawsuit from Allegheny County Sportsmen's League the City agreed to a consent order under which the City agreed to cease further efforts to enact local gun laws.

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Postby Shyster » Wed Jan 30, 2019 2:53 pm

Can some of the resident 5af legal experts please sort out this gun legislation that Peduto/City Council are trying to pass? Is this grandstanding or a genuine attempt to genuinely make a change

The City is actually barred from passing those laws in two different ways. First, the PA Uniform Firearms Act includes a provision (18 Pa.C.S. § 6120(a)), which says: "No county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammunition components when carried or transported for purposes not prohibited by the laws of this Commonwealth." Courts have repeatedly upheld this statute as barring local municipalities from regulating firearms.

Second, Pittsburgh is a home-rule entity, which means that it has adopted its own governing laws and ordinances rather than using the default laws set by the state. Home-rule entities are authorized by Article 9, § 2 of the PA Constitution. Section 2 also says, "A municipality which has a home rule charter may exercise any power or perform any function not denied by this Constitution, by its home rule charter or by the General Assembly at any time." Thus, § 2 says that the General Assembly can deny powers/functions for home-rule entities. And under the Home Rule and Optional Plan Government Act, the limitations on home-rule powers includes: "A municipality shall not enact any ordinance or take any other action dealing with the regulation of the transfer, ownership, transportation or possession of firearms."
53 Pa.C.S. § 2962(g)
. Under this statute, Pittsburgh does not have the legislative power to enact gun laws. The City Council is not merely blocked from doing something that it might otherwise have the power to do (which is what 18 Pa.C.S. § 6120 does). Rather, the City Council is constitutionally deprived of the power to pass those laws in the first place. Any laws passed in violation of § 2962 would not merely be preempted; they would be ultra vires, which is a 25-cent legal term that means "beyond one's legal power or authority."

Finally, in Ortiz v. Commonwealth, 681 A.2d 152 (Pa. 1996) the Pennsylvania Supreme Court held that Pittsburgh and Philadelphia were barred by these statutes and constitutional provisions from enacting their own gun laws, including assault-weapons bans. While that case was originally brought by several Philadelphia councilpersons, Pittsburgh moved to intervene and was a party before the Supreme Court. The Supreme Court held that §§ 6120 and 2962 deprived both cities of the ability to pass their own gun laws. None of these statutes or constitutional provisions have changed since 1996.

So in sum, not only are there two different state laws barring Pittsburgh from passing its own gun laws, but Pittsburgh has already litigated and lost a case before the Supreme Court in which it argued that it should be able to pass local gun laws in spite of those state statutes.

MrKennethTKangaroo
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Postby MrKennethTKangaroo » Wed Jan 30, 2019 3:06 pm

so.............grandstanding?

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Postby Shyster » Wed Jan 30, 2019 3:15 pm

Since the Tree of Life shooting is being invoked as the justification for the laws, I'd personally call it "blood dancing," but grandstanding would also work.

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Postby Shyster » Thu Feb 21, 2019 8:41 pm

So Louisiana apparently has a law against "posting of criminal activity for notoriety and publicity," and a woman was arrested under that law for posting a video of a schoolyard fistfight. The police seem to have effed up because the statute says it applies only to "a person who is either a principal or accessory to a crime," but beyond that this law strikes me as having some serious First Amendment implications.

https://www.wtae.com/article/mom-placed ... a/26454706

https://law.justia.com/codes/louisiana/ ... -14-107.4/

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