Commonwealth Court Gives Agencies a Free Pass In Deemed Denials

On August 9, 2013, the Commonwealth Court announced its en banc decision in McClintock v. Coatesville Area School District, No. 1262 C.D. 2012.   In an opinion by Judge Cohn Jubelirer, the Court announced that when an agency fails to make any response to a Right-to-Know request resulting in a “deemed denial” under 65 P.S… Read On

Nauman Smith Partners Honored

Two partners of Nauman Smith Shissler & Hall, LLP recently received notable awards within their respective fields of law.  Managing Partner Craig J. Staudenmaier has been selected, for a second consecutive year, by his peers for inclusion in the 20th Edition of The Best Lawyers in America in the practice area of Commercial Litigation. … Read On

Information Related to Louis Freeh’s Investigation of Sandusky Scandal at Penn State is Potentially Subject to Public Disclosure

Note the author of this article is counsel for Ryan Bagwell, a party to the case discussed below. In a groundbreaking decision issued last week, the Commonwealth Court held information received by the Secretary of Education through his service as an ex officio member of the Penn State University Board of Trustees is a record of the Department of Education subject to public disclosure under the Right-to-Know Law (RTKL). … Read On

The Aftermath of the U.S. Supreme Court’s Decision on DOMA

The Windsor Decision Creates Myriad of Questions While the plaintiff in the Defense of Marriage Act case, Edith Windsor, will get back $363,000 in federal estate taxes plus interest, the future is murky for the estimated 114,000 legally married same-sex couples living in the United States. That’s because a state line still decides who is married and who is not… Read On

Mid-Year Update: Federal & State Taxes

State Taxes While there were not that many major tax law changes in Pennsylvania this year, it appears as if there are big changes on the horizon as House Bill 465 is inundated with tax provisions.  Pending Governor Corbett’s signature, one key provision would close the “Delaware loophole” that allows corporations to minimize tax obligations by transferring assets to out-of-state holding companies… Read On

PCN to Broadcast Arguments in Department of Education Records Case Today

Nauman Smith attorney Joshua D. Bonn argued a public records case with broad implications for Penn State and other state-related universities at the Commonwealth Court’s en banc argument session on June 19, 2013.  The Pennsylvania Cable Network will broadcast the argument session today at 7 p.m, and online by the end of the weekend. Bonn represents Ryan Bagwell, who is seeking records related to Louis Freeh’s investigation of the Jerry Sandusky scandal at Penn State University.  Bagwell asked the Department of Education to disclose emails received by Ronald Tomalis… Read On

Federal Preemption Protects Railroads from a “Flood” of Claims

In September, 2011, Hurricane Lee slammed into the eastern seaboard of the United States.  The northeast was particularly hard hit, including Pennsylvania.  Damage to both commercial and residential property was extensive.  Many of those affected did not have flood insurance.  Those home and business owners have looked for deep pockets out of which to recoup their losses. … Read On

Pennsylvania’s Fledgling Right-to-Know Law Could Face a Major Overhaul

Barely four years old, Pennsylvania’s “new” Right-to-Know Law, (“RTKL”), could be in for a major overhaul.  Senator Dominic Pileggi, the author of the bill which eventually became, in large part, the 2009 law, has introduced a bill this session, SB 444, which would make major amendments to the existing law.  Public hearings have been held concerning the proposed amendments.  … Read On

Marcellus Shale – Update

Marcellus Shale gas drilling and fracking continue to be in the spotlight.  Last minute changes to Senate Bill 259 made during the recent budget negotiations have prompted environmental and oil and gas royalty owner groups alike to observe that the legislation seriously weakens the negotiating rights for certain landowners holding mineral rights.  Governor Corbett signed Senate Bill 259 into law on July 9… Read On

Agency has no duty to inquire of former employees and officials whether they are in possession of the agency’s public records

The Commonwealth Court has examined the scope of an agency’s duty to make inquiries to individuals in possession of the agency’s public records. Charles Breslin v. Dickinson Township, — A.3d —-, 875 C.D. 2012 (Pa.Cmwlth. 2013). The Breslin case involved an open-records request for a specific email between Township supervisors. The request at issue described the date and subject line of the email and further stated the email was “… currently in the possession of [the] former township manager ….” The Township’s Open-Records-Officer conducted a search… Read On

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