CIVIL VERDICTS - PREMISES LIABILITY * Estate of Joan DeMarco v. The Marquis - Decedent business tenant of apartment/office complex owner murdered by former employee of defendant in violent assault during office burglary. Plaintiff's estate alleged negligent security theory of liability against defendant. Settlement negotiated with responsible insurance company in excess of One Million Two Hundred Thousand ($1,200,000.00) Dollars prior to trial. * Khaled Bakar v. Home Properties, Inc. - Plaintiff was standing on third floor balcony of friend's apartment owned by defendant, when the floor suddenly collapsed causing plaintiff to fall to ground. Plaintiff sustained fractured ribs, non-displaced tibia fracture and herniated disc, which was treated with physical therapy and multiple epidural injections. Montgomery County jury returned a verdict in the amount of Seven Hundred and Sixty Nine Thousand ($769,000.00) Dollars. Plaintiff filed Motion for Delay Damages which was granted and case was settled for Nine Hundred Thousand ($900,000.00) Dollars. * CIVIL VERDICTS - AUTOMOBILE ACCIDENTS * Riccardo v. Kim - Plaintiff sustained fractured cervical vertebrae at C5-6 level which required two surgeries and metal screws, arising from a two vehicle automobile accident. Out-of-court settlement negotiated with responsible insurance carriers in amount of Four Hundred Thousand ($400,000.00) Dollars prior to trial. * Estate of Robert Kane v. Joseph Falco - Decedent killed while passenger in one-car accident where intoxicated driver lost control of vehicle. Wrongful death claim settlement negotiated with responsible insurance company in the amount of Six Hundred and Sixty Thousand ($660,000.00) Dollars prior to trial. * Vinnie Moss v. Baldi Transportation/Erie Insurance Company - Plaintiff awarded Two Hundred Thirty Five Thousand ($235,000.00) Dollars by jury after trial. Defendant trucking company bankrupt and uninsured. Uninsured motorist claim settlement negotiated with plaintiff's insurance company in the amount of Two Hundred Thousand ($200,00.00) Dollars. * CIVIL VERDICTS - LIQUOR LIABILITY * Gerald & Irene Kane v. Dublin Wine and Spirits and Commonwealth of PA - Plaintiff husband and wife sustained multiple injuries in head-on collision with drunk driver. Husband-plaintiff sustained head injury resulting in brain hemorrhage and coma, with substantial recovery. Wife-plaintiff sustained broken ankle. Out-of-court settlement successfully negotiated against defendants prior to trial. Husband's claim - Two Hundred Forty Thousand ($240,000.00) Dollars. Wife's claim - Ninety Thousand ($90,000.00) Dollars. (Bucks County)* Edward Pisarek v. Adriatric Club - Plaintiff police officer assaulted while on duty by intoxicated bar patron skilled in martial arts. Plaintiff sustained permanent partial hearing loss and multiple lacerations. Non-jury trial verdict in favor of plaintiff and against defendant in amount of One Hundred Fifty Thousand ($150,000.00) Dollars. (Philadelphia County) CIVIL VERDICTS - PRODUCT LIABILITY* Keith Rosenberger v. Galoob Toys, Inc. - Plaintiff sustained temporary partial loss of vision in one eye with increased risk of future glaucoma, when struck in eye by defendants' children's toy, while plaintiff demonstrated newly purchased toy for child. Out-of-court settlement successfully negotiated against defendants in the amount of One Hundred Fifty Thousand ($150,000.00) Dollars prior to trial. (Montgomery County)* Raymond Cost v. Caterpillar, Inc. - Plaintiff sustained partial amputation of his lower leg, when his foot was crushed in an unguarded pinchpoint of rotating couplings inside engine area, while plaintiff was performing maintenance of defendant's heavy trash compactor/metal shearer. Out-of-court settlement successfully negotiated against defendant in the amount of Four Hundred Seventy Five Thousand ($475,000.00) Dollars prior to trial. (Montgomery County)

SORNA Found Unconstitutional Despite Amendments

On June 22, 2018, a Montgomery County Judge ruled that the retroactive application of the recently amended Pennsylvania Sexual Offender Registration and Notification Act (“SORNA”) is Unconstitutional

Last Friday, June 22, 2018, Montgomery County Judge William R. Carpenter granted our Motion to Terminate Sexual Offender Registration Requirements under the new, revised Pennsylvania “SORNA” statute enacted on February 21, 2018, which we argued on behalf of our client, C.L., was punitive, retroactive and unconstitutional. Under the provisions of the most recently revised “SORNA” our client who was convicted of Sexual Assault and related offenses would have been subjected to a “lifetime” registration requirement with the Pennsylvania State Police.

At the time our client was sentenced by Judge Carpenter in 1997 to serve a seven to twenty year sentence, his most serious offense carried a ten year sexual offender registration and notification requirement, under the then existing Megan’s Law I.  Megan’s law I was later subject to significant revisions in Megan’s Law II in 2000, and again with Megan’s Law III in 2004.  Then in 2012, the Pennsylvania legislature enacted the Sexual Offender Registration and Notification Act (“SORNA”) which, among other changes, broadly expanded the length of registration and notification requirements for those previously convicted of most sexual offenses.

In 2017, the Pennsylvania Supreme Court held in Commonwealth vs. Muniz that “SORNA” was unconstitutional in that it violated the ex post facto clauses of the Pennsylvania and United States Constitutions based on its retroactive and punitive registration and notification requirements as applied to offenders who were convicted prior to its enactment. The most recently revised “SORNA” statute signed into law on February 21, 2018, was the Pennsylvania legislature’s response to the sweeping Muniz decision.

In the decision issued on June 22, 2018, Montgomery County Judge William R. Carpenter wholly agreed with our argument that, notwithstanding certain less onerous yearly registration provisions of the new “SORNA,” including the opportunity for a lifetime registrant to petition to terminate the registration requirements after twenty five years, the longer, retroactive registration requirements of “SORNA” and other provisions were still punitive and unconstitutional.

Our client was NOT determined to be a sexually violent predator at the time of his 1997 sentencing. He had no prior record and he has had no further law enforcement contacts during the last twenty years. In conclusion, it appears likely that the “SORNA” related litigation will not end soon as thousands of previously convicted sexual offenders are greatly impacted by this unconstitutional Pennsylvania statute that has been repeatedly and unsuccessfully revised to try and pass Constitutional muster for over a decade.

If you, or someone you know would like to consult with us about terminating “SORNA” registration and reporting requirements, please contact us now!

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