The Legal Intelligencer | Commentary
By James M. Beck | May 23, 2024
A new trial (whether by motion, necessitated by a mistrial, or ordered on appeal) certainly defeats law of the case. The slate-wiping function of a new trial means that the law-of-the-case doctrine is "misplaced."
The Legal Intelligencer | Commentary
By Meghan L. Zupancic | May 23, 2024
During the years between the bill's introduction and its ultimate passage, Kayden's Law was subject to significant amendments, largely through the efforts of the Pennsylvania Bar Association and numerous local bar associations concerned with the potentially negative effects the bill could have on many families involved in custody litigation.
The Legal Intelligencer | Commentary
By The Young Lawyer Editorial Board | May 23, 2024
More junior lawyers should embrace the nearly endless opportunities to engage in pro bono work, as they would benefit not only from providing legal counsel to those who desperately need it, but also by gaining valuable legal experience (often in a new area of the law) and expanding their professional networks.
The Legal Intelligencer | Commentary
By Craig R. Tractenberg | May 23, 2024
As a statutory interpretation case, the court examined the text, structure, and purpose of the FAA. The only conclusion which could be drawn is that "when a federal court finds that a dispute is subject to arbitration, and a party has requested a stay of the court proceeding pending arbitration, the court does not have discretion to dismiss the suit on the basis that all the claims are subject to arbitration."
The Legal Intelligencer | Commentary
By Jeffrey A. Cohen | May 21, 2024
A college scholarship certainly has value; however, student-athletes have pushed for more, using the court system for the past 15 years to advance their cause, and the entire sports landscape is still trying to figure out what is legal and what balance to strike.
The Legal Intelligencer | Commentary
By Jeffrey Campolongo | May 21, 2024
The ruling serves as a reminder to legal practitioners that pleadings should not be used as a testing ground for defenses but rather as a platform for assertions grounded in existing evidence and legal principles.
The Legal Intelligencer | Commentary
By Lawrence J. Kotler and Drew S. McGehrin | May 20, 2024
The Bankruptcy Code has excepted certain debts that are incapable of being discharged as a matter of right, including, without limitation, certain "qualifying" loans used to fund a debtor's education. For a debtor to be able to receive a discharge of such loans, the debtor must file a lawsuit and obtain a judgment determining their dischargeability.
The Legal Intelligencer | Commentary
By Laurie Jubelirer | May 20, 2024
While the American system grapples with issues of mass incarceration, high recidivism rates, and a focus on punishment rather than rehabilitation, other nations have pioneered approaches that prioritize human dignity and community reintegration.
The Legal Intelligencer | Commentary
By Samuel H. Pond and Vladimir Dorash | May 17, 2024
The means used to obstruct the approval of the fee are not only flawed litigation tactics but arguably rise to the level of tortious interference. While some choose to be willfully blind to the plain language of Section 442 of the Pennsylvania Workers' Compensation Act, as well as its clear interpretation in Neves and Williams, we call on the Pennsylvania Workers' Compensation defense bar to abstain from tortious interference with contractual relationship between injured workers and their attorneys under the pretext of a "greater good."
Daily Business Review | Commentary
By Kayla Mosquera | May 17, 2024
By embracing lifelong learning, ethical leadership, and technological innovation, young lawyers can navigate the complexities of the legal landscape and make meaningful contributions.
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