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Judge Recommends Release of Cop Shooter Barnes
The Legal Intelligencer
Thursday, February 9, 2012
A federal judge has recommended the release of convicted cop shooter William Barnes from state prison.
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- Pepper Hamilton Hires Nonlawyer CEO to Run Firm
- Pa. Justices Reject Bayer's Petition on Forum
- Generic Drugmakers Settle Class Action Over Antidepressants
- Dechert's Revenue Grows for First Time in 4 Years
- State Supreme Court Issues Decision in Redistricting Case
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U.S. Court Decides Primary May Proceed Under 2001 Map
The Legal Intelligencer
Thursday, February 9, 2012
Use of decade-old district lines in this year's election for seats in the Pennsylvania General Assembly is permissible as an emergency measure, a federal judge has ruled.
Asbestos MDL Cases Tossed as Products Didn't Contain Fibers
The Legal Intelligencer
Thursday, February 9, 2012
A federal judge in Philadelphia has tossed some cases in the multidistrict asbestos litigation against a group of defendants he said couldn't be held liable for the fact that their non-asbestos-containing products were later used in asbestos-containing products handled by the plaintiffs.
Courthouse Supervisor Faces Individual Liability Under FMLA
The Legal Intelligencer
Wednesday, February 8, 2012
In a case of first impression, the 3rd U.S. Circuit Court of Appeals has ruled that a court system supervisor may be liable as an individual under the federal law that allows employees to take 12 weeks of job-protected leave for medical reasons.
Judge OKs Majority of 'Bad Acts' Evidence in Priest Abuse Case
The Legal Intelligencer
Tuesday, February 7, 2012
At the request of prosecutors, a Philadelphia judge has ruled that all but six instances of priests who were reported to have committed sexual abuse or other improprieties can be admitted into the unprecedented trial of a high-ranking church official in charge of human resources for priests in the Archdiocese of Philadelphia.
Recorders of Deeds May Not Reject Gas Lease Documents
The Legal Intelligencer
Tuesday, February 7, 2012
In what attorneys said is a significant win for natural gas drillers, the Commonwealth Court has ruled that counties' recorders of deeds are required by statute to record all lease documents presented to them, including single documents containing multiple lease assignments.
DeWeese jury trial deliberating for third day
The Associated Press
Monday, February 6, 2012
HARRISBURG, Pa. (AP) - Jurors are deliberating for a third day in the corruption trial of once-powerful Pennsylvania state Rep. Bill DeWeese.
Ciavarella Has Judicial Immunity From Some Civil Claims
The Legal Intelligencer
Monday, February 6, 2012
Echoing his earlier ruling in the civil class action brought by juveniles against former Luzerne County Common Pleas Court Judge Mark A. Ciavarella Jr., a federal judge has ruled in a separate suit that Ciavarella is shielded by judicial immunity from some, but not all, of the allegations.
State Supreme Court Issues Decision in Redistricting Case
The Legal Intelligencer
Friday, February 3, 2012
A citizen challenge to the state Legislative Reapportionment Commission's final House and Senate maps has "overwhelmingly" shown the commission divided too many political subdivisions, a much-anticipated majority opinion from the state Supreme Court said Friday.
Judge Orders New Trial on Damages Over Lawyers' Remarks
The Legal Intelligencer
Tuesday, February 7, 2012
A Philadelphia judge ordered a new trial on damages in a run-of-the-mill automobile collision case in which cable giant Comcast Corp. is a defendant because the judge said the plaintiff's lawyer "emphasized the race of the plaintiff and the financial and economic disparity between the plaintiff and Comcast." and the lawyer for Comcast's co-defendant also emphasized the economic disparity.
Chester Loitering Ordinance Unconstitutional, Commonwealth Court Rules
The Legal Intelligencer
Tuesday, February 7, 2012
A Chester, Pa., ordinance making it illegal to loiter in a "high drug activity area" is too vague, a split panel of the Commonwealth Court has ruled, in addition to deciding the city had applied the law in a manner violating a teen's Fourth Amendment rights.
Robbery Not Needed as Predicate Offense for Murder Conviction
The Legal Intelligencer
Tuesday, February 7, 2012
A Pennsylvania man's second-degree murder conviction may stand, even though the same jury that found him guilty of murder acquitted him of robbery, the predicate offense in his case, the state Supreme Court has ruled.
Hitting a Box in the Road Can Generate UM Benefits, 3rd Circuit Says
The Legal Intelligencer
Tuesday, February 7, 2012
A car accident caused by a box left on the road by a "ghost" vehicle is enough to invoke an insurance policy's uninsured motorist coverage, the 3rd U.S. Circuit Court of Appeals has ruled.
State House Moves to Cap Punitives in Nursing Home Cases
The Legal Intelligencer
Tuesday, February 7, 2012
The Republican-controlled state House of Representatives is pushing for further changes to tort law, including a measure that would cap punitive damages in cases in which plaintiffs who reside in nursing or assisted living facilities allege they were injured.
No Punitives for Talking on Cellphone While Driving, Judge Says
The Legal Intelligencer
Tuesday, February 7, 2012
A Northampton County trial judge has found that talking on a cellphone while driving is not egregious enough to warrant punitive damages in a motor vehicle accident case.
Fed court upholds dismissal of Pa. trooper's suit
The Associated Press
Friday, February 3, 2012
PITTSBURGH (AP) - The 3rd U.S. Circuit Court of Appeals says a federal judge in Pittsburgh was right to dismiss a retired Pennsylvania State Police lieutenant's whistleblower lawsuit that claimed his superiors retaliated against him for cooperating in a sex harassment investigation of another trooper.
Allegheny County Owes Sex Offenders $325K in Attorney Fees
The Legal Intelligencer
Friday, February 3, 2012
Allegheny County must pay a group of sex offenders nearly $325,000 in attorney fees after the group successfully challenged the enforceability of a local ordinance restricting the offenders' residency.
Expedia Doesn't Have to Pay Phila. Hotel Tax
The Legal Intelligencer
Friday, February 3, 2012
Online travel service Expedia Inc. does not have to pay Philadelphia hotel tax on the fees it charges users for its services because the company is not a hotel operator, the Commonwealth Court ruled 5-2.
Pa. Justices Reject Bayer's Petition on Forum
The Legal Intelligencer
Thursday, February 2, 2012
The state Supreme Court has rejected the request of a pharmaceutical manufacturer to exercise its jurisdiction over whether Pennsylvania is the most convenient forum for several drug products liability cases brought by out-of-state plaintiffs in Philadelphia Common Pleas Court.
Additional Story for Phila. Family Courthouse Gets Green Light
The Legal Intelligencer
Thursday, February 2, 2012
An obscure Philadelphia governmental agency has approved the First Judicial District's request to add an additional story to the Philadelphia family courthouse over the opposition of neighbors to the courthouse site.
Expert's Midtrial Shift Can Abort Plaintiff's Brain Cancer Case
The Legal Intelligencer
Thursday, February 2, 2012
An expert's overnight change in his report was a proper cause for nonsuit even though the plaintiff's lawyer had not completed his case, a Philadelphia judge has ruled in a brain cancer case, according to an opinion released last month.
NFL Concussion Suits Consolidated in Eastern District
The Legal Intelligencer
Wednesday, February 1, 2012
The U.S. Judicial Panel on Multidistrict Litigation has granted the National Football League's motion to consolidate and centralize four concussion lawsuits against the league in the U.S. District Court for the Eastern District of Pennsylvania.
Judge Lets Fee Dispute Between Delco Firm and N.J. Lawyer Proceed
The Legal Intelligencer
Wednesday, February 1, 2012
A federal judge has allowed a New Jersey lawyer's claim for attorney fees against Media, Pa.-based firm Sacchetta & Baldino and its principals to proceed.
Former Police Officer Sues County Judge Vough
The Associated Press
Tuesday, January 31, 2012
Luzerne (AP) - Before he was a member of the county bench, attorney Michael Vough should have done more to protect one of his client's interests, a lawsuit filed in Luzerne County Court alleges.
Judge Poised to Rule on 'Bad Acts' Evidence in Priest Sex-Abuse Case
The Legal Intelligencer
Monday, January 30, 2012
Prosecutors want to submit evidence of about 30 instances of priests reported to have committed sexual abuse or other improprieties in the trial of a church official in the Archdiocese of Philadelphia.
3rd Circuit Upholds $3 Mil. Verdict in Age Discrimination Case
The Legal Intelligencer
Tuesday, January 31, 2012
The 3rd U.S. Circuit Court of Appeals has upheld a multimillion-dollar age discrimination verdict and opened the door for awarding the two scientists who won the verdict additional money in prejudgment interest and recognition for negative tax consequences, finding the district court abused its discretion on denying those requests.
3rd Circuit Upholds State Law Favoring American Steel
The Legal Intelligencer
Monday, January 30, 2012
The 3rd U.S. Circuit Court of Appeals ruled last week that a Pennsylvania state law that mandates that steel used in public works projects be made in the United States is not pre-empted by federal law or unconstitutional.
E-Mails on Govt. Computers Not Necessarily Public Records
The Legal Intelligencer
Tuesday, January 31, 2012
E-mails are not public records under the state's Right-to-Know Law simply because they were sent or received through a government agency's e-mail address or because they are housed on a government computer, a divided Commonwealth Court ruled in an apparent case of first impression.
Child's Recorded Statements to Police Ruled Hearsay
The Legal Intelligencer
Tuesday, January 31, 2012
A 4-year-old's testimony alleging that her father performed numerous sexual acts on her - captured as a DVD interview - was not an "exceptional case" where uncorroborated hearsay was solely sufficient to find abuse had taken place, the Commonwealth Court has ruled
Judge Refuses to Award Fees, Expenses to Defense for Texas Deposition
The Legal Intelligencer
Tuesday, January 31, 2012
The estate of a woman suing a Scranton doctor for malpractice does not have to pay the attorney fees and travel costs of the doctor and the hospital it is suing stemming from an out-of-state deposition of the estate's medical expert, a Lackawanna County judge has ruled.
No License Suspension Because of Parental Liability
The Legal Intelligencer
Tuesday, January 31, 2012
A woman facing a $2,500 default judgment under the Parental Liability Act can keep her driver's license, the Commonwealth Court has ruled, after the Pennsylvania Department of Transportation attempted to suspend her license for failing to pay an award she incurred when her son crashed a vehicle that he took without the owners' permission.
Oil and Gas Lease Valid Despite Vagueness, Superior Court Says
The Legal Intelligencer
Tuesday, January 31, 2012
The state Superior Court has denied what it called a "creative" attempt by a landowner in Bradford County, Pa., to get out of an oil and gas lease in what appears to be the first published state court opinion in a case involving a challenge to the state Supreme Court's 2010 decision in Kilmer v. Elexco Land Services Inc.
Facebook Has Become a Factor for Pa. Family Law Cases
The Legal Intelligencer
Tuesday, January 31, 2012
As trial lawyers continue to test the discoverability of information on Facebook without guidance from an appellate court, family law practitioners are reporting that it's becoming a near rarity for a case to get through family court without use of the social media.
Castille Again Criticizes Federal Defender for Capital Case Delays
The Legal Intelligencer
Friday, January 27, 2012
In the latest legal salvo between Pennsylvania Chief Justice Ronald D. Castille and federal capital case defenders, the chief justice said in an opinion last week that a federal defender has created "state-federal gridlock" in one Philadelphia murder case.
PPA Not Exempt From Commonwealth Documents Law
The Legal Intelligencer
Thursday, January 26, 2012
After five years of litigation, the state Supreme Court has ruled that the Philadelphia Parking Authority is not a unique state agency exempt from having to make regulations in accordance with the Commonwealth Documents Law.
State Supreme Court Rejects Pennsylvania Redistricting Plan
The Legal Intelligencer
Thursday, January 26, 2012
The state Legislative Reapportionment Commission's recently approved House and Senate districts are contrary to Pennsylvania law, the state Supreme Court has narrowly decided, remanding the redistricting effort to the commission in an unprecedented move.
Workers' Comp Judges Can't Fight Rescission of Pay Raise
The Legal Intelligencer
Tuesday, January 24, 2012
Workers' compensation judges have no vested rights in pay increases, the Commonwealth Court has ruled, finding Pennsylvania's WCJs had no recourse to collect on a rescinded raise.
Pa. Supreme Court Hears Redistricting Arguments
The Legal Intelligencer
Tuesday, January 24, 2012
Several challenges to Pennsylvania's newly approved House and Senate districts — coming from a united Democratic Senate caucus, several citizens, and representatives from to-be separated state boroughs — came before the state Supreme Court Monday, as the justices heard appeals to the state Legislative Reapportionment Commission's final decision on the new districts.
Judge Allows for Appeals in Third-Party Duty Case
The Legal Intelligencer
Tuesday, January 24, 2012
A Clearfield County judge, after previously denying a similar defense request, has granted the motion of a corporate methadone clinic and its doctors to file an interlocutory appeal, stemming from claims by the estate of two third-party women who were killed by one of the clinic's patients in a car crash.
State Police Denied Immunity After Allegations of Prisoner Beating
The Legal Intelligencer
Tuesday, January 24, 2012
A federal judge has refused to dismiss the lawsuit of a Western Pennsylvania woman claiming as many as five Pennsylvania State Police officers tortured her with pepper spray and cold water and urinated on her while she was shackled in custody early last year.
Penn State Scandal Highlights Statute of Limitations Debate
The Legal Intelligencer
Tuesday, January 24, 2012
Although some of the lawyers representing accusers in the Jerry Sandusky sex-abuse case have said the state's heavily scrutinized statute of limitations for child sex-abuse claims would not affect their lawsuits, they were hopeful the reverse might be true.
E-Mails Between Council Members Are Public Record
The Legal Intelligencer
Tuesday, January 24, 2012
The Commonwealth Court has ruled that e-mails sent between borough council members using their personal computers and regarding council business are subject to public disclosure under the state's Right-to-Know Law.
Rotwitt Seeks Subpoena of Chadwick Associates in Family Court Row
The Legal Intelligencer
Monday, January 23, 2012
The First Judicial District is objecting to a subpoena that Jeffrey B. Rotwitt, its former counsel in the family courthouse deal, is seeking of the consulting firm that reviewed the project after it erupted into controversy.
ADAs' Salaries Can't Be Charged to Convicted Body-Part Sellers
The Legal Intelligencer
Monday, January 23, 2012
While a convicted defendant can be sentenced to pay the costs of the prosecution and trial, those costs do not include the salaries of the assistant district attorneys and county detectives for the hours they worked the case, the state Supreme Court has ruled.
Court Sides With Paramedics in Collective Bargaining Dispute
The Legal Intelligencer
Monday, January 23, 2012
About 200 paramedics who work for the Philadelphia Fire Department may continue as part of the collective bargaining unit for uniformed department employees, the Commonwealth Court has ruled, deciding the "Fire Service Paramedics" were still firefighters under Pennsylvania's Act 111.
Judge Says Phila. Injury Lawyer Owes $550K Referral Fee
The Legal Intelligencer
Friday, January 20, 2012
A Philadelphia Common Pleas Court judge has granted summary judgment to a Philadelphia solo lawyer who claimed a fellow plaintiffs attorney in the city owes him a more than $550,000 referral fee for a personal injury case that settled for $4.5 million in 2008.
Judge Rules Phila. Landlords Must Be Licensed to Collect Back Rent
The Legal Intelligencer
Friday, January 20, 2012
In a case of first impression, a Philadelphia judge has ruled that landlords must secure licenses from a city agency before they can collect back rent.
Sexual Harassment by Police Officer Not Covered by PHRA, Court Rules
The Legal Intelligencer
Thursday, January 19, 2012
Sexual harassment is not akin to sexual discrimination in public accommodations such as police departments under the Pennsylvania Human Relations Act, a split panel of the Commonwealth Court ruled in an nonprecedential decision.
Total Case Filings Dropped Last Year In Eastern District
The Legal Intelligencer
Thursday, January 19, 2012
The U.S. District Court for the Eastern District of Pennsylvania saw a 14 percent falloff in the number of criminal and civil cases between 2010 and 2011, Chief Judge J. Curtis Joyner reported Wednesday at a meeting of the Philadelphia Bar Association's federal courts committee.
Baldwin Ready to Hand Over Reins as Penn State GC
The Legal Intelligencer
Wednesday, January 18, 2012
Penn State's first general counsel has said she accomplished what she came to do two years ago — create a general counsel's office for the university and ready it to be led by someone else.
PSU Files Infringement Case Against Stadium-Area Rental Cos.
The Legal Intelligencer
Wednesday, January 18, 2012
Penn State has brought a trademark infringement action in the Middle District of Pennsylvania against real estate companies that provide rental housing to people attending the school's football games.
FJD Paid Another $1.79 Mil. for Family Court Expenses
The Legal Intelligencer
Tuesday, January 17, 2012
From August 2010 through October 2011, the First Judicial District paid $1.79 million for expenses related to the nascent family court project, a review of the family court project bank account statements, bills and contractual agreements shows.
Letter: 'Hellholes' Report Critic Misled Readers
The Legal Intelligencer
Tuesday, January 17, 2012
In his Jan. 10 letter, Michael Morrill of Keystone Progress vaguely attacked the American Tort Reform Association and its annual "Judicial Hellholes" report.
Democrats See 'Unique' Opportunity in AG Race
The Legal Intelligencer
Tuesday, January 17, 2012
As candidates for state attorney general began to boast endorsements, some reporting seven-digit bankrolls, all three Democratic candidates said this year's race presented a better-than-usual opportunity for a Democrat to win the seat of Pennsylvania's top prosecutor for the first time in history.
Fraud Allegations Raised in Phila. Judge's Bankruptcy
The Legal Intelligencer
Friday, January 13, 2012
A Philadelphia judge's pending bankruptcy is being disputed by Wells Fargo and a Veterans of Foreign Wars post because the objectors argue the judge participated in an allegedly fraudulent scheme to sell the post's real property.
Comments at Attorney Meeting Privileged; Slander Case Tossed
The Legal Intelligencer
Friday, January 13, 2012
Some harsh words shared between opposing attorneys at a meeting to discuss a case did not rise to defamation, the Pennsylvania Superior Court has ruled, because the meeting was a privileged part of the judicial record in the case.
$7 Mil. Accord Reached for Man Crushed Under Granite Slab
The Legal Intelligencer
Wednesday, January 11, 2012
A man rendered paraplegic after being crushed under a slab of granite has reached a $7 million settlement with the manufacturer of a stone cutting table and two distributors of the table.
Report: Orie Melvin Now a Target of Grand Jury
The Legal Intelligencer
Wednesday, January 11, 2012
According to a published report, state Supreme Court Justice Joan Orie Melvin received a target letter and a subpoena to testify in mid-December from the Allegheny County grand jury that has already recommended charges against her sisters.
GSK Seeks to Limit Contingency Fees in Avandia MDL
The Legal Intelligencer
Tuesday, January 10, 2012
Drugmaker GlaxoSmithKline has asked the judge overseeing the federal multidistrict litigation over the diabetes drug Avandia to limit the contingency fees of attorneys representing individual plaintiffs to 25 percent of client accords or awards.
High Court Rejects Plea to Develop Test for Tax Assessment Plan
The Legal Intelligencer
Tuesday, January 10, 2012
Allegheny County will have to find out through the normal course of litigation if its real property assessment system is constitutional after the Pennsylvania Supreme Court rejected a petition to exercise its King's Bench or extraordinary jurisdiction over the case.
Pa. Justices Vacate Vaccine Case After U.S. Supreme Court Ruling
The Legal Intelligencer
Monday, January 9, 2012
In light of the U.S. Supreme Court's decision in Bruesewitz v. Wyeth, the state Supreme Court has vacated the Superior Court's ruling in the products liability case of an 11-year-old autistic boy.
Class Settlement With Amusement Park Co. Approved
The Legal Intelligencer
Tuesday, January 10, 2012
A preliminary approval of a class action settlement in the Western District of Pennsylvania will come with a free ticket to an amusement park — and not much else.
Senator Says Doubts Underlie Block of 3rd Circuit Nominee
The Legal Intelligencer
Tuesday, January 10, 2012
Responding to press reports that he has stymied a federal appeals court nominee due to a personal grudge, U.S. Sen. Robert Menendez, D-N.J., on Jan. 6 voiced a different rationale: that he considers Patty Shwartz, a magistrate judge in the U.S. District Court for the District of New Jersey since 2003, unqualified for the higher office.
Special Needs Trust Allows Plaintiff to Collect Settlement, Keep Benefits
The Legal Intelligencer
Tuesday, January 10, 2012
A Lackawanna County judge's recent order allowing an auto-accident plaintiff to put her settlement into a "Special Needs Trust," serves as an important reminder to lawyers on how to handle litigation settlements when the plaintiff in the case is receiving state benefits, the plaintiff's attorney said.
Forgetful Jury Foreperson Leads to Ineffective Assistance Claim
The Legal Intelligencer
Tuesday, January 10, 2012
What happens when a jury's foreperson stumbles on the only criminal charge for which the jury was apparently on its way to rendering a verdict?
Judge Says Pa. Law Applies in Coal Tar Pitch Products Cases
The Legal Intelligencer
Tuesday, January 10, 2012
An Allegheny County trial judge has ruled that Pennsylvania law, rather than Texas law, should be applied in deciding the sufficiency of evidence linking coal tar pitch volatiles.
Justices Take Up Request to Testify After Evidence Phase
The Legal Intelligencer
Tuesday, January 10, 2012
The state Supreme Court has granted the appeal of a convicted murderer who was denied the right to testify after the evidentiary phase of his trial had closed.
3rd Circuit Denies Nortel's U.K. Pension Creditors Stay Exemption
The Legal Intelligencer
Monday, January 9, 2012
The 3rd U.S. Circuit Court of Appeals has ruled that two United Kingdom entities seeking to pursue debt claims against Nortel Networks Inc. in their home country are not governmental units and, therefore, cannot invoke the police protection exemption found in the U.S. Bankruptcy Code.
Wave of Changes Coming for Phila. Criminal Courts
The Legal Intelligencer
Monday, January 9, 2012
Philadelphia will have the largest ever contingent of judges assigned to criminal cases when the new judicial calendar starts later this month, the administrative judge of the trial division said in an interview last week.
Attorney Calls $17.75M Mericle Settlement Unfair
The Associated Press
Friday, January 6, 2012
Conflict-of-interest allegations and concerns over a payment system that unfairly rewards young rapists, burglars and drug dealers threatened Thursday to derail a proposed $17.75 million settlement between developer Robert K. Mericle and thousands of youths sentenced in the corruption-stained Luzerne County juvenile court.
Special Master Finished as Luzerne Co. Court Retakes Control of Juvenile Cases
The Legal Intelligencer
Friday, January 6, 2012
Following a state Supreme Court order Thursday, the Luzerne County Common Pleas Court has regained complete control over adjudicating and disposing of the county's juvenile cases.
No Bad Faith, No Spoliation, 3rd Circuit Rules
The Legal Intelligencer
Friday, January 6, 2012
Producing copies of documents instead of originals can be spoliation, the 3rd U.S. Circuit Court of Appeals has ruled, though a finding of bad faith is "pivotal" to a spoliation determination.
Traffic Court Judge Suspended Over Alleged Lewd Photo
The Legal Intelligencer
Friday, January 6, 2012
The state Supreme Court has suspended Traffic Court Judge Willie F. Singletary without pay in an order issued Thursday.
Hodgson Assays Civil, Specialty Courts in PJ 'Exit Interview'
The Legal Intelligencer
Thursday, January 5, 2012
As the president judge of Pennsylvania's third-largest county trial court ends his term as its leader this week, Montgomery County Common Pleas Court Judge Richard J. Hodgson said that some of the biggest milestones of his tenure were making civil cases more court-driven, the creation of more specialty courts aiming at addressing criminal defendants' underlying problems and successfully advocating for an expansion of the county jail.
Court Restores $28 Mil. Punitives Award in HRT Case
The Legal Intelligencer
Thursday, January 5, 2012
The state Superior Court has restored the $28 million in punitive damages a Philadelphia jury awarded to an Illinois plaintiff who said drugmakers Wyeth and Pharmacia & Upjohn Inc. failed to warn her doctor of the risks of breast cancer from using hormonal drugs.
DOMA Unconstitutional, DOJ Brief in Cozen Case Says
The Legal Intelligencer
Wednesday, January 4, 2012
The U.S. Department of Justice has deemed the Defense of Marriage Act unconstitutional in a brief it filed in a Pennsylvania case regarding whether the wife of a former female Cozen O'Connor partner is able to collect the partner's profit-sharing plan benefits under federal law.
Former Phila. Judge Abramson Joins Telecom Startup
The Legal Intelligencer
Wednesday, January 4, 2012
When trial judges retire from the bench, many start new careers at alternative dispute resolution shops or as of counsel at law firms.
State Income Tax Applies to Debt Discharged in Foreclosures
The Legal Intelligencer
Wednesday, January 4, 2012
A split en banc Commonwealth Court panel has ruled in a case of first impression that Pennsylvania's personal income tax can be applied to debt discharged in a property foreclosure, including accrued and unpaid interest on top of the principal amount of the loan used to purchase the property.
Plaintiffs Win Round on Discovery of Facebook Pages
The Legal Intelligencer
Tuesday, January 3, 2012
A Philadelphia judge has denied an insurance company's request to probe a Facebook page in an injury case.
Judge: Highmark-West Penn papers should be public
The Associated Press
Tuesday, January 3, 2012
PITTSBURGH (AP) - A federal judge in Pittsburgh says nearly all of a 516-page agreement for Highmark Inc. to take over the West Penn Allegheny Health System should be made public because nearly all the details have already been reported in the media anyway.
Test Outlined for Awarding Attorney Fees in Trade Secrets Cases
The Legal Intelligencer
Tuesday, January 3, 2012
A federal judge in Western Pennsylvania, in a case of first impression, adopted a California test to determine whether a party is owed attorney fees and costs for a misappropriation of trade secrets claim that is made in bad faith.
Justices Reject Suit Against Injury Site's Former Operator
The Legal Intelligencer
Tuesday, January 3, 2012
The state Supreme Court has decided that a pair of plaintiffs may not recover damages from the former operator of a steel plant under the Restatement (Second) of Torts for injuries they sustained on the premises six years after the company sold the plant.
HIPAA Doesn't Bar Disclosure of Nonparty Medical Records
The Legal Intelligencer
Tuesday, January 3, 2012
A senior care health facility is not protected by HIPAA from handing over patient medical information to the whistleblower who initiated a retaliation action against the company, an Allegheny County judge ruled.
Pellegrini Elected to Lead Commonwealth Court
The Legal Intelligencer
Tuesday, January 3, 2012
For Commonwealth Court Judge Dan Pellegrini, his upcoming role as president judge is largely about making life on the bench run as smoothly as possible for his eight co-judges.
A Few Explosions in an Otherwise Quiet Year for Justices
The Legal Intelligencer
Tuesday, January 3, 2012
In a year that brought just a handful of high-profile opinions from the state Supreme Court, one was especially vital to the legal profession and its client base.
Split Court Lets Emotional Distress Suit Stand
The Legal Intelligencer
Tuesday, January 3, 2012
Three justices of the state Supreme Court have said a mother may have a cause of action for negligent infliction of emotional distress after a doctor interpreted her ultrasound during pregnancy as normal and her child was subsequently born with birth defects.
Technology, Attorney Liability Drove Major 3rd Circuit Rulings
The Legal Intelligencer
Monday, January 2, 2012
Changes in technology, from social media to DNA testing to the changing role of media companies, fueled some of the most significant decisions from the 3rd U.S. Circuit Court of Appeals in 2011.
District Court Rulings Marked by Taxing of E-Discovery Costs
The Legal Intelligencer
Monday, January 2, 2012
The U.S. district courts located throughout Pennsylvania touched on a number of hot-button issues in 2011, with perhaps the most watched being a pair of rulings from opposite ends of the state that forced losing plaintiffs to pay hundreds of thousands of dollars in e-discovery costs.
State Employee Birth Dates Protected From Disclosure
The Legal Intelligencer
Thursday, December 29, 2011
In a case of first impression, a Pennsylvania Commonwealth Court panel has ruled that the month and day of birth of nearly 70,000 state employees are protected from disclosure under the state's Right-to-Know Law.
Intermediate Appeals Courts Focused on Technology Issues
The Legal Intelligencer
Thursday, December 29, 2011
The push for transparency and the continuing filtration of e-related issues into state courts drove a tech-focused year on Pennsylvania's intermediate appellate benches — both in written opinions issued and policy initiatives — and there was no sign of the trend slowing come the start of the new year.
3rd Circuit Affirms Convictions of Ft. Dix Conspirators
The Legal Intelligencer
Thursday, December 29, 2011
The 3rd U.S. Circuit Court of Appeals has upheld convictions of five radical Islamists on charges that they conspired to murder U.S. soldiers at Fort Dix in New Jersey.
Attorneys Don't Have to Share In Judgment Against Ex-Client
The Legal Intelligencer
Wednesday, December 28, 2011
Attorneys who represented a couple in a RICO suit against a Bucks County township are not partially liable for $3 million in damages against the couple after a subsequent law firm failed to file a response to the township's Dragonetti action, a federal judge in Philadelphia ruled.
Driller's Use of Private Roads Not a Burden on Residents
The Legal Intelligencer
Wednesday, December 28, 2011
An Allegheny County trial judge has ruled that a drilling company has not significantly burdened the residents along two private roads it used to transport equipment and oil and gas to a well.
Phila. Sign-Posting Ordinance Upheld
The Legal Intelligencer
Wednesday, December 28, 2011
A Philadelphia ordinance banning the posting of signs on city utility poles, traffic signals and trees is not unconstitutional, the 3rd U.S. Circuit Court of Appeals has decided.
Judge Rejects Arbitration in Real Estate Fraud Case
The Legal Intelligencer
Wednesday, December 28, 2011
A federal judge has rejected arbitration in a case in which the plaintiffs have an agreement to arbitrate with one defendant but not with several other defendants.
Subrogation Deductible Recovery May Be Prorated
The Legal Intelligencer
Tuesday, December 27, 2011
In a case of first impression, the state Supreme Court has ruled car insurers can prorate an insured's deductible when recouping expenses through subrogation from a third party at fault.
Traffic Court Judge Removed Over Alleged Lewd Photo
The Legal Intelligencer
Tuesday, December 27, 2011
In one of his first acts as administrative judge of Philadelphia Traffic Court, Common Pleas Court Judge Gary S. Glazer has removed Traffic Court Judge Willie Singletary from the bench.
Procedure Established for Raising Mental Retardation in Capital Cases
The Legal Intelligencer
Tuesday, December 27, 2011
The Pennsylvania Supreme Court has established a procedure for adjudicating whether a defendant facing the death penalty is mentally retarded and thus ineligible for execution.
Wettick Named to Hear FJD's Suit Against Rotwitt, Obermayer Firm
The Legal Intelligencer
Friday, December 23, 2011
The First Judicial District's legal malpractice action against Obermayer Rebmann Maxwell & Hippel got a judge on Thursday.
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