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Court News
Open Door Not Grounds for Search, Superior Court Rules
The Legal Intelligencer
Tuesday, November 17, 2009
A home's open door on a stormy spring evening was not an invitation for police to search the premises, the state Superior Court has ruled.
Impact of E-mails Hard to Weigh in Harassment Case
The Legal Intelligencer
Tuesday, November 17, 2009
The recent verdict in Seybert v. International Group Inc., a sexual harassment and retaliation case, was swift and simple. The jury foreman just said "no" three times.
Justices Agree to Hear Dentist's Cross-Appeal in $4 Mil. Case
The Legal Intelligencer
Tuesday, November 17, 2009
A second appeal over a $4 million jury verdict awarded to a former University of Pennsylvania dentist will be heard now that the state Supreme Court granted a cross-petition for allocatur filed by the dentist against the university.
A U-Turn to Avoid Regulatory Roadblocks
The Legal Intelligencer
Monday, November 16, 2009
Just as signs of life are emerging from the deal market with credit thawing and companies peeking out from their protective shells, word came two weeks ago that one deal was thwarted over additional requests from the Federal Trade Commission.
Superior Court Upholds Venue Clause in Insurance Policy
The Legal Intelligencer
Friday, November 13, 2009
In the latest opinion to map the post-Koken world of auto insurance litigation, the Superior Court has upheld an insurance policy's venue clause requiring a consumer to file suit in the county in which he or she lives.
Federal Jury Awards Scientists $6.2 Mil. in Age Discrimination Suit
The Legal Intelligencer
Thursday, November 12, 2009
A federal jury on Tuesday awarded more than $6.2 million in an age discrimination suit brought by two scientists who said they were fired from their jobs at a Chester County chemical manufacturing firm when the company targeted only older workers in layoffs in 2005.
Untimely Parental Rights Appeals Aren't Automatically Waived
The Legal Intelligencer
Thursday, November 12, 2009
Untimely appeals of court orders terminating parental rights aren't automatically waived under a new rule regime that expedites appeals in some family court cases, the state Superior Court has ruled in two recent cases.
Sex With Informant Voids Prostitution Case
The Legal Intelligencer
Monday, November 9, 2009
In a case of first impression, the state Superior Court ruled last week that Pennsylvania state troopers committed "outrageous government conduct" when investigating alleged prostitution at a massage parlor in the Lehigh Valley by giving money to an undercover informant to have sex four times with two different women at the parlor.
Manufacturer, Sandwich Shop 'Steak' Claims to Trade Names
The Legal Intelligencer
Monday, November 9, 2009
In a trademark battle over the naming rights for cheesesteak companies, a federal judge declared that he has no beef with the plaintiff for including paragraphs in the suit that clearly referred to pre-litigation settlement talks.
Ex-Truck Driver Receives $3.4 Mil. Settlement for Highway Accident
The Legal Intelligencer
Friday, November 6, 2009
After truck driver James Schramm dove under his tractor-trailer to avoid being hit by another trucker's rig, his leg was dragged over asphalt and over sheet metal that flew off the other trucker's rig.
City to Pay $5.9 Mil. to Settle Strip-Search Claims
The Legal Intelligencer
Friday, November 6, 2009
A federal judge has approved a $5.9 million settlement in the civil rights suit challenging Philadelphia's blanket policy of strip-searching every person admitted into the city's prison system.
Sexual Abuse Suit Against Lawyer Survives Motion to Dismiss
The Legal Intelligencer
Thursday, November 5, 2009
A Chester County lawyer who heads an international arts foundation has been accused in a civil lawsuit of sexually abusing a Russian boy whose ballet career he was supporting and allegedly using the threat of cutting off the boy's funding to keep the sexual relationship going from the time the boy was 12 until he was 17.
Off-Duty Cop Was Not on Duty When Shot, Court Says
The Legal Intelligencer
Wednesday, November 4, 2009
The Commonwealth Court has affirmed the denial of workers' compensation benefits for an off-duty Philadelphia Housing Authority police officer who claimed he was taking official police action when he was injured in a bar fight.
News in Brief
3rd Circuit: Pittsburgh Abortion Protest Rules Unconstitutional
The Legal Intelligencer
Monday, November 2, 2009
Abortion protesters won a significant court victory Friday when the 3rd U.S. Circuit Court of Appeals ruled that an ordinance passed in 2006 by the city of Pittsburgh is likely to impose too heavy a burden on the protesters' free speech rights.
Retaliation Claim at Center Stage in Harassment Case
The Legal Intelligencer
Tuesday, November 3, 2009
As sexual harassment cases go, Seybert v. International Group Inc. doesn't have especially shocking allegations, but the trial that began in U.S. District Court on Monday could nonetheless prove to be legally significant for several reasons.
3rd Circuit Refuses to Decertify Class in Securities Case
The Legal Intelligencer
Monday, November 2, 2009
Chalk up a win for the plaintiffs in the once-again bubbling area of class action certification standards now that the 3rd U.S. Circuit Court of Appeals has refused to decertify a class of investors who claim there were significant misstatements made in the initial public offering of stock for Constar International.
Probation Conditions Can't Include Confinement, Court Rules
The Legal Intelligencer
Thursday, October 29, 2009
The Superior Court has ruled in a case of first impression that imposing "total confinement" as a condition of probation violates the Pennsylvania Sentencing Code.
Justices: Second DUI Arrest Can Be First Offense
The Legal Intelligencer
Thursday, October 29, 2009
A man who was arrested twice in 90 minutes for drunken driving could not be sentenced as a repeat offender, the state Supreme Court has ruled.
3rd Circuit Revives Class Action Suit Against Countrywide
The Legal Intelligencer
Thursday, October 29, 2009
In a huge setback for Countrywide Financial Corp., a federal appeals court has revived a national class action brought by homebuyers who accused the lender of concocting a kickback scheme in which buyers were required to purchase mortgage insurance from one of a handful of companies that in turn took out reinsurance policies from one of Countrywide's wholly owned subsidiaries.
