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Court News
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.
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.
Securities Litigation Against NutriSystem Is Thrown Out
The Legal Intelligencer
Wednesday, October 28, 2009
The team of lawyers from Morgan Lewis who defended NutriSystem Inc. in a spate of securities fraud suits can claim a complete victory now that a federal judge has dismissed a pair of derivative suits.
Judge Rules eBay Can Name Forum in Contract With Users
The Legal Intelligencer
Tuesday, October 27, 2009
If you plan to sue eBay Inc., you'd better know the way to San Jose. In a growing trend, federal judges are enforcing the "forum selection clause" in eBay's standard user agreement, which calls for any dispute between eBay and its users to be resolved through a court action filed in Santa Clara County, Calif.
Justices Mull What to Do Without Police Informant's History
The Legal Intelligencer
Tuesday, October 27, 2009
A confidential informant's identity might be equal to that of an anonymous tipster for a suppression court judge, but their histories are what set them apart, a Philadelphia assistant district attorney told the state Supreme Court during oral arguments Wednesday.
Court: Federal Program Can Stand in Place of Victim
The Legal Intelligencer
Monday, October 26, 2009
A unanimous state Supreme Court has ruled that Medicare is entitled to restitution for covering an assault victims' medical bills, even when it pays the medical provider directly.
Harassment Plaintiff's E-Mails Admissible, Judge Rules
The Legal Intelligencer
Friday, October 23, 2009
A plaintiff in a hostile work environment case who claims that her boss's sexual innuendo was offensive and humiliating cannot block the jury from hearing about the dirty jokes found on her own workplace computer, a federal judge has ruled.
Justices Expand Claims for Group of Asbestos Plaintiffs
The Legal Intelligencer
Friday, October 23, 2009
Asbestos plaintiffs secured a victory in the state Supreme Court Wednesday that allowed them to bring subsequent suits once cancer develops even if they've already collected for prior asbestos-related illnesses.
High Court Considers SPCA's Claim of Immunity
The Legal Intelligencer
Wednesday, October 21, 2009
The state Supreme Court heard oral arguments Tuesday as to whether the Society for the Prevention of Cruelty to Animals of Pennsylvania is entitled to immunity -- and, if so, whether it is sovereign or governmental immunity -- in a roller coaster of a case that began with allegations that the organization wrongfully euthanized 12 dogs found in a Philadelphia woman's home.
Must PCRA Counsel Respond to Pro Se Ineffectiveness Claims?
The Legal Intelligencer
Wednesday, October 21, 2009
The state Supreme Court has granted allocatur in Commonwealth v. Jette to decide whether the Superior Court can require a court-appointed PCRA counsel to file a petition for remand to address claims of ineffectiveness asserted in a pro se petition for remand filed by his or her current client.
Order for New Trial in Legal Malpractice Case Appealed
The Legal Intelligencer
Tuesday, October 20, 2009
A Philadelphia judge has asked the Superior Court to uphold his decision calling for a new trial in a legal malpractice case where a jury found a lawyer was not negligent when that lawyer did not start arbitration in a federal contract case for almost two years.
Man Strikes $2.2 Million Settlement in Berks Products Case
The Legal Intelligencer
Monday, October 19, 2009
A Schuylkill County man, whose torso was trapped and part of his digestive system cut by a machine that stacks coils of copper tubing in a Reading, Pa., copper factory, has reached a $2.2 million settlement with the Austrian manufacturer of the machinery, according to a copy of the settlement release.
Gaming Highlights Supreme Court Argument Session
The Legal Intelligencer
Monday, October 19, 2009
When the state Supreme Court convenes in Philadelphia this week, the justices will be casting their eyes toward issues of sovereign and governmental immunity, government contracting and expert testimony.
3rd Circuit Rejects Challenge by Animal Rights Activists
The Legal Intelligencer
Friday, October 16, 2009
The First Amendment does not insulate animal rights activists from criminal liability when they use an Internet Web site to orchestrate a campaign of harassment, cyberattacks, vandalism and destruction of property, the 3rd U.S. Circuit Court of Appeals has ruled.
Paxil Verdict Could Be Indication for Cases in Pipeline
The Legal Intelligencer
Friday, October 16, 2009
A $2.5 million plaintiff's verdict in the first case to go to trial in Philadelphia over whether the use of antidepressant Paxil causes birth defects is being viewed by the plaintiffs mass torts bar as a leading indicator of the strength of more than 600 similar cases.
Judge, Rejecting Exclusions, Orders Insurer to Pay
The Legal Intelligencer
Thursday, October 15, 2009
In a case that demonstrated the tightrope walk between what is and what is not covered by property insurance, a Philadelphia trial judge has ordered an insurer to provide coverage for damages to a Fort Washington, Pa., commercial building caused by a dislodged pipe.
Judge Rejects Class Certification in Suit Against Rite Aid
The Legal Intelligencer
Monday, October 12, 2009
Chalk up a win for Rite Aid, the nation's third-largest chain of drugstores, now that its lawyers have persuaded a federal judge to toss out a proposed consumer class action brought by anyone who has unwittingly purchased an "expired" product.
