Court News
High Court Names Evers as the FJD's Court Administrator
The Legal Intelligencer
Monday, May 20, 2013
Little more than a month after Joseph Evers, prothonotary for the First Judicial District, was named the interim court administrator, the Pennsylvania Supreme Court has named him permanent court administrator.
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- Bernstein Upholds $78.4 Mil. Verdict in Phila. Med Mal Case
- New District Judge Takes Firm Line on Attorney Conduct
- Workplace Bullying: Managing the Organizational Playground
- Resentencing for Orie Melvin Ordered
- House Committee OKs Bills on Retirement Age, Traffic Court
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Third Circuit Rules Against Citgo in Case Over Oil Spill
The Legal Intelligencer
Monday, May 20, 2013
A multimillion-dollar case stemming from the 2004 oil spill in the Delaware River is being sent back to the district court by the U.S. Court of Appeals for the Third Circuit.
$8.9 Mil. Verdict Issued for Worker in Townhome Floor Collapse
The Legal Intelligencer
Monday, May 20, 2013
A Philadelphia jury awarded $8.9 million to a carpet installer who had to undergo three back surgeries after his leg broke through the floor of the townhome he was working in.
Low Turnout Expected for Judicial Primary Elections
The Legal Intelligencer
Monday, May 20, 2013
Tuesday's statewide primary election for the sole appellate court seat on the ballot is expected to generate low turnout, which will raise the importance of external factors, like other local races that might entice voters to the polls, and the "ground game" waged by local parties and candidates, political observers and judicial candidates told The Legal.
Third Circuit Rejects NLRB Recess Appointment
The Legal Intelligencer
Friday, May 17, 2013
Wading into the politically-charged waters of President Obama's recess appointments to the National Labor Relations Board, the U.S. Court of Appeals for the Third Circuit set narrow parameters for the definition of a Senate recess that would allow the president authority to make appointments.
Judges Weigh Delaware Court of Chancery's Arbitration Program
The Legal Intelligencer
Friday, May 17, 2013
Three judges of the U.S. Court of Appeals for the Third Circuit, asked to consider the constitutionality of the Delaware Court of Chancery's confidential arbitration program, focused at oral arguments Thursday on whether a 2009 statute enacted by the Delaware General Assembly gives the state's Chancery Court judges additional powers to conduct those sessions in private.
Federal Judge Certifies Classes in Kids-for-Cash Civil Suit
The Legal Intelligencer
Friday, May 17, 2013
A federal judge has certified two classes of juveniles and their parents in a suit following the "kids-for-cash" scandal in Luzerne County.
Judges Want Master to Develop Record in Retirement Age Case
The Legal Intelligencer
Thursday, May 16, 2013
Six plaintiffs challenging the mandatory retirement of judges in the year they turn 70 have asked the Pennsylvania Supreme Court to appoint a special master.
Streamlining Discovery Main Topic for Proposed Fed. Rule Changes
The Legal Intelligencer
Thursday, May 16, 2013
Less is more. That was the premise under which the committee recommending changes to the Federal Rules of Civil Procedure operated, said U.S. District Judge Gene E.K. Pratter of the Eastern District of Pennsylvania, who sits on that advisory committee. And that approach applies with particular force to discovery practice.
House Committee OKs Bills on Retirement Age, Traffic Court
The Legal Intelligencer
Wednesday, May 15, 2013
Three significant bills affecting the judiciary were approved by the House of Representatives Judiciary Committee on Tuesday morning, including a measure to raise the mandatory retirement age of judges from 70 to 75 and two that would eliminate the Philadelphia Traffic Court.
Judge Sentences Orie Melvin, Again
The Legal Intelligencer
Wednesday, May 15, 2013
Former Pennsylvania Supreme Court Justice Joan Orie Melvin must pay nearly $128,000 of her personal contributions to her retirement fund to cover fines, costs and restitution stemming from her conviction on public corruption charges.
Bad-Faith Claim Against State Farm Survives
The Legal Intelligencer
Wednesday, May 15, 2013
A bad-faith claim against State Farm Fire & Casualty Co. has survived a motion to dismiss in federal court.
Bernstein Upholds $78.4 Mil. Verdict in Phila. Med Mal Case
The Legal Intelligencer
Tuesday, May 14, 2013
In an apparent case of first impression, a Philadelphia judge, in upholding a $78.4 million medical malpractice verdict, has ruled that attorney fees must be based on the present value of the jury's future damages award, not the cost of an annuity, to satisfy the judgment for future medical costs.
New District Judge Takes Firm Line on Attorney Conduct
The Legal Intelligencer
Tuesday, May 14, 2013
One of the newly confirmed judges on the federal bench in the Middle District of Pennsylvania signaled in a recent opinion that he will have little tolerance for what he sees as disrespect to the court.
Is the Natural Gas Industry in Pa. Creating More Legal Work?
The Legal Intelligencer
Tuesday, May 14, 2013
While there is currently debate over whether the rise of the natural gas industry in Pennsylvania has created as many jobs as some had originally projected, there is little disagreement among attorneys and legal recruiters that there is, at the moment, plenty of legal work flowing from the drilling industry and, as a consequence, steady demand for oil and gas lawyers.
Allegheny Deputy Sheriffs Aren't Police Officers, Court Reasserts
The Legal Intelligencer
Tuesday, May 14, 2013
Deputy sheriffs from Allegheny County are not "police officers" for the purposes of collective bargaining under Pennsylvania's Act 111, the Commonwealth Court has ruled.
Insurers Can't Deny Coverage to Abuse Victims, Court Rules
The Legal Intelligencer
Tuesday, May 14, 2013
Insurance companies may not deny coverage to victims of domestic abuse under their policies' "intentional acts" provisions, the state Superior Court has ruled in a case of first impression.
Was UIM Carrier Prejudiced by Late Notice of 'Phantom' Vehicle?
The Legal Intelligencer
Tuesday, May 14, 2013
The state Supreme Court heard oral argument last week in a case over whether an insurer was prejudiced by an insured's failure to timely indicate that a "phantom" vehicle had been involved in an accident before making a claim for uninsured motorist benefits.
Criminal Antitrust Enforcement: A Review, a Look Ahead and a Change
The Legal Intelligencer
Tuesday, May 14, 2013
The Obama administration began its second term with a new leader, William J. Baer, heading up the Antitrust Division of the U.S. Department of Justice. At the recent ABA Antitrust Law Spring Meeting in Washington, D.C., Baer, along with other government prosecutors and private defense attorneys, reviewed developments over the last year and offered a look ahead. One development that may affect Pennsylvania in particular is the closing on January 30 of the division's Philadelphia field office after 65 years of service.
Commonwealth Court Reverses Award Against School District
The Legal Intelligencer
Tuesday, May 14, 2013
The Commonwealth Court has vacated a nearly $200,000 judgment, which included a penalty and attorney fees, against West Allegheny School District and in favor of a sheet metal subcontractor that had done work on a project to remodel West Allegheny High School.
High Court to Decide If Voir Dire Error Was Harmless
The Legal Intelligencer
Tuesday, May 14, 2013
The state Supreme Court has agreed to hear a case over whether a Philadelphia trial judge committed more than harmless error when she misapplied Pennsylvania criminal voir dire procedure by requiring a man to use peremptory challenges before exhausting his challenges for cause.
Supreme Court Takes Control of Third Judicial Retirement Suit
The Legal Intelligencer
Monday, May 13, 2013
The Pennsylvania Supreme Court has assumed jurisdiction over the third state-court lawsuit challenging the constitutionality of requiring judges to retire in the year they turn 70.
'Shaming' Order for Orie Melvin May Not Be Enforceable
The Legal Intelligencer
Monday, May 13, 2013
The sentence handed down by Allegheny County Court of Common Pleas Judge Lester Nauhaus last week to Joan Orie Melvin likely was meant to humiliate the former Pennsylvania Supreme Court justice.
Pittsburgh Restaurant Agrees to Pay $15.5 Mil. to Settle Dram Shop Case
The Legal Intelligencer
Monday, May 13, 2013
The family of a 7-year-old girl who was killed by a drunken driver has reached a $15.6 million settlement with the driver's insurer and the Hofbrauhaus restaurant in Pittsburgh, where the driver had been served just prior to the accident.
Resentencing for Orie Melvin Ordered
The Legal Intelligencer
Monday, May 13, 2013
Allegheny County Court of Common Pleas Judge Lester G. Nauhaus has ordered that former Pennsylvania Supreme Court Justice Joan Orie Melvin be resentenced.
Harrisburg SEC Case Serves as a Cautionary Tale for Cities
The Legal Intelligencer
Friday, May 10, 2013
Municipalities aren't the sophisticated issuers of securities their corporate counterparts may be, but that doesn't give them a pass under the law.
In High Court Argument, Wal-Mart Attacks $187.6 Mil. Class Action
The Legal Intelligencer
Friday, May 10, 2013
As retail titan Wal-Mart seeks to overturn a $187.6 million class action, one of the Pennsylvania Supreme Court justices hearing oral arguments Wednesday in Harrisburg questioned how the class of employees could have proven its case without using the company's payroll records.
Religious School Can Bring Lawsuit Against Obamacare
The Legal Intelligencer
Friday, May 10, 2013
As a Christian college in Western Pennsylvania faces a deadline for committing to a student health-insurance plan for the coming academic year, a federal judge has agreed to revive its case challenging Obamacare.
Second Plan for Redistricting OK'd By Supreme Court
The Legal Intelligencer
Thursday, May 9, 2013
The Pennsylvania Supreme Court has unanimously dismissed several constitutional challenges to the state Legislative Reapportionment Commission's second set of legislative districts, approving new district boundaries for state elections from 2014 to 2020.
Pa. Justices Hear Challenges to Mandatory Judicial Retirement
The Legal Intelligencer
Thursday, May 9, 2013
Even though the Pennsylvania Constitution requires judges to retire in the year that they turn 70, the provision violates judges' fundamental rights, an attorney argued before the state Supreme Court on Wednesday.
High Swartz May Not Have to Give Back Attorney Fees
The Legal Intelligencer
Thursday, May 9, 2013
The state Superior Court has ruled that Norristown, Pa.-based High Swartz may owe back some, but not all, of the nearly $109,000 in attorney fees it billed over and above the $75,000 flat fee agreement it had entered into with clients in an estate matter.
Copyright 'Mini Trial' Slated for Fed. Court
The Legal Intelligencer
Thursday, May 9, 2013
In an effort to determine the proper scope of discovery in a large-scale copyright case, a federal judge is scheduling what he termed a "mini trial."
Ex-Justice Orie Melvin Gets House Arrest, Not Prison Time
The Legal Intelligencer
Wednesday, May 8, 2013
The judge who sentenced former Pennsylvania Supreme Court Justice Joan Orie Melvin for her conviction on political corruption charges fashioned an unusual punishment Tuesday, sentencing the former jurist to three years of house arrest and ordering her to send a picture of herself with an apology written on it to every member of the Pennsylvania judiciary.
Putative Class Action Against Citizens Bank Survives
The Legal Intelligencer
Wednesday, May 8, 2013
A proposed class action lawsuit alleging Citizens Bank violated the Electronic Fund Transfer Act has survived a motion to dismiss in federal court.
$80 Mil. Pharma Verdicts Argued Before High Court
The Legal Intelligencer
Wednesday, May 8, 2013
The state Supreme Court waded through lengthy arguments Tuesday in a case in which the state of Pennsylvania has alleged two pharmaceutical companies inflated the price of their drugs at the government's expense.
Penn State Says Letting Go of McQueary Was 'Legitimate'
The Legal Intelligencer
Wednesday, May 8, 2013
Penn State has denied it fired former assistant football coach Mike McQueary over his testimony against former university officials related to their response to the Jerry Sandusky sex-abuse scandal.
Federal Judge Upholds IP Firm's $400K Win Against Ex-Client
The Legal Intelligencer
Monday, May 6, 2013
A default judgment entered against a corporation that owes more than $400,000 to its former law firm still stands, a federal judge has ruled.
When Should Predictive Coding Be Compulsory?
The Legal Intelligencer
Tuesday, May 7, 2013
In Da Silva Moore v. Publicis Groupe, affirmed, 2012 U.S.Dist. LEXIS 58742 (2012), a much-written-about opinion, Magistrate Judge Andrew Peck, a jurist highly regarded for his knowledge of e-discovery, held that a party could be compelled to use predictive coding, over objections as to its reliability, to review electronically stored information for discovery production.
Justices to Mull Whether Jury May Decide Employment Status
The Legal Intelligencer
Tuesday, May 7, 2013
The state Supreme Court has granted allocatur in a case that promises to have lasting effects on Pennsylvania's statutory employer law, following a divided state Superior Court's decision affirming a $1.5 million judgment entered in favor of an injured worker who was pinned under a scissor lift while repairing the ceiling of a Bucks County church.
Judge Denies Facebook Discovery Malpractice Case
The Legal Intelligencer
Tuesday, May 7, 2013
In the most recent of a growing body of opinions on social media discovery in Pennsylvania trial courts, a Lackawanna County judge has denied a husband and wife's motion to compel the Facebook username and password of a paralegal working for a title insurance company the couple is suing.
Justices OK Employer's Third-Party Claims Waiver
The Legal Intelligencer
Tuesday, May 7, 2013
A disclaimer in which workers for a security company waived any right to sue their employer's third-party clients can stand, the state Supreme Court has ruled.
Concern Over Judicial Authority Drove Parent Coordinator Elimination
The Legal Intelligencer
Tuesday, May 7, 2013
To many family law practitioners, the Pennsylvania Supreme Court's decision to eliminate parenting coordinators in custody matters was a reasonable measure to keep decision-making in the purview of the state's judges.
Rules for Alleging Federal Judicial Misconduct Scrutinized
The Legal Intelligencer
Monday, May 6, 2013
Five years after they were rolled out, the rules about the way complaints against federal judges are handled are under review.
Replacement for Orie Melvin Not Likely to Emerge Anytime Soon
The Legal Intelligencer
Monday, May 6, 2013
According to knowledgeable sources in the Pennsylvania legal community, Governor Tom Corbett has not yet made any moves to fill the vacancy on the Pennsylvania Supreme Court even though former Justice Joan Orie Melvin's resignation became official last Wednesday and the former justice is set to be sentenced for political corruption Tuesday.
Pa. Supreme Court to Mull Speakerphone Wiretap Act Case
The Legal Intelligencer
Friday, May 3, 2013
The state Supreme Court has agreed to hear arguments over whether a state trooper violated the state Wiretapping and Electronic Surveillance Control Act when he listened in while an informant set up a drug deal with the defendant on speakerphone.
Judge OKs Claims Of Strict Liability Against Drugmaker
The Legal Intelligencer
Friday, May 3, 2013
A federal judge in the Middle District of Pennsylvania has joined a counterpart in the Eastern District in opening a window for plaintiffs to make a claim for strict liability against prescription drugmakers on a manufacturing defect theory.
Judge Rules Generic, Brand-Name Drugs Must List Same Warnings
The Legal Intelligencer
Thursday, May 2, 2013
An Allegheny County judge has ruled that the "different manufacturers exception" to 21 U.S.C. Section 355(j)(2)(A)(v), which permits a generic drugmaker's warning label to deviate from the brand-name manufacturer's label in certain respects, does not allow generic manufacturers to include warnings that are not also disclosed on the brand-name equivalent's label.
Rail Safety Law Doesn't Pre-empt Common Law Damage Claims, Panel Rules
The Legal Intelligencer
Thursday, May 2, 2013
A divided panel of the U.S. Court of Appeals for the Third Circuit has ruled that the Federal Railroad Safety Act doesn't pre-empt the common law claims brought by a Delaware County mall against railroad giant CSX.
Shareholder-Director Not Employee Under Title VII, Court Rules
The Legal Intelligencer
Wednesday, May 1, 2013
The U.S. Court of Appeals for the Third Circuit adopted a test set out by the U.S. Supreme Court to determine whether or not a person is an employee of a professional corporation for the purposes of the Americans with Disabilities Act to the same determination for a Title VII claim against a closely-held company.
Child Endangerment Law Doesn't Apply, Attorneys for Lynn Argue
The Legal Intelligencer
Wednesday, May 1, 2013
The lawyers for the first Catholic Church official charged with endangering the welfare of children abused by other priests argued in court papers that the trial judge refused to address the defense argument that Pennsylvania's law criminalizing endangerment of the welfare of children did not apply in the case.
Shareholder-Director Not Employee Under Title VII, Court Rules
The Legal Intelligencer
Wednesday, May 1, 2013
The U.S. Court of Appeals for the Third Circuit adopted a test set out by the U.S. Supreme Court to determine whether or not a person is an employee of a professional corporation for the purposes of the Americans with Disabilities Act to the same determination for a Title VII claim against a closely held company.
Arbitration Clause Is Questioned in Malpractice Case
The Legal Intelligencer
Tuesday, April 30, 2013
A novel legal issue involving arbitration clauses in engagement letters arose in federal court in Philadelphia on Monday as a judge weighed whether to send a legal malpractice case against Bracewell & Giuliani to arbitration in New York.
Flora amends suit for more PD funds
The Associated Press
Tuesday, April 30, 2013
WILKES-BARRE, Pa. (AP) ? Defenses by Luzerne County Public Defender's Office of three men separately charged with firearm offenses, burglary and sexually assaulting a child will be inadequate due to excessive caseloads, understaffing and lack of resources, according to an amended class action lawsuit filed in county court Friday.
Judge Has Harsh Words for Long Wait in Slip-and-Fall Settlement
The Legal Intelligencer
Tuesday, April 30, 2013
Although he was compelled to rule in defendants' favor, a federal judge skewered them for letting nearly a year pass since they settled a case without providing a release to the 86-year-old plaintiff in a slip-and-fall personal injury case.
Constitutionality of Venue Rule Over Out-of-State Doctor Upheld
The Legal Intelligencer
Tuesday, April 30, 2013
In an apparent case of first impression, a Philadelphia judge has held that a venue rule that allows for out-of-state doctors to be sued in any county in Pennsylvania is constitutional.
Lawsuits challenging Heinz takeover dismissed
The Associated Press
Tuesday, April 30, 2013
PITTSBURGH, Pa. (AP) - Seven shareholder lawsuits over the proposed $28 billion takeover of H.J. Heinz were dismissed Monday, clearing one of the final hurdles to the sale of a company that has been a Pittsburgh fixture since 1859.
Constables Can't Get Government Plates Under Vehicle Code
The Legal Intelligencer
Tuesday, April 30, 2013
An elected constable is not a governmental or quasi-governmental official under the state's Vehicle Code, the Commonwealth Court has ruled in an issue of first impression.
Judge Grants Immunity to City Officials in Demolition Case
The Legal Intelligencer
Tuesday, April 30, 2013
A federal judge has granted qualified immunity to two Scranton officials who allegedly failed to provide notice to the owner of a commercial property before the property was demolished, reasoning that the law is unclear as to whether the officials had a duty to check public records to determine whether ownership of the property had changed hands at a tax sale during the lengthy gap between the time that the property was scheduled for demolition and the time it was actually demolished.
Should Task Force Change Power of Attorney Process?
The Legal Intelligencer
Tuesday, April 30, 2013
For many attorneys who practice estate planning and elder law, the process of assigning a person power of attorney when his or her elder relative has become incapable of making decisions is the cheapest and most practical course of conduct.
Two Recent Suits Display Scope of Gas Lease Litigation
The Legal Intelligencer
Tuesday, April 30, 2013
Two complaints recently filed in the U.S. District Court for the Western District of Pennsylvania serve as examples of the wide scope of gas lease-related litigation coming out of the state's natural gas plays.
Philadelphia Traffic Court Judge Argues Against Suspension
The Legal Intelligencer
Monday, April 29, 2013
The only Philadelphia Traffic Court judge not to have been indicted in a recent federal prosecution of alleged ticket-fixing said in a court filing that she cooperated with an internal probe of the matter and should not be suspended.
Medicare Part D Qui Tam Lawsuit on Track for Discovery
The Legal Intelligencer
Monday, April 29, 2013
As a qui tam suit alleging fraud against one of the biggest private contractors for the multibillion-dollar Medicare Part D prescription-drug program heads toward discovery, a federal judge has defined the parameters for the discovery process.
Client Identities, Legal Bills Can Be Disclosed, High Court Says
The Legal Intelligencer
Friday, April 26, 2013
Client identities do not enjoy blanket attorney-client privilege protection under Pennsylvania's Right-to-Know Law, the state Supreme Court has ruled.
Sanctions Hearing Bid by Citibank OK'd
The Legal Intelligencer
Friday, April 26, 2013
A federal judge has ordered a hearing to consider possible entry of sanctions against the lawyers who represented a pair of plaintiffs in their suit against Citibank after they lost several hundred thousand dollars by agreeing to a loan that was backed by counterfeit Citibank documents.
Pa. Justices Rule Shale, Natural Gas Are Not Minerals
The Legal Intelligencer
Friday, April 26, 2013
The state Supreme Court has decided there is no need for a scientific debate over whether shale and the natural gas contained within it fall under the definition of "minerals" for the purposes of deed reservations.
Documentary on Philadelphia Senior Judges Premieres
The Legal Intelligencer
Friday, April 26, 2013
The portraits hang in courtrooms all throughout the city, but no one remembers just exactly who the judges portrayed within the gilded frames are.
Suspended Traffic Ct. Judge's Co-defendant Pleads Guilty to Fraud
The Legal Intelligencer
Thursday, April 25, 2013
The co-defendant of a suspended Philadelphia Traffic Court judge pled guilty in federal court Wednesday to 37 separate charges related to a scheme to defraud the state Department of Community and Economic Development out of state grant funds awarded to nonprofits.
Phila. Judge Issues Opinion in Priest Sex-Abuse Appeal
The Legal Intelligencer
Thursday, April 25, 2013
The Philadelphia judge who presided over the first trial in the country of a Catholic Church official charged with endangering the welfare of children abused by other priests said that it was necessary to admit into evidence several unconnected files of sexually abusive priests so the jury could decide if the defendant had disregarded the danger posed by abusive priests.
Judge OKs Citibank's Bid for Sanctions Hearing
The Legal Intelligencer
Wednesday, April 24, 2013
A federal judge has ordered a hearing to consider sanctions against the lawyers who represented a pair of plaintiffs in their suit against Citibank after they lost several thousand dollars by agreeing to a loan that was backed by counterfeit Citibank documents.
Consol Energy Agrees to Pay $36 Mil. to Pa. to Settle Mining Damage Claim
The Legal Intelligencer
Thursday, April 25, 2013
The Pennsylvania Department of Conservation and Natural Resources has reached a $36 million settlement with Consol Energy over claims the company's coal mining caused structural damage that required a lake to be drained at a nearby state park.
K&L Gates' Appeal of Le-Nature's Trustee $500 Mil. Suit Denied
The Legal Intelligencer
Thursday, April 25, 2013
The Pennsylvania Supreme Court has declined to take a case in which K&L Gates was appealing the reinstatement of a $500 million lawsuit against the firm by the trustee of bankrupt bottling company Le-Nature's.
Justices to Mull Venue Change in Suit Against Harrisburg Firm
The Legal Intelligencer
Wednesday, April 24, 2013
The state Supreme Court has agreed to hear arguments on whether a suit against Harrisburg law firm Keefer Wood Allen & Rahal and other defendants should be moved from Philadelphia to Dauphin County, where eight key witnesses are located.
Settlement Terms Off Limits to Remaining Defendants in MDL
The Legal Intelligencer
Wednesday, April 24, 2013
A confidential settlement agreement between a large-scale window manufacturer and a flat glass producer is not discoverable by the remaining defendants in the multidistrict litigation case alleging price-fixing among makers of flat glass, a federal judge in Pittsburgh has ruled.
Superior Court Rejects Mistrial in Heated Asbestos Case
The Legal Intelligencer
Thursday, April 18, 2013
The Pennsylvania Superior Court has ruled that a trial judge did not have jurisdiction to order a mistrial in a hotly contested asbestos case.
Funding Increases Sought for Philadelphia's Justice System
The Legal Intelligencer
Tuesday, April 23, 2013
Without an increase of $2 million in funding, Philadelphia District Attorney Seth Williams said that his office will have to eliminate two hallmarks of his tenure: two programs that divert from the criminal justice system low-level offenders charged with misdemeanors or possession of small amounts of marijuana.
Is Waiver Being Fairly Applied to Pennsylvania Appeals?
The Legal Intelligencer
Tuesday, April 23, 2013
It is no secret that some Pennsylvania attorneys have viewed the state Superior Court as having an itchy trigger finger when it comes to using waiver to shoot down appeals.
Citizens Bank Wins FLSA Jury Verdict in Western District
The Legal Intelligencer
Tuesday, April 23, 2013
Citizens Bank dodged a multimillion-dollar bullet when a federal jury in Pittsburgh agreed with its designation of assistant branch managers as salaried employees not eligible for overtime compensation under the Fair Labor Standards Act.
Jim Thorpe's Remains Must Be Returned To His Family
The Legal Intelligencer
Monday, April 22, 2013
The remains of legendary athlete Jim Thorpe, whose burial nearly 60 years ago in Northeastern Pennsylvania created the borough of Jim Thorpe, must be returned to his family under the Native American Graves Protection and Repatriation Act, a federal judge in U.S. District Court for the Middle District of Pennsylvania has ruled.
Medical Expenses, Wage Loss Not Allowed in UIM Case
The Legal Intelligencer
Tuesday, April 23, 2013
A Pennsylvania man injured in a car accident in North Carolina may not submit evidence of his medical bills and wage losses during the trial of a UIM claim he filed against his insurer, a federal judge has ruled.
Man Settles for $7.9 Mil. After Arms Crushed by Baler at Work
The Legal Intelligencer
Monday, April 22, 2013
A man whose arms were crushed by a cardboard baler while working at Acme has reached a combined $7.9 million settlement with the manufacturer, service technician and replacement part provider of the equipment.
America Invents Act Shifts to 'First to File' System
The Legal Intelligencer
Tuesday, April 23, 2013
The America Invents Act (AIA) is patent reform legislation that has been enacted in a series of steps.
Defamation Statute of Limitations Sinks Tortious Interference Claim
The Legal Intelligencer
Tuesday, April 23, 2013
A Pennsylvania man's defamation claim against medical providers tasked with physically evaluating him for a truck-driving job appears to have sunken his claim for tortious interference against the medical defendants.
Judge Tosses Out Landowner's Lease Suit Against Drillers
The Legal Intelligencer
Tuesday, April 23, 2013
A federal judge has tossed a landowner's suit against two drillers, including a subsidiary of Royal Dutch Shell, saying the landowner failed to prove that the companies do not possess a valid oil and gas lease.
Justices Agree to Eye Pathological Parent-Child Bonds
The Legal Intelligencer
Tuesday, April 23, 2013
The state Supreme Court has agreed to take up a case involving whether parental rights should be terminated under the state Adoption Act of 1980 when a pathological bond exists between a child and a parent.
Lawyer's illness delays Philly abortion trial
The Associated Press
Monday, April 22, 2013
PHILADELPHIA (AP) - A defense lawyer has fallen ill, causing a delay in the murder trial of Philadelphia abortion provider Kermit Gosnell.
Insurers Win Remand to State Court in Avandia Subrogation Suit
The Legal Intelligencer
Monday, April 22, 2013
Two health insurers have won — at least temporarily — a bid to remand to state court their lawsuits against GlaxoSmithKline seeking reimbursement for the coverage they provided for their insureds who were injured by the drugmaker's Avandia diabetes drug and Paxil antidepressant drug.
For-Profit Employers Ruled Exempt From Obamacare Mandate
The Legal Intelligencer
Monday, April 22, 2013
A federal judge in Pittsburgh has ruled that, at least for the time being, two for-profit companies whose owners have strong Catholic beliefs are exempt from complying with the Patient Protection and Affordable Care Act's mandate that employers must provide coverage for abortifacient products and contraceptives, sterilization procedures and reproductive education and counseling for women.
In Auto Case, Delco Jury Awards Seven Figures to Woman
The Legal Intelligencer
Friday, April 19, 2013
A Delaware County jury has awarded a $1.35 million verdict to a woman who was injured in a side impact collision at an intersection by a driver she claimed had turned too wide and had been driving too fast.
Testing Patent Rule's Boundaries Doesn't Warrant Fee Sanctions
The Legal Intelligencer
Friday, April 19, 2013
A patent infringement plaintiff was allowed to test the limits of local patent rules, even if unsuccessful, a federal judge in Pittsburgh has ruled in denying defendant Nintendo's motion for attorney fees.
Lawmakers Eye Bill to Raise Judges' Retirement Age to 75
The Legal Intelligencer
Friday, April 19, 2013
The mandatory retirement age of Pennsylvania judges should be raised to 75, but it should not be eliminated altogether, Duquesne University School of Law Dean Kenneth G. Gormley told a state House of Representatives committee Thursday.
York City School Board Approves Settlement Agreement in Three Lawsuits
The Associated Press
Thursday, April 18, 2013
YORK, PA. (AP) - The York City School Board has approved settlement agreements with three companies involved in lawsuits with the district over William Penn Senior High School's renovation project.
McQueary Defamation Suit Against PSU Survives P.O.s
The Legal Intelligencer
Wednesday, April 17, 2013
A lawsuit former Penn State assistant football coach Mike McQueary filed against Penn State for defamation and other claims in the fallout from the Jerry Sandusky sex-abuse scandal has survived preliminary objections.
U.S. Supreme Court Reverses 3rd Circuit 5-4 in FLSA Case
The Legal Intelligencer
Wednesday, April 17, 2013
When the individual claim of the lead plaintiff in an FLSA collective action becomes moot pre-class certification, so too do those of the class, the U.S. Supreme Court ruled in a decision reversing the U.S. Court of Appeals for the Third Circuit.
Marshals' Report Recommended Increase in Del. Capitol Police
The Legal Intelligencer
Wednesday, April 17, 2013
A heavily-redacted copy of the 2012 U.S. Marshals Service's security review of the New Castle County Courthouse in Wilmington, Del., rated the building's security as "good," but implied that the number of Capitol Police patrolling the building was insufficient and lacked details about the arrangement of the lobby where the February 11 shooting occurred.
Fed. Judge Takes Early Ax to ADA Class Claims Against Wendy's
The Legal Intelligencer
Tuesday, April 16, 2013
A federal judge in Pittsburgh struck a plaintiff's class claims against Wendy's International before the class certification stage, finding questions of whether each plaintiff falls under the Americans with Disabilities Act defeats the commonality and typicality requirements for class certification.
Criminal Forfeiture Must Be Prefaced by Alert to Jury Trial Right
The Legal Intelligencer
Tuesday, April 16, 2013
A party facing the forfeiture of his or her home for underlying drug activity, like a criminal defendant, must first be advised of the right to a trial by jury, the Commonwealth Court has ruled.
Justices Mull Discovery Rule's Impact When Defendant Is Unknown
The Legal Intelligencer
Tuesday, April 16, 2013
At oral argument last week looking at when the statute of limitations should toll in a medical malpractice case where there are many possible causes of injury and the proper defendant can't be readily identified, perhaps it was Pennsylvania Supreme Court Justice Max Baer who spoke most succinctly:
Cert Denial in Subrogation Case Could Complicate Mass Torts
The Legal Intelligencer
Tuesday, April 16, 2013
The U.S. Supreme Court has denied certiorari from a U.S. Court of Appeals for the Third Circuit decision that private insurers that provide Medicare benefits have the right to recover, just as the federal government does, from GlaxoSmithKline for expenses incurred for injuries consumers have suffered by taking the drugmaker's Avandia diabetes drug.
Federal Court Refuses to Toss Bank of America Class Action
The Legal Intelligencer
Monday, April 15, 2013
A federal judge has refused to dismiss a class action suit against Bank of America, its home loan and reinsurance subsidiaries and a number of private mortgage insurers, instead directing the parties to develop a record on the issue of whether the statute of limitations should be equitably tolled based on the plaintiffs' claims that the defendants allegedly engaged in a scheme to use mortgage insurance premiums to fund illegal kickbacks to lenders.
