The Legal Intelligencer   |  Tuesday, May 21, 2013

Citing voluminous filings and a preference for airing controversial issues - such as balancing free speech with discouraging child pornography - in an "open courtroom," a federal judge has denied summary judgment to both sides of a case testing federal regulation of pornographic filmmakers.

The Legal Intelligencer   |  Tuesday, May 21, 2013

Recent news that the Pennsylvania Turnpike Commission is looking to raise $200 million through a U.S. immigration program that gives foreign investors green cards for their investments has some questioning whether the deal gives immigrants easy access to permanent residency.

The Legal Intelligencer   |  Tuesday, May 21, 2013

Granting limited discovery in a social media dispute, a Lancaster County judge has ordered the parties in a personal injury case to hire a "neutral forensic computer expert" to review the plaintiff's private Facebook page during a 17-day window in which the defendants claim the woman alleging injuries was photographed playing in the snow.

The Legal Intelligencer   |  Tuesday, May 14, 2013

A federal judge has let stand a $5.75 million jury award to creditors in a complex bankruptcy case that has volleyed between the Western District of Pennsylvania and the Third Circuit since it was transferred from the bankruptcy court in 2010.

The Legal Intelligencer   |  Tuesday, May 21, 2013

The Pennsylvania House of Representatives has taken up a bill that would create new rules for contingency-fee contracts between the state of Pennsylvania and outside counsel, including capping contingency fees at $50 million.

The Legal Intelligencer   |  Tuesday, May 21, 2013

The Pennsylvania Bar Association adopted a proposal to change the Pennsylvania Code of Judicial Conduct at its May meeting, and the state bar will be sending its draft for the Pennsylvania Supreme Court's consideration shortly.

The Legal Intelligencer   |  Tuesday, May 21, 2013

Comcast's offer to remedy all of the plaintiffs' claims after a suit was filed in the Northern District of Illinois late last year rendered moot the same plaintiffs' proposed class action in the Eastern District of Pennsylvania, a federal judge has ruled.

The Legal Intelligencer   |  Wednesday, May 15, 2013

Litigating any form of unwritten promise is always a challenge. In an age of ubiquitous electronic communications, judges and juries have more reason than ever to be skeptical of alleged oral agreements.

New Jersey Law Journal   |  Tuesday, May 21, 2013

A Supreme Court panel is proposing that candidates for New Jersey bar admission complete 50 hours of volunteer legal work as a prerequisite.

The National Law Journal   |  Tuesday, May 21, 2013

All five nominees to the National Labor Relations Board appeared Thursday before a sharply divided U.S. Senate committee. Democrats urged their speedy confirmation while Republicans called the board biased and called upon two nominees serving under recess appointments to resign.

SUPREME COURT

The Legal Intelligencer   |  Tuesday, May 14, 2013

Appellant raised four issues on direct appeal after his conviction for first-degree murder and death sentence for the shooting death of Philadelphia Police Officer Charles Cassidy, but evidence was sufficient to sustain appellant's conviction and he was not entitled to relief on any of the issues raised. Judgment of sentence affirmed.

SUPERIOR COURT

The Legal Intelligencer   |  Tuesday, May 21, 2013

In this case of first impression, the trial court properly permitted the investigating agent to provide testimony and opinions as both an expert and a layperson. Judgment of sentence affirmed.

COMMONWEALTH COURT

The Legal Intelligencer   |  Tuesday, May 21, 2013

Appellee's declaration of taking condemning appellant's land was overly broad, did not limit appellee to its presently stated intentions and did not comply with procedural requirements; it authorized actions encompassed within §1511(c) of the Associations Code such that appellee had to comply with §1511(c) before condemning appellant's land for a perpetual easement and right-of-way. Trial court order reversed.

COURTS OF COMMON PLEAS

The Legal Intelligencer   |  Tuesday, May 21, 2013

Following a non-jury trial, the court found that plaintiff proved that he was entitled to a return of the $13,550 he paid defendant for construction of a deck at his house because problems with the deck were so pervasive that repairs alone would not correct them.

U.S. DISTRICT COURT-EASTERN

The Legal Intelligencer   |  Monday, June 1, 2020

In February 2010, the court dismissed McKeon's pro se second complaint as legally frivolous and permitted McKeon to file a third complaint.

U.S. DISTRICT COURT-MIDDLE

The Legal Intelligencer   |  Tuesday, May 21, 2013

Plaintiff's counsel was admonished by the court for failure to comply with court orders, tardiness and "discourteous and rude" behavior; he was warned that continuing to disregard the dictates of the court would be considered failure to prosecute his case and he would be subject to costs and sanctions. Order issued.

U.S. DISTRICT COURT-WESTERN

The Legal Intelligencer   |  Tuesday, May 14, 2013

A charged $3 ATM usage fee was enough to find injury in fact sufficient to bring a class action complaint against under the Electronic Fund Transfer Act where plaintiff's allegations satisfied the three-prong test and the machine's notice was not prominent and conspicuous. Defendant's motion to dismiss denied.

Government

The Legal Intelligencer   |  Tuesday, May 21, 2013

Last year, Congress passed an important law clarifying that members of Congress, their staff and all federal employees must abide by the same insider trading prohibitions as everyone else.

Real Estate

The Legal Intelligencer   |  Tuesday, May 21, 2013

In these distressed economic times, it is not uncommon for a commercial tenant to discontinue its business operations and relinquish possession of the premises even if there are years left on the lease term.

Eastern District

The Legal Intelligencer   |  Tuesday, May 21, 2013

This is practical advice for the civil practitioner whose client organization becomes involved in a grand jury investigation or other official inquiry. This advice applies to an in-house general counsel of a large corporation or an outside practitioner to smaller companies, labor unions or medical practice groups.

Environmental Law

The Legal Intelligencer   |  Tuesday, May 21, 2013

In the August 28, 2012, column in this series, "Natural Gas and Zoning: The Commonwealth Court's Act 13 Decision," David G. Mandelbaum discussed Robinson Township v. Public Utilities Commission, holding Act 13's zoning pre-emption to be unconstitutional. He ended by posing the broader question of whether states or municipalities ought to regulate natural gas development.

Family law

The Legal Intelligencer   |  Tuesday, May 21, 2013

I read with interest the article titled, "Concerns Over Judicial Authority Drove Parenting Coordination Elimination," published in the May 7 edition of Pennsylvania Law Weekly.

Ethics

The Legal Intelligencer   |  Tuesday, May 21, 2013

I am running for judicial office. What should a candidate for judicial office not do?

Law Technology News

Law Technology News   |  Monday, May 20, 2013

Nothing draws a crowd of lawyers like the chance to listen to judges, especially when the agenda includes the likes of United States District Court Judge Shira Scheindlin and Magistrate Judge James Francis IV , both of the Second District of New York, and Circuit Judge Peter Flynn, Circuit Court of Cooke County, Chancery Division, Illinois State Courts.

Business of Law

The Legal Intelligencer   |  Monday, May 20, 2013

I had lunch recently with a lawyer who had been a standout athlete. The conversation underscored a realization, based on almost 30 years in the legal profession, that many of the most successful partners, CEOs, general counsel and law firm leaders who I have worked with have athletic backgrounds.

Bankruptcy Update

The Legal Intelligencer   |  Friday, May 17, 2013

In Secured Lending 101, we learn that the general rule is "first in time, first in right." Well, how does one determine who is "first in time"? Generally, secured lenders may rely on state and county recording offices to determine the priority of their lien against a borrower's property.

Commentary

The Legal Intelligencer   |  Friday, May 17, 2013

In 2009, at the instigation of then-Chancellor Sayde Ladov, the Philadelphia Bar Association created a Civil Gideon Task Force to study problems of access to justice.

The Legal Intelligencer   |  Thursday, May 16, 2013

Philadelphia-based Fox Rothschild grew its revenue by nearly 8 percent in its 2012-13 fiscal year as a result of a combination of strong practices and productive lateral hires, managing partner Mark L. Silow said.

The Legal Intelligencer   |  Thursday, May 16, 2013

Arthur Henshey Moss, a former partner with Montgomery McCracken Walker & Rhoads, died May 9 at the age of 82.

The Legal Intelligencer   |  Wednesday, May 15, 2013

Pennsylvania law firms grew revenue at a faster clip than their national counterparts when comparing the first quarter of 2013 to the first quarter of 2012, but that may just be due to making up for a lack of robust collections in Pennsylvania at the end of last year, according to a bank survey of law firms.

The Legal Intelligencer   |  Monday, May 13, 2013

Allegations that the law firm of Benesch, Friedlander, Coplan & Aronoff breached its fiduciary duty when it represented the interests of one partner in a soured business venture were dismissed by a federal judge.

The Legal Intelligencer   |  Thursday, May 9, 2013

A former attorney with Cohen Seglias Pallas Greenhall & Furman has sued the firm and some of its partners after she was allegedly let go for taking time off under the Family and Medical Leave Act.

The Legal Intelligencer   |  Tuesday, May 7, 2013

After a few years of collecting financial data and applying project management techniques to the legal process, law firms are beginning to dedicate resources to pricing analysis.

The Legal Intelligencer   |  Monday, May 6, 2013

It's the kind of case that has an attorney up at 3 a.m. pondering the next play or just the seeming injustice of it all. And for two Reed Smith attorneys, the case has been going on for upward of 15 years.

The Legal Intelligencer   |  Monday, May 6, 2013

Two weeks after Philadelphia personal injury firm Lundy Law dropped its federal trademark suit against Philadelphia-based injury firm Larry Pitt & Associates, Pitt's firm has sued Lundy Law and its principal, L. Leonard Lundy, in federal court, alleging unfair competition and violations of the Sherman Antitrust Act.

The Legal Intelligencer   |  Friday, May 3, 2013

When Pepper Hamilton hired a businessman to serve as its CEO, it set the tone for how the firm would approach the delivery of legal services.

The Legal Intelligencer   |  Thursday, May 2, 2013

Mandatory arbitration clauses have found a home in some law firms' standard engagement letters, but one malpractice case in Philadelphia federal court is challenging whether such clauses violate public policy, or at least should be more detailed in explaining to a client what he or she is giving up by agreeing to arbitration.