Are There Limits to an Arbitrator's Award of Interest?
The Legal Intelligencer
Tuesday, June 18, 2013
Parties often agree to arbitration assuming that the process is the functional equivalent of a nonjury court trial and differs from it only in that it allows them to select their judge, time and place of hearing.
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Employers Vicariously Liable for Distracted Driving
The Legal Intelligencer
Friday, June 14, 2013
Distracted driving due to mobile phone use while behind the wheel is a dangerous and prevalent problem. In 2010, nearly 20 percent of all motor vehicle accidents were attributed in some way to distracted driving.
Taking Steps to Reduce the Cost of Workplace Conflict
The Legal Intelligencer
Wednesday, May 29, 2013
Workplace conflict can be very expensive for businesses — and that expense has been increasing over the last 10 years, due to higher jury verdicts, attorney fees and other costs, as well as an increase in the number of these conflicts. Businesses can reduce their liability in this area by taking steps to prevent conflicts before they arise, and to resolve them as early as possible, before they grow into full-blown disputes.
Intentions Matter With Statute of Frauds Defense
The Legal Intelligencer
Tuesday, May 21, 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.
Can Judgment on Your Arbitration Award Be Entered in Court?
The Legal Intelligencer
Tuesday, May 14, 2013
Bob may be interested in the theoretical issues of the law. His clients? They want results. But they do not want to pay a bundle to get those results.
Using the Sudden Medical Emergency Defense in Pennsylvania
The Legal Intelligencer
Friday, May 10, 2013
Every so often Pennsylvania appellate courts hand down a decision that addresses several novel and/or uncommon legal issues in one decision. When the courts render such a legal gem, the legal community should be aware of the decision. One such appellate decision is the state Superior Court's opinion in the recently decided case of Shiner v. Ralston, No. 1791 MDA 2011, (Pa. Super. Feb. 22, 2013). In Shiner, a panel of the Superior Court addressed several interesting legal issues: (1) the distinction between the "sudden emergency doctrine" and the "sudden medical emergency defense"; (2) the defendants' burden of proof in order to obtain summary judgment where they seek judgment based upon an affirmative defense; (3) the proof required for expert testimony where the party offering the testimony does not have the burden of proof; and (4) the moving party's ability to obtain summary judgment under the Nanty-Glo rule where it relies upon its own witnesses' testimony.
Questioning Cy Pres Awards After Class Action Settlements
The Legal Intelligencer
Tuesday, April 30, 2013
Consider the following scenario — your business is one of many sued in a class action lawsuit for allegedly conspiring to overcharge consumers of baby products. After five years of costly litigation, all of the defendants decide to settle.
An Examination of Claimed Lost Social Security Benefits
The Legal Intelligencer
Thursday, April 25, 2013
In personal injury and wrongful death matters, economic losses associated with a loss of earnings capacity and fringe benefits are claimable. Fringe benefits are typically a category of offerings by an employer to an employee for items other than regular salary and wages. The Bureau of Labor Statistics tracks various fringe benefit costs by employers that include (1) legally required costs associated with payroll taxes, (2) costs related to supplemental pay for vacation, sick time, bonuses and overtime, (3) insurance benefits, which may include health care coverage or premium payment assistance, group life insurance, disability insurance and unemployment insurance, and (4) retirement and pension benefits.
Points to Ponder When Consolidating Under Rule 213(a) After Kincy Decision
The Legal Intelligencer
Wednesday, April 24, 2013
The Supreme Court of Pennsylvania's decision in Kincy v. Petro is critical to review before drafting a motion and proposed order seeking consolidation.
Considering the Mediation Privilege in Awarding Legal Fees
The Legal Intelligencer
Tuesday, April 16, 2013
To what extent may mediation impact an award of attorney fees as part of the costs in litigation?
