Seven Things a Civil Trial Attorney Learned While Serving as a Juror
The Legal Intelligencer
Monday, March 4, 2013
Recently, I was selected to serve as juror in a criminal case. Despite my surprise and initial trepidation (I had work waiting for me back at the office), serving as a juror proved to be a terrific learning experience. While serving as a juror in a criminal case, this civil trial attorney learned, from how I felt as well as through my observations of the other jurors, the following seven important things about trying a case that I may not have otherwise appreciated.
Pennsylvania Damages Law: Disregard of Economic Principles
The Legal Intelligencer
Tuesday, February 26, 2013
In Helpin v. Trustees of the University of Pennsylvania, the Pennsylvania Supreme Court continued its disregard of economic/financial principles and decades of economic data.
Selecting Non-Neutral Arbitrators in a Multiparty Dispute
The Legal Intelligencer
Tuesday, February 19, 2013
Arbitrator selection represents one of the most critical acts undertaken by any party to a dispute. After all, the arbitrator is empowered to render an unassailable decision that is rarely subject to appellate review.
Discoverability of Litigation Hold Notices in Pennsylvania
The Legal Intelligencer
Tuesday, February 12, 2013
Although there is abundant case law in Pennsylvania discussing remedies available to an innocent party when the other party destroys evidence, there is no Pennsylvania decisional law that addresses the discoverability of "litigation hold" notices from an attorney to his or her client, or of any other communication between attorney and client that addresses the obligation to preserve evidence. This article addresses the growing case law emanating from district courts within the Third Circuit that permit limited discovery of such communications.
Legal Implications of FDA's Proposed Order Affecting MoM Implants
The Legal Intelligencer
Tuesday, February 12, 2013
For decades, Class III medical devices that are implanted in humans, such as hip implants, have been approved by the FDA through the 510(k) process. The 510(k) process is the fast-track approval process, which does not require clinical studies or pre-market testing. This process was never intended for Class III medical devices; however, a loophole in the FDA regulations that was never addressed until recently has allowed thousands of implanted medical devices to be approved without clinical testing.
Navigating the Procedural Hurdles in Pennsylvania Merger Litigation
The Legal Intelligencer
Monday, February 4, 2013
Much has been written about the wave of shareholder strike suits that follow the announcement of every merger and acquisition of a publicly held company. However, there is little written about the unique procedural hurdles that are not addressed in the Rules of Civil Procedure, which must be navigated when such lawsuits are filed in Pennsylvania state court.
