By Amanda Bronstad | July 21, 2017
A U.S. Supreme Court decision widely heralded by defense attorneys as a "game-changer" hasn't exactly dealt them a slam dunk in the courts.
By thelegalintelligencer | The Legal Intelligencer | July 14, 2017
Trial court erred in instructing jury to consider information that defendant physician's qualified staff provided to plaintiff-patient, because a physician could not delegate duty to provide information sufficient to obtain patient's informed consent. Judgment reversed, case remanded for new trial.
By thelegalintelligencer | The Legal Intelligencer | July 14, 2017
Res judicata/collateral estoppel barred plaintiffs from litigating tort claims in state court after those claims were dismissed in federal court under the gist of the action and economic loss doctrines. Order of the trial court affirmed.
By thelegalintelligencer | The Legal Intelligencer | July 14, 2017
Statute's silence as to inclusion of coal mine operators in benefit entitlement presumption standard meant that federal agencies were empowered to promulgate regulations filling in statutory gap. Order of the Benefits Review Board affirmed.
By thelegalintelligencer | The Legal Intelligencer | July 14, 2017
Orphans' court erred in failing to grant a continuance and in finding that father waived his right to counsel in a hearing to involuntarily terminate his parental rights. Order vacated.
By thelegalintelligencer | The Legal Intelligencer | July 7, 2017
The plaintiffs, minority shareholders in the defendant business, had knowledge of every shareholder meeting and participated in every vote; thus, their rights were not violated when the majority shareholders voted to sell corporate assets and they had no grounds to stop the sale. The court recommended affirmance of its order denying plaintiffs relief.
By thelegalintelligencer | The Legal Intelligencer | July 7, 2017
The court declined to dismiss a lawsuit on the basis of forum non conveniens against an employer for injuries sustained by an employee, because the employer regularly conducted business in the county where the employee filed suit.
By thelegalintelligencer | The Legal Intelligencer | July 7, 2017
Orphans' court's order threatening contemnor with possible incarceration for his refusal to make payments ordered by the court was consistent with its authority to compel obedience to a prior order and to compensate appellee for injuries sustained by appellant's chronic nonpayment and the sanctions were tailored to appellant's ability to comply and were strictly civil in nature. Affirmed.
By thelegalintelligencer | The Legal Intelligencer | July 7, 2017
Plaintiff properly sought to enforce a final determination of the Office of Open Records through a writ of mandamus, rather than a petition to enforce, where he did not appeal the final determination to a court for a merits review. The court affirmed the trial court's decision denying plaintiff relief on the merits.
By thelegalintelligencer | The Legal Intelligencer | June 30, 2017
Defendants' petition to open a confessed judgment failed to meet the basic requirements necessary for such relief, i.e., prompt action, a meritorious defense and sufficient evidence to require submission of the case to a jury. The court denied defendants' petition to open a confessed judgment.
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