The Legal Intelligencer | Commentary
By Howard J. Bashman | December 4, 2023
Welcome, humans. This is artificial intelligence speaking. Howard has asked me to write this month's column because he is still celebrating his recent Pennsylvania Supreme Court win on the issue of venue. He is also busy reminiscing about all the noteworthy cases he had the privilege of briefing and arguing this year, including his first U.S. Supreme Court oral argument, which remarkably The Legal Intelligencer had failed to cover, even though the case originated in Philadelphia and was decided by the Third Circuit.
The Legal Intelligencer | News
By Riley Brennan | December 1, 2023
Plaintiff Michael Smith brought claims arising under the PWL, the False Claims Act, and common law wrongful discharge against his former employer Ideal Concepts Inc., alleging he was fired for reporting fraudulent company behavior.
The Legal Intelligencer | Commentary
By Larry E. Coben | December 1, 2023
Despite the underlying motivations, or perhaps because of them, the legal grounds for a request to change venue based upon "forum non conveniens " has evolved into a war of words in which our trial courts are asked to decide whether the plaintiff's selected forum is "vexatious" or "oppressive," or merely "inconvenient" to the defendant.
The Legal Intelligencer | News
By Riley Brennan | November 30, 2023
"Because plaintiff's claims against defendant Miller are being decided in arbitration, no verdict on plaintiff's claims against defendant Miller can be entered by this court," Allegheny County Court of Common Pleas Judge Alan Herzberg said.
The Legal Intelligencer | News
By Riley Brennan | November 28, 2023
"This was a hard-fought case on the medicine. We feel that the verdict reflects that the jury was more critical of [the defendants,] as this was the second visit to a doctor's office in a week's time with chest pain complaints without coronary artery disease having been ruled out by further cardiac testing," said Daniel Jeck of Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck.
The Legal Intelligencer | Commentary
By Edward T. Kang | November 22, 2023
Litigators preparing to qualify or challenge an expert witness must be ready to navigate several obstacles in admitting or excluding expert testimony. With the new amendment to Federal Rule of Evidence 702 coming into effect, litigators should take note of changes and incorporate them into their decision-making regarding expert testimony.
The Legal Intelligencer | News
By Riley Brennan | November 20, 2023
"We likewise are at a loss to understand the trial court's indulgence in these unfair tactics. We remind the trial court and its administration that they are the gatekeepers to the trial process and that our rules must be fairly followed and the due process rights of litigants respected."
The Legal Intelligencer | News
By Riley Brennan | November 20, 2023
Before the court was the issue of diversity jurisdiction, where the firm argued that three plaintiffs had merely been added for the sole purpose of manufacturing diversity jurisdiction, which is prohibited by 28 U.S.C. Section 1359.
The Legal Intelligencer | News
By Riley Brennan | November 17, 2023
The Superior Court ultimately remanded the case for a new trial on causation and damages.
The Legal Intelligencer | Commentary
By Cliff Rieders | November 16, 2023
Under Pennsylvania law, when a physician voluntarily undertakes to act within the doctor-patient relationship for the protection of a nonpatient third party, the physician assumes a corresponding duty of reasonable care to any third party who is within the orbit of harm.
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