The Legal Intelligencer | Commentary
By Theodore J. Zeller III | April 8, 2024
Many brewers want to take part in this evolving market of non-alcoholic beers. Unfortunately, many erroneously believe non-alcoholic products can be easily shipped and sold in commerce, much like drinking water or sodas. That assumption is faulty. Rather, non-alcoholic beers are regulated at both federal and state levels—and the differences at the state level are wide ranging.
The Legal Intelligencer | Commentary
By Larry E. Coben | April 5, 2024
Americans' reliance on and use of products designed, manufactured, and then imported to the United States from overseas creates significant legal issues when a consumer is injured, maimed or killed using one of these products. One very profound legal issue involves the challenge to obtain personal jurisdiction over a foreign manufacturer. We look briefly at this issue.
The Legal Intelligencer | Commentary
By Kenneth J. Warren | April 5, 2024
Water managers are now looking beyond infrastructure and water diversions to conserve and make better use of existing resources.
The Legal Intelligencer | Commentary
By Mark Mailman | April 4, 2024
Seeking to put an end to, as Consumer Financial Protection Bureau (CFPB) Director Rohit Chopra said, "background check and other consumer reporting companies creating flawed reputational dossiers that are then hidden from consumer view," the CFPB recently issued two advisory opinions to consumer reporting agencies.
The Legal Intelligencer | Commentary
By James C. Haggerty, Jeffrey Stanton and Dennis Coyne | April 4, 2024
While merely striking affirmative defenses that should not have been in the action in the first place may not be a sufficient deterrent to curb the filing of frivolous defenses, where the assertion of such baseless prophylactic defenses occurs in first party insurance litigation, such as uninsured (UM) or underinsured (UIM) motorist claims, it may result in much harsher repercussions.
The Legal Intelligencer | Commentary
By Christina B. Raton | April 4, 2024
Imposter syndrome starts from within and is often made up of ideas and opinions we have made up about ourselves. Imposter syndrome often thrives irrespective of environment or even other people's opinion.
The Legal Intelligencer | Commentary
By Joseph Chapman and Courtney M. Wentzel | April 4, 2024
The rules providing for the appointment of a guardian already had to be meticulously navigated by any practitioner—now, through the Pennsylvania Legislature's enactment of Act 61 of 2023 (Senate Bill 506; PN 843)(Act 61), the guardianship rules are changing on June 11, 2024. The new rules provide plenty more for consideration when pleading, navigating or litigating any guardianship action.
The Legal Intelligencer | Commentary
By Nicholas J. Bellos and Marianne E. Bradley | April 3, 2024
Obtaining information from nonparties to a case can present procedural and practical difficulties for attorneys litigating in state court. When those nonparties reside outside the state where the action is pending, those difficulties can become especially challenging.
The Legal Intelligencer | Commentary
By Jeffrey N. Rosenthal and Amanda M. Noonan | April 2, 2024
GIPA litigation remains in its early stages, but the possibility of exorbitant statutory damages—$2,500 per negligent violation, up to $15,000 per intentional or reckless violation—could make GIPA the next major trend in privacy class action litigation.
The Legal Intelligencer | Commentary
By Jennifer W. Karpchuk | April 2, 2024
If Pennsylvania legalizes and taxes medical marijuana, what are its options? Shapiro proposed a 20% tax on the wholesale price of cannabis. The states that have legalized and are taxing marijuana have taken varied approaches, yet they fall into three general categories of excise taxes: percentage-of-price taxes; weight-based taxes; and potency-based taxes.
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