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Proving Noneconomic Damages Post-'Gregory v. Chohan'
"Damages must be proven to be 'genuinely compensatory' based on a 'rational connection' developed by a plaintiff to show a rational basis and connection between the 'injuries suffered and the amount awarded,'" say attorneys Elisa Reiter and Daniel Pollack.Retroactively Redefining 'Fraud': The Chapter Amendments
An update on the status of Assembly Bill A-6216-B and Senate Bill S-2980-C and the significant changes to the original text of Part B of the bill that are expected to be passed by the Legislature soon using "chapter amendments."Enforcement Trend Shows HIPAA Concurrent Jurisdiction Risks
A recent enforcement trend shows risks of concurrent jurisdiction under HIPAA and beyond.Plaintiff's Lawyers: Beware of Fictitious Defendants
"The issue, therefore, was the interrelationship between R. 4:26-4 (amendments to state the true names of fictitious defendants) and R. 4:9-3 (when such amendments relate back to the date of the initial pleadings)," writes Court Watch columnist Louis F. Locascio.New Year, New View: Stepping Into Some Very Big Shoes
At this critical time with so much discord locally, nationally and globally, the value of alternate dispute resolution cannot be underestimated. I will begin with a refresher on the basics—a review of what is encompassed by ADR for those who may not consider themselves practitioners in this arena although we all face and resolve disputes daily in our personal and professional lives.View more book results for the query "*"
SIU Law School Looks at Name Change With $10M Donation
In honor of the generosity of John and Jayne Simmons, the law school will be named Simmons Law School, pending approval from the SIU Board of Trustees in April.Conducting Effective Workplace Investigations
This article outlines a general framework for approaching investigations into employee complaints. The authors recommend that employers approach investigations with an organized and thoughtful plan that allows the investigator and the employer both to assuage understandable concerns of employees and create an environment where a focused fact-finding investigation can occur.Superior Court Examines Death of a Party Pending a Divorce Action
In the recent case of Shell v. Shell, the Pennsylvania Superior Court addressed the issue of when a divorce litigant dies prior to a party filing an affidavit under 3301(d). In the Shell matter, a divorce action was instituted, and prior to either party filing an affidavit under Section 3301(d), the husband passed away.Inflation Reduction Act: A Game Changer for Pennsylvania Clean Energy Projects
The Inflation Reduction Act, Public Law 117-168 was signed into law by President Joe Biden on Aug. 16, 2022, but the impact of some of its provisions is just beginning to be felt. Among those are the substantial federal subsidies the act provides for state and local government investments in clean energy projects.Navigating the Surge: A Strategic Guide for Lenders Amid Rising Loan Defaults
Anticipating the fallout from potentially billions of dollars in distressed loans, lenders must be on high alert. Drawing from lessons learned in the last two historical downturns, where we witnessed unprepared lenders face severe consequences, it is imperative for lenders and financial institutions to act now.