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April 11, 2024 | National Law Journal

What Should the Standard of Proof Be for Attorney Misconduct, Pennsylvania Justices Ponder

"It seems odd that when your livelihood is being taken away, even if temporarily, … we only have to do preponderance of the evidence," said Justice Kevin Brobson.
3 minute read
April 02, 2024 | The Legal Intelligencer

Judge Denies HersheyPark Store's Motion to Dismiss Racial Discrimination Suit

As the plaintiffs alleged they were "evicted" from park due to their complaint of racial discrimination, they "sufficiently alleged that the act of being removed from the park by Kaman's interfered with their right to 'enjoy the fruits of a contractual relationship' arising out of their admission tickets to the park," U.S. Magistrate Judge Daryl F. Bloom wrote.
3 minute read
March 29, 2024 | The Legal Intelligencer

The More Things Change ... Pennsylvania Products Liability Law

We were certain that the Azzarello standard, the artificial distinction between negligence and strict liability, was going to fade to some extent and strict liability defendants were going to be afforded the opportunity to present evidence that was relevant to their defenses. Instead, rather than adopting the Restatement (Third) of Torts, the court surprisingly adopted the risk utility and consumer expectation tests that were first developed in California.
8 minute read
March 26, 2024 | The Legal Intelligencer

People in the News—March 26, 2024—Capehart Scatchard, Marshall Dennehey

On Feb. 28, Capehart Scatchard associate Ryan R. Solcum served as the moderator for a remote CLE hosted by the Burlington County Bar Association's (BCBA's) young lawyers committee.
3 minute read
March 21, 2024 | New Jersey Law Journal

Appellate Court Deems Lower Court's Discovery Sanction Constituted Abuse of Discretion

"The record shows that the court struck the essential defense of non-liability. Its order is contrary to the fundamental principal underlying sanctions—to compel discovery compliance to ensure cases are decided on their merits," the opinion said.
4 minute read
March 21, 2024 | The Legal Intelligencer

Restricting Restrictions: When Attorney Employment Agreements Run Afoul of the Rules of Professional Conduct

Law firm managers need to take care in drafting employment agreements to avoid restrictions that may violate the Rules of Professional Conduct.
9 minute read
March 19, 2024 | The Legal Intelligencer

Plaintiff Failed to Regard Warning Signs in Slip and Fall: Defense

On July 23, 2019, plaintiff Lorraine Horan, 51, slipped and fell in the lobby of a building owned by PMC Property Group in Pittsburgh. PMC contracted with ISS Facility Services Inc. to provide custodial services.
2 minute read
March 15, 2024 | Daily Business Review

Where Are We Now? Punitive Damages Claims in Fla. 2 Years Post-Interlocutory Review Rule Change

The appellate courts are serving as well-needed checkpoints to ensure the trial courts are performing their gatekeeper duties, and a call has been sounded for the Florida Supreme Court to address conflicts that have surfaced in the different district courts of appeal.
8 minute read
March 13, 2024 | The Legal Intelligencer

The Legal Intelligencer Announces 2024 Pennsylvania Legal Awards Finalists, Honorees

All honorees will be recognized, and winners in finalist categories announced, at the Pennsylvania Legal Awards event in May.
5 minute read
March 12, 2024 | New Jersey Law Journal

Employment Law Special Section 2024

This year's Employment Law Special Section covers everything from service animals, to cyberattacks, to remote workers, and much more.
3 minute read

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