The Legal Intelligencer | Commentary
By Emily Robb | April 15, 2024
In Miller v. Alabama, the U.S. Supreme Court recognized that children's brains are still developing and equated that with lessened culpability. Felony murder, which punishes anyone involved in the underlying felony in which someone died, even if unintentional, still punishes children for the very cognitive deficiencies that the Supreme Court identified.
The Legal Intelligencer | Commentary
By Nicole D. Galli, Laura Talley Geyer and Alexa Elder | April 15, 2024
The dispute between fashion powerhouses Adidas and Thom Browne over stripe designs reveals the intricacies of brand protection and the scope of trademarks based on common elements especially within the fashion world.
The Legal Intelligencer | Commentary
By Harlan S. Stone, Anna S. Jewart and Alexandra G. Farone | April 12, 2024
On March 15, the U.S. Supreme Court weighed in on an issue that more directly impacts the legal interests of public officials: When does a public official's social media activity on a personal account constitute state action under 42 U.S.C. Section 1983, subjecting the public official to liability?
The Legal Intelligencer | Commentary
By Sarah Holler | April 12, 2024
The expansion of TPS designations combined with the 2022 policy reversal on previous unlawful entry has increased the number of individuals eligible for TPS and has widened the availability for those to apply for an adjustment of status.
The Legal Intelligencer | Commentary
By Lindsey L. Bonafede and Leonard Impagliazzo | April 11, 2024
At its core, discovery in MDLs is no different than that of an average litigation. The fundamental concepts, processes and practices are the same. However, the success of managing large complex matters will fall squarely on the e-data attorney's ability to plan strategically and communicate effectively with co-counsel and various opposing counsel law firms especially when there are parallel matters at play.
The Legal Intelligencer | Commentary
By Alan Nochumson and Alex Hamilton | April 10, 2024
In a recently published opinion, the Pennsylvania Commonwealth Court in RDM Group v. Pittston Township Zoning Hearing Board found that a local zoning hearing board and the corresponding trial court abused its discretion by failing to properly evaluate the merits of zoning variance requests of a property owner that sought to build a warehouse in Pittstown Township.
The Legal Intelligencer | Commentary
By Michael E. Bertin | April 9, 2024
The Moyer case is an important reminder for both the family law practitioner and bench. It stresses the importance of res judicata and collateral estoppel for the smooth running of the courts and instills predictability and reliability in the litigants relying on court decisions.
The Legal Intelligencer | Commentary
By Joshua A. Mooney | April 9, 2024
Liability under state WESCA claims turns on whether there was there an interception of a communication (and if so, where that interception took place), and whether the party whose communication was intercepted had granted consent. This article focuses on the third element—consent.
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.
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