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.
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 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.
The Legal Intelligencer | Commentary
By Kenneth Stark and Martha "Frannie" Reilly | April 2, 2024
The Pennsylvania Broadband Development Authority is currently accepting applications for the multipurpose community facilities program. Funded through the federal capital projects fund established under the American Rescue Plan Act (ARPA), the facilities program will distribute up to $45 million in competitive grants to community anchor institutions and local governments to ensure reliable and affordable broadband internet access.
The Legal Intelligencer | Commentary
By Rich Lee | March 29, 2024
Our conversation highlighted three very different angles—how the mindsets of litigators and parties affect a matter, how insurance companies use ADR, and how a new effort to build gender diversity is faring. We also discussed the challenges facing arbitration and the risks they bring to this critical service.
The Legal Intelligencer | Commentary
By Bradley D. Remick | March 29, 2024
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.
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