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Stories and case digests on notable rulings and key issues, and how to navigate frequent problems, "warning stories" about what not to do
By newyorklawjournal | New York Law Journal | June 9, 2017
Suit Against Democrats Dismissed; Diversity Amount Not Satisfied, §1983 Claim Not Pleaded
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By thelegalintelligencer | The Legal Intelligencer | June 9, 2017
The court declined to exercise jurisdiction over plaintiff's declaratory judgment action involving a duty to defend and indemnify where a Pennsylvania court was better equipped to do so while minimizing the potential for disruption to the pending state court proceedings. The court denied plaintiff's motion for reconsideration.
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By thelegalintelligencer | The Legal Intelligencer | June 9, 2017
Neither the attorney-client privilege nor the work-product privilege applied to many of the emails which plaintiff sought to exclude from evidence at trial where such emails were not drafted by an attorney or party representative and the emails did not relate to a fact of which an attorney was informed by his client for purposes of securing a legal opinion or services. The court recommended affirmance of decision on appeal.
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By newyorklawjournal | New York Law Journal | June 9, 2017
Citizenship of Trustees Controls Diversity Determination in Dispute Over Inheritance
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By thelegalintelligencer | The Legal Intelligencer | June 9, 2017
Court of common pleas properly determined that it lacked jurisdiction over appeal because appellant failed to perfect in a timely manner by timely filing a counseled complaint and sole member's pro se complaint and appeal were ineffectual because LLC entities had to be represented by a qualified attorney in the courts of common pleas. Affirmed.
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By thelegalintelligencer | The Legal Intelligencer | June 9, 2017
A motion for leave to file a motion for post-trial relief nunc pro tunc was properly denied where the record provided no evidence of extraordinary circumstances to warrant such relief.
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By thelegalintelligencer | The Legal Intelligencer | June 9, 2017
Trial court correctly held that a superior court had already decided the issues raised by township in its challenge to an arbitrator's damages award for denying a police officer the right to take an off-duty job. Affirmed.
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By thelegalintelligencer | The Legal Intelligencer | June 9, 2017
Plaintiff's blanket statement that the defendants' acts of conducting business, maintaining offices and running their businesses in Pennsylvania were insufficient to demonstrate that the court had specific jurisdiction in this matter. The court granted defendants' motion to dismiss plaintiff's complaint.
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By thelegalintelligencer | The Legal Intelligencer | June 9, 2017
The court did not abuse its discretion in granting defendants' motion for non-pros where plaintiff did not file a complaint until the day of trial.
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By thelegalintelligencer | The Legal Intelligencer | June 9, 2017
A party was not collaterally estopped from raising the issue of settlement and compromise where that party prevailed regarding the underlying order and could not appeal it. The court denied the defendant's motion in limine.
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