Carley Meiners

August 30, 2017 | The Legal Intelligencer

Entrants into Pennsylvania's medical marijuana industry will want—and, in many cases, need—to obtain various types of insurance coverage. What happens, though, when one of those businesses is sued or suffers a loss and turns to its insurer for coverage? Will the insurer provide coverage? Or, will the insurer disclaim coverage because it remains illegal under federal law to manufacture, distribute or dispense marijuana? If the insurer attempts to avoid coverage on the basis of public policy or an illegal-acts exclusion, will courts in Pennsylvania allow the insurer to do so, or will they protect the policyholder's right to coverage?

By Michael H. Sampson

8 minute read

August 24, 2017 | The Legal Intelligencer

McNees Wallace & Nurick attorney Kendra McGuire is scheduled to present "Will Contests: Preparing Your Case" 9 a.m. at the Pennsylvania Bar Institute Aug. 29 in Mechanicsburg.

By Carley Meiners | The Legal Intelligencer

12 minute read

August 23, 2017 | Delaware Business Court Insider

The Delaware Court of Chancery has declined to compel the production of attorney-client privileged documents in a books-and-records action.

By Brett M. McCartney

5 minute read

August 22, 2017 | The Legal Intelligencer

Cybersecurity has taken center stage in the news recently, following several devastating attacks on local and foreign entities. However, while the risks may seem to be at an all-time high for companies looking to protect critical data, some industries are reluctant to adapt, rendering them vulnerable for future breaches.

By Joshua Lorenz and Michael Monyok

7 minute read

August 21, 2017 | The Legal Intelligencer

The Pennsylvania Mechanics' Lien Law, 49 P.S. Section 1101 et seq. (the Lien Law), provides contractors a powerful legal hammer for the recovery of payment owed for work performed on a construction project; they can impose a lien against the property on which their work was performed, clouding the owner's title, until payment is received. In December 2016, as a result of last year's Act 142 (the act) amendments to the Lien Law, the Department of General Services launched the online State Construction Notices Directory (the directory). Prior to the creation of the directory, there was no streamlined system for owners and general contractors to track subcontractors and suppliers on a project site.

By David E. White and 
Esther Soria Mignanelli

14 minute read

August 18, 2017 | The Legal Intelligencer

Defendants could not maintain their joinder complaint against Littlestown Borough in this action arising out of injuries plaintiff suffered on defendants' property where they failed to demonstrate that the utility services facilities exception to governmental immunity applied. The court granted the defendant municipality's motion for summary judgment.

By Carley Meiners | The Legal Intelligencer

6 minute read

August 14, 2017 | The Legal Intelligencer

In 631 N. Broad Street v. Congregation Rodeph Shalom, 2017 Phila. Ct. Com. Pl. LEXIS 194 (July 10), Judge Ramy I. Djerassi recently allowed a neighboring property owner to prevent a real estate developer from creating openings in a side wall to a building it owned for the installation of windows for proposed residences. In doing so, Djerassi dealt with what constitutes a party wall and the rights and obligations of neighboring property owners in its maintenance and alterations.

By Alan Nochumson

17 minute read

August 11, 2017 | The Legal Intelligencer

Once the dust settles after a trial ­victory, practitioners routinely file bill of costs in an effort to recoup litigation expenditures, such as filing and service of process fees, as in De Fulvio v. Holst, 362 A.2d 1098, 1099 (Pa. Super. 1976), ("It is a general rule in our judicial system ... that costs inherent in a law suit (sic) are awarded to and should be recoverable by the prevailing party.").

By Joel H. Feigenbaum

7 minute read

August 11, 2017 | The Legal Intelligencer

The trial court did not err in finding that defendant's consent to a blood test was invalid where he only consented to the blood draw after being informed by police that he faced enhanced criminal penalties for failing to do so. The court affirmed an order granting defendant's motion to suppress evidence of a blood draw.

By Carley Meiners | The Legal Intelligencer

6 minute read

August 10, 2017 | The Legal Intelligencer

Daniel J. Distasio of Distasio and Kowalski was selected to the 2017 list of the nation's top attorneys by the National Association of Distinguished 
Counsel.

By Carley Meiners | The Legal Intelligencer

3 minute read