December 05, 2024 | The Legal Intelligencer
The 'Roundup' Round-Up: Will a Recent Third Circuit Ruling Spell the End for Roundup Products Liability Litigation in Pa. State Courts?Over 100,000 cases have been brought against Monsanto Corp. nationwide, claiming its Roundup weed-killer contains a carcinogenic active ingredient, namely, glyphosate. Hundreds of such cases are pending in Pennsylvania alone. But for over 30 years, the U.S. Environmental Protection Agency (EPA) has found evidence of glyphosate’s noncarcinogenicity for humans, and in 2015, the EPA determined “that glyphosate is not likely to be carcinogenic to humans.
By Casey Alan Coyle and Michael Libuser
9 minute read
August 15, 2024 | The Legal Intelligencer
Stare Decisis: US Supreme Court's Willingness to Overturn Longstanding Precedent and Its Potential Effect on State Appellate CourtsThe U.S. Supreme Court has departed from longstanding precedent in several cases—most notably in Dobbs v. Jackson Women's Health Organization—leading some members of the high court to accuse it of making a "laughing-stock" of stare decisis.
By Casey Alan Coyle and Michael Libuser
8 minute read
April 29, 2024 | The Legal Intelligencer
Blurred Lines: The Ongoing Battle Between iLottery and iGamingThe fight is over legislation that prohibits the Pennsylvania Department of Revenue (the department), the administrator of the lottery, from offering products that "simulate casino-style lottery games" as part of the iLottery program. The Pennsylvania Supreme Court recently construed the meaning of that phrase in Greenwood Gaming & Entertainment v. Department of Revenue.
By Casey Alan Coyle and Michael Libuser
9 minute read
January 27, 2024 | The Legal Intelligencer
Forum Non Conveniens—Pennsylvania's Jurisdiction Jigsaw PuzzleHistorically, to establish forum non conveniens, a defendant had to show the plaintiff's chosen forum is either oppressive or vexatious without any particular form of proof. Through a series of recent decisions, however, the Pennsylvania Superior Court has sown uncertainty in the once-settled area of the law.
By Carla M. Castello and Casey Alan Coyle
8 minute read
November 02, 2023 | The Legal Intelligencer
To Infinity and Beyond? Pa. Supreme Court Casts Doubt Upon Presumptive Constitutional Limit for Punitive DamagesIn 2017, four employees with nonsolicitation agreements left their employment with The Bert Co. d/b/a Northwest Insurance Services and joined First National Insurance Agency, LLC. They moved as part of what is known in business parlance as a "lift-out," a practice in which a group of employees from one company are hired by a competitor.
By Casey Alan Coyle, Stefanie Pitcavage Mekilo and Austin D. Rogers
9 minute read
May 25, 2023 | The Legal Intelligencer
It's Groundhog Day for Pennsylvania's Fair Share ActLitigants and practitioners are experiencing déjà vu, as the uncertainty over the scope of the Fair Share Act persists. Will the Pennsylvania Superior Court, sitting en banc, or Pennsylvania Supreme Court break this proverbial time loop like Bill Murray's character did at the end of the film?
By Casey Alan Coyle and Edward D. Phillips
8 minute read
April 20, 2023 | The Legal Intelligencer
Questions Abound Following Right-to-Know Law Decision Involving Student RecordsHawkins has clear implications regarding the treatment of school surveillance videos under FERPA and the RTKL. However, Hawkins raises several questions, including whether a nonpublic record can "become" public through redaction, and therefore, be subject to disclosure under the RTKL.
By Casey Alan Coyle, Anna S. Jewart and Anna R. Hosack
9 minute read
February 02, 2023 | The Legal Intelligencer
We Don't Talk About Bruno (But We Should): Why Uncertainty Still Persists Regarding the 'Gist of the Action' Doctrine in PennsylvaniaFor nearly a decade, the Pennsylvania Supreme Court has declined to further discuss its holding in Bruno v. Erie Insurance, 106 A.3d 48 (Pa. 2014), despite numerous calls for clarification.
By Casey Alan Coyle and Emily A. Davis
8 minute read
March 12, 2021 | The Legal Intelligencer
Time-Barred Claims of Sex Abuse in Pa.—Litigation and Legislative DevelopmentsThe plaintiffs in nearly 300 cases statewide have asked courts to extend the statute of limitations for civil sexual abuse claims, using the discovery rule, fraudulent concealment doctrine or the tort of civil conspiracy as the vehicles to do so.
By Casey Alan Coyle and Michael J. O'Brien
10 minute read
March 04, 2021 | The Legal Intelligencer
Consumer Protection Law Ruling Could Spell Big Trouble for Pa. BusinessesBecause the reach of the Consumer Protection Law is so vast, covering virtually every form of trade or commerce conducted with a consumer in Pennsylvania, practically all businesses across the commonwealth will be impacted by the ruling—from manufacturers to construction companies to banks to insurance companies to healthcare providers to mortgage companies.
By Casey Alan Coyle and Nicholas F. Borsuk
12 minute read
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