Cliff Rieders

August 23, 2024 | The Legal Intelligencer

Trump v. United States is decried by some as inviting the president of the United States to be a dictator and by others as a decision that will tie the hands of the activist presidents we demand in the United States.

By Cliff Rieders

14 minute read

July 12, 2024 | The Legal Intelligencer

The trial court's decision not to award treble damages due to the award of punitive damages and attorney fees was not an exercise of discretion. It was a refusal to exercise discretion, resulting from an erroneous misapplication of the law.

By Cliff Rieders

10 minute read

June 03, 2024 | The Legal Intelligencer

The gist of the action doctrine is generally "designed to maintain the conceptual distinction between breach of contract claims and tort claims. As a practical matter, the doctrine precludes plaintiffs from re-casting ordinary breach of contract claims into a tort claim."

By Cliff Rieders

8 minute read

May 06, 2024 | The Legal Intelligencer

The relation back component of Federal Rule of Civil Procedure 15(c) is like a sword of Damocles. Whether a plaintiff in good faith can file an amended complaint pursuant to Rule 15(c), which relates back to the time before the statute of limitations expired, can be the difference between the "life and death" for an action of malpractice versus a good night's sleep and no worries for the filling attorney.

By Cliff Rieders

10 minute read

March 28, 2024 | The Legal Intelligencer

Under the lease, it was reasonable for the tenants to expect that the landlord would look only to the policy the landlord purchased for compensation for the fire loss, which would be covered by the policy.

By Cliff Rieders

5 minute read

February 20, 2024 | The Legal Intelligencer

Under the risk-utility test, "a product is in a defective condition if a 'reasonable person' would conclude that the probability and seriousness of harm caused by the product outweigh the burden or costs of taking precautions." The court stated that a plaintiff may proceed under either theory, or both theories in the alternative.

By Cliff Rieders

14 minute read

February 02, 2024 | The Legal Intelligencer

The Pennsylvania Superior Court concluded that the evidence presented in the automobile accident case failed to establish a foundation for a sudden emergency instruction. The plaintiffs were entitled to their requested instructions on a driver's duty of care. Finding prejudicial error in the court below, the Superior Court reversed and remanded for a new trial.

By Cliff Rieders

8 minute read

January 11, 2024 | The Legal Intelligencer

Two recent cases, Hangey v. Husqvarna Professional Products and Dinardo v. Kohler, are examples of "relativity" in the law, or perhaps just perspective.

By Cliff Rieders

7 minute read

December 21, 2023 | The Legal Intelligencer

Any case involving a venue controversy, especially one that reaches the Pennsylvania Supreme Court, could have implications for medical malpractice venue, as well as for many other arenas of law.

By Cliff Rieders

5 minute read

November 30, 2023 | The Legal Intelligencer

The U.S. Court of Appeals for the Third Circuit recently took up the question as to whether colleges and universities must give refunds when, during the COVID-19 pandemic, they eliminated in-person learning. The decision sparking debate on the issue was Hickey v. University of Pittsburgh.

By Cliff Rieders

8 minute read