January 11, 2024 | The Legal Intelligencer
It's All Relative! Two Recent Cases Are Examples of ThisTwo 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
Venue Controversy Never Goes Away: A Look at Decision in 'Hangey'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
Are Colleges Obliged to Give Refunds? Third Circuit Weighs InThe 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
November 16, 2023 | The Legal Intelligencer
More on Physician or Hospital Liability for Harm to Third PersonsUnder Pennsylvania law, when a physician voluntarily undertakes to act within the doctor-patient relationship for the protection of a nonpatient third party, the physician assumes a corresponding duty of reasonable care to any third party who is within the orbit of harm.
By Cliff Rieders
8 minute read
October 26, 2023 | The Legal Intelligencer
Standing to the Rescue, at Least for the Pa. Supreme CourtPlaintiff Zachary Greenberg is a Pennsylvania-licensed attorney who regularly gives continuing legal education presentations about First Amendment protections for offensive speech. His presentations involve quoting offensive language from judicial opinions and discussing arguably controversial topics. Greenberg fears his speech at these presentations will be interpreted as harassment or discrimination under the rule.
By Cliff Rieders
7 minute read
September 28, 2023 | The Legal Intelligencer
Attorney-Client Communications and Attorney Work Product—Always Subjects for DebateThe questions of attorney-client communications and attorney work product seem always to be subjects for debate. There are some principles and issues in the law that never go away, and that are never resolved no matter how many opinions or adjudications flow forth from the "Oracle at Delphi."
By Cliff Rieders
10 minute read
August 31, 2023 | The Legal Intelligencer
Common Sense Medical Records, Billing Legislation to Help ConsumersTwo issues that consumers complain about all the time, and for good reason, concern the difficulty of obtaining and understanding medical records and surprise billing that consumers receive from hospitals and doctors after an appointment, procedure or operation.
By Cliff Rieders
6 minute read
August 17, 2023 | The Legal Intelligencer
Still a Hot Topic: When Is Arbitration Not Arbitration?Sapp v. Industrial Action Servsices, 2023 U.S. App. LEXIS 18428, 2023 WL 4632784 (3d Cir. July 20, 2023) (Ambro, C.J.), from the U.S. Court of Appeals for the Third Circuit, is an interesting twist on the issue of when an arbitration is required.
By Cliff Rieders
5 minute read
July 13, 2023 | The Legal Intelligencer
Prisoner Rights, Involuntary Servitude, Forced Labor and the Minimum WageThe U.S. Court of Appeals for the Third Circuit case of Burrell v. Staff, 60 F.4th 25 (3d Cir. 2023) (Nygaard, C.J.), raises interesting and rarely used legal procedures for relief.
By Cliff Rieders
12 minute read
June 08, 2023 | The Legal Intelligencer
Just How Offensive Is Offensive Collateral Estoppel?The trial court entered partial summary judgment against Lloyd and explained that by finding Lloyd guilty of voluntary manslaughter, the jury had found beyond a reasonable doubt that Lloyd had committed an intentional and unjustified killing—that is, Lloyd did not act in justifiable self-defense. The trial court thus found that the principles of collateral estoppel were applicable and barred Lloyd from relitigating intent in the Rogers civil action.
By Cliff Rieders
7 minute read