June 01, 2023 | The Legal Intelligencer
Saved From Malpractice Thanks to Relation Back DoctrineThanks to an interlocutory appeal by permission, the Pennsylvania Superior Court considered whether the relation back doctrine applies when a plaintiff timely filed an action on behalf of an estate but does not apply to be appointed the personal representative until after the statute of limitations has run.
By Cliff Rieders
8 minute read
March 23, 2023 | The Legal Intelligencer
Will Sabbath Observers Get Their Day of Rest From the Supreme Court?Where an employer's good-faith efforts to accommodate have been unsuccessful, the inquiry turns to whether the employer demonstrated that, "such an accommodation would work an undue hardship upon the employer and its business."
By Cliff Rieders
9 minute read
March 02, 2023 | The Legal Intelligencer
Asbestos Case Invigorates Duty of Care by an Employer to an EmployeeChapter 14 of the Restatement (Second) of Agency sets forth the rules that determine the liability of a master to a servant, or an employer to an employee. "In creating and maintaining the conditions of employment, the master has a duty to his servants to have precautions taken which reasonable care, intelligence and regard for the safety of his servants require."
By Cliff Rieders
4 minute read
February 02, 2023 | The Legal Intelligencer
Debate Over Separation of Powers: The Importance of the LawIsraelis can be happy and proud of one thing, they are the only democracy that the Middle East has ever known or will ever know in any of our lifetimes. Israel sets an example to the world as to how important the law really is.
By Cliff Rieders
9 minute read
January 12, 2023 | The Legal Intelligencer
Collateral Estoppel, Except Where It Isn't: Clearing Up the 'Color of State Law'McGuire v. Pittsburgh, 2022 Pa. LEXIS 1684 (Pa. S. Ct. November 23, 2022) (Wecht, J.), involved a dispute with respect to whether the city of Pittsburgh had a statutory duty to indemnify one of its police officers for a judgment entered against him in a federal civil rights lawsuit.
By Cliff Rieders
9 minute read
December 08, 2022 | The Legal Intelligencer
'Geist v. State Farm Mutual Automobile Insurance': Third Circuit Gets Into the ActAfter settling a tort claim against the driver and discovering that the driver's insurance coverage could not fully compensate her for her injuries, she sought to recover underinsured motorist (UIM) benefits under a personal automobile insurance policy issued to her parents, Kevin and Karen Iwasaki (the policy).
By Cliff Rieders
8 minute read
October 24, 2022 | The Legal Intelligencer
When Can Civil Litigation Be a Form of Gun Control?The Pennsylvania Superior Court in the case of Gustafson v. Springfield, has entered the fray as to when civil litigation can constitute a form of gun control.
By Cliff Rieders
6 minute read
September 29, 2022 | The Legal Intelligencer
Recent Case Shines Light on the Dark Web and Other MysteriesThe web is bad enough, when it comes to invasion of privacy, but the Dark Web is something else altogether. In the unique case of Clemens v. ExecuPharm, 2022 U.S. App. LEXIS 24808 (Sept. 2, 2022) (Greenaway, Jr., C.J.), the U.S. Court of Appeals for the Third Circuit had the opportunity of looking at the harm caused to a company employee when her privacy was invaded by the ominous Dark Web.
By Cliff Rieders
8 minute read
September 01, 2022 | The Legal Intelligencer
Hot Coffee Reimagined? Pa. Court Tackles Another McDonald's CaseIn Massaro v. McDonald's, McDonald's defended against allegations of negligence in a premises liability case by arguing that the plaintiff, a senior citizen, assumed the risk of a violent assault on McDonald's premises.
By Cliff Rieders
6 minute read
August 18, 2022 | The Legal Intelligencer
International Practitioners Beware: High Court Strikes Blow Against ArbitrationThe consolidated cases required the Supreme Court to decide whether private adjudicatory bodies count as "foreign or international tribunals." The court determined that they do not.
By Cliff Rieders
5 minute read