August 26, 2021 | The Legal Intelligencer
A Tale of Two Employers: Case Raises Question of IndemnityMcLaughlin v. Nahata, 2021 Pa. Super. LEXIS 486 (July 28, 2021) (Murray, J.), although a case from our intermediate appellate court, raises the very interesting question of indemnity between two different entities employing doctors found liable for negligence.
By Cliff Rieders
9 minute read
July 08, 2021 | The Legal Intelligencer
Reasonable Medical Opinions: Case Highlights Never-Ending InquiryThe case of Mazzie v. Lehigh Valley Hospital (LVHM), 2021 Pa. Super. LEXIS 214, (April 16, 2021) (Nichols, J.) is illustrative. This case addressed not only the never-ending inquiry over what an adequate medical opinion sounds like, but also the circumstances in which new trials should be granted because of the damage award.
By Cliff Rieders
7 minute read
May 27, 2021 | The Legal Intelligencer
Poaching Is Not Just About Eggs: Opinion Strikes a Positive BalanceWe usually do not see many restraint of trade cases arising under the rubric of contracts or tort. Restraint of trade normally involves federal law under the antitrust statutes. While Pennsylvania does subscribe, as a common law obligation, to the federal antitrust laws, in the past our courts have unfortunately been dormant on the subject.
By Cliff Rieders
7 minute read
March 25, 2021 | The Legal Intelligencer
COVID-19 and Collateral Profits: What You Should KnowA family member came to me, who received a document titled "Fact Sheet for Recipients and Caregivers-Emergency Use Authorization (EUA) of the Pfizer-BioNTech COVID-19 Vaccine to Prevent Coronavirus Disease 2019 (COVID-19) in Individuals 16 Years of Age and Older."
By Cliff Rieders
7 minute read
February 25, 2021 | The Legal Intelligencer
Ruling: Representative Can Be Present for Entire Medical ExaminationJudge Paige Rosini, in the case of Ackley v. Terry Johns and Shared Supports, CV-2017-1757, (Northumberland Co. C. P. Dec. 29, 2020), determined on a joint motion for neuropsychological examination, that a representative may be present during the entirety of the exam.
By Cliff Rieders
13 minute read
January 28, 2021 | The Legal Intelligencer
Can Trump Be Disqualified From Office? History May Have the AnswerA new constitutional crisis has emerged with a question as to whether the president of the United States may be convicted by the Senate after being impeached by the House of Representatives subsequent to the president no longer holding office.
By Cliff Rieders
6 minute read
January 14, 2021 | The Legal Intelligencer
Facts or Philosophy: Which Should Drive Court Decisions?In the now much celebrated and talked about decision of Roman Catholic Diocese of Brooklyn v. Cuomo, 2020 U.S. LEXIS 5708, the facts seem to be more important than acknowledged by all of the self-made commentators rushing to judgment.
By Cliff Rieders
7 minute read
December 30, 2020 | The Legal Intelligencer
Counting Votes and the Rule of LawThere are few reads as distressing as Tracy Campbell's, Deliver the Vote. The corruption in American elections, whether it be to disenfranchise African Americans after the Civil War or the machine politics that put both Lyndon Johnson and Harry Truman in the Senate, is difficult fully to grasp. It is almost as though voter fraud is endemic to American history.
By Cliff Rieders
9 minute read
December 04, 2020 | The Legal Intelligencer
Sauce for Goose and Gander: Preliminary Objections ExplainedPreliminary objections, in the world occupied by most lawyers, are typically about the party being sued raising a number of issues to be determined at the outset of the case, such as jurisdiction, venue and whether a legal claim is stated.
By Cliff Rieders
6 minute read
October 01, 2020 | The Legal Intelligencer
Shooting Man's Best Friend: Third Circuit Affirms DismissalThe decision in Bletz v. Corrie addressed potential police liability when police officers shoot man's best friend.
By Cliff Rieders
5 minute read
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