September 03, 2020 | The Legal Intelligencer
Robocalls Get the Boot: Supreme Court Tackles Annoying PracticeThis case must be influenced by how aggravated people get about Robocalls. I am told that landlines and cellphones have been thrown through windows, down cliffs and into large bodies of water because of repeated, irritating, annoying, invasive robocalls.
By Cliff Rieders
5 minute read
August 20, 2020 | The Legal Intelligencer
Separation of Powers—or Is It Delegation of Powers—Is Alive and WellIn Seila Law v. Consumer Financial Protection Bureau, 2020 U.S. LEXIS 3515 (June 29, 2020) U.S. Supreme Court Chief Justice John Roberts delivered the opinion of the court with respect to Parts I, II and III. He addressed the infrequently crossed rubicon concerning separation of powers. This decision is almost a delegation of powers issue as well.
By Cliff Rieders
5 minute read
July 16, 2020 | The Legal Intelligencer
Practitioners Take Note: Don't Get Bitten by the Federal Tort Claims ActEven a careful attorney may not necessarily know that what was thought and assumed to be a private entity or a state actor is actually considered by law to fall under the auspices of the Federal Tort Claims Act.
By Cliff Rieders
8 minute read
June 04, 2020 | The Legal Intelligencer
The Limits of Police Power in PennsylvaniaA case decided by the Pennsylvania Supreme Court Sept, 11, 2019, may have considerable impact on questions concerning the state's response to the COVID-19 crisis.
By Cliff Rieders
5 minute read
March 26, 2020 | The Legal Intelligencer
Immigration Case Sparks Talmudic Discourse in the Federal CourtsJudge Stephanos Bibas of the U.S. Court of Appeals for the Third Circuit authored an opinion in E.O.H.C. v. U.S. Department of Homeland Security, 2020 U.S. App. LEXIS 4628, by a citation to Mishnah, Pirkei Avot 1:14, utilizing the highly regarded advice from Hillel Elder.
By Cliff Rieders
6 minute read
February 27, 2020 | The Legal Intelligencer
Report: Med Mal Claims Have Little Affect on Available Health Care in Pa.The question is, whether doctors and hospitals should continue to receive this special treatment or whether they should be treated like any other person or entity that can be sued wherever they are found doing business on a regular and substantial basis?
By Cliff Rieders
8 minute read
January 16, 2020 | The Legal Intelligencer
Hyperlink Hype?: Judge Rejects Uber's Bid to ArbitrateIn the somewhat prosaic case of Kemenosh v. Uber Technologies, Judge Abbe Fletman addressed the question of whether an Uber arbitration clause bound an injured passenger.
By Cliff Rieders
6 minute read
December 19, 2019 | The Legal Intelligencer
Are Doctors Protected From Giving Their Opinions?How many times have you asked a question of a doctor at a deposition only to be faced with an objection that the doctor does not have to give an opinion? This seems especially true when the physician is the treating doctor and therefore in the best position to know what the standard of care is.
By Cliff Rieders
7 minute read
December 05, 2019 | The Legal Intelligencer
Certificates of Merit and Vicarious Liability ClaimsI decided to take another look at this interesting and complex question. Under the Pennsylvania Rules of Civil Procedure, a certificate of merit has to be based upon the statement of a licensed professional.
By Cliff Rieders
11 minute read
October 03, 2019 | The Legal Intelligencer
'Pellegrino' Revisited: TSOs Are Officers of the US, Third Circ. RulesCliff Rieders In my first article on Pellegrino v. Transportation Safety Administration, No. 15-3047 (3d Cir. July 11, 2018) (Krause, J.), I predicted that, when revisited, the panel decision supporting the district court's grant of summary judgment in favor of the United States would be overturned. This time, I was correct!
By Cliff Rieders
5 minute read
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