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Cliff Rieders

Cliff Rieders

July 16, 2020 | The Legal Intelligencer

Practitioners Take Note: Don't Get Bitten by the Federal Tort Claims Act

Even 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 Pennsylvania

A 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 Courts

Judge 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 Arbitrate

In 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 Claims

I 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. Rules

Cliff 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

September 05, 2019 | The Legal Intelligencer

Cross or Crossroads? High Court Addresses Establishment Clause Violation

As Justice Samuel Alito, the writer of the majority opinion, was quick to point out, the cross stood for 89 years after its dedication before a lawsuit was filed claiming that the sight of it on public land was offensive to Humanist.

By Cliff Rieders

7 minute read

August 22, 2019 | The Legal Intelligencer

Amazon Gets Bitten—Third Circ. Tackles Internet Giant's 'Seller' Status

Heather Oberdorf took her dog for a walk, using a retractable leash. The dog lunged causing the D-ring on the collar to break. The leash recoiled hitting Oberdorf’s face and eyeglasses. She was permanently blinded in her left eye.

By Cliff Rieders

6 minute read