Cliff Rieders

July 07, 2017 | The Legal Intelligencer

There has been a strong movement for many years by politicians of all stripes and organizations affiliated with politicians to eliminate election of appellate judges. Keep elections of your local judges, the politicos say, but let someone else select judges for Pennsylvania Superior and Supreme courts.

By Cliff Rieders

6 minute read

June 08, 2017 | The Legal Intelligencer

To the practitioner who spends most of his time litigating in the state courts, removal to federal court may by an infrequent event, and the receipt of a notice of removal might cause some unease because of unfamiliarity with the mechanics and underlying law. Whether the practitioner is seeking to remove a case to federal court, or attempting to have it remanded, the obvious place to start, of course, is the statute governing removal, which is found at 28 U.S. C. Section 1441.

By Cliff Rieders

12 minute read

May 25, 2017 | The Legal Intelligencer

Pennsylvania's Patient Safety Authority (PSA) has completed its annual report to the Legislature, as required by law. When I helped to fashion the Pennsylvania Patient Safety Authority in 2001 as part of the MCARE Act, hardly could it have been imagined that the authority would grow to an entity of national, and even international, recognition.

By Cliff Rieders

11 minute read

April 13, 2017 | The Legal Intelligencer

Rule 4003.7 has been a part of the Pennsylvania Rules of Civil Procedure since 1997. Twenty years have passed since its adoption, but uncertainty still abounds. Under what circumstances and at what stage of the proceedings may a party obtain information regarding the wealth of a defendant for purposes of a punitive damages claim?

By Cliff Rieders

13 minute read

March 02, 2017 | The Legal Intelligencer

The old gunslinger is known as the fastest man in the West. He is so quick that he fires his gun before it is out of his holster; and guess what? He has shot himself in the foot.

By Cliff Rieders

12 minute read

January 05, 2017 | The Legal Intelligencer

Privacy has always been a somewhat ephemeral concept. We do not protect privacy as such in the Constitution of the United States. However, the courts see privacy as a penumbra of several constitutional protections. What the courts have done is to create a metaphor between privacy and a solar eclipse. During a total solar eclipse, there is the appearance of a ring of fire seen around the moon. That ring is something that scientists call the penumbra. Therefore, while privacy is not explicitly mentioned in the Constitution, we can see it as a ring around the Bill of Rights.

By Cliff Rieders

10 minute read

December 09, 2016 | The Legal Intelligencer

Act 16, which was signed by Gov. Tom Wolf on April 27, legalized medical marijuana under certain parameters (see 35 P.S. Section 10231.101-35 P.S. Section 10231.2110). Once signed, the new law will take between 18 to 24 months to implement.

By Cliff Rieders

11 minute read

October 06, 2016 | The Legal Intelligencer

Drones, medical help via smartphones, self-driving cars, medical marijuana and the web watchers invading every element of privacy we have left. What is this world coming to? Perhaps more importantly, what is the role of the law in protecting citizens?

By Cliff Rieders

10 minute read

September 08, 2016 | The Legal Intelligencer

Federal pre-emption has evolved from the supremacy clause of the U.S. Constitution. When a conflict arises between federal and state law, federal law supersedes state law. There are three forms of pre-emption: express, implied and field pre-emption. Many federal statutes contain express pre-emption provisions that trigger pre-emption.

By Cliff Rieders

15 minute read

June 16, 2016 | The Legal Intelligencer

It is not uncommon for family practice physicians to refer patients to specialists. When that occurs, is the family practice physician or internist who continues to follow the patient relieved of responsibility as a result of the referral?

By Cliff Rieders and Pamela Shipman

11 minute read