March 11, 2021 | The Legal Intelligencer
Eminent Domain in Pennsylvania, Part IV—Who Can Condemn?Beyond the commonwealth agencies such as PennDOT and the Turnpike Commission that frequently exercise the power of eminent domain, there are a number of political subdivisions, authorities and public utilities with that power.
By James C. Sargent Jr. and Katherine E. LaDow
9 minute read
November 19, 2020 | The Legal Intelligencer
Eminent Domain in Pennsylvania––Part III, Challenging the TakeThe condemnee has a limited ability to challenge the governmental taking of his property. Pennsylvania's Eminent Domain Code (the code), gives the condemnee the right to oppose a condemner's declaration by filing with the court of common pleas a legal document called "preliminary objections."
By James C. Sargent Jr. and Katherine E. LaDow
9 minute read
October 08, 2020 | The Legal Intelligencer
Eminent Domain in Pennsylvania—Valuation Proceedings, Part IIEither the condemnor or the condemnee can institute valuation proceedings by filing a petition with the Common Pleas Court requesting appointment of a board of viewers. The content of the petition is specified in Section 502(a). A petition is substantially the same form whether a property owner claims a de facto taking or inverse condemnation.
By James C. Sargent Jr. and Katherine E. LaDow
9 minute read
September 10, 2020 | The Legal Intelligencer
Eminent Domain in Pennsylvania: Part I, the FundamentalsPennsylvania's Eminent Domain Code, 26 Pa.C.S.A. Section 101, codifies one of the most extraordinary and ominous powers of government—the right to condemn or, more simply, "take" private property by filing a declaration of taking under the code, which results in immediate transfer of legal title to the property to the government.
By James C. Sargent Jr. and Katherine E. LaDow
9 minute read
May 08, 2020 | The Legal Intelligencer
Does a Deponent Have a Right to Change His Testimony by Way of an Errata Sheet?Federal courts are split on the interpretation of "changes in form or substance" as described in F.R.C.P. 30(e). Some federal courts have held that the rule only permits corrections to deposition testimony if an error was made by the court reporter in transcribing the witness' statement.
By Katherine E. LaDow
7 minute read
April 05, 2018 | The Legal Intelligencer
DOJ Issues Two 2018 Memoranda Related to Actions Brought Under the FCAThe U.S. Department of Justice (DOJ) issued two internal memoranda in January which relate to the agency's role in actions brought under the False Claims Act (FCA) 31 U.S.C. Section 3729.
By Vasilios J. Kalogredis and Katherine E. LaDow
5 minute read
March 01, 2018 | The Legal Intelligencer
Doctors: Partnership Merger Deal Will Turn Us Into 'Indentured Servants'On Dec. 19, 2017, a group of New York physicians filed a verified complaint in the U.S. Supreme Court of the state of New York County of Westchester, challenging their partnership's merger with a large hospital practice. The physicians challenging the merger claim that the deal will reduce them to “indentured servants.”
By Vasilios J. Kalogredis and Katherine E. LaDow
6 minute read
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