Max Mitchell

May 06, 2014 | The Legal Intelligencer

A finding of fraud in U.S. Bankruptcy Court does not mean that the issue has already been decided for liability purposes in Pennsylvania courts, the state Superior Court has ruled in an apparent issue of first impression.

By Max Mitchell

5 minute read

May 06, 2014 | The Legal Intelligencer

The Loan Interest and Protection Act, which prohibits residential mortgage lenders from collecting excessive fees and charges, does not provide a plaintiff a cause of action to sue a lender's attorney for allegedly collecting excessive fees, the state Superior Court has ruled.

By Max Mitchell

6 minute read

May 06, 2014 | The Legal Intelligencer

Kicking off an oral argument session packed with first-impression issues, the state Supreme Court justices are set to hear arguments about the constitutionality of a statutory damages cap that slashed an injured student's $14 million verdict against the state to $500,000.

By Max Mitchell

5 minute read

May 02, 2014 | The Legal Intelligencer

The state Supreme Court has agreed that a person who, according to an appeals court opinion, threatened to "kill" a man and "feed him to the pigs" had engaged in assaultive behavior, even when the threats were not communicated to the intended target and no actions were taken to implement the threats.

By Max Mitchell

2 minute read

April 29, 2014 | The Legal Intelligencer

The state Supreme Court has agreed to consider whether an insured tortfeasor can assign bad-faith claims against his insurance carrier to the injured plaintiff.

By Max Mitchell

5 minute read

April 29, 2014 | The Legal Intelligencer

The beneficiaries of a union's employee benefits trust fund will not be able to pursue a mechanic's lien claim against the developer of a project that the beneficiaries worked on, the state Supreme Court has ruled.

By Max Mitchell

5 minute read

April 29, 2014 | The Legal Intelligencer

Defendants may not require multiple physical examinations of plaintiffs in cases where different doctors treated separate orthopedic conditions, a Lackawanna County Court of Common Pleas judge has ruled.

By Max Mitchell

5 minute read

April 29, 2014 | The Legal Intelligencer

A Commonwealth Court decision questioning the consent decree between Penn State and the NCAA that imposed $60 million in monetary sanctions over the Jerry Sandusky child sex-abuse scandal exemplifies the broad discretion of judges in determining what issues should be considered, attorneys and court watchers told Pennsylvania Law Weekly.

By Max Mitchell

6 minute read

April 22, 2014 | The Legal Intelligencer

A trust will follow the same rules as estates and corporations when it comes to determining whether an attorney is required to initiate or fight litigation, an Adams County Court of Common Pleas judge has ruled.

By Max Mitchell

5 minute read

April 22, 2014 | The Legal Intelligencer

The question of whether or not spreading a fertilizer made from recycled sewage sludge, known as biosoilids, on a York County farm constitutes a "normal agricultural practice" should be left to a jury, the state Superior Court has ruled.

By Max Mitchell

6 minute read