Max Mitchell is ALM's Regional Managing Editor for The Legal Intelligencer, New Jersey Law Journal, Delaware Business Court Insider and Delaware Law Weekly. Follow him on Twitter @MMitchellTLI. His email is [email protected].
September 17, 2013 | The Legal Intelligencer
Protection of Pre-Arrest Silence Argued Before JusticesIn two separate cases before the Pennsylvania Supreme Court, attorneys for the state argued that defendants must invoke their Fifth Amendment rights to keep pre-arrest silence from being mentioned in court.
By Max Mitchell
6 minute read
September 24, 2013 | The Legal Intelligencer
Pa. Justices to Mull Applicability of DUI Sentencing LawsThe Pennsylvania Supreme Court will consider whether a provision that guides sentencing defendants convicted of driving under the influence is mandatory, or if it is an optional provision that can be disregarded at the court's discretion.
By Max Mitchell
5 minute read
September 10, 2013 | The Legal Intelligencer
Ambiguous Auto Policy Renders Household Exclusion UnenforceableThe definition of the word "you" in the household exclusion section of Harleysville Insurance's excess underinsured motorist policy is too ambiguous, a Blair County judge has found.
By Max Mitchell
5 minute read
October 04, 2013 | Law.com
Ex-Congressman Suspended for Five Years by JusticesA former congressman and state auditor general, who has accused federal judges of malfeasance, misconduct and abuse of power, has been suspended from practice for five years.
By Max Mitchell
4 minute read
October 01, 2013 | The Legal Intelligencer
Sale of Bath Salts Doesn't Warrant Punitives Against Store OwnerA plaintiff may not seek punitive damages against a store owner for selling synthetic compounds commonly referred to as bath salts, even if the seller knows the buyer may use the substance in a harmful way, a Monroe County Court of Common Pleas judge has ruled.
By Max Mitchell
4 minute read
September 24, 2013 | The Legal Intelligencer
County Must Answer Allegations of Inmate NegligenceAn inmate on a work detail can be considered a public employee, the Commonwealth Court has ruled, in a decision that could open the door to liability against a government entity for injuries that may stem from these work assignments.
By Max Mitchell
6 minute read
October 08, 2013 | The Legal Intelligencer
Superior Court Finds Wrongful Proceedings Case Lacks MeritA wrongful use of civil proceedings case against an attorney has been tossed out after the Superior Court found that the plaintiff did not show that the attorney filed suit for purposes other than pursuing discovery and seeking a judgment.
By Max Mitchell
5 minute read
October 01, 2013 | The Legal Intelligencer
Justices to Mull Idle, Unheard Threat in Parole Violation CaseThe Pennsylvania Supreme Court has agreed to hear argument on whether threatening to kill a man and feed him to pigs constitutes assaultive behavior if the threats were not communicated to the intended target and no actions were taken to implement the threats.
By Max Mitchell
4 minute read
October 21, 2013 | The Legal Intelligencer
Jury Commissioner Elimination OK'd as County Gov't MeasureDetermining that jury commissioner offices are county and not judicial positions was the key factor in the state Supreme Court's determination that the law allowing counties to abolish jury commissioner offices is constitutional.
By Max Mitchell
6 minute read
October 01, 2013 | The Legal Intelligencer
Courts Continue to Side With Government in Immunity CasesPennsylvania courts in recent years have rarely allowed plaintiffs to seek damages against commonwealth agencies, stemming a trend toward granting exceptions to governmental and sovereign immunity in several important cases during the 1980s and 1990s.
By Max Mitchell
7 minute read
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