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].
October 16, 2013 | The Legal Intelligencer
Restatement Arguments Focus on 'Alternative Product'Adopting the Restatement (Third) of Torts and forcing a plaintiff to prove the existence of a reasonable alternative product could create an "insurmountable hurdle" for plaintiffs in products liability cases, the plaintiff's counsel in Tincher v. Omega Flex argued before the state Supreme Court.
By Max Mitchell
5 minute read
October 22, 2013 | The Legal Intelligencer
DEP Argues for Power to Shape Mine Safety RulesCan the Pennsylvania Department of Environmental Protection interpret the Bituminous Coal Mine Safety Act to protect miner safety, or does it first need to go through the Board of Coal Mine Safety?
By Max Mitchell
4 minute read
October 15, 2013 | The Legal Intelligencer
Critical Products Liability Debate Highlights Supreme Ct. ArgumentsThe state Supreme Court is set to hear whether the Restatement (Second) of Torts or the Restatement (Third) of Torts should govern Pennsylvania products liability at oral arguments today in Pittsburgh.
By Max Mitchell
8 minute read
October 22, 2013 | The Legal Intelligencer
Justices Eye Mental Health Records AdmissibilityA complaint that raises issues about a plaintiff's mental condition should be considered a waiver to the protections under the Mental Health Procedures Act, a defense attorney representing a truck driver, who was allegedly involved in a suicide-by-truck incident, argued before the state Supreme Court.
By Max Mitchell
4 minute read
October 08, 2013 | The Legal Intelligencer
Summary Judgment for Repeat Discovery Problems OverturnedThe Superior Court has set aside summary judgment for defendants in a business dispute plagued with discovery delays.
By Max Mitchell
5 minute read
October 15, 2013 | The Legal Intelligencer
Justices Rule Railroad Must Share Costs of Bridge RemovalThe Public Utility Commission has the power to charge a railroad company for demolishing a structure near the railroad line that the company uses but does not own, the state Supreme Court has ruled.
By Max Mitchell
4 minute read
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
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