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Max Mitchell

Max Mitchell

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].

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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 Rules

Can 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. Arguments

The 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 Admissibility

A 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 Overturned

The 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 Removal

The 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 Justices

In 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 Laws

The 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 Unenforceable

The 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 Justices

A 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