Peter F Vaira

September 09, 2008 | The Legal Intelligencer

Last month The Legal Intelligencer published an editorial criticizing the Pennsylvania procedure of installing judges and justices to fill interim vacancies on the appellate courts. In view of the importance and timeliness of this issue, the regular federal subject matter of this column will be replaced with a discussion of this process.

By Peter F. Vaira

5 minute read

November 13, 2012 | The Legal Intelligencer

The U.S. District Court for the Middle District of Pennsylvania has amended its local Criminal Rule 32.7 to require mutual discovery of all material supplied to the probation officer by the prosecutor and defense counsel for use in preparation of the presentence report, which the court relies upon in determining the sentence.

By Peter F. Vaira

7 minute read

October 30, 2006 | Law.com

Editors Note: This is part one of two parts. Part two will run tomorrow. The current federal grand jury investigation regarding employees and officials of the Pennsylvania State Senate, In re Grand Jury Investigation, has raised numerous issues in which the role of the defense attorneys has been called into question.

By Peter F. Vaira

10 minute read

January 08, 2008 | Law.com

Occasionally I have been fortunate to engage the services of G. Rowland Zigwhy, law firm consultant, who specializes in solving problems for those engaged in the practice of law.

By Peter F. Vaira

5 minute read

September 13, 2011 | The Legal Intelligencer

This article discusses litigation costs that may be awarded to the prevailing party in a lawsuit pursuant to Local Civil Rule 54.1 and 28 U.S.C. § 1920. The article will not discuss the award of attorney fees.

By Peter F. Vaira

9 minute read

November 11, 2008 | The Legal Intelligencer

The Supreme Court case of Exxon Shipping, et al. v. Baker concerned the grounding of the Exxon Valdez super tanker in Alaska in 1989, and the oil spill damages resulting from that event. The Supreme Court reduced the punitive damages awarded by the jury based upon the application of federal maritime law, utilizing a one-to-one ratio to actual damages.

By Peter F. Vaira

8 minute read

May 13, 2008 | The Legal Intelligencer

The public and the bar are familiar with federal prosecutions of local and state officials like the indictment of state Sen. Vincent Fumo and the convictions of former Philadelphia Treasurer Corey Kemp and former Councilman Rick Mariano. U.S. attorneys across the country are involved in similar prosecutions.

By Peter F. Vaira

8 minute read

November 09, 2010 | The Legal Intelligencer

In Chicago, the Northern District of Illinois, five former magistrate judges have been promoted to seats on the district court. In New Jersey, eight former magistrate judges have been appointed to the federal district court, including one who is now on the 3rd U.S. Circuit Court of Appeals. In the Eastern District of Pennsylvania, there has been none.

By Peter F. Vaira

7 minute read

January 13, 2009 | The Legal Intelligencer

Most litigators are familiar with the traditional mediation process, where all parties present their positions to the mediator, and the mediator gives his or her view of a likely outcome and the reasonable value of the case.

By Peter F. Vaira

9 minute read

April 04, 2013 | New Jersey Law Journal

Questions from jurors to witnesses during trial is promoted by some federal judges, rejected by others and cautiously permitted by circuit courts with words of reservation. State courts on the whole are more receptive of the process. Appellate courts that permit the practice leave the decision to the discretion of the trial courts. This article explores the differing positions.

By Peter F. Vaira

6 minute read