Peter F Vaira

October 31, 2006 | Law.com

The court's decision in holding that counsel's failure to permit their client to proffer was evidence of a conflict fails to consider the reality of the role of competent defense counsel in representing a witness, either subject or target.

By Peter F. Vaira

10 minute read

June 13, 2006 | The Legal Intelligencer

Local Criminal Rule 16(b) was amended in 1997 to become Local Criminal Rule 41.1(b). There is substantial evidence that there is a typographical error in the text of the amended rule that changed the procedure required for assigning wire interception applications to district court judges.

By Peter F. Vaira

8 minute read

September 17, 2007 | The Legal Intelligencer

A federal grand jury witness, recalled to testify before the grand jury, should have a right to examine the transcript of his or her prior testimony. Up to now courts have rarely granted such requests. The Department of Justice has consistently opposed an

By Peter F. Vaira

8 minute read

October 11, 2005 | The Legal Intelligencer

In 1993, the late Judge Robert S. Gawthrop issued a pre-trial order regarding a discovery dispute in Hall v. Clifton Precision, which caused immediate turbulence among the litigating bar. Although the order applied only to that case, the opinion could have been adopted by other judges.

By Peter F. Vaira

9 minute read

January 26, 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

March 08, 2005 | The Legal Intelligencer

The electronic case filing (ECF) system has been in use in the Eastern District of Pennsylvania since May 16, 2002, when the court adopted Rule 5.1.2 of the Local Rules of Civil Procedure. The system allows counsel to file documents via the Internet using their Web browsers and to have immediate access to other documents filed electronically. Documents may be filed and viewed 24 hours a day.

By Peter F. Vaira

6 minute read

November 17, 2008 | The Legal Intelligencer

The Supreme Court case of Exxon Shipping, et al. v. Baker, 128 S. Ct. 2605, (2008) concerned the grounding of the Exxon Valdez super tanker in Alaska in 1989, and the oil spill

By Peter F. Vaira

8 minute read

March 09, 2010 | The Legal Intelligencer

In Brady v. Maryland and Giglio v. United States, the U.S. Supreme Court established the rule that defendants in criminal trials have a due process right to receive favorable information from prosecutors regarding the defendants' conduct that would aid in the defense of the charges.

By Peter F. Vaira

7 minute read

June 14, 2005 | The Legal Intelligencer

Unknown to many litigators, U.S. magistrate judges have the power to conduct civil jury and nonjury trials with the same authority and jurisdiction as district court judges. The use of the magistrate judges for civil trials is slowly gaining acceptance in this district, but the greatest impediment to their use are two historical misconceptions.

By Peter F. Vaira

7 minute read

April 04, 2006 | The Legal Intelligencer

Since 1978, the Eastern District of Pennsylvania has had a compulsory arbitration program for certain civil cases which request only money damages under a specified amount. The plaintiff must indicate on the civil designation form, filed with the clerk, that the requested damages exceed $150,000 in order to be exempt from arbitration.

By Peter F. Vaira

8 minute read