June 15, 2023 | Law.com
Mid Penn Bank Alleges Hotel Lied on PPP Application About Prior SBA Loan DefaultThis complaint was first surfaced by Law.com Radar.
By Riley Brennan
4 minute read
June 15, 2023 | The Legal Intelligencer
'Families Take on Many Forms': 3rd Circuit Clarifies Who Qualifies as 'Parent' Under IDEA"In writing the IDEA, Congress understood that families take many forms, but the bottom line is always the best interest of the child with a disability. That is why the IDEA has such a broad definition of the person assuming the role of 'parent,'" said the plaintiffs' attorney, Alan L. Yatvin of Weir Greenblatt Pierce, in Philadelphia.
By Riley Brennan
5 minute read
June 15, 2023 | Law.com
State High Court: Circuit Courts Have Jurisdiction to Address Felony Defendants' Competency, Suspend Preliminary Hearings"The plain language of Wyo. Stat. Ann. § 7-11-303(a) comports with procedural and constitutional law. For example, defendants have a right to counsel at a preliminary hearing, e.g., Coleman, Wilson, and a right to be present at that hearing," Boomgaarden wrote. "During the preliminary hearing, a defendant can introduce evidence and cross-examine witnesses to, among other things: raise doubts as to whether probable cause exists; illicit testimony for impeachment or other purposes at a later stage; and discover information to assist in preparation for trial."
By Riley Brennan
6 minute read
June 14, 2023 | Law.com
NIKE Accused of Placing Burden on Former Employee to Prove 'Religiousness' for COVID-19 Vaccine ExemptionThis complaint was first surfaced by Law.com Radar.
By Riley Brennan
3 minute read
June 14, 2023 | Law.com
State Appellate Court Considers Whether a Petitioner Must First Show a Witness Will Be Unavailable to Secure Order for Presuit Deposition"There is no evidence any of the Ecology witnesses pose a specific risk of unavailability. The record is silent as to their age, health, and future life plans," Pennell said. "Thus, the Board has not met its burden of establishing a need to perpetuate witness testimony under CR 27."
By Riley Brennan
4 minute read
June 14, 2023 | Law.com
First Circuit Sides With Vitamin Shoppe: Plaintiffs' State Law Claims Against Glutamine Supplement Preempted by Federal Law"In sum, because the contested statements about glutamine on Vitamin Shoppe's labels describe glutamine's effect on the human body's structure or function or explain how glutamine maintains that structure or function, they are structure/function claims under § 343(r)(6)(A)," First Circuit Judge Silvia Carreño-Coll wrote.
By Riley Brennan
7 minute read
June 14, 2023 | The Legal Intelligencer
Pennsylvania Judge Sides With Voters After Their Midterm 2022 Votes Were Disqualified, in Two Related CasesIn two related cases, a Pennsylvania district court sided with voters and organizational plaintiffs who challenged the disqualification of undated and incorrectly dated mail-in ballots.
By Riley Brennan
7 minute read
June 14, 2023 | Law.com
Montana Sues the National Association of Attorneys General, Looks to Determine State's Share of Assets"Montanans deserve a full accounting of their money being managed by NAAG. For the last year, I've been raising concerns over NAAG's financial mismanagement, but they have been unable to account for Montana's public funds and are not following state law. As promised, I'm taking them to court to hold them accountable to Montanans," Montana Attorney General Austin Knudsen said in an emailed statement.
By Riley Brennan
4 minute read
June 13, 2023 | The Legal Intelligencer
Jeffrey Goodman: Work on Condo Collapse Accord Earns Him Praise"We assembled a world class team of structural engineers, geotechnical engineers, hydrologists and other types of experts," said Goodman. "We then had to create by far the most complex protocols I've ever seen as to how the investigation would work."
By Riley Brennan
7 minute read
June 13, 2023 | Law.com
Federal Suit Allowed to Proceed Against Renovation Company Following 'Release of Lead Paint Residue' in Family's HomeThe Menericks sought damages for the counts in relation to the renovation and restoration of their nearly 200-year-old Abingdon, Virginia, home, alleging that Salem Heritage, which was originally hired to renovate and restore windows at the house, did not disclose that they were not licensed to work in Virginia, nor did they disclose that they were not possess the requisite lead certifications.
By Riley Brennan
5 minute read
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