By Charles Toutant | July 28, 2017
More than 2,100 suits by users of the acne drug Accutane who developed Crohn's disease have been reinstated after an appeals court ruled that expert testimony on behalf of plaintiffs was improperly excluded by the trial judge.
By therecorder | The Recorder | July 28, 2017
C.A. 3rd; C081760 The Third Appellate District affirmed a judgment. The court held that appellate counsel’s “egregious violations of basic…
By Cogan Schneier | July 28, 2017
The appeals court sided with a passengers' group that the FAA should reconsider a petition to regulate aircraft seat sizes.
By thelegalintelligencer | The Legal Intelligencer | July 28, 2017
Plaintiffs failed to establish a final disposition from which they could take an appeal where the court granted defendants summary judgment on all but one count and transferred that remaining count for resolution through arbitration. The court recommended that plaintiffs' appeal be quashed or, alternatively, that its decision be affirmed.
By thelegalintelligencer | The Legal Intelligencer | July 28, 2017
The Workers' Compensation Appeal Board did not err in its application of Act 46, which designated cancer in firefighters as an occupational disease, since the statute makes clear that any claimant who files a timely claim after the act's effective date is entitled to the benefits of Act 46. The court affirmed the Board's decision affirming in part and reversing in part a workers' compensation judge's ruling.
By thelegalintelligencer | The Legal Intelligencer | July 28, 2017
PUC properly held that it had no authority over the transfer of "partial rights" to operate a taxi in Philadelphia because the Philadelphia Parking Authority had complete authority over taxi companies providing service within the city and had exclusive authority to grant, deny or impose conditions on the transfer of the portion of operational rights within the city. Affirmed.
By thelegalintelligencer | The Legal Intelligencer | July 28, 2017
In this case of first impression, the appellate court held that a developer's filing of a mandatory sketch plan created a vested right of consideration of the plan as well as any future related zoning applications under the ordinance in effect at the time the sketch plan was filed. The court affirmed a decision granting the developer's application for special exceptions.
By thelegalintelligencer | The Legal Intelligencer | July 28, 2017
Trial court erred in finding donative intent when husband and wife refinanced the residence they bought before marriage and the new deed changed their ownership from joint tenants with the right of survivorship to a tenancy by the entireties because the evidence showed that the new deed was executed because wife's name changed and the bank required it, the parties never discussed whether there was a gift or not and the parties continued to split all the expenses fifty-fifty. Order vacated.
By thelegalintelligencer | The Legal Intelligencer | July 28, 2017
Trial court erred in finding that there was no enforceable arbitration agreement between appellee and hospital because there was no blanket prohibition on the arbitration of whistleblower claims, a public forum was not necessary to preserve the deterrent function of that law and the broad language of the clause applied to all claims relating to or arising from the parties' contractual relationship, not just claims arising from an alleged breach of the agreement. Reversed.
By thelegalintelligencer | The Legal Intelligencer | July 28, 2017
Zoning board erred in denying applicant's special exception application to construct 11 duplexes because applicant met the objective requirements for a special exception, the proposed duplexes were consistent with the purpose of the ordinance and objector's expressed fears were speculative at best. Reversed.
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