The Legal Intelligencer | Best Practices|Commentary
By Edward T. Kang | October 19, 2017
The jury was thoroughly confused when a witness testified through an interpreter that he paid hundreds of thousands of dollars for a ladder in a construction case I tried a few years ago.
The Legal Intelligencer | Commentary
By Samuel C. Stretton | October 19, 2017
Payment to witnesses who are not experts is very limited and governed to a large extent by the Rules of Professional Conduct. Under Pennsylvania Rules of Professional Conduct, Rule 3.4(b), a lawyer cannot pay or offer payment to a witness contingent upon the content of the witness' testimony or the outcome of the case.
The Legal Intelligencer | News
By Max Mitchell | The Legal Intelligencer | October 19, 2017
An attorney representing the DEP told the state Supreme Court that, in the year since the Marcellus Shale Coalition won a preliminary injunction blocking portions of new oil and gas drilling regulations, over 700 sites have been drilled.
The Legal Intelligencer | News
By Max Mitchell | The Legal Intelligencer | October 18, 2017
Appellate courts in Pennsylvania have distorted case law dealing with sovereign immunity and improperly created an arbitrary distinction for highway guardrails, an attorney argued before the state Supreme Court.
The Legal Intelligencer | News
By Max Mitchell | October 18, 2017
If the state Supreme Court upholds a decision that workers' compensation lawyers can be ordered to pay the employer's attorney fees for unreasonable contest, if the employer prevails on appeal, there will be a chilling effect on smaller cases, a lawyer representing a claimant told the justices.
The Legal Intelligencer | News
By P.J. Dannunzio | The Legal Intelligencer | October 13, 2017
The former same-sex partner of a child's biological mother cannot claim she is entitled to custody of the child since she has no biological connection to him, nor has she legally adopted him, the state Superior Court has ruled.
The Legal Intelligencer | Commentary
By Frank Kosir Jr. | October 12, 2017
In recent months, Pennsylvania appellate courts addressed the issues of title insurer's liability for deed drafting errors, as well as a municipality's ability to collect fines for illegally constructed structures during the pendency of the property owner's appeal.
The Legal Intelligencer | Commentary
By Stephen T. Kopko and Daniel E. Cummins | October 12, 2017
As practitioners, attorneys sometimes tend to overlook the small, mundane, but otherwise extremely important tasks. However, this neglect can lead to a variety of troubles in your practice and for your client.
The Legal Intelligencer | Commentary
By Samuel C. Stretton | October 12, 2017
To evaluate the issue, one has to get away from the news articles and stories. The Pennsylvania Supreme Court, a few years ago, added Rule of Professional Conduct 5.7 that talks about when a law firm is involved in a non-law related business.
The Legal Intelligencer | Commentary
By Kacey C. Wiedt and Audrey L. Copeland | October 12, 2017
In June, the Pennsylvania Supreme Court declared Section 306(a.2), the impairment rating evaluation provisions of the Pennsylvania Workers' Compensation Act, to be unconstitutional under Article I, Section II of the Pennsylvania Constitution pursuant to the nondelegation doctrine in Protz v. Workers' Compensation Appeal Board (Derry Area Schchool District), 161 A.3d 827 (Pa. 2017) (Protz II).
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