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High Court Shuts Door on Claims Against Insurance Salesman
Plaintiffs looking to sue insurance salesmen and financial advisers must be able to show they ceded decision-making control to the defendants before they can pursue claims for breach of fiduciary duty, the Pennsylvania Supreme Court has ruled.2017 Lawyers on the Fast Track
2017 Lawyers on the Fast TrackMunicipality Cannot Initiate Civil Enforcement While Appeal Is Pending
On March 29, the Commonwealth Court rendered a decision in Borough of West Conshohocken v. Soppick, 2017 Pa. Commw. LEXIS 90 (Pa Commw. Ct. 2017), significantly limiting when a municipality may initiate a civil enforcement action seeking a judgment for fines for the alleged violation of its zoning ordinance.The Legal Names 2017 Lawyers on the Fast Track
Earlier in the year, The Legal asked the Pennsylvania legal community to submit nominations for our annual Lawyers on the Fast Track. The nomination forms and any letters of recommendation accompanying them were then sent to a six-member judging panel composed of evaluators from all corners of the legal profession and the state.In 'Unusual' Move, DEP Taps DC Litigator for Pa. High Court Appeal
The Pennsylvania Department of Environmental Protection has made the rare move of enlisting a lawyer from outside the agency—and, even more unusually, from outside the state—to argue an environmental case before the Pennsylvania Supreme Court.In 'Unusual' Move, DEP Taps DC Litigator for Pa. High Court Appeal
The Pennsylvania Department of Environmental Protection has made the rare move of enlisting a lawyer from outside the agency—and, even more unusually, from outside the state—to argue an environmental case before the Pennsylvania Supreme Court.More Notable Laterals: The Runners-Up
Aside from the list of top lateral hires, a number of attorneys made moves worth noting in 2016.Established Evidentiary Standards for Special Exception Applications
The Pennsylvania Municipalities Planning Code, 53 P.S. Section 10101, et seq., (MPC), the state law establishing the framework for zoning and land use development regulations in Pennsylvania, authorizes a municipality to adopt a zoning ordinance containing provisions permitting uses of land by special exception administered by the zoning hearing board.Commonwealth Court En Banc Clarifies Eligibility for UC Benefits
A divided Commonwealth Court en banc has clarified the roles employers and employees must play in preserving the employment relationship in cases where a worker's medical condition necessitates a change of position.Employment Law Issues in Pennsylvania's Medical Marijuana Act
Act 16 of 2016, the Medical Marijuana Act (MMA), 35 Pa.C.S.A. §10231.101, et seq., effective May 17, 2016, puts Pennsylvania among the growing number of states permitting the use of marijuana for prescribed medicinal purposes. The MMA, like all state laws purporting to "legalize" marijuana use, squarely conflicts with federal law, which still considers marijuana to be a Schedule 1 substance under the Controlled Substances Act with no legitimate medical uses, see 21 U.S.C. Sections 812(b)(1)(A)-(C); 844(a).Trending Stories
Law Offices of Gary Martin Hays & Associates, P.C.
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