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Certificate Survives 'Retroactive' Application Challenge
A certificate of merit is required in malpractice lawsuits even when the alleged malpractice occurred prior to the effective date of the rule mandating the certificates, the Pennsylvania Superior Court has ruled. Since Jan. 27, 2003, the state Supreme Court has required plaintiffs in professional negligence cases to submit an affidavit verifying that an expert certified the case as meritorious. The panel held that the plaintiff "misconstrued" the concept of retroactivity as it applied to the rule.Reporters Not Required to Turn Over Computers to Pa. Attorney General
The Pennsylvania Supreme Court has blocked state Attorney General Tom Corbett's effort to force newspaper reporters in Lancaster, Pa., to turn over their computers in connection with an investigation of alleged leaks from the Lancaster County coroner to local media. A six-justice majority agreed that forcing the journalists to cede their entire hard drives would be akin to asking them to hand over their filing cabinets and could have a "chilling effect" on sources providing confidential information.Courtside: Who's arguing at the Supreme Court in the next argument cycle?
With no new solicitor general appointed to replace Elena Kagan, the office will be deploying three of its lawyers who are in "acting' positions during the first two argument days of the fall term beginning Oct. 4. Plus: Supreme Court titans David Frederick and Kathleen Sullivan face off over pre-emption.McNees Wallace & Nurick Installs New Managing Attorney
Harrisburg, Pa.-based McNees Wallace & Nurick has moved the chairman of its energy, communications and utility law group into the managing attorney position. David M. Kleppinger, who has been with the firm since graduating law school in 1980, has taken over the firmwide position for Steven J. Weingarten. The 120-attorney McNees Wallace is relatively new to the Lancaster and State College markets in Pennsylvania, and Kleppinger says one of his goals is to focus on growth in those areas.Pending State Court Case No Bar to Federal Lawsuit
Pending state court litigation over the validity of an insurance policy is no bar to a federal suit over the same policy if it raises distinct issues under ERISA that could not be litigated in the state court, a federal judge has ruled. At issue in both suits is about $200,000 in unpaid medical bills and the validity of an employee health insurance policy.Appellate Lawyer of the Week: Sean Summers
In a case before the Supreme Court, Sean Summers repesents the father of a Marine killed in Iraq in a suit against the protesters who picketed his son's funeral in 2006. The picketers have chosen military funerals as the venue for protesting America's acceptance of homosexuality, triggering nationwide revulsion and laws in 40 states aimed at protecting the sanctity of funerals.Ineligible In-House Counsel, Multijurisdictional Practitioners and Pro Hac Vice Attorneys
Notice to the bar.Trending Stories
Law Offices of Gary Martin Hays & Associates, P.C.
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Law Offices of Mark E. Salomone
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