FERC commissioners' statements following deadlock over proposed tariff were sufficient to demonstrate that the agency's "action through inaction" found the tariff just and reasonable.

Trial court properly granted summary judgment in favor of defendants in plaintiff's legal malpractice action because plaintiff had ample time to satisfy its evidentiary burden of producing an expert report but failed to act with due diligence and failed to supply sufficient admissible evidence to support each element of its professional negligence claim. Affirmed.

In this Rule 1925(a) opinion, the court reviewed its denial of defendant's motion to disqualify. Court sought affirmance.

The commonwealth court erred in concluding that communications exchanged between a commonwealth agency and a private consultant could be shielded from disclosure under the Right-to-Know Law's pre-decisional deliberations exception. The high court reversed in part and affirmed in part.

Public records withheld under the internal, predecisional deliberation exception to the RTKL where such records qualified as "internal records" because they were shared with private contractors engaged by a public agency to fulfill the agency's legislative purposes. Order of the Office of Open Records affirmed.

Cite as: Mercedes v. AVA Pork Products, Inc., 13-CV-3212, NYLJ 1202650732379, at *1 (EDNY, Decided April 8, 2014) 13-CV-3212 District Judge Joseph