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January 10, 2025 | The Legal Intelligencer

The Coordinate Jurisdiction Rule on Insurance Bad Faith Litigation

The recent decision of the Pennsylvania Supreme Court in Ivy Hill Congregation of Jehovah’s Witnesses v. Department of Human Services, regarding the coordinate jurisdiction rule may result in the dismissal of subsequent challenges raising issues which have previously been adjudicated in the course of the litigation. The coordinate jurisdiction rule precludes re-litigation of an issue that has been previously decided in the context of a lawsuit.
6 minute read
January 10, 2025 | Law.com

South Carolina Physicians Challenge Abortion Ban Under Religious Freedom Claims

"The abortion ban violates the fundamental right to practice one’s faith, forcing plaintiffs to choose between observing their religious duties but risking imprisonment and professional discipline or reneging on their religious obligations but preserving their freedom and livelihood," a press release from The Lawyering Project said.
4 minute read
January 10, 2025 | Connecticut Law Tribune

Special Series Part 5: The State’s Bond Lock Impermissibly Delegates Legislative Authority

Connecticut's Bond Lock is unconstitutional because it attempts to indirectly delegate exclusively legislative powers to private entities.
10 minute read
January 10, 2025 | New York Law Journal

'The Most Sensible Sentence': Trump Sentenced to Unconditional Discharge in Manhattan Criminal Case

The proceeding—which capped a monumental case that produced a series of historical "firsts"—concluded in less than an hour. Acting Justice Juan Merchan's decision, following through on his indication that the sentence would be noncarceral, created a final judgment in the trial court.
7 minute read
January 10, 2025 | The Legal Intelligencer

JCPenney Customer's Slip-and-Fall From Bodily Substance Suit Best Left for a Jury to Decide, Judge Rules

A federal court concluded a reasonable juror could find JCPenny liable for negligence after the plaintiff slipped and fell on vomit in one of the company's Pennsylvania stores.
4 minute read
Law Journal Press | Digital Book Pennsylvania Commonwealth Court Rules 2025 Authors: View this Book

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January 10, 2025 | The Legal Intelligencer

Products Liability: The Absence of Other Similar Claims—a Defense or a Misleading Effort to Sway a Jury?

Because the admission of a negative is virtually impossible to refute, most jurisdictions require proof of exacting evidence showing that a systematic method was in place that would have detected these incidents had they occurred. Establishing something that did not happen, proving negative evidence, presents the court with special problems and is generally inadmissible.
6 minute read
January 10, 2025 | New York Law Journal

529 Accounts Are Not Your Divorce Piggybank

“Unilaterally withdrawing funds from 529 accounts to pay for non-education related expenses while a divorce action is pending is a risk not worth taking.”
5 minute read
January 10, 2025 | Corporate Counsel

Meta Hires Litigation Strategy Chief, Tapping King & Spalding Partner Who Was Senior DOJ Official in First Trump Term

The appointment comes as an antitrust trial looms that could lead to the breakup of the tech giant.
4 minute read
January 10, 2025 | New York Law Journal

Courts Beginning to Set Standards for Evidence Relying Upon Artificial Intelligence

The authors write "In recent years, some have coined the mainstream rise of generative artificial intelligence (AI) a modern-day space race. The legal profession, and especially litigators, have not been unaffected. As the use of generative AI becomes more commonplace in the practice of law, courts have been hesitant to regulate its use in litigation."
4 minute read
January 10, 2025 | New York Law Journal

First-Degree Murder Charge May Not Fit Mangione Case

Manhattan District Attorney Alvin Bragg's decision to charge Luigi Mangione with first-degree murder may ultimately hurt rather than help his office's case, a former New York state Supreme Court justice writes.
10 minute read

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