The Legal Intelligencer | Commentary
By Casey Alan Coyle and Michael Libuser | August 15, 2024
The U.S. Supreme Court has departed from longstanding precedent in several cases—most notably in Dobbs v. Jackson Women's Health Organization—leading some members of the high court to accuse it of making a "laughing-stock" of stare decisis.
The Legal Intelligencer | Commentary
By Alan Nochumson and Alex Goldberg | August 14, 2024
In In re Appeal of Council Member Cindy Bass, the Pennsylvania Commonwealth Court affirmed, in part, a decision by Philadelphia's Zoning Board of Adjustment (ZBA), finding that a real estate developer's evidence established an unnecessary hardship because it proved that the property, a vacant lot that needed costly environmental remediation, was practically valueless without the granting of a variance under the Philadelphia Zoning Code.
The Legal Intelligencer | Commentary
By Francine Friedman Griesing | August 13, 2024
Although the roles of arbitrators and mediators are different, neutrals in either capacity need to make fulsome disclosures so their impartiality can be adequately assessed.
The Legal Intelligencer | Commentary
By Michael E. Bertin | August 13, 2024
Though the issue of child support obligations of stepparents and paramours has been addressed in the Pennsylvania Superior Court and Supreme Court, the Pennsylvania appellate courts have not addressed the support obligations of grandparents until the recent case of Mazzarese v. Mazzarese. In a case of first impression, the Superior Court addressed the issue head on in Mazzarese.
The Legal Intelligencer | Commentary
By Raymond L. DeLuca and Jeffrey R. Mullen | August 13, 2024
Public-private partnerships (P3s) have long been used globally to finance, build and maintain large infrastructure projects. More recently, P3s have become a trend in the United States as federal, state, and local governments seek innovative solutions to address infrastructure needs amidst a challenging economic environment.
The Legal Intelligencer | Commentary
By Ronald L. Williams and Mohamed Y. Asker | August 13, 2024
To succeed, the parties and their counsel must cooperate before, during, and after the hearings to implement mutually agreeable measures to promote efficiency. Success requires a thoughtful, strategic approach.
The Legal Intelligencer | Commentary
By Jennifer R. Budd | August 13, 2024
Since the IIJA encourages the expanded use of design-build contracts, the rule prevents these projects from evading DBE participation obligations. Under the rule, design-builders submitting proposals on projects funded by the IIJA (or other applicable funding sources) must include a DBE performance plan. The contracting entities must monitor "good faith efforts" to comply with the plan and schedule.
The Legal Intelligencer | Commentary
By Christian Petrucci | August 12, 2024
Last week, the Pennsylvania Commonwealth Court revisited the setting aside of mistaken obligations in the matter of VNA of St. Luke's Home Health/Hospice v. Oritz (Workers' Compensation Appeals Board). In so doing, it looked back to the long-standing precedent articulated in Barna and Beissel.
The Legal Intelligencer | Commentary
By Lawrence J. Kotler and Ryan Spengler | August 12, 2024
The court found that the simple administration of certain ownership interests of retail cannabis dispensaries "is not in and of itself necessarily equivalent to administering marijuana assets." And, as such, a Chapter 7 trustee could administer and monetize these ownership interests without violating the law.
The Legal Intelligencer | Commentary
By Michael McMaster | August 9, 2024
Workers' compensation is a field of law that is particularly suited to the application of artificial intelligence, especially in the processing and analyzing of data.
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