Commentary

  • The Legal Intelligencer | Commentary

    'Tis the Season: Defending Snow and Ice Claims in Pennsylvania and New Jersey

    By Alex B. Norman, Brielle N. Kovalchek and Elyse N. Cohen | February 1, 2018

    It is generally well known that this time of year, snow and ice (#SNICE) is commonplace. Yet, despite the commonness of snow and ice in this area, people still get injured as a result. A little bit of snow, ice, black ice or freezing rain can turn the roughest paved surface into a skating rink. This article will outline various defenses available and some precautions and practice points that property owners can utilize to protect themselves against the claims and lawsuits that are a near certainty.

  • The Legal Intelligencer | Commentary

    Supreme Court to Address FWS Designation of Critical Habitat Under the ESA

    By Mark L. Greenfogel | February 1, 2018

    Last week the Supreme Court granted certiorari to hear Weyerhauser v. U.S. Fish and Wildlife Service, following denial of a rehearing en banc in the Fifth Circuit Court of Appeals.

  • The Legal Intelligencer | Commentary

    Municipal Water and Sewer Authorities: When Wall Street Comes Knocking

    By Kevin Dooley Kent and Brittany J. Gigliotti | January 31, 2018

    It has been a year and a half since Pennsylvania's Fair Value Legislation, Act 12 of 2016, 66 Pa. C.S. Section 1329 (Act 12) went into effect in June 2016. Since Act 12's enactment, Pennsylvania has seen an uptick in investor-owned utilities' (IOUs) attempts to privatize municipal water authorities, and IOUs have publicized their plans to focus on “growth through acquisition.”

  • Law.com | Commentary

    Just in Time for the Super Bowl, a Look at the NFL's Offbeat Cases

    By Randy Maniloff | January 31, 2018

    What better way to deal with any lull in the action on Sunday than a discussion of the substantial number of lawsuits that surround the National Football League, its players and fans.

  • The Legal Intelligencer | Commentary

    How $1B in Design Patent Damages Became $400M (And May Soon Become Less)

    By Brett J. Rosen | January 30, 2018

    Apple will soon return to court to continue its legal battle with Samsung over Samsung's infringement of Apple's iPhone design. The latest chapter of this saga concerns the proper methodology for calculating damages that Samsung must pay to Apple for infringing Apple's design patents.

  • The Legal Intelligencer | Commentary

    Strategic Considerations Before Challenging Personal Jurisdiction in Products Liability Litigation

    By Eric Rosenberg | January 30, 2018

    Over the last seven years, the U.S. Supreme Court has rapidly and dramatically altered the landscape of personal jurisdiction law. Specifically, the court issued six opinions that overturned a lower court's exercise of personal jurisdiction, reinforced due process limitations on state assertions of jurisdiction, and narrowed the scope of constitutionally permissible general and specific personal jurisdiction.

  • The Legal Intelligencer | Commentary

    A Comparative Review of Products Liability Jury Instructions

    By Larry Coben | January 30, 2018

    After the Pennsylvania Supreme Court issued its decision in Tincher v. Omega Flex, the committee appointed by the court to prepare jury instructions issued “suggested standard products liability instructions” (published by the PBI) in an effort to provide guidance to the bench and bar.

  • The Legal Intelligencer | Commentary

    How to Cope With Construction Industry Labor Shortages

    By Joshua Lorenz | January 29, 2018

    The United States is on the precipice of a massive skilled labor shortage, according to the 2017 Commercial Construction Index. Compiled by USG Corporation and the U.S. Chamber of Commerce, the survey revealed “steady optimism from contractors about revenue forecasts and their backlog of work, yet concerns about the availability, training and cost” of hiring skilled workers in 2018.

  • The Legal Intelligencer | Commentary

    Navigating Choppy Waters for the Government Contractor's Defense in Trump Age

    By Carl J. Schaerf and Lee C. Schmeer | January 29, 2018

    Companies contracting with the federal government should be aware that significant changes are likely under the Trump administration in the manner in which the government solicits and funds contracts and the extent to which the government recognizes knowledge of risks related to the goods or services subject to such contracts. When faced with litigation involving government contracts, companies often employ the Government Contractor's Defense, which shields a contractor that has complied with reasonably precise government specifications from liability provided the contractor has warned the government of risks not otherwise known to the government.

  • The Legal Intelligencer | Commentary

    Company-Generated Documents and Emails Are Not De Facto Business Records

    By Michael C. Zogby and Shane M. O'Connell | January 29, 2018

    Courts have worked to construct rules for use before and during trial that ensure only true business records—that is, records of regularly conducted activity that carry an air of trustworthiness and reliability—are admitted into evidence, while avoiding admission of day-to-day communications and other documents that cannot be categorized as business records.

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