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National Law Journal

Three Supreme Court Insiders From Outside the Beltway

Even with the dominance of Washington-based lawyers at the U.S. Supreme Court lectern, these advocates are familiar faces at the high court.
40 minute read

The Legal Intelligencer

Estate of Kiefner, PICS Case No. 16-0905 (Pa. Super. July 8, 2016) (memorandum) Bender, P.J. (13 pages).

Orphans' court erred in dismissing daughters' petition challenging father's will that disinherited them and gave the entire estate to his nephew because orphans' court was incorrect in refusing to allow medical records from a hospice, regarding decedent's state of mind 10 days before the will was signed, into evidence on the bald assertion that the evidence was hearsay. Vacated.
5 minute read

The Legal Intelligencer

Helena Chem. Co. v. Beiler, PICS Case No. 16-0901 (Pa. Super. June 30, 2016) (memorandum) Dubow, J. (12 pages).

The trial court erred in reading together a credit agreement and promissory note and applying an arbitration clause in the credit agreement to an action brought under the promissory note. Order of the trial court affirmed in part and reversed in part.
6 minute read

The Legal Intelligencer

Czarnecki v. State Emps.' Ret. Bd., PICS Case No. 16-0859 (Pa. Commw. July 6, 2016) Simpson, J. (17 pages).

Contractually-owed pay for on-call services were to be included in a state employee's compensation for retirement benefit calculation where the pay was received as compensation for being a state employee and did not explicitly fall into any of the statutory exclusions. Order of the state employees' retirement board reversed, case remanded for recalculation of benefits.
6 minute read

The Legal Intelligencer

Cadlerock Joint Venture II, L.P. v. Gatesman, PICS Case No. 16-0898 (Pa. Super. July 8, 2016) (memorandum) Musmanno, J. (15 pages).

The trial court did not abuse its discretion in granting a motion for sanctions filed by a co-signer after the lender continued litigation against the co-signer after reaching an accord and satisfaction with the primary borrower. Order of the trial court affirmed.
6 minute read

The Legal Intelligencer

McCarthy v. Armstrong, PICS Case No. (Pa. Super. July 8, 2016) (memorandum) Stevens, P.J. (9 pages).

Trial court's order dismissing appellant's amended complaint and giving him the opportunity to present his claims in a pending arbitration was not a final order because it did not dispose of "all claims" or "all parties" and was an interlocutory order and not appealable. Appeal quashed.
5 minute read

The Legal Intelligencer

Nationwide Mut. Fire Ins. Co. v. Modern Gas, PICS Case No. 16-0907 (Pa. Super. July 8, 2016) Mundy, J. (11 pages).

Trial court erred in granting summary judgment for gas company in insurer's subrogation suit based on fire in pizza oven after gas company serviced the oven, because the trial court erred in assessing the credibility of insurer's expert's report. Reversed.
5 minute read

The Legal Intelligencer

Kennedy House Inc. v. Phila. Comm'n on Human Relations, PICS Case No. 16-0902 (Pa. Commw. July 11, 2016) Jubelirer, J. (32 pages).

A housing association was not required to offer an accommodation in the form of a waiver of its no-dog policy where applicant could not demonstrate a nexus between her disability and the assistance provided by her dog. Order of the trial court reversed.
6 minute read

The Legal Intelligencer

Dunn v. Middletown Twp. Zoning Hearing Bd., PICS Case No. 16-0909 (Pa. Commw. July 11, 2016) Simpson, J. (34 pages).

Trial court erred in upholding zoning board's grant of two variances for minimum lot size and one variance for maximum density because applicant did not show any unnecessary hardship. Reversed.
6 minute read

National Law Journal

Seventh Circuit Denies Terror Victims' Claim to Persian Artifacts

11 minute read

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