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New York Law Journal

Panel Temporarily Halts Hudson River Floating Park

The First Department has halted until at least September construction of the "Pier 55" project, a 2.4-acre park on a platform over the Hudson River off Manhattan.
9 minute read

New York Law Journal

Compensation Board's Cut in Attorney Fees Upheld

The Third Department panel said the state Workers' Compensation Board was "fully authorized" to conclude that the refusal of the Sleepy Hollow firm of Rella & Associates to pay a $750 penalty for 18 months represented a dilatory tactic.
4 minute read

New York Law Journal

'Sholes v. Meagher': the Appellate Imbalance of Sua Sponte Orders

Elliott Scheinberg writes: The absence of a statutory right to either a direct appeal from a sua sponte order or any form of immediate review therefrom, akin to CPLR 5704, constitutes a void in appellate jurisprudence that imposes onerous consequences on the party who, perhaps due to no wrongdoing on his part, finds himself on the wrong side of the order.
28 minute read

The Legal Intelligencer

Bank Can't Shield Consultant's Documents From Discovery

A bank cannot apply the work-product doctrine to a series of communications exchanged by a consultant it hired to operate an indebted construction company, the Pennsylvania Superior Court has ruled.
10 minute read

The Legal Intelligencer

Avoiding Unanimity Rule, Court Upholds Split Arb Panel's $15.7M Award

In affirming a $15.7 million arbitration award in a real estate dispute, the Pennsylvania Superior Court ruled that courts may infer consent to the majority decision of an arbitration panel when the parties agree to have two partisan arbitrators select a third, neutral arbitrator.
9 minute read

Daily Report Online

Georgia Justices Toss $10M Asbestos Verdict

An expert witness offered irrelevant and confusing testimony, the unanimous court ruled Tuesday.
9 minute read

The Legal Intelligencer

Bograd v. Greenwich Ins. Co., PICS Case No. 16-0827 (Pa. Super. June 20, 2016) (memorandum) Stabile, J. (11 pages).

A lockbox exception to a property damage exclusion in an errors and omissions (E&O) insurance policy held by a real estate agent did not enable coverage for property damage caused by a burst water pipe. Summary judgment affirmed.
4 minute read

The Legal Intelligencer

Leach v. Commonwealth, PICS Case No. 16-0838 (Pa. June 20, 2016) Saylor, C.J. (15 pages).

Commonwealth Court properly held that Act 192 did not comport with the single subject rule of Art. III, §3 of the Pennsylvania Constitution because creating a civil cause of action for persons affected by local gun regulations was too far afield from new offenses relating to theft of secondary metal. Affirmed.
6 minute read

The Legal Intelligencer

Coleman v. Ogden Newspapers, Inc., PICS Case No. 16-0829 (Pa. Super. June 28, 2016) Strassburger, J. (24 pages).

Defendants' publication and republication of newspaper articles, after the article's subject's denial of the specific allegations made by the articles, did not constitute evidence of actual malice where the articles were based on criminal affidavits and indictments, such that defendants did not have reason not to believe the veracity of their allegations. Summary judgment affirmed.
6 minute read

The Legal Intelligencer

In re Nomination Petition of Vodvarka, PICS Case No. 16-0837 (Pa. June 23, 2016) Donohue, J. (22 pages).

Commonwealth Court erred in ruling in favor of objector to signatures on a nominating petition because the enactment of the Pennsylvania Voter Registration Act in 1995 meant that the signature on a nominating petition could not be struck. Reversed.
7 minute read

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