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Texas Lawyer

Houston Lawyer Convinces Supreme Court That Railroad Has No Responsibility For West Nile Mosquito Bite

Appellate Lawyer of the Week: Kent Rutter recently convinced the Texas Supreme Court that a railroad had no liability to a worker who contracted the West Nile virus while repairing track on a mosquito-infested worksite.
7 minute read

National Law Journal

U.S. Supreme Court Passes on Tribal Casino Labor Case

The U.S. Supreme Court declined on Monday to consider whether the National Labor Relations Board has authority over Native American enterprises on tribal land, refusing to wade into a debate that has divided federal appeals courts and carries implications for thousands of casino workers.
9 minute read

New York Law Journal

Landlord Found Not Liable in Lease Dispute With Firm

One of Manhattan's most prominent commercial landlords was under no obligation to help a law firm defray 15 months' worth of rental costs when the firm vacated its offices before its lease expired, the state Court of Appeals ruled unanimously Thursday.
11 minute read

The Legal Intelligencer

Polett v. Pub. Commc'ns, Inc., PICS Case No. 16-0795 (Pa. Super. June 6, 2016) (memorandum) Shogan, J. (22 pages).

Trial court erred as a matter of law when it denied appellants' motion for remittitur in case where jury awarded more than $26 million in noneconomic damages to appellee who suffered post-knee-replacement surgery injury to her knee that led to falls, fractures, additional surgeries and permanent damage. Vacated and remanded.
4 minute read

The Legal Intelligencer

Righter v. Workers' Comp. Appeal Bd., PICS Case No. 16-0797 (Pa. Commw. June 14, 2016) Cohn Jubelirer, J. (13 pages).

Workers' compensation appeal board properly affirmed workers' compensation judge (WCJ) holding that claimant's counsel was not entitled to a 20 percent attorney fee on claimant's medical benefits. Affirmed.
6 minute read

The Legal Intelligencer

In re Appeal of AMA/Am. Mktg. Ass'n, Inc., PICS Case No. 16-0789 (Pa. Commw. June 14, 2016) Simpson, J. (33 pages).

Municipal council did not err in granting applicant's conditional use application, even though applicant failed to include an easement in its conditional use plan as part of the statutorily-required components of its application. Order of the trial court affirmed.
6 minute read

The Legal Intelligencer

Echeverria v. Holley, PICS Case No. 16-0786 (Pa. Super. June 14, 2016) Olson, J. (17 pages).

The trial court erred in dismissing a complaint for negligence based on a landlord's failure to maintain premises in a safe condition. Order of the trial court vacated; case remanded.
6 minute read

The Legal Intelligencer

In Re Condemnation of Land in Bucks Cnty., Pa. Located at 183 Buck Rd., PICS Case No. 16-0790 (Pa. Commw. June 14, 2016) Friedman, J. (9 pages).

A municipal blighted property review commission was only required to serve notice upon an owner of blighted property listing the reasons for the blight determination and giving the owner 30 days to begin correcting the blight conditions or file an appeal. Order of the trial court affirmed.
7 minute read

The Legal Intelligencer

New Kensington-Arnold Sch. Dist. v. New Kensington-Arnold Educ.-Ass'n., PICS Case No. 16-0794 (Pa. Commw. June 13, 2106) Leavitt, P. J. (21 pages).

Trial court properly denied school district's petition to vacate an arbitration award because arbitrator's award drew its essence from the collective bargaining agreement (CBA) and the arbitrator's award did not violate public policy. Affirmed.
7 minute read

National Law Journal

Supreme Court Lawyers Parlay New Decisions to Big Regulatory Battles

Two U.S. Supreme Court veterans moved swiftly this week to apply a pair of June 20 high court rulings to pending cases in federal appeals courts. Lawyers for Microsoft Corp. and the attorneys for the mortgage lender PHH Corp. said they found supporting positions in the high court rulings.
13 minute read

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