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The Legal Intelligencer

IA Constr. Corp. v. Workers' Comp. Appeal Bd., PICS Case No. 16-0710 (Pa. May 25, 2016) Saylor, J. (19 pages).

A workers' compensation judge (WCJ) was entitled as fact-finder to not afford credibility or weight to and to reject an independent rating examination, despite the lack of opposing evidence from the claimant. Order of the commonwealth court reversed.
4 minute read

The Legal Intelligencer

City of Arnold v. Wage Policy Comm. of the City of Arnold Police Dep't, PICS Case No. 16-0704 (Pa. Commw. May 20, 2016) Wojcik, J. (13 pages).

An arbitrator lacked jurisdiction to hear a grievance petition pursuant to a collective bargaining agreement regarding the amount of death/survivor benefits to be paid, when such issue did not concern terms and conditions of employment under the CBA but involved an independent right under the city's pension plan. Order of the trial court reversed.
4 minute read

The Legal Intelligencer

Relief Nunc Pro Tunc, or Is the Appeal Just Sunk?

As an appellate lawyer in a civil action, one does not wish to be any closer to "nunc pro tunc"—literally "now for then" in legal Latin—than reading this article. Nonetheless, the world is not perfect, and occasionally something happens that one wishes had not. This article examines situations in which an appellate party can seek nunc pro tunc, to fix something retroactively, and, conversely, when the problem is irretrievable.
6 minute read

The Legal Intelligencer

Malanchuk v. Sivchuk, PICS Case No. 16-0684 (Pa. May 25, 2016) Saylor, C.J., Baer, J. (concurring) (13 pages).

6 minute read

The Legal Intelligencer

Allen-Myland Inc. v. Garmin Int'l, Inc., PICS Case No. 16-0701 (Pa. Super. May 24, 2016) Stabile, J. (35 pages).

A disclaimer of an implied warranty of fitness for particular purpose for avionics equipment to be installed in an aircraft was not effective where it was not part of the parties' bargain, because the buyer was not provided with the manufacturer's notice of the disclaimer until after the completion of the parties' bargaining process. Compulsory nonsuit reversed; case remanded.
7 minute read

The Legal Intelligencer

Lawrence Park P'ship v. Bomze, PICS Case No. 16-0713 (Pa. Super. May 24, 2016) (memorandum) Lazarus, J. (7 pages).

Trial court erred in denying doctor's motion to strike or open a confessed judgment based on an alleged failure to pay rent due under a lease because the lessee named in the lease was a professional corporation, not the doctor, and there was no authority to construe the warrant, confession of judgment against the doctor as an individual. Reversed.
2 minute read

New York Law Journal

Circuit Applies Admiralty Law to Diving Accident in Lake

The admiralty jurisdiction of federal courts extends to a case where a man was paralyzed while jumping from a pleasure boat into the shallow waters of Oneida Lake, the Second Circuit has ruled.
6 minute read

New York Law Journal

Panel Revives Lawsuit in Death of Rare Tortoises

A $2.83 million suit alleging that a botched repair job on a heating system caused the deaths of 23 rare tortoises and injured several others has been reinstated by the Third Department.
2 minute read

New York Law Journal

Panel Reinstates Allegations of Police Excessive Force

An elderly radiologist who alleges an NYPD officer caused pain and suffering from placing handcuffs on his hand rather than his wrist during his arrest for driving with a suspended license, and then closing the handcuffs too tightly, has had his suit reinstated.
4 minute read

Daily Report Online

11th Circuit Affirms $2.4M Judgment Against Police Officers for Shooting Unarmed Pastor

The U.S. Court of Appeals for the Eleventh Circuit has confirmed a $2.4 million judgment against police for the shooting death of an unarmed pastor.
3 minute read

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