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The Legal Intelligencer

Campbell v. A.O. Smith Corp., PICS Case No. 16-0566 (Pa. Super. April 25, 2016) (memorandum) Jenkins, J. (21 pages).

Trial court properly held that widow was the only compensable wrongful death beneficiary in underlying asbestos action brought when decedent was diagnosed with malignant mesothelioma, because decedent's adult children did not prove the required pecuniary loss. Affirmed.
4 minute read

The Legal Intelligencer

Executive Transp. Co., Inc. v. Pa. Public Util. Comm'n. , PICS Case No. 16-0569 (Pa. Commw. April 22, 2016) Cohn Jubelirer, J. (15 pages).

Public Utility Commission did not err in denying taxi company's petition for reconsideration of PUC order granting authorization to Uber subsidiary to provide experimental service pursuant to 52 Pa. C. §29.352, because the petition for reconsideration failed to meet the standard articulated in Duick v. Pennsylvania Gas and Water Co. of raising new arguments and only asserted the same arguments that the ALJ and the PUC had already addressed and decided against the taxi company. Affirmed.
3 minute read

The Legal Intelligencer

Murray v. Tax Review Bd., PICS Case No. 16-0561 (C.P. Philadelphia April 4, 2016) Padilla, J. (10 pages).

The tax board erred when it determined it lacked jurisdiction to hear an appeal of interest and liens from a bill for clean and seal work due to the untimeliness of the appeal.
4 minute read

The Legal Intelligencer

Antonas v. Vassiliades, PICS Case No. 16-0564 (Pa. Super. April 22, 2016) (memorandum) Ott, J. (9 pages).

Trial court properly dismissed appellant's garnishment action against insurance company after he was awarded $300,000 in the underlying third-party tort action because appellant's issues on appeal were waived by not being addressed in his rule 1925(b) statement, the documents he presented contained nothing but hearsay, and the trial court provided ample reasons for its discovery sanction order. Affirmed.
3 minute read

The Legal Intelligencer

Quality Bicycle Prods. Inc. v. Workers' Comp. Appeal Bd., PICS Case No. 16-0543 (Pa. Commw. April 25, 2016) Friedman, J. (9 pages).

Claimant was not entitled to workers' compensation benefits for an injury that occurred in the parking lot of employer's workplace where claimant was unable to show that the injury was caused by the condition of the lot or the operation of employer's business thereon. Order of the Workers' Compensation Appeal Board (WCAB) reversed.
3 minute read

The Legal Intelligencer

Piper v. Elkhart Brass Mfg. Co., Inc., PICS Case No. 16-0563 (Pa. Super. April 22, 2016) (memorandum) Stabile, J. (19 pages).

The trial court did not abuse its discretion in denying class certification where the trial court found that each class member would have highly individualized facts underlying each of their damages claims. Order of the trial court affirmed.
3 minute read

The Legal Intelligencer

Meyer, Darragh, Buckler, Bebenek & Eck, P.L.L.C. v. Law Firm of Malone Middleman, P.C., PICS Case No. 16-0560 (Pa. April 25, 2016) Baer, J. (22 pages).

A predecessor law firm was not entitled to breach of contract damages against a successor law for a share of legal fees where there was no contract between the law firms, instead only a contract between the predecessor law firm and an employee attorney who took the case to the successor law firm, such that the employee attorney as a nonpartner owed and imposed no fiduciary duty to split fees. Order of the superior court reversed.
4 minute read

Litigation Daily

Litigator of the Week: George Cary of Cleary Gottlieb

Dispatching a multibillion-dollar threat to Sanofi-Aventis, Cary polished off claims that the company blocked rival drugmakers from competing to sell blood thinners to hospitals nationwide.
4 minute read

National Law Journal

Former U.S. Solicitors General Unite in Garland Endorsement

Eight former U.S. solicitors general from Democratic and Republican administrations, most of whom are now prominent private practitioners, are publicly endorsing Judge Merrick Garland's nomination to the U.S. Supreme Court. The letter skirted the political controversy over whether there should be a hearing on Garland's nomination.
3 minute read

The Legal Intelligencer

Allstate Denied New Trial in Ex-Agents' Termination Suits

The federal judge presiding over a case in which former Allstate Insurance Co. agents claimed they were forced to sign unfair releases upon termination has ­denied the company's request for a new trial.
5 minute read

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