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The Legal Intelligencer

McCans v. Burgess, PICS Case No. 16-0594 (Pa. Super. May 4, 2016) (memorandum) Olson, J. (12 pages).

Trial court erred in summarily finding appellant attorney guilty of criminal contempt when attorney failed to withdraw her appearance or show up for a scheduled conference as ordered by the trial. Vacated and remanded.
6 minute read

The Legal Intelligencer

Gardell v. Gardell, PICS Case No. 16-0591 (Pa. Super. May 3, 2016) (memorandum) Bender, P.J. (10 pages).

A mistake or lack of knowledge regarding the value of the marital estate was not a valid basis for the trial court to strike or vacate a divorce degree. Order of the trial court affirmed.
7 minute read

The Legal Intelligencer

Muhammad v. Ali, PICS Case No. 16-0596 (Pa. Super. May 4, 2016) (memorandum) Gantman, P.J. (17 pages).

Trial court properly granted doctor's summary judgment motion and motion for preclusion of expert testimony in medical malpractice case, because the allegations in the case required expert opinion, absent which patient could not make out a prima facie case of medical negligence, and patient failed to comply with case management and discovery orders requiring the production of an expert report. Affirmed.
5 minute read

The Legal Intelligencer

Estate of Mantell, PICS Case No. 16-0589 (Pa. Super. May 4, 2016) (memorandum) Olson, J. (9 pages).

Appellant lacked standing to challenge decedent's will where appellant failed to show that decedent lacked testamentary capacity. Order of the trial court affirmed.
7 minute read

The Legal Intelligencer

In re Condemnation by PennDOT, PICS Case No.16-0593 (Pa. Commw. May 5, 2016) Simpson, J. (16 pages).

Trial court correctly denied a petition to reopen a settled and discontinued eminent domain action, because the trial court correctly determined that the alleged damages sounded in trespass, not eminent domain, were not compensable under the code, and the code provided no mechanism to reopen a settled and discontinued case. Affirmed.
7 minute read

The Legal Intelligencer

Hill v. Slippery Rock Univ., PICS Case No. 16-0577 (Pa. Super. May 3, 2016) Shogan, J. (13 pages).

Trial court erred in finding that no recovery was possible in appellant parents' suit against university and NCAA for the failure to test for sickle cell trait (SCT) as part of the pre-participation medical evaluation after their son collapsed and died during a basketball practice. Reversed in part.
7 minute read

The Legal Intelligencer

Cnty. of Allegheny v. Allegheny Court Ass'n of Prof'l Emp., PICS Case No. 16-0588 (Pa. Commw. May 2, 2016) Pellegrini, J. (15 pages).

An arbitrator's determination that a grievance petition was timely under the terms of a CBA was sustained where such a procedural determination construed and applied the CBA and satisfied the deferential essence test. Trial court order affirmed.
7 minute read

National Law Journal

Misconduct Claims Against Ex-D.C. Judge Face New Scrutiny

A committee of federal judges will review a misconduct complaint against Richard Roberts, the former chief judge of the federal district court in Washington who retired amid allegations that he sexually abused a teenage witness decades ago.
10 minute read

The American Lawyer

The Global Lawyer: The 'Zombie' Alien Tort, Three Years After Kiobel

In 2016, the corporate alien tort is more alive than dead.
14 minute read

Law.com

Garland's Record: Agencies Win, Prosecutors Win and Judges Agree With Him (Mostly)

A common refrain since Merrick Garland’s nomination to the U.S. Supreme Court is that he’s a “moderate” judge—not a firebrand activist, but certainly someone who would shift the high court’s ideological balance to the left. So what does it mean to be a “moderate” judge?
32 minute read

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