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The Legal Intelligencer

Smith v. Pa. Dep't of Envtl. Protection, PICS Case No. 17-0853 (Pa. Commw. May 8, 2017) Pellegrini, S. J. (30 pages).

OOR erred in holding that a "well site" was not an "industrial plant" and court found that investigative reports pertaining to well sites were public records in a RTKL action but OOR correctly held that DEP met its burden of showing that certain records were exempt under the attorney-client privilege and/or work product doctrine, records relating to the location of radioactive material were exempt under public safety and security concerns, other documents were exempt under trade secret and confidential information, the notes and working papers, internal predecisional deliberation and noncriminal investigation exemptions. Affirmed in part and reversed in part.
7 minute read

The Recorder

Tips for Trial Lawyers To Protect Their Cases For Appeal Can Be Found In Unpublished Decisions

Here are a few waiver, forfeiture and invited error traps that snagged trial lawyers in recent unpublished decisions from the California Court of Appeal.
12 minute read

Daily Business Review

Florida Supreme Court Should Enforce Broken Promises

A Daytona Beach real estate redevelopment case with a key broken promise should be heard by the court, writes attorney Dana Berliner.
9 minute read

The Legal Intelligencer

In re The Trustees of Conneaut Lake Park, Inc., PICS Case No. 17-0854 (3 Cir. May 2, 2017) Hardiman. J. (14 pages).

District court erred in holding that 40 Pa. Stat. §638 was ambiguous and granting insurance proceeds to manager and insurer of beach club that burnt because the subsection of §638 relevant to the case referred only to the "named insured" and appellant had no legally cognizable property interest in the entirety of the insurance proceeds where §638 made the receipt of those proceeds conditional on satisfying the delinquent taxes. Reversed.
7 minute read

New York Law Journal

Suit Alleging Secret Bank Deal Deemed Untimely

A construction company associated with one of Saudi Arabia's richest men failed to file in a timely manner its $10 billion fraud lawsuit accusing Barclays Bank of arranging an illicit deal with Saudi officials, a Manhattan appeals court ruled Thursday.
16 minute read

The Legal Intelligencer

Word Counts for Appellate Briefs: Less Is More

Word counts are a way of life in modern appellate practice. The halcyon days of 70-page "briefs" are gone—never to return, see Commonwealth v. Spuck, 86 A.3d 870, 872 (Pa. Super. 2014), (discussing the demise of the 70-page rule); Commonwealth v. Stoppie, 486 A.2d 994, 996 (Pa. Super. 1984), (quoting former Pa. R.A.P. 2135(1)). Page limits invited abuse, such as "substantive arguments and sub-arguments ... set forth in footnotes [and] other compressed texts, such as block quotes or single-spaced bullet points," as in Commonwealth v. Spotz, 18 A.3d 244, 349 (Pa. 2011).
6 minute read

National Law Journal

Whole Foods' No-Recording Policy Violated Labor Law: US Appeals Court

Whole Foods Market Group policy that bars employees from recording is unlawful and could create a "chill" for workers to express their rights, a federal appeals court ruled Thursday.
3 minute read

New Jersey Law Journal

Injury Plaintiffs May Recoup Medical Expenses Beyond PIP Limit

A New Jersey appeals court ruled Thursday that injured motorists who opted for the $15,000 minimum in personal-injury-protection benefits in their insurance policies may recover medical expenses exceeding that amount.
9 minute read

New Jersey Law Journal

Oxford Realty Grp. Cedar v. Travelers Excess and Surplus Lines Co.

Unambiguous Policy Terms Relieves Court from Addressing Contra Proferentem Contentions
3 minute read

New Jersey Law Journal

Leggette v. Gov't Employees Ins. Co.

Nexus between Out-of-State Vehicle and Accident Required to Trigger PIP Coverage under Deemer Statute
3 minute read

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