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The Legal Intelligencer

In re Trust of Mihordin, PICS Case No. 17-0871 (Pa. Super. May 16, 2107) Gantman, P. J. (27 pages).

Trial court erred in granting reformation of a 1998 deed that allegedly should have referred to a life estate because the evidence was legally insufficient to prove a scrivener's error or mistake necessary to overcome the merger doctrine. Reversed.
3 minute read

The Legal Intelligencer

Clark v. Baxter, PICS Case No. 17-0831 (C.P. Lawrence Feb. 16, 2017) Cox, J. (10 pages).

A motion for leave to file a motion for post-trial relief nunc pro tunc was properly denied where the record provided no evidence of extraordinary circumstances to warrant such relief.
3 minute read

Daily Business Review

Judge Makes Key Rulings in GM Ignition Defect MDL Case

Judge Jesse Furman issued a 19-page order teeing up the case by dealing with pretrial requests. The judge dealt with four motions in limine from attorneys representing Dennis Ward, an Arizona man alleging that GM's highly-publicized ignition defect caused his crash and lasting injuries.
6 minute read

National Law Journal

Fiduciary Rule Goes Live, and SEC Calls Cyber the Biggest Market Threat: Regulatory Roundup

The U.S. Labor Department moves to rescind the Obama-era "persuader rule," which opened a door to greater disclosures about how companies try to thwart union-building efforts. Meanwhile, the DOL's fiduciary rule takes effect today, but court clashes continue. And this: the SEC calls cyber the biggest threat to markets. This is a roundup from ALM and other publications.
11 minute read

Daily Business Review

South Florida Investor Facing Fraud Claims Can't Hide Behind Arbitration Provision, Court Rules

Bad news for a real estate investor who assumed an enforceable arbitration clause compelled a trial court to dismiss fraud claims against him.
3 minute read

The Legal Intelligencer

Bayview Loan Servicing LLC v. Wicker, PICS Case No. 17-0858 (Pa. Super. May 17, 2017) Stabile, J. (16 pages).

Summary judgment in foreclosure action was proper where mortgagors' general denials to the material allegations of the mortgagee constituted admission of those allegations. Judgment affirmed.
3 minute read

New York Law Journal

Panel Rejects Habeas Appeal for Pair of Captive Chimps

Chimpanzees Tommy and Kiko will not be transferred to a South Florida sanctuary after a Manhattan appeals court on Thursday joined four previous state courts in refusing to recognize the animals' legal "personhood."
5 minute read

Daily Business Review

Circuit Split on Standing Requirements for Intervenors Resolved

In a unanimous decision, the court ruled that a litigant seeking to intervene under the Federal Rules of Civil Procedure needs to meet the requirements of Article III standing—but needs to do so only if the intervenor is pursuing relief not requested by a plaintiff, writes Ruben Conitzer.
5 minute read

New York Law Journal

Court Upholds Union's Right to Disciplinary Materials

A public employee union in New York City has the right to obtain discovery materials in disciplinary proceedings, the Court of Appeals ruled Thursday.
5 minute read

National Law Journal

The Supreme Court's Next Big Union Fight: Six Key Questions

Anti-union groups are making another major push in the U.S. Supreme Court to eliminate mandatory union dues, so-called “fair share” fees, for millions of public sector workers. This time, a full bench—if it takes the case—could end the deadlock that frustrated their efforts last year.
8 minute read

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