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The Recorder

Divided Ninth Circuit Blesses Berkeley Cellphone Disclosure Law

The U.S. Court of Appeals for the Ninth Circuit has left in place a Berkeley city ordinance that forces retailers to inform prospective cellphone buyers that carrying their devices in certain ways can cause exposure to radio-frequency radiation that exceeds federal limits.
10 minute read

The Recorder

Divided Ninth Circuit Blesses Berkeley Cellphone Disclosure Law

The U.S. Court of Appeals for the Ninth Circuit has left in place a Berkeley city ordinance that forces retailers to inform prospective cellphone buyers that carrying their devices in certain ways can cause exposure to radio-frequency radiation that exceeds federal limits.
10 minute read

The Legal Intelligencer

Snyder Bros., Inc. v. Pennsylvania Public Utility Comm'n, PICS Case No. 17-0511 (Pa. Commw. March 29, 2017) McCullough J. (31 pages).

By | April 21, 2017
Commission erred in holding that petitioner's wells were not "stripper wells" because the term "any" in the definition of "stripper well" unambiguously meant "one" and not "all or every" and the uncontroverted evidence showed that the wells at issue produced less than 90,000 cf of gas in at a least one month and were stripper wells and not subject to impact fees. Reversed.
6 minute read

The Legal Intelligencer

Blackburn v. King Inv. Grp., LLC, PICS Case No. 17-0576 (Pa. Super. April 5, 2017) Ransom, J. (8 pages).

By | April 21, 2017
Appeal from a modification of confessed judgment where appellant failed to timely appeal from prior appealable interlocutory order denying petition to strike/open judgment. Appeal quashed.
6 minute read

The Legal Intelligencer

Michael v. Stock, PICS Case No. 17-0581 (Pa. Super. April 11, 2017) Solano, J. (30 pages).

By | April 21, 2017
Trial court erred in granting summary judgment to title insurer and holding that title insurance policy did not cover the lot at issue and in awarding summary judgment on appellant's bad-faith claim because there were material issues of fact where title insurer provided "real estate transactional services" and allegedly drafted the deed that allegedly covered only one of two lots and there was a dispute whether the reference in the policy to "County Parcel 4-18-28," which included both lots, was sufficient to include the second lot under policy coverage. Vacated.
7 minute read

The Legal Intelligencer

Pergolese v. The Standard Fire Ins. Co., PICS Case No. 17-0582 (Pa. Super. April 11, 2017) Ford Elliott, J. (52 pages).

By | April 21, 2017
Insureds' purchase of a new vehicle added to their existing auto insurance policy by way of addition to the policy's declarations constituted a new "purchase" and not a replacement vehicle and thus insurer was required to obtain a new waiver of stacked uninsured/underinsured motorist coverage. Judgment affirmed.
7 minute read

National Law Journal

DC Circuit Rejects CFPB Subpoena Targeting For-Profit College Accreditor

A Washington federal appeals court on Friday rejected the Consumer Financial Protection Bureau's attempt to investigate an embattled accreditor of for-profit colleges, upholding a trial judge's ruling that faulted the Obama-era agency for straying outside its jurisdiction.
11 minute read

The Legal Intelligencer

Litigator of the Week: An Appellate Attorney Fends Off Honda in a $55M Fight

After appellate attorney Howard J. Bashman appeared in front of a panel of Pennsylvania Superior Court judges with a $55 million verdict against Honda at stake, he quickly jumped on his appellate blog, “How Appealing,” to say how well the arguments went, and to subtly dig the opposing counsel for alleged cell phone use in court.
15 minute read

Delaware Law Weekly

Amgen, Sanofi to Fight Over Enhanced Damages in Blockbuster Infringement Row

A Delaware federal judge has allowed Amgen Inc. to pursue enhanced damages in its patent infringement dispute with a rival drugmaker, the latest development to a case with billions of dollars on the line.
15 minute read

Delaware Law Weekly

Amgen, Sanofi to Fight Over Enhanced Damages in Blockbuster Infringement Row

A Delaware federal judge has allowed Amgen Inc. to pursue enhanced damages in its patent infringement dispute with a rival drugmaker, the latest development to a case with billions of dollars on the line.
4 minute read

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