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The Legal Intelligencer

Commonwealth v. McFadden, PICS Case No. 17-0261 (Pa. Super. Feb. 15, 2017) Solano, J. (22 pages).

By | February 24, 2017
A school crossing guard fell within the protected class of persons under the aggravated assault statute, despite having a relationship with the school, did not have an employment relationship with it, but instead as a person employed to assist with law enforcement. Judgment of sentence affirmed.
6 minute read

The Legal Intelligencer

Lowe v. Fed. Nat'l Mortg. Ass'n, PICS Case No. 17-0265 (E.D. Pa. Feb. 3, 2017) Slomsky, J. (8 pages).

By | February 24, 2017
Plaintiff's claim against defendant for a confession of judgment for possession of real property was meritless because defendant was not a party to any written agreement that authorized the entry of confession of judgment in favor of plaintiff and the complaint lacked sufficient factual matter to state a claim to relief that was plausible on its face. Motion to dismiss granted.
4 minute read

The Legal Intelligencer

In Cosby Trial, Judge to Allow One of 13 Prior Accusers

In Bill Cosby's criminal trial for alleged sexual assault, prosecutors will be allowed to present testimony from just one other accuser, aside from the alleged victim, the Montgomery County Court of Common Pleas has ruled.
7 minute read

New York Law Journal

The People v. Felix

By | February 24, 2017
Motion to Preclude Child Sexual Abuse Syndrome Testimony or 'Frye' Hearing Denied
3 minute read

New Jersey Law Journal

Whistleblower Suit Accuses Chubb of Destroying Claims Evidence

A former vice president of claims for Chubb Corp. claims in a suit that he was fired for complaining about the destruction of evidence in cases the company was litigating. Meanwhile, the company has filed a separate complaint in federal court seeking to compel arbitration in the case.
11 minute read

Daily Business Review

Hold Your Horse and Carriage: Daubert Hasn't Gone Anywhere Yet

A Florida Supreme Court review of a 2013 law adopting the federal Daubert standard for expert witnesses in state court leaves many questions unanswered, writes attorney Armando G. Hernandez.
8 minute read

The Legal Intelligencer

Judges Probe Jury Charge on Defects in 'Tincher' Remand

An attorney representing plaintiffs in a case that has become synonymous with a new era of products liability law in Pennsylvania argued before a panel of the state Superior Court on Tuesday that juries do not need to find that a product was unreasonably dangerous in order to determine that the product was defective. But at least one judge on the intermediate appellate court appeared to disagree.
9 minute read

The Legal Intelligencer

Commonwealth v. Proctor, PICS Case No. 17-0217 (Pa. Super. Feb. 9, 2017) Strassburger, J. (24 pages).

By | February 17, 2017
Conviction for drug delivery resulting in death was supported by the evidence despite the presence of other illicit drugs in the victim's system, where the drug provided by defendant constituted a lethal dose. Judgment of sentence affirmed.
7 minute read

New Jersey Law Journal

In the Matter of Application of State of New Jersey for Commc'n Data Warrants to Obtain Contents of Stored Commc'n from Twitter, Inc.

By | February 16, 2017
Audio Portion of Stored Data Was Not "Oral Communication" Requiring Wiretap Order and Could Be Acquired by CDW
6 minute read

New Jersey Law Journal

State v. Robinson

By | February 16, 2017
State Required to Turn Over All Evidence Relied Upon in Application for Pretrial Detention
4 minute read

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