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The Legal Intelligencer

Judge Allows Punitives Claim Against Penske in Truck Crash

A Pennsylvania judge has allowed punitive damages claims to go forward against Penske and a driver for the trucking company who allegedly crashed a freightliner into a dump truck.
7 minute read

New York Law Journal

Assessing Evidence in Employment Cases on Summary Judgment

Geoffrey A. Mort analyzes the Second Circuit's recent reversal of summary judgment granted in a Title VII failure-to-hire gender discrimination case. In doing so, the court focused on an issue that has arisen over the years in a number of other employment discrimination cases involving summary judgment motion—the extent to which a district court must view the plaintiff's evidence as a whole, as opposed to in fragments, in deciding such motions.
14 minute read

The Legal Intelligencer

Commonwealth v. Witmayer, PICS Case No. 16-0989 (Pa. Super. July 22, 2016) Bowes, J. (17 pages).

By | August 12, 2016
Incidents of sexual molestation of a minor that occurred in two different counties were properly consolidated for prosecution in one of the counties. Judgment of sentence affirmed.
6 minute read

The Legal Intelligencer

Commonwealth v. Hodge, PICS Case No. 16-0985 (Pa. Super. July 26, 2016) Platt, J. (9 pages).

By | August 12, 2016
The trial court erred in not sentencing appellant to a RRRI minimum sentence based on his past conviction for abuse of a corpse. Judgment of sentence vacated; case remanded for resentencing.
5 minute read

The Legal Intelligencer

McLaughlin v. Garden Spot Vill., PICS Case No. 16-0957 (Pa. Super. July 22, 2016) Stabile, J. (13 pages).

By | August 12, 2016
An employee of a nursing home was not privileged from testifying regarding a sexual assault of a resident by another resident. Order of the trial court affirmed.
5 minute read

The Legal Intelligencer

Commonwealth v. Sitler, PICS Case No. 16-0988 (Pa. Super. July 26, 2016) Ott, J. (27 pages).

By | August 12, 2016
The commonwealth was entitled to admit evidence of prior conviction, due to its factual similarity to the present case, was probative of the fact that defendant was conscious of the risk of reckless driving. Order of the trial court affirmed in part and reversed in part.
6 minute read

The Legal Intelligencer

Commonwealth v. Ovalles, PICS Case No. 16-0987 (Pa. Super. July 25, 2016) Stevens, J. (18 pages).

By | August 12, 2016
No violation, per Brady v. Maryland, occurred where detectives or prosecutors prepared no written reports or notes with respect to interviews with a commonwealth witness other than the ones disclosed to the defense, such that the commonwealth could not have disclosed inconsistencies between the eyewitness' trial testimony and his prior statements to police and prosecutors, and the defense had the opportunity to cross-examine the eyewitness on the inconsistencies in his testimony. Judgment of sentence affirmed.
6 minute read

The Recorder

Borrayo v. Avery

By | August 11, 2016
5 minute read

New Jersey Law Journal

State v. Rinker

By | August 11, 2016
Evidence Insufficient to Trigger Forfeiture-by-Wrongdoing Hearsay Exception
5 minute read

New Jersey Law Journal

Court Filing Alleges Christie 'Flat Out Lied' About Bridgegate

A court filing in the Bridgegate criminal case quotes a former aide to Gov. Chris Christie as saying he "flat out lied" about whether his campaign director and senior staff were involved in the lane-closure scandal.
7 minute read

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