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The Legal Intelligencer

Harrison v. Workers' Comp. Appeal Bd., PICS Case No. 17-1112 (Pa. Commw. June 28, 2017) Simpson, J.; (30 pages).

A workers' compensation judge properly calculated an employer's pension offset against workers' compensation benefits based on the maximum monthly amount of pension benefits the claimant could have received, even though claimant opted for a lower monthly rate to provide survivor benefits for his spouse. The court affirmed the decision regarding an offset of claimant workers' compensation benefits.
3 minute read

The Legal Intelligencer

Cook v. City of Philadelphia, PICS Case No. 17-1085 (C.P. Philadelphia, Jun. 14, 2017) Anders, J. (4 pages).

Plaintiff's appeal of an agency decision was properly dismissed due to his failure to file a brief in support of his appeal, as required by the court's scheduling order.
2 minute read

The Legal Intelligencer

Dowds v. Zoning Bd. of Adjustment, PICS Case No. 17-1114 (Pa. Commw. June 27, 2017) Colins, J. (13 pages).

Pending ordinance doctrine did not apply to zoning application where examiner testified application was complete prior to favorable reporting of proposed zoning ordinance out of the city council, the point at which, under the city's zoning ordinance, the proposed ordinance was deemed "pending." Order of the trial court affirmed.
4 minute read

The Legal Intelligencer

Anderson v. Ying et al, PICS Case No. 17-1070 (C.P. Philadelphia July 6, 2017) Shreeves-Johns, J. (13 pages).

Plaintiff failed to produce sufficient evidence that the City of Philadelphia was on constructive notice of a sidewalk defect through evidence that city employees had visited the area for purposes other than to inspect or clean the sidewalk. The court recommended affirmance of an order denying plaintiff's motion to set aside a nonsuit.
6 minute read

The Legal Intelligencer

Pa. Envt'l Def. Found. v. Commonwealth, PICS Case No. 17-1119 (Pa. June 20, 2017) Donohue, J.; Baer, J., concurring and dissenting; Saylor, C.J., dissenting. (63 pages).

Fiscal enactments diverting proceeds from sale and lease of public natural resources away from environmental conservation into the general fund violated commonwealth's obligation as trustee, since proceeds from trust assets were required to be returned to corpus of trust or dedicated to trust purposes. Order of the commonwealth court reversed.
7 minute read

Daily Business Review

Judge Gives State More Time to Defend Abortion Law

A Tallahassee judge gave Florida officials more time to present their defense of a 2-year-old law requiring women to wait 24 hours before receiving an abortion, but seemed skeptical that the state would convince him to keep the law on the books.
5 minute read

New York Law Journal

Davis v. Annucci

Late-Filed Answer Not Dismissed as Sanction For Noncompliance With Scheduling Order
2 minute read

The Legal Intelligencer

General Assembly Sends 'Planned Subsidence' Bill to Wolf

The General Assembly approved SB 624, a bill that would prohibit "planned subsidence" in bituminous coal mining from being considered presumptive evidence that the mining has the potential to cause pollution as defined by the state's Clean Streams Law.
2 minute read

The Recorder

Who Says California's Bar Exam Is Too Tough?

Over the last year California's bar exam has been scrutinized and vilified. But that hasn't stopped a crush of would-be Golden State lawyers from registering for the latest crucible, which starts Tuesday. Applications to take the July bay exam topped 10,000 this year—an increase over last year's numbers.
4 minute read

The Recorder

New Tactic in Climate Change Litigation Could Cost Energy Companies Billions. Or Not.

There's a lovely neighborhood in Marin County, California where we recently thought about buying a house. The lots in Bel Marin Keys aren't big, but they back to lagoons connected to the San Pablo Bay. Just about everyone has a dock in their backyard.
5 minute read

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