Central PA

DA Sues Centre County Officials, Alleging 'Power Play'

By Max Mitchell |

The Centre County district attorney who was accused of forging a judge's signature has sued several attorneys and county officials involved in what she alleges was a "power play" against her.

Evidence of Lawsuits Denied in Wax Explosion Case

By P.J. D'Annunzio |

A woman who was severely burned when a jar of body wax exploded in her hand cannot introduce evidence of other wax-related lawsuits in her case against the manufacturer, a federal judge has ruled.

gavel, scale, and law book

'Kids-for-Cash' Figure Agrees to $4.75M Settlement

By Max Mitchell |

Robert J. Powell, the former co-owner of two private juvenile-detention facilities at the center of the Luzerne County "kids-for-cash" scandal, has agreed to pay at least $4.75 million to settle his portion of a civil suit brought by a class of juvenile plaintiffs.

penn state

PSU Administrators Ask Superior Court to Toss Charges

By Max Mitchell |

Attorneys representing three former Penn State administrators accused of covering up the acts of convicted serial child molester Jerry Sandusky argued Tuesday the prosecution should be dismissed because they were not properly represented by counsel during grand jury investigations.

Attorney General Kathleen Kane

Sources: Criminal Charges for Kane Expected

By Lizzy McLellan and Max Mitchell |

Sources have told The Legal that state Attorney General Kathleen G. Kane is expected to be criminally charged.

Alternate Fuel-Tank Designs Discoverable in Daimler Case

By P.J. D'Annunzio |

A federal judge has allowed a plaintiff to conduct discovery on alternate fuel-tank designs in the case of a man who burned to death in a fire caused by a fuel tank rupture on a truck manufactured by Daimler subsidiary Freightliner.

New Trial Set in Med Mal Case Over Barred Expert Report

By Lizzy McLellan |

A Lackawanna County Court of Common Pleas judge has granted a new trial in a medical negligence case over an expert report that was excluded from the case, but referenced in testimony.

Bar Code on Envelope Violates Debt-Collection Act

By Ben Seal |

Following a Third Circuit ruling last year finding a debtor's account number on the outside of an envelope violates the Fair Debt Collection Practices Act, a Pennsylvania federal judge has ruled embedding that number in a bar code is equally problematic given the advent of smartphone bar-code readers.

Harrisburg

Grand Jury: Ex-Harrisburg Mayor's Corruption Included Vampire Kit

By Max Mitchell |

A former mayor of Harrisburg has been charged with allegedly siphoning public funds from civic projects, including the retrofitting of the city's incinerator, to purchase a host of artifacts and memorabilia, such as a vampire hunting kit, that he allegedly planned to use for a museum.

Justices Deny Bid to Get Freeh Report Documents

By Max Mitchell |

The state Supreme Court has declined to hear a Penn State alumnus' bid to access documents related to the Freeh report that had been received by the former Pennsylvania secretary of education.

gavel, scale, and law book

Justices Take Up Luzerne County Public Defender Funding Suit

By Lizzy McLellan |

The Pennsylvania Supreme Court is allowing an appeal from an ousted Luzerne County chief public defender over the amount of funding provided to his former office, from which he was dismissed two years ago.

Fracking Water Transportation Falls Under FLSA Overtime Rules

By Gina Passarella |

Two trucking companies that make deliveries to natural-gas drilling sites in Pennsylvania cannot escape the Fair Labor Standards Act's overtime rules because their transport of water within the state is not so integral to interstate commerce to fall under any overtime exemptions outlined in the federal Motor Carrier Act.

Longtime Prosecutor to Head Dilworth White-Collar Team

By Gina Passarella |

Linda Dale Hoffa, a longtime prosecutor with the U.S. Attorney's Office for the Eastern District of Pennsylvania and the state Attorney General's Office, will soon join Dilworth Paxson to co-lead the firm's corporate investigations and white-collar practice.

Ex-Husband Off Hook for False Sex Ad, for Now

By Max Mitchell |

An ex-husband, who allegedly falsely advertised online that his ex-wife was offering to provide sexual services, did not owe his ex-wife a sufficient duty to establish liability for negligent infliction of emotional distress, a court of common pleas judge has ruled.

penn state

Former Student Sues PSU, Frat Over Hazing

By Max Mitchell |

Penn State is once again being accused of failing to act in the face of allegations of sexual misconduct, this time in a case of student hazing.

penn state

Sandusky Accuser Appeals AG's Decision Not to Prosecute

By Max Mitchell |

An alleged victim of convicted serial child molester Jerry Sandusky is appealing the state attorney general's decision not to prosecute his case.

medical malpractice

Appeal of Earlier Order Allowed in Consolidated Litigation

By Lizzy McLellan |

The state Superior Court has jurisdiction to hear all appeals regarding separate judgments in consolidated medical malpractice litigation, even though one of the judgments predated the others by almost two years.

Jury Sides with Doctor on Failure-to-Diagnose Lawsuit

By Lizzy McLellan |

A Dauphin County jury sided with the defendant in a medical malpractice case involving a patient's internal hernia and subsequent bowel transplant.

Shredded paper series - confidential

Insurance Employees' Thoughts Privileged in Bad-Faith Case

By P.J. D'Annunzio |

A federal judge has refused to compel discovery of documents detailing State Farm employees' mental impressions after a bad-faith case was filed against the insurance company.

insurance policy

Widow Beats Insurance Carrier's Criminal Exception Claim

By Saranac Hale Spencer |

A 25-year-old man who died after passing a truck on his motorcycle in a no-passing zone wasn't committing a crime at the time of the accident, so his wife can collect on his life insurance policy, a federal judge has ruled.

Parties Spar Over Alternative DUI Testing at Arguments

By Max Mitchell |

A lawyer representing a Luzerne County attorney who declined chemical testing for allegedly driving under the influence argued before the state Supreme Court that motorists suspected of DUI should be given a choice of being tested for blood alcohol content.

Former Foster Child Is a Ward Under Auto Policy

By Lizzy McLellan |

A 19-year-old man who had been the foster child of an insured family should be considered a ward of that family for the purposes of insurance coverage, the Superior Court has ruled.

Justices Mull Damages Requirement in Defamation Suits

By Lizzy McLellan |

Attorneys for a newspaper publisher and a pair of plaintiffs alleging defamation were at odds before the Pennsylvania Supreme Court in Harrisburg last week over the constitutional requirements to make a defamation case.

High Court Eyes 'Normal' Practices Under Farming Law

By Lizzy McLellan |

In its first bout with the Right to Farm Act, the Pennsylvania Supreme Court heard arguments May 5 over the use of biosolids as a normal farming practice.

patent stamp

Fed. Judge Awards $1M in Electrical Fitting Patent Dispute

By Saranac Hale Spencer |

A Scranton-based electrical fittings manufacturer has won a million-dollar damages award on summary judgment in a long-fought patent dispute with a rival company.

Tech Exec Gets Out of Business Dispute Case

By Saranac Hale Spencer |

An executive at a tech company got out of a lawsuit over a soured business deal after he got the declaration of a lawyer struck.

penn state

Personnel Changes Won't Disrupt PSU Officials' Prosecutions

By Max Mitchell |

A few behind-the-scenes changes in the criminal cases against the three former Penn State administrators accused of covering up the crimes of convicted serial child molester Jerry Sandusky will not likely disrupt the prosecution or delay the cases, several court watchers told the Law Weekly.

PSU Trustees Seek Freeh Docs to Weigh Liability, Future Litigation

By Max Mitchell |

A cadre of Penn State trustees say they need full access to Freeh report source materials not only to monitor the university's civil liability for child sexual-abuse claims, but also to evaluate the possibility of instituting a future lawsuit over the report itself.

Corporate Counsel Denounce Disclosure in Paterno Case

By Max Mitchell |

The Association of Corporate Counsel is concerned with what it claims will be a serious erosion of the attorney-client privilege in Pennsylvania if a recent decision in Paterno v. NCAA is allowed to stand.

Ex-Hostage May Sue Captor's Psychiatrist

By P.J. D'Annunzio |

A woman held at gunpoint by her husband while she attempted to move out of the family home may proceed with her case against her husband's psychiatrist.

gavel

Centre County Courts 'in Turmoil'

By Max Mitchell and Lizzy McLellan |

In Centre County, a spate of lawsuits involving jurists, attorneys and county officials has created a contentious atmosphere, after several controversial open records requests opened a can of worms.

Attorney General Kathleen Kane

Justices Rule Against Kane in Grand Jury Leaks Case

By Max Mitchell and Hank Grezlak |

The Pennsylvania Supreme Court has denied state Attorney General Kathleen Kane's efforts to throw out a potential prosecution against her for allegedly leaking confidential grand-jury information.

Judge Won't Modify Broad Protection Order in Paterno Suit

By Max Mitchell |

A broad protection order barring disclosure of pretrial discovery materials will stay in place in the Paterno v. NCAA suit, the judge overseeing the case has ruled.

insurance policy

Superior Court Upholds $2M Bad-Faith Verdict

By P.J. D'Annunzio |

A $2 million bad-faith verdict—including roughly $1.5 million in punitive damages—against an insurance company in a property ownership dispute originating in Lackawanna County has been affirmed by the state Superior Court.

Diagnosis Starts Clock for Filing Asbestos Claim

By P.J. D'Annunzio |

The state Superior Court has ruled the statute of limitations for an asbestos-related wrongful-death claim begins to run at the time of a diagnosis of illness.

A Push by Some for Looser State Rules Over Referral Fees

By Gina Passarella and P.J. D'Annunzio |

A media report earlier this month about law firm emails that purport to show former Justice Seamus P. McCaffery, and not his wife, may have been the one to refer out certain cases while on the bench, has again raised questions about Pennsylvania's comparatively lax referral-fee rules.

gavel and book

Federal Judge Rules on Post-'Tincher' Products Liability

By Saranac Hale Spencer |

In one of the first federal opinions to address the Pennsylvania Supreme Court's November decision that retooled products liability law in the state, the judge decided to send the claims for negligence and strict products liability to trial.

verdicts and settlements

Sewer Fees Not Required at Widow's Unoccupied House

A judge in Lackawanna County has decided in favor of the defense in a case involving sewer fees for an uninhabited house.

Judge Deletes Two Cybersecurity Class Actions

By P.J. D'Annunzio |

A federal judge has dismissed two data breach class actions—filed by plaintiffs whose personal information was hacked from a payroll company—because no apparent identity-theft-related crimes occurred as a result.

Federal Claim Tossed in Suit Over Student's Death

By P.J. D'Annunzio |

Municipal entities cannot be held liable in a wrongful-death case for creating dangerous circumstances that the plaintiffs claim led to a high school student being struck and killed while crossing a highway to get to his bus stop, a federal judge has ruled.

patent stamp

Jawbone Maker Counterclaims OK'd in Infringement Suit

By Saranac Hale Spencer |

The maker of Jawbone activity trackers, which has been accused of infringing on another company's patents, has brought a counterclaim for inequitable conduct on the patent holder.

penn state

PSU Administrators' Prosecutions on Hold

By Max Mitchell |

The prosecution of three former Penn State administrators for allegedly covering up the crimes of convicted serial child molester Jerry Sandusky will remain on hold pending the appeals of a ruling from January denying the defendants' bid to drop the case.

Former Worker Quashes University's Subpoena

By Saranac Hale Spencer |

A former University of Scranton police officer has persuaded a federal judge to keep the school from subpoenaing her current employer for her records.

fracking

In First Crack at Fracking Issue, Judge Sides With Driller

By Gina Passarella |

A federal judge, in a case of first impression involving fracking in Pennsylvania, took a literal definition of "adjacent" when determining whether a gas company's compression sites should be lumped together when looking at potential Clean Air Act violations.

Dauphin County Aims for One Judge Per Family

By Lizzy McLellan |

Culminating a multi-decade effort, Dauphin County has opened a designated family court, with three judges dedicated to family court cases.

Nelson Brown's Big Drop in Head Count Raises Questions

By Max Mitchell |

In a little more than the past year, insurance boutique Nelson Brown Hamilton & Krekstein has gone from roughly 75 attorneys to now around 25, leading to questions about the firm's long-term future.

Attorney Fees in Patented App MDL Denied

By Saranac Hale Spencer |

The chief judge of the Western District of Pennsylvania has denied attorney fees to a bank that had been accused of violating another company's patent in its banking app.

settlement

McCord Pleads Guilty to Two Counts of Extortion

By Gina Passarella |

Former state Treasurer Rob McCord, 55, pleaded guilty Tuesday to charges of extortion related to his attempts to secure campaign contributions for his 2014 gubernatorial bid.

penn state

NCAA-Penn State Settlement Turned on Court Ruling

By Max Mitchell |

When an en banc panel of the Commonwealth Court ruled in April 2014 that the consent decree the NCAA levied against Penn State, which included a $60 million penalty, might not have been properly entered into, the lead attorney in the case knew he was about to be slammed with discovery demands.

Corman Releases Discovery Docs in NCAA Suit

By Max Mitchell |

Calling upon the NCAA to conduct an investigation into how it imposed a consent decree against Penn State, state Sen. Jake Corman, R-Centre, released nearly 5,000 pages of documents uncovered while his suit against the college athletics governing body was being litigated.

Supreme Court to Eye 1806 Law in Oil and Gas Case

By Lizzy McLellan |

The Pennsylvania Supreme Court has agreed to consider a case in which the heirs to a Centre County property were stripped of their oil and gas rights because of an "arcane" and outdated tax assessment law.

Case Over Fired Open Records Officer Set for En Banc Hearing

By Lizzy McLellan |

The Commonwealth Court has scheduled a March en banc session to hear arguments over Gov. Tom Wolf's dismissal of the executive director of the Office of Open Records.

U.S. Gov't Fails to Get Out of Nuclear Cleanup Case

By Saranac Hale Spencer |

The federal government has failed in its attempt to get out of a multimillion-dollar suit over the cleanup of a radioactive waste disposal site in central Pennsylvania, even though it already agreed to pay the state $10 million a decade ago, under a federal judge's order.

Signing a contract

Centre County DA Accused of Forgery, Alleges Conspiracy

By Max Mitchell |

An embattled district attorney who has been accused of forging a judge's signature is claiming that she is the subject of a conspiracy.

verdicts and settlements

Contractor Entitled to Mechanic's Lien

By Lizzy McLellan |

A Lycoming County judge has decided that Linde Corp., a contracting company, is entitled to a mechanic's lien of more than $216,000 for work it performed on a water withdrawal facility, despite the defendants' claim that the owner of the property did not approve the work.

Jury in Murder Case Not Swayed by Facebook, Judge Rules

By P.J. D'Annunzio |

The case of a convicted accomplice to murder was not prejudiced by social media posts made by the victim's friends and family, a Lackawanna County judge has ruled in an apparent case of first impression.

Obermayer Rebmann Caught Between Client, Litigation Funder

By Gina Passarella |

Obermayer Rebmann Maxwell & Hippel has asked a Pittsburgh federal judge to decide whether the firm's client or a litigation funding company is owed certain money from the client's underlying settlement.

penn state

NCAA, PSU to Settle $60M Dispute, Repeal Sanctions

By Max Mitchell |

Parties on both sides of a dispute over the validity of a consent decree the NCAA imposed against Penn State announced the sanction will be repealed under a proposed settlement agreement.

Luzerne County Defender's Termination Suit Can Proceed

By P.J. D'Annunzio |

Luzerne County Chief Public Defender Albert J. Flora Jr.—who, before being forced out, had sued the county for underfunding the office—can continue with his previously dismissed wrongful-termination suit, the U.S. Court of Appeals for the Third Circuit has ruled.

Out-of-Contract Agreements Tossed From Motel 6 Trademark Trial

By Saranac Hale Spencer |

Texas law would bar a reference to promises made outside of a written franchise agreement in a trademark dispute brought by Motel 6 against owners of a hotel in central Pennsylvania, so those owners can't refer to alleged extra-contractual promises at trial in Harrisburg, a federal judge has ruled.

Drilling Contamination Case Narrowed Against Cabot

By Gina Passarella |

A Pennsylvania federal judge has significantly curtailed the claims in a suit over allegations oil and gas drilling led to the contamination of a Susquehanna County township's water supply.

Court Denies Access to Judge's Email on Sandusky Case

By Max Mitchell |

The Commonwealth Court has denied a right-to-know request for an email a former supervising grand jury judge sent a prosecutor regarding his opinion of the prosecution of convicted serial child molester Jerry Sandusky.

Bucknell Student's Defamation Claim Against Lawyer Survives

By Saranac Hale Spencer |

A federal judge has dismissed all claims made by a former Bucknell student against the university following the 2010 internal student conduct proceeding stemming from an accusation that he had assaulted a female student. His claim against the woman's lawyer, though, has survived.

Fracking, Penn State Topped Commonwealth Court Agenda

By Lizzy McLellan |

The Commonwealth Court in 2014 took on several issues of national importance.

Pa. Justices Take on Noncompete Agreement Case

By Lizzy McLellan |

The Pennsylvania Supreme Court has agreed to hear arguments in a first-impression case that defined employers' obligations to an employee signing a noncompete agreement.

Pa. Supreme Court Takes Up Attorney's Breath-Test Appeal

By Max Mitchell |

The state Supreme Court has agreed to hear arguments over whether an attorney, who declined to undergo a chemical test following his arrest for allegedly driving under the influence but offered to alternatively take breathalyzer and urinalysis tests, should have his driver's license suspended for one year.

Class Arbitration Question Certified to the Third Circuit

By Saranac Hale Spencer |

Classwide arbitration is a murky area of law and a federal judge in Pennsylvania has certified one of its threshold questions—whether district courts or arbitration panels are supposed to decide which one will determine if a given contract allows for arbitration of classwide claims—as an interlocutory appeal to the Third Circuit.

Union Violated Law by Discouraging Volunteer Firefighters

By Lizzy McLellan |

A firefighters' union was in violation of labor law provisions when it told volunteer firefighters to refrain from responding to fires in the Chambersburg Borough, the Commonwealth Court has ruled.

Superior Court Waives Defective Complaint in Foreclosure Case

By Max Mitchell |

The state Superior Court has waived the appeal of a mortgage foreclosure action in which a bank's complaint was verified in possible violation of the rules of civil procedure.

Benefits Denied in Noose and 'N-Word' Case

By Max Mitchell |

The Commonwealth Court has found that expert reports were insufficient to warrant an award of workers' compensation benefits for the only black female worker at a Carlisle, Pa., foundry, despite reports of one co-worker using "the N-word," another making disparaging comments about women and a noose being hung in an office.

NCAA Fights for Broad Protection Order in Paterno Suit

By Max Mitchell |

The NCAA is citing its ongoing spat with state officials in a separate case as evidence that a protection order in Paterno v. NCAA should limit pretrial disclosure.

Court Recording Devices Raise Concerns in Monroe County

By Max Mitchell |

Attorneys in Pennsylvania are once again concerned about the use of audio equipment in courtrooms possibly recording confidential conversations between attorneys and their clients.

High Court to Consider Reasonable Suspicion for Sobriety Test

By Lizzy McLellan |

The Pennsylvania Supreme Court has agreed to hear arguments on reasonable suspicion to perform sobriety tests in a York County DUI case.

verdicts and settlements

Jury Awards Damages To Injured Driver With UIM Coverage

By Lizzy McLellan |

A Centre County jury has awarded $400,000 to a man who was injured in a car accident outside of Nittany Mall.

Fed. Judge Sends Spanier, Freeh Suit Back to State Court

By Max Mitchell |

A federal judge has remanded a potential defamation suit against Louis J. Freeh to state court, effectively ending for now Freeh's attempts to have the federal court take up the case.

Justices Ponder Eligibility for Benefits During House Arrest

By Lizzy McLellan |

Following arguments last Tuesday in Harrisburg in Chamberlain v. UCBR, the state Supreme Court is tasked with deciding whether a person under house arrest can be eligible for unemployment compensation benefits.

lynn

Lawyer for Lynn Attacks Child Endangerment Conviction

By Max Mitchell |

The attorney representing the first Catholic Church administrative official convicted of endangering the welfare of children abused by other priests argued Tuesday before the state Supreme Court that the conviction should not stand because the official did not have any supervisory interactions with the children.

Pa. Justices Urged to Bar Informed Consent in Med Mal Cases

By Max Mitchell |

For at least one state Supreme Court justice, the issue of whether informed consent forms should be barred from strict medical malpractice suits comes down to the idea that a plaintiff cannot consent to negligent treatment.

pa map

'Kids-for-Cash' RICO Case Moved to Middle District

By Saranac Hale Spencer |

A federal judge in Pittsburgh has moved a RICO suit stemming from the "kids-for-cash" judicial scandal to Scranton, where the events underlying the case took place.

Gas Pipeline Doesn't Violate Landowners' Rights

By P.J. D'Annunzio |

The construction of a natural gas pipeline on private property by a utility company does not infringe upon the landowners' rights, a Lycoming County judge has ruled.

verdicts and settlements

Decedent's Wife Awarded in Perry Co. Dram Shop Case

By P.J. D'Annunzio |

The wife of a man who was killed in a collision with a drunken driver has been awarded $2.5 million in her dram shop case by a Perry County jury.

penn state

State Officials Say NCAA Collaborated on Freeh Report

By Max Mitchell |

Newly released emails show the NCAA collaborated with the Freeh Group in the lead-up to the release of the Freeh report, according to state officials involved in the dispute over the $60 million consent decree the athletic body levied against Penn State University.

Jury box..Photo by Jason Doiy.2-9-11.054-2011

$2.5M Awarded in Perry County Dram Shop Case

By P.J. D'Annunzio |

The wife of a man who was killed in a collision with a drunken driver has been awarded $2.5 million in her dram shop case by a Perry County jury.

Ballard Spahr Fills Chief Marketing Role With Wilmer Hire

By Gina Passarella |

Ballard Spahr's chief marketing position, which had been vacant for more than a year, has been filled by Wilmer Cutler Pickering Hale and Dorr Director of Business Development Timothy John H. Delaney.

Insurance Carrier Off the Hook for Teen's Suicide

By Max Mitchell |

An insurance carrier will not have to be financially responsible for the suicide of a 16-year-old living with her mother and her mother's gun-owning boyfriend, a common pleas judge has ruled.

Cephalon Reverse-Payment Issue Debated Post-Actavis

By Saranac Hale Spencer |

Thirty lawyers and a federal judge wrestled with the question of whether the U.S. Supreme Court introduced a new threshold for plaintiffs to reach when they challenge the payments made by major pharmaceutical companies to generic drugmakers in order to keep the cheaper drugs off the market.

/image/pa/300_pics/asbestos-article.jpg

Justices Take Case on 'Any Exposure' Asbestos Theory

By P.J. D'Annunzio |

The state Supreme Court has agreed to hear arguments over whether an "any exposure" causation theory should have been prohibited in an asbestos case against Ford Motor Co.

Traffic Court

Judge Denies Post-Trial Motions in Traffic Court Case

By Gina Passarella |

The federal judge who oversaw the corruption trial of several former Philadelphia Traffic Court officials indicted in a ticket-fixing scheme has denied motions for acquittal or a new trial filed by the four judges who were found guilty of the lesser charges filed in the case.

State Won't Need to Review Feds' Files on Charged Driller

By Max Mitchell |

Although the ExxonMobil subsidiary the state attorney general last year charged criminally for violations related to fracking can subpoena federal investigators for Brady material, a Lycoming County judge has ruled that state prosecutors will not need to review the federal government's investigative files on the company.

Justices Deny NCAA's Bid to Resolve $60M Consent Decree Case

By Max Mitchell |

The state Supreme Court has denied the NCAA's bid to have the justices strike down a Commonwealth Court ruling that questioned the validity of the $60 million consent decree the athletic body levied against Penn State University.

gevel in a courtroom

Gender Requirement Trumps Seniority in Lackawanna County

By Lizzy McLellan |

Lackawanna County did not violate a collective bargaining agreement when choosing to hire a female detention officer over 12 senior males, the Commonwealth Court has ruled.

McCaffery's Seat Likely to Stay Empty Through 2014

By Max Mitchell and Lizzy McLellan |

The state Supreme Court seat left empty by former Justice Seamus P. McCaffery will likely remain vacant until next year's election, political and legal sources who spoke with the Law Weekly said.

Overall Pennsylvania Bar-Passage Rate for July Test Dipped

By Max Mitchell |

Although some schools saw passage rates for the Pennsylvania bar exam drop by around 10 percentage points, the overall passage rate for the Pennsylvania bar exam's July test saw only a slight drop over last year.

construction

Subcontractor Could Be on Hook for Construction Death

By Lizzy McLellan |

After waiving its immunity under the Workers' Compensation Act, a masonry subcontractor may have to reimburse the general contractor for a $3.1 million settlement owed after the death of the subcontractor's own employee at the construction site, now that the state Superior Court has decided that parts of an indemnification contract are valid as clear agreements.

Superior Court Kicks Auto Case to Centre County

By Max Mitchell |

The state Superior Court is using the recent ruling in Bratic v. Rubendall to allow defendants to transfer a motor vehicle case from Philadelphia to the Centre County Court of Common Pleas.

penn state

$60M NCAA, PSU Consent Decree Dispute Continues

By Max Mitchell |

Although seemingly resolved a month ago, another dispute has arisen between the NCAA and state officials over the $60 million consent decree the athletic body levied against Penn State University. This time the NCAA wants the state Supreme Court to get involved.

Courts Split on Class Arbitrability in Energy Cases

By Gina Passarella |

In the wake of a Third Circuit ruling as to whether the court or the arbitrator determines if a case is suitable for class arbitration, two district judges in the Middle District of Pennsylvania split on how to apply the ruling to separate putative class cases involving the same energy company.

gavel

Partition Case Reinstated Due to Immunity Question

By Max Mitchell |

The Commonwealth Court has reinstated a personal injury suit against a school because the record lacked sufficient information about how an accordian-style partition was secured to school property to justify the application of governmental immunity.

Justices Take Up Whether Juries Should Determine Biosolids Use

By Max Mitchell |

The state Supreme Court has agreed to hear arguments on whether juries should be able to determine if spreading a fertilizer made from recycled sewage sludge, known as biosolids, constitutes a "normal agricultural practice."

picture of man hands signing contract

Berks Judge Rejects Nursing-Home Arbitration Agreement

By Hank Grezlak |

A trial judge has ruled an arbitration agreement a Reading, Pa., nursing home made a resident's family sign was unconscionable because it was so one-sided and violated public policy.