Pennsylvania Law Weekly News

Pa. Lawmakers Revive Bid to Let NRA Sue Over Gun Laws

By Ben Seal |

Three months after the Pennsylvania Supreme Court struck down a law allowing the National Rifle Association and other gun groups to sue municipalities over local gun regulations, state lawmakers are attempting to bring back a nearly-identical replacement.

Joseph Brimmeier arrives for his arraignment at a suburban Harrisburg district judge's office for charges filed in the Pa. Turnpike

Convicted Ex-Turnpike CEO's Suit Against Commission Tossed

By Ben Seal |

The Commonwealth Court had ruled a former CEO of the Pennsylvania Turnpike Commission cannot be reimbursed for the cost of his criminal defense from felony conflict of interest charges though he pleaded guilty only to accepting free hospitality.

Judge: Discovery of Plaintiff's Criminal Record Tainted Jury

By Zack Needles |

The revelation that a plaintiff in a breach of contract case was previously convicted on tax evasion charges may have unfairly prejudiced the jury, an Allegheny Country judge found before ordering a new trial.

Judge Allows Punitive Claims to Proceed in Med Mal Case

By Zack Needles |

A hospital's decision not to place a patient in emergent care despite tests indicating a complete heart block constituted a conscious disregard of a known risk for which punitive damages may be appropriate, a Centre County trial judge ruled.

Speaking to a Client During Cross-Examination Could Affect That Client's Credibility

By Samuel C. Stretton |

My client was in the middle of cross-examination in a criminal case when he asked to be able to speak to me. Am I allowed to talk to a client under those circumstances?

The Challenge of Using 'Parental Alienation' Accusations in a Custody Case

By Melissa Iacobucci |

A separated mother and father are both frequently criticizing each other in front of their 10-year-old child. A separated father tells his children the mother isn't being fair to him. A separated mother complains to the children that the father doesn't have time for them. Do these complaints rise to the level of parental alienation?

Steps for Young Environmental Lawyers to Take for Success

By David G. Mandelbaum |

Autumn has arrived, and with it the promise of a fresh crop of law school graduates entering practice. That means that all the more experienced young lawyers move up a notch in our oddly hierarchical profession. Soon, they will have to sustain themselves; they will have to find enough work from their employers, their partners, or external clients to keep themselves busy without depending on some other, mature environmental lawyer (like me). There are some steps those young environmental lawyers might take to help the process.

merger

What Litigators Should Know About the Mediation Process

By Stephanie H. Klein |

The word mediation is frequently used by litigators, but it often describes different processes. For example, the Delaware County Court of Common Pleas uses a senior judge to help settle cases and his efforts are commonly referred to as mediation. In a conference that might last 45 minutes, he speaks to attorneys after carefully reviewing their memoranda.

verdicts and settlements

Jury Finds Against Prison Contractor in Inmate's Suicide

By P.J. D'Annunzio |

A federal jury hit a prison health care provider and associated medical staff with a combined $11.9 million verdict after they were found to have not properly addressed the psychiatric needs of an inmate who killed himself.

verdicts and settlements

Defendant's Back Injuries Pre-existed Crash, Jury Finds

On Oct. 10, 2012, plaintiff Carmelo Vargas, in his late 60s, was rear-ended while stopped at a red light on Susquehanna Road, at the intersection with Jericho Road, in Abington. He was in a Chevrolet sedan when it was struck by a Nissan sedan driven by Deborah Maria Gormley. He claimed back injuries, which resulted in a serious impairment of a bodily function.

PLW People in the News—Sept. 27, 2016—Eastburn and Gray

Robert R. Watson Jr., a shareholder in Eastburn and Gray's construction law practice group, presented a seminar titled, "The Pennsylvania Mechanics' Lien Law and the New Construction Notices Directory" to members of the Montgomery Bar Association on Sept. 15 in Norristown.

Capitol Report

By John L. Kennedy |

Following is a listing of executive and legislative action for the week of Sept. 19. Members of the General Assembly are scheduled to return to session the week of Sept. 26.

Lawmakers Push Performance-Based Budgeting

By John L. Kennedy |

The state's annual spending plan is in whole based on what the state agencies and programs spent the year before. Some lawmakers want to change that and are pushing for performance-based budgeting, where agencies will have to prove their spending needs to the legislature based on evidence and data.