Pennsylvania Law Weekly News

Attorneys Await Answers on Key Products Liability Questions

By Ben Seal |

When Tincher v. Omega Flex landed on products liability attorneys' desks 15 months ago, its 137 pages left them looking for more. The state Supreme Court's fervently awaited decision raised a series of questions, the most pressing of which was when the other foot might drop.

Courts Tackle Centre Co. Open Records Disputes

By Lizzy McLellan |

In Centre County, disagreements over open records requests have entangled county authorities, particularly the district attorney, in multiple legal battles spread across the county trial court, the intermediate state appellate courts and federal court.

Ostensible-Agency Theory Keeps Hospital in Med Mal Case

By Ben Seal |

A hospital has been denied summary judgment in a medical malpractice case because the plaintiff had sufficient reason to believe the doctor who performed his biopsy was its agent.

Supreme Court to Hear Impairment Rating Validity Issue

By Ben Seal |

The Pennsylvania Supreme Court has agreed to hear arguments over the validity of impairment rating evaluations in workers' compensation cases that do not consider additional injuries not yet formally added to the injury description at the time of the IRE.

Justices Take Up Implied Consent for Unconscious DUI Suspects

By Max Mitchell |

The state Supreme Court has agreed to hear arguments over whether police should have to secure a warrant before performing a blood test on an unconscious person suspected of driving under the influence.

J&J Hit With Verdict In Second Pelvic-Mesh Case

A Philadelphia jury handed up a $13.5 million award to a woman claiming she was permanently injured from a pelvic-mesh device that eroded inside her.

Forklift Manufacturer Not Liable for Worker's Injuries

A Philadelphia jury found in favor of a forklift manufacturer in a personal injury and products liability suit brought by a worker injured when a machine was driven "forks first" into him from behind.

Sam Stretton

Judicial Institution Could Be Tarnished If Judges Appeared as Character Witnesses

By Samuel C. Stretton |

I have a client who is facing professional disciplinary sanctions and wishes to have a number of judges appear as character witnesses. What steps do I have to take to have judges appear?

Leonard Deutchman

Meet the New Rule 37(e): Will We Get Fooled Again in 2016?

By Leonard Deutchman |

Editor's note: This is the first of a two-part series examining new Rule 37(e).

Jay Evans

Showing and Not Telling in Appellate Advocacy

By Jay Evans |

I decided recently I wanted to return to performing on stage. Because I did not need to memorize anything, I chose improv comedy as a vehicle to do that. One of the first lessons drilled by my instructors was simple: Show, don't tell.

Municipal Stormwater Permitting and Stormwater Authorities

By Teresa K. Schmittberger and Timothy J. Horstmann |

The Pennsylvania Department of Environmental Protection, or DEP, is in the process of finalizing changes to individual and general permits for Municipal Separate Storm Sewer Systems (MS4s) that would result in stringent and costly requirements on municipalities throughout the state. Coincidentally, the Municipality Authorities Act was recently amended to allow for creation of stormwater authorities. In light of the growing regulatory burden associated with municipal stormwater permitting, municipal officials increasingly are looking to form stormwater authorities as a vehicle to comply with these requirements.

CAPITOL REPORT

By John L. Kennedy |

Following is a listing of executive and legislative activity for the week of Feb. 9. The General Assembly is scheduled to return to session March 14.

State Budget Remains in Limbo

By John L. Kennedy |

Gov. Tom Wolf's budget address last Tuesday made negotiating a complete budget this fiscal year and anything resembling a budget next year that much more uncertain.

ACLU Drops Opposition to DNA Database Bill

By John L. Kennedy |

An amendment approved on the House of Representatives floor that deleted familial searches in a DNA database bill was the final change the American Civil Liberties Union of Pennsylvania needed to drop its opposition to the legislation.

People in the News—Pa. Law Weekly Feb. 15, 2016—Eastburn and Gray

Judy Hayman of Eastburn and Gray was elected shareholder.