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Capitol Report
Following is a listing of executive and legislative action for the week of Oct. 25. Both houses of the General Assembly were in recess at press time. The Pennsylvania Senate and state House of Representatives were scheduled to return to session Nov. 8.
Felony Count Over 43 Cents' Worth of Mountain Dew Is Dropped
Under Pennsylvania’s three-strikes law, a third theft charge must be a felony, regardless of the amount or value involved. He faced up to seven years in prison.
Not All Distributions Are 'Disbursements' Subject to US Trustee Fees
Nowhere else is the old saying “you can’t escape death and taxes” better exemplified than in Chapter 11. Under the Bankruptcy Code, debtors are subject to stringent reporting and fee requirements imposed by the Department of Justice and the Office of the U.S. Trustee.
Contrary to Popular Belief, Many Junior Attorneys Want to Work in the Office
They’ve geared their life around living in a city and living in an office. Working alone 10 to 12 hours a day gets old really quick, one firm leader said.
No Legal Roadblocks: Making Employee COVID Vaccinations Mandatory (Part 2)
The Equal Employment Opportunity Commission (EEOC) released guidance early this year stating that employers could require vaccination for employment, given the public health crisis, so long as accommodations/exceptions were provided for those with qualifying medical conditions and sincerely held rel...
Product Liability Suit Over Broken Bicycle Seat Removed to Fed Court
This suit was surfaced by Law.com Radar. Read the complaint here.
Cyber Security Company NortonLifeLock's Bid to Acquire Avast Sparks Securities Lawsuit
This suit was surfaced by Law.com Radar. Read the complaint here.
Window Manufacturer Faces Employment Discrimination Claims
This suit was surfaced by Law.com Radar. Read the complaint here.
Sheriff's Sales & Public Notices
View Sheriff's Sales, Public Notices and Notices to the Bar from today's edition of The Legal Intelligencer.
In $7M Stipulated Verdict Against SEPTA, Kline Sees Vehicle to Challenge Damages Cap
Attorney Tom Kline said pronouncements from the Pennsylvania Supreme Court casting doubt on recovery limits raise the potential to finally break those caps, which have been in place for 40 years.
Penguins Face Suit Over Former Minors Coach Accused of Assault
Jarrod and Erin Skalde sued the Penguins nearly a year ago, alleging former Wilkes-Barre/Scranton coach Clark Donatelli molested Erin Skalde during an outing on a road trip in 2018.
ICYMI: Attorney and Disability Advocate Haley Moss on Why Remote Work Makes Her 'Incredibly Hopeful for the Future'
We’ll be back next week with a new episode, but until then we’re highlighting an interview from July that is only becoming more relevant as legal employers continue to contemplate office returns.
Zayn Malik Pleads No Contest to Harassing Gigi Hadid, Mom
The former One Direction singer was accused of grabbing Yolanda Hadid and shoving her against a dresser, according to court documents.
Meet the 2 Political Action Committees That Are Bankrolling Pa.'s Judicial Races
Observers have described the Committee for a Better Tomorrow as a pragmatic group that, while Democratic leaning, does not strictly adhere to political rigid political ideologies. Contrast that with the Commonwealth Leaders Fund, which some observers described as more dogmatic.
If I Had Known Then What I Know Now An Update
My most frequently requested item during the 17 years I have been writing this column, was the two-part series with the title you see, above. I have updated the piece and combined it into this singular article. I hope it is instructive.
Criminal Defense Attorneys Say Recently Passed Senate Bill Would Lead to Unnecessary Jail Time
The bill, modeled on a Texas law, is aimed at filling a gap in the law that was not covered by existing codes regarding evading arrest in a vehicle. It was inspired by an incident that killed a northeast Pennsylvania police officer.
Ethics question: "I am involved in a judicial race and my opponent is a member of an organization that does not admit women. There is an annual dinner, but only men can participate. Women just make the meal. I don’t know if there is any racial discrimination, but normally it is an all-white group. Is that a problem for that candidate?"
I represent several clients in a very serious motor vehicle accident where there were a number of vehicles involved and people were badly hurt. Can...
Meet Our In-House WIPL GCs of the Year and Lifetime Achievers
In these candid Q&As, the honorees share their top leadership advice.
Larry E. Coben, who authored this article, is a shareholder at Anapol Weiss.
http://ow.ly/l8sO50GAui4
Product manufacturers typically raise the following defenses in the trial of strict liability-personal injury/wrongful death cases in Pennsylvania.
ICYMI. Conrad O'Brien partner Chris Lucca and associate David Singh analyze "Johnson v. National Collegiate Athletic Association."
http://ow.ly/R2QC50GAkpm
In Johnson v. National Collegiate Athletic Association, (E.D. Pa. Case No. 19-cv-05230), five colleges and universities, along with the NCAA, are now…
Amid Circuit Split, 3rd Circuit Clarifies Government's Ability to Dismiss False Claims Cases
We conclude that the government is required to intervene before moving to dismiss and that its motion must meet the standard of Federal Rule of Civil Procedure, the court said.
ICYMI. Pennsylvania Supreme Court hopeful Kevin Brobson, who is president judge of the Commonwealth Court, is taking heat for part of an ad criticizing his opponent, Superior Court Judge Maria McLaughlin.
http://ow.ly/9HFU50GzB1k
The bar group said that the 30-second spot is inaccurate and violates the pledge each candidate has signed onto agreeing to conduct their campaigns...
A new ruling by the Florida Supreme Court is a cautionary tale for any attorney attempting rehabilitation without proper guidance or follow-through.
http://ow.ly/nPea50GAlMg
“This opinion is a slap in the face of the trial judge, and it sends a disheartening message to suspended lawyers that they should not bother...
These insights are by Patrick Cummings, an associate with Weber Gallagher.
http://ow.ly/HNbv50GAtK4
In recent years, new case law and economics presented hurdles that left insurance companies wondering whether or not the labor market survey...
Ex-Employees of NE Pa. Company File Pair of WARN Act Suits Following Mass Layoff
The complaints allege the transit infrastructure company DBi didn't comply with the WARN requirement that employees be notified of facility closings and mass layoffs in writing at least 60 days in advance.
Ethics question: "I represent several clients in a very serious motor vehicle accident where there were a number of vehicles involved and people were badly hurt. Can I get an advance agreement from all of my clients that they will accept the settlements offered as agreed to by the majority of the clients I am representing? "
I represent several clients in a very serious motor vehicle accident where there were a number of vehicles involved and people were badly hurt. Can...
Scott Cooper of Schmidt Kramer, P.C., an attorney for plaintiff Easton police detective Matthew Rush, said the decision was a win for accident victims.
http://ow.ly/8iNz50GAtzr
Counsel for the plaintiff said the decision was a win for accident victims and a blow to insurers, who have been getting a free ride all these years.
Fox Rothschild LLP is offering diversity credits equal to 50 billable hours per year to attorneys who engage in a wide range of activities.
http://ow.ly/JGO150GAtuT
“We believe that providing superior client service depends on our ability to draw on the insights and experience of attorneys from diverse...
Multi-Impact Crash Caused Neck Injury: Bus Driver
On Sept. 6, 2018, plaintiff Efrain Santana, 57, a bus driver, was operating a shuttle bus on Interstate 76, in Philadelphia.
Recent departures and current employees of the Philadelphia District Attorney’s Office say somewhere between 20 and 30 people have left in the past six months.
Many sources note that the number could very well be higher.
http://ow.ly/P80b50GAu6S
The DA's office, however, boasts that its staffing is as high as it has ever been, with more than 300 attorneys on board.
“What the court decides in this case will immediately impact hundreds of thousands of Pennsylvanians.”
http://ow.ly/quJg50GAtsQ
After hearing both sides, the justices are set to cut through the smoke surrounding the parameters of what the Medical Ma*****na Act protects. The government argued that the odor of pot could contribute to a determination—on the totality of circumstances—that a search should be conducted.
"What the client cares about isn’t where a lawyer is physically sitting; it’s what lawyers are doing to help them and their business succeed that is top of mind."
http://ow.ly/9pvW50GAmcC
If Big Law can't learn to innovate today, there's no need to worry about reopening the office tomorrow.
Margolis Edelstein Sues Road Maintenance Company Over Mass Firing
This suit was surfaced by Law.com Radar. Read the complaint here.
Is Phila. DA's Office Hemorrhaging Staff? Some Lawyers See Negative Effect on Court Calendar
The DA's office, however, boasts that its staffing is as high as it has ever been, with more than 300 attorneys on board.
ICYMI. Blank Rome LLP's Stephanie Gantman Kaplan and Oliver R. Katz analyze the Third Circuit's recent opinion in employment discrimination case "Kengerski v. Harper."
http://ow.ly/Sljr50GzrLG
It is common knowledge that Title VII of the Civil Rights Act of 1964 (Title VII) prohibits employment discrimination on the basis of an employee’s…
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Although lawyers get paid working remotely because of the coronavirus, anyone out there know what’s going on with support staff and hourly workers? Can they work from home? Are they getting paid? We’d like to hear about it.
Staff reporters Gina Passarella and Zack Needles discuss the most significant lateral moves in the Pennsylvania legal market over the past year.
The 2010 Lawyers on the Fast Track were honored during a recent dinner hosted by The Legal Intelligencer. In this video, this year's winners are presented with their awards.
The 2010 Lawyers on the Fast Track were honored during a recent dinner hosted by The Legal Intelligencer. In this video, publisher Hal Cohen and editor in chief Hank Grezlak discuss the winners and the nomination process.
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