With Vacancies Looming, High Court Increases Productivity
The state Supreme Court, engulfed in turmoil much of the fall, has been cranking out decisions in recent weeks, and appellate attorneys have noticed. While they point to the planned retirement of Chief Justice Ronald D. Castille as a driving force, some say the changed dynamic between justices may have played a role as well.READ MORE »
Justices Rule Forfeiture Cases Should Follow Civil Rules
Pennsylvania's highest court has filled in the blanks on how to approach issues in forfeiture cases that are not addressed by the Controlled Substances Forfeiture Act. READ MORE »
Task Force Recommends Significant Orphans' Court Changes
The Pennsylvania Supreme Court's Elder Law Task Force has recommended significant changes to the way the state's Orphans' Courts operate. READ MORE »
Pa. Supreme Court Split on Use of Pre-Arrest Silence
The fine line prosecutors must walk when introducing evidence or making reference to a defendant's pre-arrest silence was on display in two plurality decisions issued by the state Supreme Court late last month. READ MORE »
City Can't Seek Offset From Injured Cop's Settlement
In clarifying a 2011 state Supreme Court decision, the Commonwealth Court has ruled that the city of Philadelphia will not be able to recoup funds from a third-party settlement reached by a police officer who received Heart and Lung Act benefits after his cruiser was rear-ended by a drunk driver. READ MORE »
Lawyers Can Be Paid for Criminal Representation from a Client's Personal Injury Settlement
I am representing a client on a contingent fee personal injury case, which I believe will have a significant recovery. The client has been arrested in the interim in a criminal case. Can I agree to seek payment out of the recovery in the personal injury case for the criminal representation? READ MORE »
Damages Far Exceed Lost Wages for Injured Workers
Once Pennsylvania enacted its Workers' Compensation Act in 1915, its residents officially surrendered their constitutional right to sue their employers in civil court following a work injury. READ MORE »
Are Attorney Fee Awards in E-Discovery Cases on the Rise?
In this month's column, I am not going to discuss this or that last esoteric digital search case. Rather, I am going to discuss something with which everyone reading this column should long be familiar: financial sanctions. READ MORE »