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December 31, 2013 |

People v. Ghebretensae

4 minute read
December 31, 2013 |

Could Baldwin's Role Doom Case Against PSU Officials?

If three ex-Penn State administrators facing charges stemming from failing to properly deal with reports of child sexual abuse by Jerry Sandusky are found to have appeared before a grand jury without proper advice of counsel, their testimony could be incurably affected and even tossed, several white-collar defense attorneys have said.
6 minute read
December 31, 2013 |

Circumstantial Evidence May Authenticate E-Communications

Circumstantial evidence may establish the authenticity of disputed text messages and emails, a Lebanon County judge has ruled, even without direct evidence.
4 minute read
December 29, 2013 |

Investigative Questioning at Roadside Held Not Enough To Trigger Miranda

Failure to read Miranda rights during a noncustodial, roadside interrogation was not grounds for suppressing statements made by a New Jersey man who was a suspect in a shooting rampage.
3 minute read
December 27, 2013 |

Medmal Theory Is Called Into Question

The "maternal forces of labor" theory used to explain a newborn child's injuries and defend doctors against malpractice claims has been rejected by a trial judge nearly two years after an upstate appellate panel discarded the premise on different grounds.
7 minute read
Law Journal Press | Digital Book Pennsylvania Causes of Action, 12th Edition Authors: GAETAN J. ALFANO, RONALD J. SHAFFER, JOSHUA C. COHAN View this Book

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December 26, 2013 |

Privilege Does Not Shield Insurance Papers, Panel Says

Records prepared by an insurance company leading up to its denial of a claim for a purportedly vandalized boat are not shielded by the attorney-client privilege, said a Brooklyn appellate panel.
2 minute read
December 24, 2013 |

Snizavich v. Rohm & Haas, PICS Case No. 13-3300 (Pa. Super. Dec. 6, 2013) Lazarus, J. (13 pages).

Toxic Torts • Wrongful Death/Survival • Occupational Chemical Exposure • Brain Cancer • Expert Testimony • Admissibility
3 minute read
December 24, 2013 |

With UIDDA, Pa. Joins Bandwagon to Simplify Third-Party Discovery

Pennsylvania has joined a growing number of states that have adopted the Uniform Interstate Depositions and Discovery Act. Promulgated by the Uniform Law Commission in 2007 and codified at 42 Pa. C.S. §§ 5331-37, the UIDDA establishes an efficient and inexpensive procedure for out-of-state attorneys attempting to serve subpoenas in Pennsylvania for discovery to be used in an action pending in another state.
5 minute read
December 24, 2013 |

In re SERETRAM, PICS Case No. 13-3258 (E.D. Pa. Nov. 22, 2013) Pratter, J. (7 pages).

Fraud • Transfer of Company Funds • Fraudulent Emails • Discovery • Criminal Investigation • Foreign Tribunal
4 minute read
December 23, 2013 |

Exposing Expert Witness' Bias During Cross: Collateral Attack

In their Trail Advocacy column, Ben Rubinowitz of Gair, Gair, Conason, Steigman, Mackauf, Bloom & Rubinowitz, and Evan Torgan of Torgan & Cooper, write: When dealing with the expert witness, exposing bias is not only an essential part of cross, but one that becomes imperative if counsel is to turn the jury against the so-called "expert."
11 minute read

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