Monday, November 17, 2008
Sunshine Act
Is It Always Sunny in Philadelphia?
Free Article
Philadelphia Mayor Michael A. Nutter's decision to hold secret meetings with a quorum of City Council to discuss impending budget cuts, and the city solicitor's legal opinion in support of the practice, has sparked new debate over when elected officials cross a line between informal discussion and policy-making that must be done in the light of day.
Joyce Jury Hears Closing Arguments
It was former Superior Court Judge Michael T. Joyce's propensity to think the worst about his medical condition that led him to collect $440,000 in insurance claims after a slow-speed automobile accident in August 2001, one of his defense attorneys said today.
Estates
Killer's Death Doesn't Negate Slayer's Act
The heirs of a man who murdered his estranged wife and then killed himself may not collect any part of the couple's estate under provisions of the Slayer's Act, a Superior Court panel has ruled in case where two sets of step-children fought over their dead parents' assets.
Criminal Law
Is the Superior Court Too Tough a Sell?
A Philadelphia lawyer, attempting to withdraw from a case because he believes his client's appeal lacks merit, has been granted allocatur by the Pennsylvania Supreme Court to argue that the Superior Court requires too much of attorneys filing Anders briefs.
Taxation
In Case of Tax Exemptions for Vets, It's All or Nothing
A county tax assessment board erred when it decided that only one acre of a disabled Vietnam War veteran's 2.15-acre property could be exempted from taxes, a Commonwealth Court panel ruled.
Civil Practice
An Even Keel
The Supreme Court case of Exxon Shipping, et al. v. Baker, 128 S. Ct. 2605, (2008) concerned the grounding of the Exxon Valdez super tanker in Alaska in 1989, and the oil spill damages resulting from that event.
ADR
Arbitrability of Arbitration Clauses Must Be Spelled Out
A Court of Common Pleas judge has ruled in a case of first impression that members of the judiciary -- not arbitrators -- are responsible for deciding disputes over the scope of arbitration clauses unless a contract explicitly states otherwise, but that arbitrators remain responsible for determining the validity of a contract as a whole.
Obituary
Catherine Baker Knoll, 78, Dies After Fight With Cancer
Catherine Baker Knoll, who at age 72 became the first woman to be elected as Pennsylvania's lieutenant governor, died Wednesday after a four-month battle with cancer. She was 78.
Public Utilities
Commonwealth Court Defines 'Nonbypassable' Costs
Pennsylvanians who were required to help pay for low income customers' electricity prior to de-regulation of the industry are still responsible to pay those costs now, but customers that didn't have that obligation before, still don't.
Litigation
Name Your Price
Damage remedies can be complicated. Even seemingly straightforward lost earnings calculations produce significantly different results among experts. There is simply no one-size-fits-all approach.
People in the News
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News in Brief
Justices Deny Newspaper's Challenge To Secret Litigation in Discrimination Case
Commonwealth Court Hears Arguments On Philadelphia Assault Weapons Ban
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