A father may teach his minor child about polygamy against the mother’s wishes because the harm it might create does not supersede his right to the free exercise of religion, the Pennsylvania Supreme Court has ruled. However, the court added that some instances could result in the opposite ruling. In the case, the father of a then-9-year-old girl whose parents were divorced argued that there was no proof that the teaching would cause his daughter “grave” harm even though the practice of polygamy is illegal.
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Posted on Saturday, September 30th, 2006. Filed under: Law Misc, Litigation
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Raising too many issues on appeal is an occupational hazard for attorneys, according to litigator Howard Bashman. Our commentator offers his thoughts on avoiding the lure of that particular pitfall — and also reveals the magic number of appeals that he believes an attorney can legitimately, and prudently, raise.
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Posted on Saturday, September 30th, 2006. Filed under: Law Misc, Litigation
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Attorney opinion work product communicated to testifying experts was subject to mandatory disclosure pursuant to FRCP 26 as component of all information provided to testifying experts (adopting majority view on issue of first impression in circuit).
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Posted on Friday, September 29th, 2006. Filed under: Law Misc, Litigation
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Manufacturer that hired independent contractor for industrial cleaning project did not retain possession and control of premises by “rushing” job or otherwise attempting to secure contract compliance; thus, manufacturer was not liable for injuries suffered by independent contractor’s employee.
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Posted on Friday, September 29th, 2006. Filed under: Law Misc, Litigation
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Life insurance policy never took effect where applicant died on same day that policy arrived in mail, one week after policy’s “date of issue,” but policy was never formally accepted because applicant had yet to pay premium.
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Posted on Friday, September 29th, 2006. Filed under: Law Misc, Litigation
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Business, lawsuits and friendship can make for a combustible mix, as Pennsylvania attorney Paul Rosen and drugstore chain heir Leonard Sylk are discovering. After a dispute involving Rosen and Sylk over interests in a proposed steel plant was settled, an unsigned letter disparaging Rosen’s skill as an attorney circulated among their mutual friends. Rosen, convinced that Sylk either created the letter himself or had others do so, has filed a defamation action against him.
Popularity: 5% [?]
Posted on Friday, September 29th, 2006. Filed under: Law Misc, Litigation
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The 2nd Circuit has ruled that two prominent plaintiffs firms aren’t liable to former clients for failing to sue Arthur Andersen in a securities fraud suit stemming from the largest Ponzi scheme in U.S. history. Counsel for Kirby, McInerney & Squire and Bernstein Litowitz Berger & Grossman noted the irony of class action firms being sued in a class action. “They’re usually accused of suing every deep pocket in sight,” Bertrand Sellier said. “Here they’re exercising restraint and they get sued for it.”
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Posted on Friday, September 29th, 2006. Filed under: Law Misc, Litigation
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It can take years for a case to be decided by the Pennsylvania Supreme Court. But it took the justices just over six months to dispose of the most recent appeal in a case that raises tough questions about how state law treats class decertification and appeals brought by non-aggrieved parties. The court vacated the Superior Court’s most recent holding in the marathon litigation and remanded with instructions to discuss precedent and rules concerning the matter’s two key issues.
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Posted on Friday, September 29th, 2006. Filed under: Law Misc, Litigation
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There was a little something for both plaintiffs and defense attorneys in a $25 million jury award Tuesday against Universal Corp., one of the world’s largest leaf tobacco merchants. The plaintiffs’ side touted the verdict as the largest ever issued by a Madera County, Calif., jury. The defense noted the relatively low compensatory damages, totaling just $200,000. The suit accused Universal of retaliating against employees for tipping off police and insurance investigators about suspected fraud.
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Posted on Friday, September 29th, 2006. Filed under: Law Misc, Litigation
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A Manhattan appellate court has thrown out a former associate’s defamation claim against a onetime boss who harshly criticized her in letters to her clients, finding that his disparaging comments were protected opinion or not sufficiently shown to be false. When the associate resigned from Bruce G. Clark & Associates, taking several clients with her to launch a solo practice, the firm’s principal, Bruce G. Clark, sent letters to two of those clients, describing her as inept with a record of losing cases.
Popularity: 2% [?]
Posted on Friday, September 29th, 2006. Filed under: Law Misc, Litigation
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