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The Legal Intelligencer Blog 

From the oldest law journal in the United States.
Post Frequency: 4.6/day Last Entry: March 29, 2011 at 14:24:47 Recent Entries: 547
By The Legal Intelligencer
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Contested Construction Contract Slows Progress on Phila. Family Courthouse
Posted on February 24, 2011By Amaris Elliott-Engel Of the Legal Staff While the state's public works developer is moving ahead with plans to develop a new family courthouse in Philadelphia, the process has been slowed while the office responds to a protest to its...
Can an Employer Legally Refuse to Hire a Smoker?
Posted on February 23, 2011By Eric B. Meyer Special to the Legal Recently, The New York Times ran a story discussing how some employers are refusing to hire smokers. The article warns, "Smokers now face another risk from their habit: it could cost them...
From Inside Out to Outside In: Seeing Your Case from a Different Perspective
Posted on February 22, 2011By Melissa M. Gomez Special to the Legal In one of the highlight moments as a jury consultant, one of my clients, with whom I was giving a CLE, said to the crowd, ?Jury consultants like Melissa can give us...
Automobile Accidents and the Practice, on 'The American Law Journal'
Posted on February 18, 2011Twenty years ago, every personal injury practice included a fair share of auto accident cases. Not so today. Aside from significant insurance options, what else has changed the face of this area of practice? On Monday, Feb. 21, at 7...
More Million-Plus Awards Out of Philly in 2010
Posted on February 18, 2011By Amaris Elliott-Engel Of the Legal Staff There were a few other cases involving awards over $1 million that The Legal couldn't fit into the print version of the story, "FJD's Million-Plus Awards Increase by One-Third." So here are the...
Former WCJ Joins Pond Lehocky as Of Counsel
Posted on February 17, 2011By Zack Needles Of the Legal Staff Peter E. Perry Jr., a former judge and judge manager of the Workers? Compensation Office of Adjudication, Southeastern District, has joined Philadelphia-based workers' compensation boutique Pond Lehocky Stern & Giordano as of counsel...
7 Ways to Increase Your Desktop Productivity
Posted on February 16, 2011By Neen James Special to the Legal You spend incredibly long hours at your desk, so to make the most of every day at your firm, you need to focus on creating an environment conducive to work. By establishing a...
Tips from Journalists: How to Avoid Being Blacklisted by the Media
Posted on February 16, 2011By Gina F. Rubel Special to the Legal During the past 20 years, I have interviewed hundreds of journalists. Without fail, they share the same ?pet peeves? and stories of what often leads to additions on their blacklists. Some of...
What Baseball Teaches Us About Wealth Planning
Posted on February 15, 2011By Robert H. Louis Special to the Legal The arrival of pitchers and catchers for spring training signals the beginning of what we hope and expect will be an exciting year for the Phillies. We're tempted to look around the...
Analysis of Wisinksi: Negligence v. Bad Faith
Posted on February 15, 2011By Charles Haddick Special to the Legal In my last post, I introduced a bad faith ruling from the Western District of Pennsylvania that has received considerable attention since it was published on Jan. 4. Now, we continue our look...
Seeking Recommendations for Our 'Diverse Attorneys of the Year'
Posted on February 15, 2011By Jaime Bochet Of the Legal Staff Every other year since 2007, The Legal has published a ?Diversity? supplement, alternating years with our ?Women in the Profession? supplement. They are similar in structure, containing a selection of contributed articles, a...
Montco Republicans Endorse Judicial Candidates
Posted on February 14, 2011By Amaris Elliott-Engel Of the Legal Staff The Montgomery County Republican Committee has endorsed attorneys Daniel J. Clifford and Maureen C. Coggins to be the party's candidates in this year's election of two common pleas court judges. The endorsement last...
Appellate Procedures Blog Intro - Part 2
Posted on February 10, 2011By Mandi L. Scott Special to the Legal As we learned in my first entry, Fed. R. App. P. 4(a)(2) and the Cape May Greene doctrine (a premature appeal taken from an order that is not final but is followed...
Reporter's Notebook: Powell a King-Sized Presence on Witness Stand
Posted on February 10, 2011By Leo Strupczewski Of the Legal Staff Robert J. Powell's nearly two hours on the witness stand at Mark Ciavarella?s federal racketeering trial Tuesday was highly eventful. And since The Legal's story could only covered a small portion of the...
Pepper Hamilton Adds Former Morgan Lewis Partner in Washington
Posted on February 09, 2011By Gina Passarella Of the Legal Staff Pepper Hamilton has bolstered its affordable housing and community development practice with the addition of Morgan Lewis & Bockius practice Henry Liu. Liu, who joined Pepper Hamilton today, is based in Washington, D...
More Avandia Cases Settle
Posted on February 08, 2011By Amaris Elliott-Engel Of the Legal Staff Last week, The Legal reported that the first bellwether trial in the Avandia Multidistrict Litigation, based in the U.S. District Court for the Eastern District of Pennsylvania, did not go off because two...
In Search of Fairminded Jurists
Posted on February 07, 2011By Bruce Merenstein Special to the Legal Many principles of law revolve around the concept of a ?reasonable person.? Of course, negligence law often applies a ?reasonable person? standard to determine whether a defendant breached a duty owed to a...
Reed Smith Picks Up Senate Finance Committee Chief Counsel
Posted on February 04, 2011By Gina Passarella Of the Legal Staff Reed Smith has added the former chief minority counsel for the U.S. Senate Committee on Banking, Housing and Urban Affairs to its Washington, D.C., office. Mark Oesterle joined the firm?s financial services regulatory...
"I'll Call In." Minding the Mute Button on Conference Calls
Posted on February 03, 2011By Barely Legal Special to the Legal Editor's Note: This is the first post from our newest blog contributor, who goes by the moniker of Barely Legal. BL will offer humorous monthly musings on what it's really like to work...
The Legal Is on Twitter, and You Should Be Too
Posted on February 02, 2011By Jaime L. Bochet Of the Legal Staff Confession: I have finally broken down and joined Twitter. I have been on Facebook for years. I use it, like many do, to keep track of friends and family, see what everyone?s...
Recent Bad Faith Ruling Draws Attention
Posted on February 02, 2011By Charles Haddick Special to the Legal On Jan. 4, Judge Maurice Cohill of the U.S. District Court for the Western District of Pennsylvania issued a ruling in the insurance bad faith case of Wisinski vs. American Commerce Group Inc....
PA Supreme Court Requires Litigants to Raise Futile Arguments
Posted on January 31, 2011By Bruce Merenstein Special to the Legal It is axiomatic that state trial courts are bound by precedential opinions of intermediate appellate courts and state supreme courts within their jurisdiction. But precedents change. Despite the force of stare decisis, courts...
Court Announces Hearsay Rule Change
Posted on January 28, 2011By Amaris Elliott-Engel Special to the Legal The state Supreme Court has approved the use of hearsay evidence during preliminary hearings to establish an element of any property crime offense requiring proof of ownership of property, or proof of the....
Non-Verbal Cues: Beware the Smiling Juror
Posted on January 26, 2011By Melissa M. Gomez Special to the Legal I have been asked on more than one occasion to observe jurors in court and provide analyses of their body language. So, the question I pose today is whether one can really...
9th Circuit: FDA Regulations Do Not Pre-empt State Failure to Warn Claims
Posted on January 26, 2011By Adrianne E. Walvoord Special to the Legal The 9th U.S. Circuit Court of Appeals issued an opinion yesterday in Gaeta v. Perrigo Pharmaceuticals Company finding that a generic drug manufacturer?s duty to warn under state law was not pre-empted...
When Supreme Courts Collide
Posted on January 26, 2011By Joshua D. Wolson Special to the Legal In the international realm, contractual arbitration is supposed to provide parties a modicum of certainty. They know the forum in which disputes will be heard and the procedural rules that will control....
Can Employees Disparage Employers on Facebook?
Posted on January 25, 2011By Eric B. Meyer Special to the Legal The Hartford Courant is reporting that an administrative law judge will hear a ?first-of-its-kind case? involving a woman who was fired from an ambulance company after she made disparaging remarks about her...
3rd Circuit: Subcontractor Cannot Recover on Unjust Enrichment Claim Against School District
Posted on January 25, 2011By Wendy Beetlestone Special to the Legal In the October 2010 case of Wayne Moving & Storage of New Jersey Inc. v. The School District of Philadelphia, the 3rd U.S. Circuit Court of Appeals was asked to address whether a...
Are Old Judges Bad or Do Bad Judges Just Get Old?
Posted on January 24, 2011By Anthony S. Volpe Special to the Legal There has been some interest of late in debating whether older judges, especially those seniors that have passed age 80, are bad judges. Much of the debate focuses on the issues of...
Process to Replace FJD Court Administrator Is in Place
Posted on January 24, 2011By Amaris Elliott-Engel Of the Legal Staff With First Judicial District Court Administrator Dave Lawrence retiring Feb. 18, a committee of the FJD's president judges and a member of the Administrative Office of Pennsylvania Courts will interview candidates to replace...
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Did I harass someone?
Oh, yes. This can be taken in as so many things, especially since you had testif...
How to evict a roommate?
First, in most jurisdictions "self-help" is not a remedy available to any party ...
I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
He arrogantly insists, "let them come after us." Well, if you are invo...
This has happened 3 or 4 times a month now- they have turned the electric off 2 days consecutively, the water off about 9 or 10 times now, and our heat has broken 5 times (once it would not shut off, and we were forced t
i say stick with the apartment. eventually, everything possible will be replaced...
The company I worked for forced me to quit instead of dealing with someone harassing me, what can I do?
Look up CONSTRUCTIVE DISCHARGE...................this looks like what happened t...

Did I harass someone?
Oh, yes. This can be taken in as so many things, especially since you had testif...
How to evict a roommate?
First, in most jurisdictions "self-help" is not a remedy available to any party ...
I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
He arrogantly insists, "let them come after us." Well, if you are invo...
This has happened 3 or 4 times a month now- they have turned the electric off 2 days consecutively, the water off about 9 or 10 times now, and our heat has broken 5 times (once it would not shut off, and we were forced t
i say stick with the apartment. eventually, everything possible will be replaced...
The company I worked for forced me to quit instead of dealing with someone harassing me, what can I do?
Look up CONSTRUCTIVE DISCHARGE...................this looks like what happened t...








