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2 Oct 2019, 5:20 am by Daniel E. Cummins, Esq.
(Saylor, C.J., Dissenting), the Pennsylvania Supreme Court ruled that new stacking waivers are required whenever an insured increases the UM or UIM coverage on an existing policy.Since the carrier did not secure a new waiver of stacking form from the insured in this case, the insured was entitled to receive stacked UIM coverage following an accident.Anyone wishing to review Justice Wecht's Majority Opinion may click this LINK.Chief Justice Saylor's Dissenting Opinion may be… [read post]
30 Sep 2019, 5:30 am by Daniel E. Cummins
(Saylor, C.J., Dissenting), the Pennsylvania Supreme Court addressed a question that had been certified to it by the United States Court of Appeals for the Third Circuit on the issue of whether an increase of the limits for underinsured motorist coverage for multiple vehicles that are insured under an existing insurance policy constituted a “purchase” for purposes of 75 Pa. [read post]
26 Sep 2019, 1:26 pm by Michael Geist
This balance infused the Court’s treatment of fair dealing in CCH, for example, where McLachlin C.J. noted that “the fair dealing exception is perhaps more properly understood as an integral part of the Copyright Act  than simply a defence . . . . [read post]
18 Sep 2019, 3:01 am by Walter Olson
“Addicted to fines: Small towns in much of the country are dangerously dependent on punitive fines and fees” [Mike Maciag, Governing, a publication that will be much missed] “How diversion programs became a cash cow for DAs in Louisiana” [Jessica Pishko, Politico] New Orleans: “Judge steered defendants to campaign contributor’s ankle-monitor company, report says” [ABA Journal] Greg and Teresa Almond seizure: “Alabama Cops Raided Their House, Seized… [read post]
16 Sep 2019, 6:00 am by SHG
Other than sleeping with the enemy,* why should C.J. [read post]
6 Sep 2019, 10:41 am by MOTP
 In theCourt of AppealsSecond Appellate District of Texasat Fort Worth___________________________No. 02-19-00026-CV___________________________On Appeal from the 431st District CourtDenton County, TexasTrial Court No. 18-8946-431Before Sudderth, C.J.; Kerr and Birdwell, JJ.Opinion by Chief Justice SudderthADAM I. [read post]
16 Aug 2019, 4:40 am by SHG
So the newest and coolest narrative is whether the keeper of the Supreme Court’s institutional integrity, C.J. [read post]
31 Jul 2019, 7:00 am by David Oscar Markus
Hough, 803 F.3d 1181, 1197 (11th Cir. 2015) (Carnes, C.J., concurring) (“Not surprisingly, as the author of the Court’s opinion I concur in all of it. [read post]
29 Jul 2019, 2:22 pm by John Stigi
June 18, 2019), the Delaware Supreme Court (Strine, C.J.) reversed a Delaware Court of Chancery (Slights, V.C.) order dismissing a derivative claim alleging that an members of the board of directors of an ice cream company breached their duty of loyalty under In re Caremark Int’l Inc. [read post]
6 Jul 2019, 10:01 am by David Friedman
I recently started rereading Gate if Ivrel, C.J. [read post]
30 Jun 2019, 8:24 pm by Omar Ha-Redeye
A national identity, in a multicultural, multilingual, and highly mobile population, is a challenging concept for a modern post-nation state democracy. [read post]
12 Jun 2019, 4:04 pm by Shea Denning
. ___, 821 S.E.2d 787 (2018) (Martin, C.J., dissenting) (discussing the progression of indictment jurisprudence and concluding that the Criminal Procedure act indicates that flaws in indictments should no longer be considered jurisdictional matters) (discussed in this blog post). [read post]
4 Jun 2019, 7:14 am by John Rubin
Lee, 370 N.C. 671, 678–79 (2018) (Martin, C.J., concurring) (observing that defendant may be entitled to perfect defense of another based on statutory defense of person in situations in which the common law only allows imperfect defense of another). [read post]
2 Jun 2019, 4:31 pm by Omar Ha-Redeye
The dissent by Wagner C.J. and Moldaver J., in contrast, focused on an entirely on a different grounds of deference on finding of facts to the trial level judge. [read post]