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9 Mar 2022, 2:55 pm
” The Court held that while such “details may have enhanced the discussion, their absence does not undermine the adequacy of the EIR as an informational document because the initial study makes clear that whatever the birds affected, their nests will not be removed when in use; thus, any impact to bird mortality has been eliminated. [read post]
2 Jan 2022, 4:01 pm
State’s Police Powers Expropriation Exception Does the Expropriation Exception Incorporate an Exhaustion Requirement? [read post]
27 Dec 2021, 7:04 am
Here is a LINK to the Tort Talk post on this case.Here is a LINK to my Pennsylvania Law Weekly article on this case.The question has become whether, under the wording of the Fair Share Act, should an innocent Plaintiff be allowed to argue that the Fair Share Act does not apply such that he or she should therefore be able to recover the entire verdict against any Defendant, even if that Defendant is found to only be 1% responsible.The analysis of this question in Spencer v. [read post]
13 Dec 2021, 1:21 pm
Kemble, the Superior Court noted in language that is arguably dicta, that a claim of recklessness on the part of a defendant amounts to an averment regarding the state of mind of a defendant at the time of an accident and that, under express provisions of Pa.R.C.P. 1019(b), such averments as to the state of mind of a party may be generally pleaded in a personal injury complaint. [read post]
31 Oct 2021, 9:00 pm
This requirement does not apply to children housed in a Department of Corrections facility or a facility under contract with the DOC. [read post]
31 Oct 2021, 9:00 pm
This requirement does not apply to children housed in a Department of Corrections facility or a facility under contract with the DOC. [read post]
17 Oct 2021, 2:17 pm
INTRODUCTION The new, third edition of the Reference Manual on Scientific Evidence was released to the public in September 2011, as a joint production of the National Academies of Science, and the Federal Judicial Center. [read post]
12 Oct 2021, 5:52 am
The statements made with respect to the plaintiff in the prior hybrid action/proceeding were pertinent to that action/proceeding, and were therefore protected by absolute privilege (see Ifantides v Wisniewski, 181 AD3d 575, 576 [2020]; Weinstock v Sanders, 144 AD3d 1019, 1021 [2016]; Brady v Gaudelli, 137 AD3d 951, 952 [2016]; Rabiea v Stein, 69 AD3d 700, 701 [2010]). [read post]
13 Jul 2021, 3:00 am
South Carolina Coastal Council, 505 U.S. 1003, 1019 (1992).) [read post]
13 Jul 2021, 3:00 am
South Carolina Coastal Council, 505 U.S. 1003, 1019 (1992).) [read post]
22 Jun 2021, 9:00 am
Lords (2006) 138 CA4th 1019. [read post]
22 Jun 2021, 9:00 am
Lords (2006) 138 CA4th 1019. [read post]
24 May 2021, 5:45 am
Idaho, 247 F. 3d 1015, 1019 (CA9 2001)), so Wright was in fact in custody pursuant to the judgment of a state court. [read post]
29 Apr 2021, 4:00 am
The Federation of Law Societies of Canada Model Code of Professional Conduct does not include a provision specifically about over-identifying, or neutrality more generally, but the requirement to remain objective is implicit throughout. [read post]
14 Apr 2021, 10:45 am
Supp. 3d 1019, 1031 (D. [read post]
9 Feb 2021, 6:36 am
For the last several months I have been sharing sneak peeks of a book to be published in early 2021: Hong Kong Between 'One Country' and 'Two Systems': Essays from the Year that Transformed the Hong Kong Special Administrative Region (June 2019 – June 2020) (Little Sir Press). [read post]
17 Dec 2020, 12:32 pm
This Year-End review article of mine on Motor Vehicle Accident Law in Pennsyvania was published by the Pennsylvania Law Weekly on December 17, 2020 and is republished here with permission.The Wheels Stopped Turning: An Unsettled Year All Around in MVA LawBy Daniel E. [read post]
9 Nov 2020, 8:57 am
The brother or sister does not have a right to receive an inheritance from the estate of the deceased. [read post]
28 Oct 2020, 5:00 am
R.C.P. 1019(b) as a condition of the mind. [read post]
10 Oct 2020, 9:46 am
CDK Global, 874 F. 3d 1019 (7th Cir. 2017) (vacating preliminary injunction allowing rival to collect data that was previously accessible). [read post]
