Max Mitchell is ALM's Regional Managing Editor for The Legal Intelligencer, New Jersey Law Journal, Delaware Business Court Insider and Delaware Law Weekly. Follow him on Twitter @MMitchellTLI. His email is [email protected].
The Superior Court looked to the former client's deposition in the legal malpractice case and said he failed to provide enough evidence to make a fraudulent inducement case, since he appeared to remember very little about his communications with the Spear, Greenfield firm.
The decision, which reversed a San Diego trial court's ruling, marked the first time an appeals court has subjected the online retail giant to strict liability for the products it sells but does not make.
The justices ruled on a 5-2 vote that an Uber driver was not engaging in an independently established business when driving for the ride share company. Some attorneys say the decision could have a ripple effect for the broader gig economy.
A Pennsylvania Administrative Judge has agreed to consolidate into the Pittsburgh-based court several lawsuits that have been filed across the state against Erie Insurance Exchange over its business interruption coverage.
According to attorneys, the decision marks the first time a state court judge has extended the holding in Gallagher to a regular use exclusion, and creates some tension with at least one federal court in Pennsylvania.
In a petition filed to the justices Wednesday, attorneys for restaurant owner Joseph Tambellini said a ruling from the Supreme Court on the issue could provide guidance to the "hundreds, if not thousands," of lawsuits expected to result from the statewide closures Gov. Tom Wolf mandated as an effort to stem the spread of the highly contagious disease.
The complaint argues that Gov. Tom Wolf's decision to shut down most businesses constitutes an uncompensated seizure in violation of the Fifth Amendment.
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