Category: Litigation / Personal Injury
Doppio Espresso – And Don’t Hold the Caffeine!
Starbucks has reason to choke on its latte after a California Court awarded $100,000,000 to its baristas as a result of an improper tip-pooling arrangement. (A barista is one of those people in Starbucks cafes who make up your drinks. They are apparently hourly employees… Continue reading
Federal Removal
Early in our history there was fierce independence on the part of the individual states making up our republic. On the one hand, the states were sovereign governments; on the other, they were each players in a larger national government. The federal court system was… Continue reading
Preliminary Hearings: You Can’t Win
In Pennsylvania, preliminary hearings are held before local Magisterial District Judges in criminal cases, ranging from DUI charges to cases involving homicide and other serious crimes. But such hearings do not result in a “winner” or “loser” in most instances. The purpose of a preliminary… Continue reading
When Municipalities Overreach
Municipal bodies occasionally try extreme measures. The city of Hazelton recently adopted a severe immigration policy that brought it instant notoriety nationally in that it was more restrictive than anything in the country. (The law has been stricken by the courts, though the issue is… Continue reading
How Sweet It Is (But for Sour After Taste?)
A fascinating drama is unfolding in the federal District Court in Philadelphia involving the makers of sweeteners Equal (manufactured by Merisant) and Splenda (manufactured by McNeil Nutritionals). McNeil had adopted the advertising slogan for Spenda that it is “made from sugar, so it tastes like sugar”,… Continue reading
Inadmissible Hearsay
One of the most common objections in the courtroom is the objection to hearsay testimony. Hearsay is a prior statement (usually oral) made by a third party who is not in the courtroom at the time the statement is offered as evidence. A hearsay statement,… Continue reading
Asbestos Litigation
At the turn of the 19th Century, asbestos was considered an ideal building material. It proved to be a superior fire retardant, had high electrical resistivity, was abundant, inexpensive and easy to use. The problem with asbestos arises when the fibers become airborne and are… Continue reading
What is a Writ of Certiorari?
With minor exceptions, a litigant has no automatic right to have his case heard before the United States Supreme Court. (The Constitution specifies that the Supreme Court may exercise original jurisdiction in cases affecting ambassadors and other diplomats, as well as in cases in which… Continue reading
What is a Subpoena?
The word “subpoena” is from the Latin, sub (under) and poena (penalty). A subpoena is a piece of paper, usually a printed form, which is filled out by a lawyer in connection with a pending legal proceeding. It requires a person to appear in a… Continue reading