Category Archives: Appellate issues

PA Supreme Court Declines to Hear Pittsburgh Church Property Case

On Monday of this week the Pennsylvania Supreme Court denied the petition for allowance of appeal filed by the former Episcopal Diocese of Pittsburgh (or the “breakaway” diocese, as I had called it in my earlier posts) in the Pittsburgh church property case between the disaffiliated diocese and the rump group that decided to remain…

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Pennsylvania Supreme Court Expands Scope of Attorney-Client Privilege

The Legal Intelligencer reports that the Pennsylvania Supreme Court has ruled, with Justices Eakin and McCaffery dissenting, that Pennsylvania’s statutory attorney-client privilege protects not only communications by the client to the layer but, also, communications from lawyer to client. The ruling effectively expands the privilege in Pennsylvania - the relevant statute appear t cover only communications from…

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1 1/2 Cheers for Obama and Holder

I don’t agree with Barack Obama on pretty much anything. That much is probably clear from most of what I’ve posted here and elsewhere. It is probably also clear that I don’t think very much of Eric Holder’s performance as Attorney General, either. And, to be sure, I have some issues with the Attorney General’s…

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Why the Pennsylvania Supreme Court Won’t Hear the Pittsburgh Church Property Case

As noted in my previous post on the Commonwealth Court’s recent decision in the case involving the Episcopal Diocese of Pittsburgh, I doubt that the Pennsylvanis Supreme Court will agree to hear the case in the event that the Diocese hould choose to seek further review. This case seems to present a good opportunity to…

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Pittsburgh Church Property Ruling Unlikely to Have a Significant Effect

A Pennsylvania appellate court yesterday handed a victory to Pittsburgh Episcopalians in their long-running dispute with their former diocesan leadership (read the full opinion here). Observers of the Anglican scene will recall that the Episcopal Diocese of Pittsburgh, as well as a majority of its member parishes, several years ago effected changes to its constitution…

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Shankopotamus Not Liable for Failing to Yell “Fore”

A recent issue of the New York Law Journal contains a report on a recent case in which the New York Court of Appeals upheld the dismissal of a personal injury suit filed against a golfer who failed to yell “fore” after hitting an errant shot and seriosuly injuring one of his playing partners. Seems…

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Supreme Court to Hear Skilling Appeal

The Wall Street Journal reports that the US Supreme Court has agreed to hear former Enron CEO Jeff Skilling’s appeal. Now we’ll see if there is any prospect that reason and fairness will prevail in the Enron witch hunt.

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Episcopal Church Takes a Kick in the Teeth in South Carolina Property Case

The South Carolina Supreme Court gave the national Episcopal Church (“TEC’) a good kick in the teeth last week when it ruled that one of the former parishes in the Episcopal Diocese of South Carolina, All Saints Church on Pawley’s Island, is the rightful owner of its church buildings and other real property. All Saints, which…

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Supreme Court OK’s Individual Lawsuits By 401(k) Participants

The Supreme Court ruled Wednesday that individual participants in the most common type of retirement plan can sue under a pension protection law to recover their losses. The unanimous decision has implications for 50 million workers with $2.7 trillion invested in 401(k) retirement plans. James LaRue of Southlake, Texas, said the value of his stock…

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Key Hearing for Mumia Approaches. So Does Death

The Inquirer reported in yesterday’s paper on a critical argument that will be held in the US Third Circuit Court of Appeals this Thursday in the long running case of convicted cop killer Mumia Abu Jamal (and truthfully, have there been more than a handful of hot Broadway shows that have run longer than this…

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