Upon Further Review

A Publication of the Philadelphia Bar Association


McGuire v. Russo and Legal Malpractice Claims: Clarity or Chaos?

By Gaetan J. Alfano and Douglas E. Roberts on 7/23/2017

Article Image For more than twenty-five years, the Pennsylvania Supreme Court decision in Muhammad v. Strassburger, McKenna, Messer, Shilobod & Gutnick, 587 A.2d 1346 (Pa. 1991) has limited legal malpractice actions arising from settled cases. In McGuire v. Russo, the Supreme Court will address the question: Should this Court overturn its decision in Muhammad, which bars legal malpractice suits following the settlement of a lawsuit absent an allegation of fraud, even in instances where an attorney's negligence led to a lesser settlement. Read Full Story »

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Federal Employees, the First Amendment, Whistleblower Protection and the False Claims Act: Why Federal Employees Should Blow the Whistle

By Jesse Klaproth on 7/23/2017

With tensions running high at many federal government agencies, it is important for federal employees and attorneys to be aware of the protections and rewards available through the Federal Whistleblower Protection Act and the False Claims Act. Read more. Read Full Story »

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Third Circuit Determines Standard to Apply on Habeas Where State Knowingly Presented or Failed to Correct Perjured Testimony

By Upon Further Review Staff on 8/2/2017

In Haskell v. Superintendent, SCI-Greene, et al., a three-member panel of the Third Circuit Court of Appeals ruled on August 1, 2017 that the actual-prejudice standard of Brecht v. Abrahamson does not apply to claims on habeas that the state has knowingly presented or knowingly failed to correct perjured testimony. A reasonable likelihood that the perjured testimony affected the judgment of the jury is all that is required. Read Full Story »

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Ronald K. Noble delivers the Judge A. Leon Higginbotham Public Interest Lecture at the June 2, 2017 Quarterly Meeting and Luncheon.


The Month in Workers' Compensation: June, 2017 At-A-Glance

By Mitchell I. Golding, Esq. on 8/2/2017

In a busy month in workers' compensation law, courts ruled on eligibility for partial disability, when an attorney must disgorge unreasonable contest attorney's fees, how time is calculated for issuance of a Notice of Stopping Temporary Compensation, the constitutionality of Section 306 (a.2) of the Workers' Compensation Act and other important matters. Read Full Story »

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Redemption Available Immediately After a Sheriff's Sale

By James W. Cushing, Esq. on 6/7/2017

Article Image In a case of first impression, the Commonwealth Court has ruled that a property owner can redeem his property sold at sheriff’s sale at any time up to nine months after acknowledgment of the sale. Read Full Story »

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Personal Injury Litigation: Advising Your Client About Discovery and Social Media

By Jeffrey Lowenthal on 3/15/2017

In our modern society social media has become ubiquitous. Increasingly, social media posts are being used against people in personal injury lawsuits. Here, we discuss how social media posts could adversely affect a personal injury claim, and we share some guidance for what to do with social media accounts while litigation is ongoing. Read Full Story »

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Pennsylvania Supreme Court Adopts Language Access Plan

By Charles J. Klitsch, Esq. on 6/7/2017

"Equal access to the courts is fundamental to the legitimacy of our system of justice and the trust and confidence of Pennsylvanians in our courts. Language services for individuals who speak limited English or are deaf or hard of hearing are essential to ensure that they are able to fully participate in judicial proceedings and court services, programs and activities in which their rights and interests are at stake." - Pennsylvania Supreme Court Language Access Plan Read Full Story »

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Comments Sought on Proposed Revisions to Local Bankruptcy Rules and Forms

By Upon Further Review Staff on 6/7/2017

The Eastern District of Pennsylvania Bankruptcy Conference Local Rules Committee has prepared a draft Report recommending substantial revisions to the local rules and some revisions to the local forms,including a proposed mandatory form Chapter 13 plan. The Committee is seeking informal comment on the proposed revisions. The deadline to submit comments is June 22, 2017. Read the announcement and find links to the proposed revisions. Read Full Story »

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