Upon Further Review

A Publication of the Philadelphia Bar Association

The Gist of a Legal Malpractice Action

By James W. Cushing, Esq. on 9/26/2016

Article Image Practitioners contemplating a legal action against an attorney must be familiar with the "gist-of-the-action" rule. Regardless of how a case is labeled, a court will look to the substance of the claims made to determine whether it sounds in contract or in tort. Read Full Story »

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First Judicial District's 2015 Annual Report Provides Detailed Statistics and Information on Court Initiatives

By Upon Further Review Staff on 9/26/2016

At the Philadelphia Bar Association's highly successful 2016 Bench-Bar and Annual Conference, Philadelphia Court of Common Pleas President Judge Sheila Woods-Skipper announced the the First Judicial District's 2015 Annual Report is now available and has been posted to the court's website. Read Full Story »

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Philadelphia Bar Association Opposes Legislation Reducing Time for Eviction to Eleven Days

By Charles J. Klitsch, Esq. on 9/27/2016

On September 20, 2016, Chancellor Gaetan J. Alfano, Chancellor-Elect Deborah R. Gross and Vice Chancellor Mary F. Platt sent a strongly worded letter to House Urban Affairs Committee Chairs Scott A. Petri and Thomas R. Caltagirone voicing this Association’s opposition to House Bill 1715, that would shorten the time for eviction after entry of a judgment of possession to only eleven days. Read Full Story »

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Chancellor’s Forum on September 13 with Newest Pennsylvania Supreme Court Justices.


The Month in Workers' Compensation: July-August 2016 At-a-Glance

By Mitchell I. Golding, Esq. on 9/27/2016

This summer, decision were handed down dealing with the procedure for remedying the failure to receive an award of attorney's fees and costs; when a firefighter's cancer can be identified as an occupational disease and the circumstances under which an employee's injuries fall under the jurisdiction of the Longshore Act rather than the Workers' Compensation Act. Read Full Story »

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Chief Judge McKee: Presiding Judge or Magistrate Has Sole Discretion in Requests for Interim Payment of Counsel

By Upon Further Review Staff on 8/16/2016

In a bid to streamline the payment process, Third Circuit Court of Appeals Chief Judge McKee has ordered that in extended or complex cases where counsel has been appointed under the Criminal Justice Act, 18 U.S.C. §3006A, responsibility for review of requests to submit interim vouchers for compensation for pending matters rests solely with the presiding judge or magistrate. Read Full Story »

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Will Greater Cooperation in Harrisburg Lead to Faster Passage of a Budget?

By Charles J. Klitsch, Esq. on 6/23/2016

Last year at this time, legislative leaders and Governor Wolf were not speaking with each other. What a difference a year makes – or at least the realization that this is an election year. While the 2016-17 state budget is not yet set in stone, significant progress is being made in plans to raise revenue needed to close the gap between money generated under the current tax structure and the amount needed to fund anticipated expenditures. Read Full Story »

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Not Every Violent Crime is Terrorism: Why Edward Archer Should Not Be Prosecuted Under PA’s Criminal Terrorism Statute

By Susan Lin, Esq. on 5/16/2016

Article Image In her response to an article in last month's edition of Upon Further Review, the author takes issue with the proposition that Edward Archer, who is alleged to have shot Officer Jesse Hartnett, should be charged under Pennsylvania's terrorism statute. Rather, a terrorism charge should be reserved for those who truly intend by their violent actions or threats to terrorize the community at large. It should not be a means of lodging further punishment against people with mental illness, and it should be used sparingly, in recognition of the incontrovertible fact that piling on charges and sentences will add to our already overburdened corrections system. Read Full Story »

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Calling a Terrorist a Terrorist: Why Philadelphia’s Cop-Shooting Jihadist Should Be Prosecuted Under PA’s Criminal “Terrorism” Statute (Instead of Waiting on the Feds)

By Amara Chaudhry, Esq on 4/26/2016

Article Image In this article, the author takes the position that Edward Archer, the man accused of shooting Philadelphia police officer Jesse Hartnett at point-blank range while proclaiming that his actions were motivated by his Islamic faith, can - and should - be prosecuted under Pennsylvania's criminal terrorism statute: 18 Pa.C.S. §2717. Read Full Story »

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