Upon Further Review

A Publication of the Philadelphia Bar Association

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


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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The Month in Workers' Compensation: April - May 2017 At A Glance

By Mitchell I. Golding, Esq. on 6/13/2017

This Spring, decisions were handed down on topics such as the application of collateral estoppel in a workers' compensation claim where the claimant already received a determination in a Heart and Lung Act claim; the determination of when a person is an independent contractor as opposed to an employee; medical testimony in a death claim; award of attorney fees for the improper denial of medical bills and subrogation. 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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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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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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