By Marlo Pagano | Published September 19, 2013 | Posted in Pennsylvania Law & Policy |
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Monthly Archive
September 2013
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Commonwealth Punches Back Over Breathalyzer Results
Pennsylvania is currently in the midst of a legal battle over the admissibility of breathalyzer results in the prosecution of DUI cases. The state Superior Court on Thursday overturned a Dauphin County judge’s decision in a drunken driving case that legal observers said could have curtailed the use of breathalyzers in such prosecutions. Yet the Read More
Read MoreBuilders Beware; Subsequent Purchasers of Homes Get Implied Warranty
Recent decisions out of the Pennsylvania Superior Court and the U.S. District Court for the Western District of PA have greatly expanded the rights available to subsequent home purchasers. Specifically, both courts have ruled that the implied warranty of habitability was available to subsequent purchases, a remedy that was previously only available to original purchasers. Read More
Read MoreWrongful Death Claims Cannot Be Waived By the Decedent
In a recent 2013 opinion by the Pennsylvania Superior Court, it upheld the trial court’s determination that a Wrongful Death Claim belonged not to the deceased person but to the beneficiaries as provided under the Wrongful Death Statute. Therefore, even though the deceased person had waived his rights to a trial by jury, the court Read More
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