Peacock Tales • Fall 2013

Brief Notes

  • The Lawrence County Court of Common Pleas held that the owner of a cow hit by a car on a highway was not strictly liable (i.e. driver need not show negligence) when the cow’s owner countersued the driver claiming the driver was driving negligently.
  • A Camden, New Jersey ordinance requiring stores to close at 11:00 p.m. during the week and midnight on weekends which was challenged by 7-Eleven was upheld by the New Jersey Superior Court.
  • Jim Thorpe’s, body which was buried 60 years ago in Northeast Pennsylvania in the “Borough of Jim Thorpe” with the consent of his wife in exchange for naming rights, was ordered returned to the family under the “Native American Graves Protection and Repatriation Act” at the request of two sons, by Order of the United States District Court for the Middle District of Pennsylvania.
  • A Judge of the Philadelphia Court of Common Pleas ordered a mistrial and new trial in a medical malpractice case when an expert referred to the plaintiff’s history of smoking.
  • The Pennsylvania Superior Court found that an insurance company had a duty to defend its insured, a homeowner, who while intoxicated shot a guest mistaking the guest for an intruder.
  • A ruling blocking the New York City from limiting sugary drinks to 16oz. was upheld by the Manhattan Appellate Court.
  • Recently, two men, have been accused in Western Pennsylvania of “stealing mineral rights” and fraudulently conveying those mineral rights to oil and gas companies in exchange for substantial sums of money. One has plead guilty and the other not guilty.

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