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HTMLExclusion of Expert’s Video Simulation, Because Its Probative Value Was Substantially Outweighed By The Possibility Of Unfair Prejudice, Is Not An Abuse Of Discretion Because The Simulation Could Have Caused Jury To Improperly Defer To Expert’s Opinion
Rocco J. Carbone; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
January 3, 2014, previously published on January 2, 2014
In this automobile accident case, the Fourth District Court held that a trial court’s exclusion of a video simulation—because its probative value was substantially outweighed by the possibility of unfair prejudice—was not an abuse of discretion as it could have caused the jury to...

 

HTMLThe HNS Convention 2010 is Coming to Canada
Borden Ladner Gervais LLP;
Legal Alert/Article
December 27, 2013, previously published on December 19, 2013
Although it is not yet in force, Canada is taking steps to implement the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea 2010, commonly termed the “HNS Convention”. On October 18, 2013, Bill...

 

HTMLCanada Chairs a Busy Arctic Council
Borden Ladner Gervais LLP;
Legal Alert/Article
December 27, 2013, previously published on December 19, 2013
At the last Ministerial Meeting of the Arctic Council, held in Kiruna, Sweden, on May 15, 2013, the Council adopted its second international agreement, the Agreement on Cooperation on Marine Oil Pollution Preparedness and Response in the Arctic. In brief, the Agreement requires each State Party to...

 

HTMLGermany Enacts a New Maritime Statute
Borden Ladner Gervais LLP;
Legal Alert/Article
December 27, 2013, previously published on December 19, 2013
April 25, 2013 was a noteworthy date in the history of German maritime legislation. On that date, the new German maritime statute came into force, amending Book 5 (Maritime Trade) of the German Commercial Code (the Handelsgesetzbuch or “HGB”). The amending legislation, on which work...

 

HTMLPetitioner Prevails in Alleged Traumatic Injury Claim Even Though Pleadings Were Filed as Occupational In Nature
John H. Geaney; Capehart & Scatchard, P.A.;
Legal Alert/Article
December 23, 2013, previously published on December 20, 2013
It is not uncommon for a claimant to file an occupational disease claim but then at trial attempt to prove a case that is much more like a traumatic injury claim. The reverse is also sometimes true. How do courts treat these shifting proofs?

 

HTMLSmooth Sailing While on Michigan Highways
Dirk H. Beckwith; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
December 20, 2013, previously published on December 17, 2013
All drivers on public roads must obey the traffic laws. When you’re driving a commercial motor vehicle loaded with farm products for use on your farm, there are additional traffic laws that you will need to obey to keep things running smoothly.

 

HTMLPennsylvania: Gas Taxes Increased To Fund Transportation Spending Bill
David M. Kall, Susan Millradt McGlone, Jeremy J. Schirra; McDonald Hopkins LLC;
Legal Alert/Article
December 17, 2013, previously published on December 12, 2013
Pennsylvania Governor Tom Corbett recently signed into law a transportation infrastructure spending plan (H.B. 1060) that will pump billions of dollars into the state’s transportation system, funded in part by phasing out a cap on the oil company franchise tax.

 

HTMLChanges to Virginia Certifications for Escort Vehicle Drivers
John R. Lockard; Vandeventer Black LLP;
Legal Alert/Article
November 28, 2013, previously published on November 2013
Many oversize and overweight vehicle permits issued by the Virginia Department of Motor Vehicles and individual localities require that an escort vehicle accompany the vehicle hauling the load. The driver of an escort vehicle is required to have a certification. The lack of a certified escort...

 

HTMLPA House Bill 1060 Passes 113-85; Governor Corbett Gets Transportation Bill for Signature, Ending Legislative Parrying on Taxes, Prevailing Wage
Linda T. Ambroso; Leech Tishman;
Legal Alert/Article
November 28, 2013, previously published on November 21, 2013
After months of negotiating and lobbying in the House and Senate, on Thursday, November 21, Governor Tom Corbett received a transportation bill for his signature that provides up to $2.4 billion over five years to improve the state’s roads, bridges, and mass transit systems.

 

HTMLPreservation of Secured Creditor Liens in Bankruptcy - Be Careful What You Do
David L. Gay; Berger Singerman LLP;
Legal Alert/Article
November 28, 2013, previously published on November 2013
The Fifth Circuit Court of Appeals has again weighed in on the issue of what a secured creditor is, or more aptly, is not required to do in regard a bankruptcy case to preserve its lien on a debtor’s property. In the recent case of Acceptance Loan Company, Inc. v. S. White Transportation,...

 


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