LATEST SUMMARIES

ATTORNEY'S FEES, CIVIL PROCEDURE, EDUCATION LAW, HEALTH LAW, REMEDIES
• Pardini v. Allegheny Intermediate Unit

CIVIL PROCEDURE, ENVIRONMENTAL LAW, INJURY AND TORT LAW, PROPERTY LAW & REAL ESTATE, REMEDIES
• Beazer E., Inc. v. Mead Corp.

LATEST SUMMARIES

ATTORNEY'S FEES, CIVIL PROCEDURE, EDUCATION LAW, HEALTH LAW, REMEDIES
Pardini v. Allegheny Intermediate Unit, No. 07-1403
In a case involving an attorney-parent who sought attorney's fees in a lawsuit filed on behalf of his daughter pursuant to the IDEA, denial of fees is affirmed where: 1) the court's earlier decision in this case did not decide the issue of whether plaintiffs were entitled to attorney's fees; 2) scope of prior precedent was not limited to representation by an attorney-parent in administrative proceedings only; 3) such precedent governed this appeal, as there was substantial doubt that the case's earlier decisions foreclosed the attorney's fees issue; and 4) plaintiffs were not entitled to recover cost for services other than conductive education. Read more...

CIVIL PROCEDURE, ENVIRONMENTAL LAW, INJURY AND TORT LAW, PROPERTY LAW & REAL ESTATE, REMEDIES
Beazer E., Inc. v. Mead Corp., No. 06-4993
In an on-going contribution claim against defendant under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), wherein the district court denied defendant's motion to dismiss for failure to state a claim and certified the question of whether certain caselaw precedent limited subject-matter jurisdiction over plaintiff's contribution claims under section 113(f)(1), the circuit court finds that: 1) the "civil action" requirement in section 113(f) is an element of the claim, and is not jurisdictional; 2) the district court retained its original jurisdiction to adjudicate the issues in this case; and 3) defendant waived its challenge to the applicability of section 113(f)(1). Read more...