Pittsburgh Legal Back Talk

Legal topics of interest to lawyers and consumers with a Pittsburgh and Western Pennsylvania focus.

1398 Posts and Counting

Do Federal District Law Clerks Have Too Much Power?

No. 1,389 Eric Segall, a law professor with clerking experience, says that this is the case. Although we always suspected the clerk decided at least some of our motions,  Segall  says that the situation is a lot worse than you probably think.  A must read from Dorf on Law Blog for civil litigators. CLT

Summary Judgment and the Nanty Glo Rule; the Banker’s Affidavit is still not enough.

No. 1,383 WELLS FARGO BANK, NA  v. PREMIER HOTELS GROUP, LLC. 2017 PA Super. 405 (2017) In response to a mortgage foreclosure action, Premier sold its property in Dunmore, Lackawanna County, PA and paid over the proceeds to Wells Fargo, assignee of the mortgage. However, in a Complaint filed in 2015, Wells Fargo claimed that […]


No. 1,365 At a recent Civil Practice seminar, it was announced that Special Motions Judge Robert Colville will experimentally accept consent orders signed off by all counsel or certified by counsel as consented by all, by mail or drop off any day of the week. Eligible proposed orders must be true consent orders, not ones […]

On the Witness Stand: Tell Me Your Story.

No. 1,360 As the day comes closer, many people become apprehensive about giving testimony in court.  One way to relieve the tension is for the witness to rehearse the testimony with counsel.  This enables the witness to obtain a good idea of what he/she is expected to say.  Extraneous information can be culled away. Don’t […]

Excessively Rambling Briefs Do Not Persuade. No Kidding!

No. 1,352 How would you like to open your mail and receive an opinion on your appeal that begins like this? “We note at the outset that at seventy-eight pages, Appellant’s brief is more than two and a half times the ‘safe harbor’ maximum of thirty pages (2.6 times, to be precise). Counsel for Appellant […]

Challenge to CFPB Constitutionality to be Reconsidered by Court en Banc

No. 1,326 As had been expected for some time, the challenge to the constitutionality of the Consumer Financial Protection Bureau will be reconsidered by the full court of the DC Circuit Court of Appeals in a suit brought by mortgage lender PHH.  A panel of the Court had ruled that the agency, as constituted with […]

Shot Across the Border kills someone in Mexico — is there civil liability in US Courts?

No. 1,292 Is there civil liability for death caused by a shot fired across the Rio Grande?  Some think that the US Supreme Court will probably take the case.

Flying Solo: Going to Court Without a Witness

No. 1,262 Summary:  When your client cannot travel,  you may have to consider calling the other party as a witness to prove your case. If your client lives half-way across the country and cannot come to trial, you may be forced to consider obtaining the testimony you need from the other party. In such a […]

Once You Walk Out Your Front Door, Don’t Expect Privacy

No. 1,234 Summary:  Don’t expect privacy anywhere. The ABA Journal Blog reports that the Feds were bugging the area around the front steps of a courthouse.  It seems that lawyers would tell their clients to wait until after leaving the courthouse to talk about their case.  So, they would stand and talk just outside the […]

Don’t fall into the trap of interfering with a contract.

One who intentionally and improperly interferes with the performance of a contract (except a contract to marry) between another and a third person by inducing or otherwise causing the third person not to perform the contract, is subject to liability to the other for the pecuniary loss resulting to the other from the third person’s failure to perform the contract.

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CLIFF TUTTLE has been a Pennsylvania lawyer for over 40 years and (inter alia) is a real estate litigator and legal writer. The posts in this blog are intended to provide general information about legal topics of interest to lawyers and consumers with a Pittsburgh and Western Pennsylvania focus. However, this information does not constitute legal advice and there is no lawyer-client relationship created when you read this blog. You are encouraged to leave comments but be aware that posted comments can be read by others. If you wish to contact me in privacy, please use the Contact Form located immediately below this message. I will reply promptly and in strict confidence.


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