Pittsburgh Legal Back Talk

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

1644 Posts and Counting

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 […]

Hobby Lobby/Conestoga Wood Argument Before U.S. Supreme Court

If you are trying to follow the Hobby Lobby and Conestoga Wood cases, being argued before the U.S. Supreme Court today, the SCOTUS Blog has provided a comprehensive but readable post on the briefs of counsel, together with analysis.

Saturday Night Massacre, Constitutional Edition

Who says judges don’t work on weekends? At 5:30 PM this evening, Saturday March 22, 2014, the Sixth Circuit Court of appeals issued an order halting the issuing of marriage licenses in Michigan to same-sex couples after a US District Court decision holding Michigan’s referendum prohibiting same sex marriages. Read all about it in SCOTUS Blog.

Contracts Under Seal versus Instruments Under Seal

No. 948 You may have noticed the word “(Seal)” printed on a contract, deed or mortgage after the place where the parties sign. Many assume that this is just a touch of medieval style.  True, wax seals are not used very often and even embossed seals are becoming rare. But under Pennsylvania law, a signature […]

Still Crazy After All These Years: the Continuing Saga of the Duke/ Nifong Debacle.

No. 905 Remember in 2006 when members of the Duke Lacrosse team found themselves in a very compromising situation over allegations of rape made by an escort who was performing at a party?  Sure you do.  The administration and faculty of Duke turned into a lynch mob overnight and none of them bothered to ask […]

Commonwealth Court Ruling on Act 13 Oil and Gas Regulation is Not the Last Word.

No. 894 On July 26, 2012, the Pennsylvania Commonwealth Court decided a Constitutional challenge to Act 13, the latest legislative attempt to regulate the booming oil and gas industry.  By a 4-3 vote it found certain provisions of the statute unconstitutional. See Robinson Township et al. v. Commonwealth, No. 248 MD 2012, not yet found […]

Accusations Against Justice Baldwin While Acting as GC at Penn State Should Not Be Taken As Fact.

Justice Baldwin has had a distinguished career of service that can be matched by few others in this Commonwealth. She is entitled to the presumption that she represented Penn State in a prudent and effective manner.

Supreme Court Accepts Appeal on Wal-Mart Case

In case you may be interested, the Pennsylvania Supreme Court recently granted the petition for allocatur in the case of Braun v. Walmart Stores. The initial appeal was decided by the Superior Court last June and is reported at 24 A.3d 875 (2011). This was a class action involving employee wage and hour claims which was tried in the Philadelphia Court of Common Pleas in 2009. Wal-Mart had appealed from a judgment in the amount of $187,648,589.11.

Superior Court Declines to Apply Business Records Exception to Electronic Records Created by Third-party Assignor of a Debt.

No. 678 In a case of first impression, a panel of the Superior Court declined to find that electronic records of a credit card account generated by a third party , who had assigned the debt to the plaintiff, were entitled to be admitted into evidence under the business records exception to the hearsay rule […]

Goldbeck Case Update

In the post reprinted mmediately below you will find the Post from December discussing the case of Loughren v. Bair, GD 10-021437. Since the post below was written in December, PO’s were filed, followed by an amended complaint whereby Loughren, who filed the original complaint, became the representative party in a class action. Robert F. Dailey of Pierce & Pierce has taken over as counsel for the plaintiff. The Defendants are represented by James Schadel of Weinheimer Schadel & Haber, Pittsburgh.


CLIFF TUTTLE has been a Pennsylvania lawyer for over 45 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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