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Pennsylvania State Court Decisions
1. Civil Litigation
1.1. Causes of Action - Learned Intermediary
► Superior Court of Pennsylvania
♦ Lineberger v. Wyeth
2006 PA Super 35 (February 23, 2006)
Holding: In a pharmaceutical liability claim against a drug manufacturer, in order to avoid having the claim barred by the learned intermediary doctrine, the plaintiff must prove that the prescribing physician would not have prescribed the drug had the manufacturer provided a different.
1.2. Evidence - Intoxication
► Commonwealth Court of Pennsylvania
♦ Lock v. City of Philadelphia
No. 1637 C.D. 2005 (March 27, 2006)
Holding: When recklessness or carelessness is at issue,
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Going To Court To Beat A Speeding Ticket
So you find yourself with a slip of paper that contains both a
dollar amount and a date. It's the dreaded speeding ticket. You
look at it and realize that you have two choices. You can pay
the fine and subject yourself to the possibility of higher
insurance premiums or you can plead "not guilty" and appear in
court.
Depending on how fast you were going over the legal, posted
speed limit, it might be wise to consult with a traffic ticket
specialist. However, many people are ticketed when their speed
is over the limit, but not dramatically. These people would do
well to save the money associated with an expert and take the
matter into their own hands.
It seems daunting to imagine going into court without a lawyer
or someone familiar with the ins and outs of speeding tickets.
All the average citizen needs to do is research traffic laws and
come prepared with whatever materials they feel will help them
fight the citation.
It's important to note that when you do have a court appearance
often the officer who issued the ticket will be there to testify
as well. If you admitted speeding to him or her, your defense
becomes that much more difficult. Admitting guilt of speeding is
accepting the guilt. If you've done that your best remedy will
probably be to pay the fine. You could try and explain your
speeding a couple of different ways. One is that you have to
increase your speed because of someone else's careless driving.
For instance, if someone is right behind you driving fast and
you become concerned that they are going to hit you, you might
increase your speed to avoid that. This defense is probably not
going to work but if it what happened, than sharing it with the
judge is important. Another could be road conditions. If there
was something on the road, you might have sped up to pass it, or
to avoid it. Again, this is difficult to prove and a judge might
be skeptical.
If you weren't able to see the posted speed because the sign was
either covered by some foliage or perhaps knocked over, there
are important steps you need to take before you go to court. As
soon as possible after you have been ticketed, you need to take
pictures of the sign in the same condition you saw it in. It's
crucial that this be done quickly. Having that type of evidence
to show the judge, will allow him or her to see that although
you were going over the posted limit, not having knowledge of
that limit might have played a role in your infraction.
Taking the issue of your speeding ticket to court involves being
prepared. Bring any notes or pictures that you have taken since
that day. Be ready to take the witness stand and tell the truth
in regard to what transpired when you received your speeding
ticket. Also, be of the mind that although you've put time and
effort into your own defense, you might still have to pay the
fine as it was administered to you initially.
About the author:
For more articles and resources to bea
t speeding tickets visit FreeInfoBlog.Com. If you want to
beat your speeding ticket click
here for an eBook.
The "arraignment" process involves:
Being brought before a Judge in the courtroom
Receiving the " criminal complaint" with the crimes charged and the factual basis to each charge
The District Attorney requesting bail or releasing you on your own recognizance (called "ROR")
Pleading guilty or not guilty
The process starts when the court officer brings you from the cell in the back of the courtroom and into the courtroom before the Judge.
If you were unable to contact your family, friends or an attorney when you were arrested then most likely the court will have a Legal Aid attorney appear for you. Legal Aid
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Brandon C. Hall
Rensselaer County New York court records
Many attorneys hire metallurgists to study failures across many
industries. Similarly, finite element analysis is regularly
applied to a vast array of products. As discussed in previous
issues of Courtroom FEA, FEA applies when something bending or
breaking is an issue.
The following collage presents some of the industries that FEA
is applied to. The blue text lists some of the products the
author has experience with. (Collage available at
www.finiteelement.com/newsletter/CourtroomFEA_Vol03.html)
About the author:
Steve Roensch is an expert witness and mechanical engineer with
more than 20 years of professional experience. He has analyzed
hundreds of product designs and has served as an expert witness
across many industries, including giving depositions and
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Her Last Day in Court: "Ron, I can't take much more of his sleazy behavior! I really don't think you are going to win this case for me anyway. I've lost everything; at least I can have the pleasure of making sure the jury knows their judge is another sexual power tripper, going in to his chambers to satisfy himself with the bailiff while he screws me over under the law! I don't..." "Gloria, we still have Coach Nestorovic and the jury could be 'hung'. They already see what the judge is doing. Please let me 'do my
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