While vigorous efforts have been made to push the courts to interpret the Federal Arbitration Act (FAA) with an increasingly broad preemptive scope, effectively overriding state laws designed to regulate arbitration, recent decisions underscore that courts are not willing to uphold arbitration agreements when fairness and justice might be compromised.…
The U.S. Constitution, which remains the bedrock of American civil rights, serves to establish a minimum level of protection that states are bound to uphold. Some state constitutions provide more expansive and detailed protections for state residents—meaning that rather than treating state constitutional claims as an afterthought, litigants can center…
Some recent cases, such as Yegiazaryan v. Smagin and Medical Marijuana v. Horn, show that the courts are grappling with the statute’s injury requirement and might expand the sense of hope for plaintiffs. In the November 7, 2024 edition of The Legal Intelligencer, Edward Kang writes, “Civil RICO’s Expanding Reach:…
Until the circuit split regarding Rule 34 “control” over ESI possessed by a third party is resolved, determining an employer’s obligation to preserve and produce ESI contained on an employee’s personal mobile device that is used for work-related purposes will remain murky waters. In the October 24, 2024 edition of…
Although hearsay evidence is generally prohibited, the definitional carve-outs and exceptions provide trial judges with the latitude to admit trustworthy evidence that would otherwise be excluded. Both the Pennsylvania Code and the Federal Rules of Evidence recognize such exceptions, but they approach their admissibility and use with distinct priorities and…
Kang Haggerty member Kyle Garabedian has been announced as the co-chair of The Legal Intelligencer’s Young Lawyer Editorial Board, serving a two-year term. The Young Lawyer Editorial Board is comprised of 21 attorneys from across Pennsylvania tasked with writing articles on the most consequential issues facing young lawyers today. The…
As an initial matter, the government’s refusal to intervene in an FCA action does not strip a relator of his Article III standing in bringing an FCA action when the relator does not suffer an injury in fact. Qui tam actions present a “well-established exception” to the traditional Article III…
As businesses across various industries increasingly adopt blockchain, it will become a critical source of discoverable electronically stored information (ESI). The potential benefits of blockchain for e-discovery and data preservation are substantial, making it an area of growing interest and importance. In the August 8, 2024 Edition of The Legal…
Pennsylvania has unique procedures for raising and preserving issues for appeal after trial that could “surprise” many unsuspecting practitioners, especially those who do not practice regularly in the commonwealth. In the July 18, 2024 Edition of The Legal Intelligencer, Edward T. Kang writes, “Better Safe Than Sorry: Filing Post-Trial Motions…
Civil RICO is seen as “the litigation equivalent of a thermonuclear device,” and civil RICO claims are often employed in complex, high-stakes litigation. In the July 5, 2024 Edition of The Legal Intelligencer, Edward T. Kang writes, “From Mobsters to Fraudsters: Clearing the Bar for Civil RICO Claims.“ When I…