Wiretap Act Prosecutions of Defense Attorneys: The Serious Legal and Ethical Concerns Arising from the Use of Recorded Conversations as Evidence

On February 15, 2016, in Tolle Lege Articles, by aestepani

By: Thomas G. Wilkinson, Jr.* & Joshua N. Ruby** Citation: 61 Vill. L. Rev. Tolle Lege 1 (2016) To view the article as a PDF, click here. I. INTRODUCTION Two criminal defense lawyers in Western Pennsylvania are facing criminal charges under the Pennsylvania Wiretapping and Electronic Surveillance Control Act (Pennsylvania Wiretap Act) for disclosing to a court […]

Third Circuit Takes the Wind Out of Frivilous Litigators’ Sails in Fair Wind Sailing, Inc. v. Dempster

On January 18, 2016, in Tolle Lege Articles, by aestepani

By: Travis Dunkelberger* Citation: 60 Vill. L. Rev. Tolle Lege 121 (2015) To view the article as a PDF, click here. “The U.S. has more costs of litigation per person than any other industrialized nation in the world, and it is crippling our economy.”1 I. LEARNING THE ROPES: DETERMINING ATTORNEYS’ FEES IN INTELLECTUAL PROPERTY LITIGATION $700,000. According […]

Keeping FLSA’s Promises: The Third Circuit Extends the Law’s Reach to More Joint Employers, Successors, and Supervisors in Thompson v. Real Estate Mortgage Network

On January 18, 2016, in Tolle Lege Articles, by aestepani

By: John M. D’Elia* Citation: 60 Vill. L. Rev. Tolle Lege 93 (2015) To view the article as a PDF, click here. “Sometimes I’d work 60, even 90 days in a row . . . . They never paid overtime.”1 – Guadalupe Rangel Mira Loma, California I. INTRODUCTION Guadalupe Rangel spent most of his waking […]

Practical Problems in Employment Law: FMLA Notices and the Not-So-Reliable Mailbox Rule

On November 18, 2015, in Tolle Lege Articles, by aestepani

By: Gina E. McAndrew* Citation: 60 Vill. L. Rev. Tolle Lege 83 (2015) To view the article as a PDF, click here. I. INTRODUCTION The Family and Medical Leave Act (FMLA) places significant responsibilities on covered employers, including, among other things, the duty to provide notice to employees of their rights under the FMLA. The […]

“I Mean, You’re Not Staff”: The Employee Classification Circuit Split and Why the Southern District of New York’s Totality of the Circumstance Test From Glatt v. Fox Searchlight Pictures Inc. Deserves a Lead Role

On March 27, 2015, in Tolle Lege Articles, by hmlenahan

By: Jamey Collidge* Citation: 60 Vill. L. Rev. Tolle Lege 55 (2015) To view the article as a PDF, click here. “[T]hose of us who support individual liberty and believe internships—paid or unpaid—better the careers of those who choose to intern understand that this market will be best served by leaving it alone.”1 I. A […]

The Third Circuit Lays Another Trap for Unsuspecting Employers: Lupyan v. Corinthian Colleges Inc.

On March 16, 2015, in Tolle Lege Articles, by hmlenahan

By: Keely Jac Collins* Citation: 60 Vill. L. Rev. Tolle Lege 47 (2015) To view the article as a PDF, click here. I. Introduction One of the primary tenets of statutory construction is to effect the object of the statute and to promote justice.1 Likewise, when applying the Pennsylvania Rules of Civil Procedure, the Legislature instructs […]

“New Wine in an Old Bottle”: The Advent of Social Media Discovery in Pennsylvania Civil Litigation Matters

On January 30, 2015, in Uncategorized, by hmlenahan

By: Daniel E. Cummins, Esquire* Citation: 60 Vill. L. Rev. Tolle Lege 31 (2014) To view the article as a PDF, click here. In the absence of appellate guidance to date, trial courts across the Commonwealth of Pennsylvania continue to be on their own as they attempt to craft appropriate remedies to an increasing number […]

Unfair and Inactionable: The Case for a Private Cause of Action for Business and Investment Activity Under Pennsylvania’s Unfair Trade Practices and Consumer Protection Law

On November 19, 2014, in Tolle Lege Articles, by hmlenahan

By: Mark T. Wilhelm* Citation: 60 Vill. L. Rev. Tolle Lege 25 (2014) To view the article as a PDF, click here. I.  Introduction Pennsylvania’s Unfair Trade Practices and Consumer Protection Law (UTPCPL)[1] was originally passed in 1968, with a focus on protecting Pennsylvania citizens from fraudulent and misleading commercial activity.[2] In 1996, the UTPCPL was […]

A Bridge to Nowhere: Exposing Competition and Pricing Regulations That Lead to Mismanagement and Waste in Government Contracting

On November 19, 2014, in Tolle Lege Articles, by hmlenahan

By: Jim R. Moye* Citation: 60 Vill. L. Rev. Tolle Lege 9 (2014) To view this article as a PDF, click here. “The Federal Government has an overriding obligation to American taxpayers. It should perform its functions efficiently and effectively while ensuring that its actions result in the best value for the taxpayers.”[1] I.  Introduction […]

“Whose” Game Is It? Sports-Wagering and Intellectual Property

On September 23, 2014, in Tolle Lege Articles, by hmlenahan

By: Ryan M. Rodenberg, Anastasios Kaburakis & John T. Holden In 1992, Congress passed the Professional and Amateur Sports Protection Act (PASPA), a statute designed to prevent the further spread of state-sponsored sports-wagering.[1] The statute’s language has the effect of granting a property right to sports leagues, implicating the Constitution’s Intellectual Property Clause.[2] The Intellectual Property […]