Ben Mayerson, Esq., Shareholder At Mayerson Schreiber McDevitt, P.C. To Argue Important Case Before Pennsylvania Supreme Court

The law firm of Mayerson, Schreiber & McDevitt, PC, will argue before the Pennsylvania Supreme Court on Wednesday, December 2, 2009. The issue is important to all Pennsylvania lawyers and is backed by the Pennsylvania Bar Association and the Philadelphia Bar Association, which both filed amicus briefs in support of Mayerson’s Petition.

The issue is also important to all Pennsylvania citizens because it is at the crux of your right to access the appellate judicial system whenever it is believed that a trial judge made a substantial mistake the impacted the outcome of a trial. Specifically, Pennsylvania Rule of Appellate Procedure 1925(b) operates as a final hurdle for all appellants to reach the higher courts. (An appellant is any person or company attempting to access the appellate courts to get a new trial when a trial judge made a mistake). Rule 1925(b) requires the appellant to file and serve the trial judge with a Concise Statement of Errors advising the trial judge of the specific errors made by the trial judge that are being raised on appeal to the Superior Court.

The Rule is currently being applied such that it is insufficient to file the Concise Statement of Errors with the trial court, as is done with every other pleading. In this one instance, the legal document called a Concise Statement of Errors must also be served upon the trial judge himself much like a Civil Action Complaint would be served upon a defendant in a lawsuit.

In this case, the appellants attempted to serve the trial judge in his chambers but the court staff refused to identify the location of the trial judge’s chambers and instead, promised to deliver the document to the trial judge within ten minutes because the trial judge was waiting for it and because the trial judge wanted the original.

After being properly filed at the court house, the original Concise Statement of Errors was thereafter delivered to the trial judge by the court’s staff exactly as promised. Nevertheless, the trial judge determined that he had not been properly served by the appellant (the appellant being the person that is claiming the trial judge made mistakes in the case), and thus all appellate issues were waived for failing to comply with Appellate Rule 1925(b). In other words, it did not matter to the trial judge that he actually received the Concise Statement of Errors because the trial judge believed he should be served by the appellant.

A three member panel of The Superior Court agreed with the trial judge and determined that all of the appellate issues had been waived for failing to provide the trial judge with personal service of the Concise Statement of Errors. Mayerson, Schreiber & McDevitt, PC, petitioned the Supreme Court to decide the issue. The Supreme Court accepts less than 5% of all petitions submitted per year, but decided the issue submitted by the Mayerson firm was of substantial importance to our system of justice. Thereafter, the Pennsylvania Bar Association and the Philadelphia Bar Association agreed, and filed an amicus brief in support of Mayerson’s petition.

The Pennsylvania Bar Association and the Philadelphia Bar Association are non-profit, independent, voluntary organizations, representing over 29,000 lawyer members and both organizations work to promote justice, respect for the rule of law, professional excellence, and betterment of the legal profession. In order to advance jurisprudence and to promote the administration of justice, both associations will file amicus briefs in cases raising issues of vital concern to the Commonwealth’s lawyers. This issue was of particular interest to the Associations and their members because they are concerned about the application of Appellate Rule 1925(b) and the rationale supporting waiver of appellate rights based upon technical issues that do not impede meaningful appellate review. The Associations have a strong interest in ensuring the balance between court efficiency and consistency and the preservation of appellate review on the merits.

The case is being heard by the Supreme Court on Wednesday, December 2, 2009, in Harrisburg Pennsylvania. It will be argued by the appellants’ attorney, Ben Mayerson.

Stats on Drunk Driving per State

Alcohol-Impaired Drivers Involved in Fatal Crashes, by Gender & State, 2007-2008
This Research Note emphasizes recent trends in the number of alcohol-impaired drivers involved in fatal crashes, by the gender of the driver as well as the State where the fatal crash occurred.

http://www.nhtsa.dot.gov/portal/site/nhtsa/menuitem.6a6eaf83cf719ad24ec86e10dba046a0/


David E. Schreiber

www.mayerson.com
610-948-4800

How to Keep Email Free from Virus Attachments

How to Keep Email Free from Virus Attachments


Email keeps us in touch with friends, family, and colleagues. Yet, caution is necessary when emails contain attachments. Attachments come from friends and strangers. Nonetheless, users can choose to keep their computers free from malicious email attachments in a variety of ways.

1. Allow free email accounts to scan attachments for viruses. Free email accounts such as Yahoo, Hotmail, AOL, and Google Mail automatically scan email attachments for viruses or offer alternative means of opening attachments, before the attachment downloads to the computer.

2. Scan emails with an antivirus software. Antivirus software features an option to scan email attachments proactively, before or after attachments download to the computer.

3. Upload or email attachments to a web-based virus scanner. Web-based virus scanners allow users to upload attachments to a server, which scans the attachment for viruses and malware. Optionally, the user can forward attachment to a specified email address, which will then scan the virus from multiple antivirus programs. A report will indicate whether the attachment contains a virus.

Receiving email attachments through email is a normal part of checking emails, but caution is necessary. Scanning email attachments is a preventive method of detecting viruses, phishing, malware, and spyware. Routinely scanning documents and running a current version of antivirus software will effectively reduce chances of file attachments infecting the computer.

Tips and Warnings

n Do not open email attachments from unknown senders. These attachments could contain viruses, Trojans, or malware.

n Save email attachments before opening them directly from email. Malicious attachments cannot do any harm until opened. Scan the attachment with the antivirus software installed on the computer, or use a web-based virus scanner to examine the attachment for viruses.

- Keep an up-to-date antivirus program installed on the computer. There are many paid and free antivirus software and internet security options available.

- Free web-based attachment scanner - http://www.virustotal.com/

- Free antivirus and malware software - http://www.avast.com/

- Free antivirus and malware software - http://free.avg.com/us-en/homepage

- Free antivirus, Trojan, and spyware remover- http://housecall.trendmicro.com/


David Schreiber
Mayerson Schreiber McDevitt, P.C.
www.mayerson.com
800-524-7300

Serving: Pottstown, Boyertown, Phoenixville, Spring City, Limerick, Gilbertsville, Phoenixville, Douglassville, Birdsboro, Collegeville, Royersford areas

Man arrested for DUI after calling police because his marijuana was stolen

Calvin Hoover, 21, of Salem, Oregon called 911 to say that his marijuana was missing.
According to the local paper, the Statesman Journal, he called 911 to report that while he was in a bar, someone broke into his truck, stole $400 cash, a jacket and about 3/4 oz. of marijuana, valued at about $180.

Police went to the bar but Hoover was not there.

An hour later, Hoover called again to complain but this time angry that the police had not arrived.

Authorities said the dispatcher had trouble understanding the caller because he was driving and stopping several times to vomit.

Police eventually found Hoover's truck parked on the street. He was 100 feet from his truck, walking in the street. He told authorities that he was looking for the people who stole his "weed."

Police took a theft report and arrested him on charges of driving under the influence. They explained to Hoover that if he did not have a medical marijuana card and was found in possession of marijuana, he would have been charged with possession of a controlled substance. (Medical marijuana is legal in Oregon, with a valid permit). It's not clear whether he had any such permit, but DUI IS illegal.

All over the country reports are coming in that Medical Malpractice lawsuits are down tremendously, despite the insurance lobby propaganda. In Pennsylvania, for example, medical malpractice lawsuits are down 38% since 2002 and in Philadelphia by 52%. Furthermore, two of the largest insurance carriers in the state for that kind of coverage are decreasing their rates and since 2002, 57 new carriers are offering policies to doctors.

It's a shame that the misinformation about this continues and no one really knows the truth about personal injury or medical malpractice litigation unless they unfortunately have to go through it. It is not a jackpot or lottery system and most insurance defense lawyers will tell you that not only are the great majority of jury verdicts in favor of doctors but both the number of lawsuits and the actual dollar amount of verdicts are down substantially.

If you would like more information, please contact us.

David Schreiber
Mayerson Schreiber McDevitt, P.C.
www.mayerson.com
610-948-4800
800-524-7300

Serving: Pottstown, Boyertown, Spring City, Gilbertsville, Douglassville, Phoenixville, Birdsboro, Limerick, Royersford