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The official law firm blog of Elliott & Davis, PC has moved to http://resipsablogger.wordpress.com/.  Thanks for reading!

News from Elliott and Davis

Because we're still current on legal headlines with yesterday's post, I thought it prudent to post about some exciting news that is happening in the world of Elliott & Davis. Just this summer another lawyer had joined your friendly neighborhood law firm. Here is a copy of the newsletter that was sent out by Eric Davis:

I am writing to share some exciting news from the law firm of Elliott & Davis, PC. We are pleased to announce that Joshua Siebert has recently joined the firm. His practice focuses on appellate litigation in criminal, civil, and administrative law, and on PCRA and habeas corpus matters. Joshua also has experience as a civil litigator in matters ranging from asbestos to mass torts, derived from his litigation experience with a prominent regional litigation firm. Joshua brings to the firm a new suite of skills that enables us to provide experienced counsel in all aspects of litigation, from arbitration to the Pennsylvania Supreme Court and beyond. Joshua also can assist you with corporate and non-profit matters, as well as preliminary hearings, DUIs, and other smaller criminal matters. And as his employment history makes clear, he can provide expert counsel to attorneys on all aspects of legal writing, from contracts to complex briefs.


Joshua's appellate practice is strengthened by no fewer than five years of experience as a clerk to judges and justices on the Pennsylvania Superior and Supreme Courts, as well as his experience as a student intern to two federal judges, including the late Honorable Carol Los Mansmann of the United States Court of Appeals for the Third Circuit. He has reviewed and analyzed hundreds, if not thousands, of appellate matters, including petitions for review before the Pennsylvania Supreme Court, king's bench matters, and capital appeals. During his clerkships, he participated in the preparation of well over 100 opinions, and analyzed hundreds of draft opinions prepared by other jurists. As a practitioner, Joshua has prepared briefs and petitions before the Pennsylvania Superior and Supreme Courts, the West Virginia Supreme Court, and the United States Court of Appeals for the Fourth Circuit on topics as diverse as asbestos and securities fraud.


Armed with his inside knowledge of the courts, Joshua can assist clients and other attorneys in all phases of the appellate process, from pre-trial consultations on potential appellate issues requiring careful preservation at trial, to appearing before the Pennsylvania Supreme Court - and the whole spectrum of appellate tasks between.





As a civil litigator, Joshua was national counsel to a Fortune 500 concern on product liability matters. He has entered appearances all over the country, and conducted all phases of discovery in multi-million-dollar wrongful death matters. He has also served as defense counsel on a range of civil matters, including insurance, asbestos, personal injury, employment matters and others, and plaintiff's counsel on a wrongful death matter.

Joshua conducted his undergraduate studies in english and philosophy at Rutgers University in New Jersey, graduating with high honors. He graduated from the University of Pittsburgh School of Law magnum cum laude in 2003. While there, Joshua served as Senior Topics Editor to the University of Pittsburgh Law Review and published an award-winning article on procedural due process.

If you require or anyone you know requires assistance with PCRA or appellate matters, or representation in civil or criminal litigation, Joshua is ready to provide informed and capable assistance. If you require assistance with thorny legal issues, whether before, during, or after trial, from motions and briefs in support to petitions or briefs before the Pennsylvania appellate courts, he is ready to assist you in every way.

As you know, our firm has continued to grow and expand our capacities as a full-service law firm with expertise in the areas of corporate law, nonprofit law, real estate law, estates & trusts, intellectual property law, employment law, technology law, personal injury law, civil litigation, immigration law, adoption law and domestic relations law. Now, we count appellate law among our many capabilities. As a truly full-service law firm, we are well qualified to assist you with all your personal and business legal needs.

Referrals are critical to the ongoing success of our business. Please feel free to forward this email to anyone you think might be interested in learning more about our firm or its newest addition.

Check out our new website at http://www.elliott-davis.com for more information.

Hope You Are Having A Great Summer,

Eric Davis

Questions, Comments, Concerns about your own legal matters? Elliott & Davis offers free 30 minute legal consultations! 412-780-0008 and of course you can always contact us via blog, Facebook and Twitter!

Recapping Legal Headlines

After a short summer hiatus, ResIpsaBlogger has returned with a lot of legal headlines to catch up on.  Here's what's on deck:

The Trial of Warren Jeffs
The trial of polygamist sect leader Warren Jeffs certainly didn't get the coverage of the Casey Anthony trial, but it was just as big of a circus.  After firing five of his attorneys, Jeffs opted to represent himself, which was more of an opportunity for him to preach to the jury rather than actually defend himself.  His closing argument of "I am at peace." didn't help his cause, and he was found guilty of sexual assault of a child.  The jury is currently deliberating his punishment.

72 Charged on Online Global Child Porn Ring
A horrific and indescribable case of crimes against children.  A child pornography ring, which physically and sexually abused children 12 years old and younger, was busted by the United States and abroad.  Of the group's 72 members, 50 have been arrested.

Homeless Man's Death leads to Father Suing the Police 
Kelly Thomas, a homeless schizophrenic, was arrested by police, who, according to reports, then shocked Thomas with a stun gun and beat him with flashlights while bystanders stood and recorded the incident.  He was taken off life support in the beginning of July and his father is now suing the California police department.  Declining a substantial settlement, Ron Thomas wants the city and this "rogue band of cops that believe they are above the law" held accountable for the death of his son.  This will be a case to keep an eye on.

Android's Patent Troubles

Google's chief legal counsel recent lashed out against Apple and Microsoft for waging an anti-competitive was against Google through so called "bogus patents."  But, as is the case with many areas of the law (technology in particular), the answer isn't so black-and-white.  As Philip Elmer-DeWitt notes in his column for CNN, Google is on shaky ground, having possibly infringed upon the patents of its competitors.


Questions, Comments, Concerns about your own legal matters?  Elliott & Davis offers free 30 minute legal consultations!  412-780-0008 and of course you can always contact us via blog, Facebook and Twitter!

Legal Headlines, Week 6

Another Wednesday is upon us, which means another set of legal headlines from your friendly neighborhood law firm.  Here's what's in the news:

Former Illinois Governor Rod Blagojevich
 Blagojevich caught national attention when it was rumored that he tried to appoint President Obama's vacant Senate seat after the 2008 Presidential Election.  Last summer Blagojevich was on trial for similar charges but was only convicted of lying to the FBI-- a crime with a five year prison sentence.  For fans of Balgojevich, don't fret,  I sense an appeal is in your future.

Woman fired over Headscarf
A headscarf is often a very misunderstood symbol of Islam and is often associated with oppression and terrorism.  A young California woman was hired at a local Abercrombie & Fitch store and went to the interview wearing her headscarf.  Upon hiring, she was told the headscarf was fine as long as it fit the store dress code colors.  Several months later, she was fired when she was told to work without wearing the headscarf; something that she said was simply unacceptable.  This trial has potential to set First Amendment precedent related to dress codes that are dictated in scripture.  I'm anxious to see where this will go.

TRIAL UPDATE!!
A few weeks ago, I posted about the trial of  Richard Poplawski.  The trial has concluded, and the defendant Poplawski was sentanced to death, by lethal injection.  Judge Jeffrey A. Manning has set a formal sentencing hearing for September 6 for the remainder of Poplawski's charges, which include attempted murder and assault on a law officer, related to the other police he fired upon.


Forceful Medication on the Table for Arizona Shooting Suspect
As we watch the amazing recovery of Rep. Gabrielle Giffords, we are left wondering if she, as well as the other victims of the Arizona Shooting, will ever recieve justice.  Earlier this month, it was said that the trial of Arizona shooter Jared Loughner was too incompetent to stand trial.  Now it seems the judge is looking to forcibly medicate Loughner, which his attorneys argue is a violation of his First Amendment rights.  Yet, it would get his schizophrenia under control, and thus allow him be able to stand trial.  There's no telling what the ruling will be in this case.

Questions, Comments, Concerns about your own legal matters?  Elliott & Davis offers free 30 minute legal consultations!  412-780-0008 and of course you can always contact us via blog, Facebook and Twitter!

Light Blogging This Week

Ladies and gentleman, I had the utmost intention of updating the blog properly during my week at lovely Topsail, North Carolina. However, due to a spotty internet connection, I wasn't able do my usual research and update the blog properly- hence why links, photos, and other lovely blog appendages are not readily available for your blog reading pleasure.

Never fear! I will return with double legal headlines next week as well as an exciting posts about womens' driving rights in Saudi Arabia. Why this particular topic, you may ask? You'll just have to wait and see next Friday!

Stay tuned for more excitement from your friendly neighborhood law firm!

Questions, Comments, Concerns about your own legal matters?  Elliott & Davis offers free 30 minute legal consultations!  412-780-0008 and of course you can always contact us via blog, Facebook and Twitter!

Legal Headlines Mid-Week, 4

Ah, another Wensday is upon us, just waiting to be enlightened by the legal headlines, mid-week.  So, what's on deck?

The Barefoot Bandit Pleads "Not Guilty"

Do any of you remember this case?  For those of you that may have forgotten, the alleged bandit, Colton Harris-Moore, had the police on a wild goose chase for two long years, eluding the cops by his constant theft of boats, planes and cars, while barefoot.  (With all his shenanigans you would have thought he might have taken the time to steal some form of footwear...but I digress)  Upon his capture in the Bahamas he was extradited to the US.  The defense suggests that a deal is in the works and could be agreed upon as early as tomorrow.


Casey Anthony's Prosecution to Finish This Week
As the prosecution wraps up their case this week,  the jury is yet again presented with the gruesome facts of this case.  Young Caylee Anthony's body was found, decomposed, with duct tape wrapped around the skull. The defense now has a difficult time, with all this evidence, sticking to their claim that Caylee had drowned in the pool and her death just went unreported for psychological reasons.  We're going to keep our eyes on this one. 


Jury Selected in Richard Poplowski Case

How about something local for a change?  For you readers who aren't from Pittsburgh, here's a major case that many are happy to finally see under way.  Defendant Richad Poplowski is being accused with the murder of three Pittsburgh police officers.  As the police were coming to the Poplowski residence in response to a 911 call,  he opened fire killing all three officers on the scene.  It was a shock that the jury was selected so quickly because, owing to the media coverage, people believed it would be difficult to find a jury that would give a fair trial.  Only time will tell. 


And, my personal favorite for the week:


Grandmother Accused of Gang Activity
The last person you would expect of gang activity would be a sweet, innocent granny.  Yet, these are the accusations of her landlord who has presented her with an eviction notice, citing her involvement with a gang.  Despite her friends and neighbors claiming that the accusations are false, she may still be evicted.  She's lived in the same apartment for 30 years which means that she has either been a gang member during her longterm stay at this residence, or her landlord is just looking for a reason to get rid of her.


Questions, Comments, Concerns about your own legal matters?  Elliott & Davis offers free 30 minute legal consultations!  412-780-0008 and of course you can always contact us via blog, Facebook and Twitter!

Legal Headlines Mid-Week, 3

Another Wensday is upon us, which means another stack of new and noteworthy legal headlines to keep our eyes on!  Here's what's in the news:

Jaycee Dugard's Release of Her Horrific Experiences in Captivity

The title speaks for itself; one can only imagine the horrifc torture that this poor girl had to endure during her eighteen years in captivity.  Now free, and with her kidnapper behind bars, Jaycee Dugard bravely recalls the details of her ordeal. 

John Edwards Indicted
He just can't seem to stay out of trouble.  After the details were released of his affair during his presidential campaign his reputation had been on a continuous decline.  Accused of inappropraite use of campaign funds and conspiracy, Edwards has now lost all hope of a presidential bid anytime soon. Currently he's seeking a deal that would exclude any jail time.  We'll keep you posted!

Strauss-Kahn Pleads Not Guilty
It seems like months have passed since Strauss-Kahn was arrested for alleged sexual assault.  Now his case is back in the forfront of media attention with his plea of "not guilty" to the charges against him.  He currently is being held in his Manhattan apartment, under constant surveillance, until his trial.  This French presidential hopeful will be a constant in the summer news, so stay tuned!

Good Samaritan Assaulted- Dies
A good deed never goes unpunished, especially in this instance.  Fifty three year old Jose Guadalupe Garcia stopped to help a man in a disabled van on the side of the road.  When he reached out to shake the driver of the van's hand, he was assaulted and was taken to the hospital and was listed under critical condition.  He later died of his injuries.

Questions, Comments, Concerns about your own legal matters?  Elliott & Davis offers free 30 minute legal consultations!  412-780-0008 and of course you can always contact us via blog, Facebook and Twitter!

Ratko Mladic, Genocide and the Declaration of Human Rights

As the grandaughter of Holocaust survivors, I was overjoyed when I heard of the arrest of Ratko Mladic this past week.  His mass murder of Serbian Muslims was one of the most horrific crimes of the 90s; it is relieving to finally see some justice.   Now Mladic will be tried at the Hague, the home of the International Court of Justice and International Criminal Court, for crimes against humanity.  Established after WWII, the Court was part of the United Nations attempt to prevent further attempts of mass murder and genocide.  The United Nations also coined the word "genocide" and created the Universal Declaration of Human Rights as further attempts to curb such behavior.

Despite their intentions, mass murder still continued; at least now with a name for the horrific crimes that were being committed.  Rwanda, Bosnia and most recently Darfur, stand as proof that despite the creation of laws and world wide awareness, there is no easy way to prevent the ideology of superiority that is the cause of mass murder and genocide.




Curious to learn more as you watch Mladic's trial unfold?  I recommend reading, A Problem From Hell: America in the Age of Genocide by Samantha Power.  Although it's a very detailed read, this book provides the best overview of the century of genocide, beginning with the highly disputed Armenian genocide by the Turks, up until after the Bosnian Wars.  Examining the political and social perspectives, it gives the reader a very distinct and honest view of the most horrific crimes of the past century.  Perhaps it's not the best 'beach read', but it is probably one of the most informative if you have any interest in learning more about this unique, sad, and intricate history.

Questions, Comments, Concerns about your own legal matters?  Elliott & Davis offers free 30 minute legal consultations!  412-780-0008 and of course you can always contact us via blog, Facebook and Twitter!

Libraries and Harper Collin's- The Growing Debates over E-Books

Do you have a library card? If you live in the city of Pittsburgh, I'm willing to place a wager that you do. Even if you're not from the City of Champions, I'm sure you probably have a library card.   If you don't, well then, that's very sad.   Contact me IMMEDIATELY and I'll tell you how to get one.  Library cards open doorways to worlds unkown, provide free, useful services to the public and are just, plain, awesome. This isn't just my own opinion, so don't think I'm merely blowing smoke your way.

So why am I discussing libraries on a law blog?  Well it's because of an issue that has come up concerning digital books, specifically with the publisher Harper Collins.  Here's the issue itself, in general:

When a library buys a hard copy of the book that hard copy is theirs.  Period.  They can circulate it until it falls apart and no one from Harper Collins can come and say, "That book has circulated more than it's worth.  You need to give it back now."  Balderdash!  They'd be laughed out of the library for their stupidity.

Yet this is what they are doing, digitally.  Libraries, fully willing to cater to the public's needs, are now going digital!  E-books are now available through the Carnegie Library as well as many other libraries across the USA.  It works like this:  you buy one digital copy of a book, and like a hard copy it can only be borrowed by one person at one time.  When they are finished the ebook is put on the digital e-shelf and can be borrowed again by another patron.  It can be placed on hold, but is never returned late because it automatically expires once the lending time is up.

Harper Collins feels that a digital book is only allowed a certain amount of circulations, and after that number of circulations they take the ebook back.  Don't ask me how this happens in cyberspace, because I'm not entirely sure of the process, but the book is no longer the library's and they have to buy another copy.

On the one hand, this seems like a silly, artificial constraint. When you buy something, you own it, and the same rules should apply to e-books as they do with hard copies.  Yet Harper Collins is arguing that should be a distinction between digital and hard copy.

Regardless of which argument prevails, this definitely raises questions about new applications of copyright law.  Is there a difference between the digital world and the real world in terms of product?  If so, what is that difference?

Questions, Comments, Concerns about your own legal matters?  Elliott & Davis offers free 30 minute legal consultations!  412-780-0008 and of course you can always contact us via blog, Facebook and Twitter! 

Legal Headlines Mid-Week, 2

Another Wednesday is upon us, and that means another update from your friendly neighborhood law firm to update you on the interesting cases in the news this week.  Here's what we're keeping an eye on:

The imprisonment of Bosnia genocide suspect, Retko Mladic
Retko Mladic, a commander during the Bosnian wars with Serbia, was imprisoned after fifteen years of searching for crimes against humanity that rivaled those of WWII.  Claiming that he is too ill to stand trial, his lawyer is already asking for leniency.  I'm curious to see how this story will turn out as now after his capture it could be a turning point for reconciliation in the Balkans and allow the people to begin to heal.

A Woman Pepper sprays Children at a Playground
I was shocked when I saw this story on CNN.  With no provocation at all this 21 year old woman comes to a playground and pepper sprays two innocent children.  The police have to tend to angry parents and the courts have to ask, "What on Earth is wrong with this woman?"  I'm sure this will be a quick and easy trial.

Casey Anthony Trial, Week 2
From shocking secrets that came out to be pointless duds to audacious claims of abuse, this trial has all the makings of a very bad daytime soap opera.  Perhaps that is its appeal to the viewers of Nancy Grace who provides ample coverage of the trial.  I'm sure there will be more twists and turns with this trial this week, than a game of Chutes and Ladders!

2 Men Dressed as Nuns Rob Palos Heights Bank
Ridiculous, ludicrous and just plain wrong.  The absurdity of this gimmick, I believe besides stealing mass amounts of cash, was just to get their five minutes of fame, which admittedly, we are giving to them.

Questions, Comments, Concerns about your own legal matters?  Elliott & Davis offers free 30 minute legal consultations!  412-780-0008 and of course you can always contact us via blog, Facebook and Twitter! 

Legal Headlines Mid-Week

Every Wednesday I'm going to try and bring to you, my faithful readers, legal
headlines to keep your eyes on for the rest of the week ahead.   Here are the ones I'm
planning on keeping my eyes on...

Ex IMF Chief Strauss-Kahn
 Strauss-Kahn, in case you haven't heard, was recently
arrested on sexual assault charges.  As sometimes happens in a high-profile
case, more and more allegations are arising as this case gets more media
coverage.  One can't help but wonder how many more charges will be added
against him as this case gets more publicity. 


Giants Fan brutal beating outside of LA Dodgers Stadium
 On the opening game at the LA Dodgers Stadium a man was brutally beaten for wearing
a Giants jersey.  After much advertising and reward offering, 31 year old
Giovanni Ramierez was arrested as being the primary aggressor in the case.
The police are still looking for other suspects that have fled the scene.
Any information you may have about this case should be given to the LA
police department.

The High Court of California and their call for a Prison Population Reduction
 The high court of California has called for a reduction in the
prisons' population.  The issues on the table are potential violations of
prisoners' constitutional rights, which have to be balanced against concerns
over protecting the people of California.  


The case of Christian Choate
This case pulled at my heartstrings as I read about it this morning.  This little boy was dead for nearly two years before someone actually realized it.  Taken into his father and
step-mother's custody in 2005, this young boy was allegedly beaten and
abused until the end of his days, where his guardians then buried the body
wrapped in garbage bags.  I'll be paying particularly close attention to
this case in the hopes at this poor boy gets justice.

Questions, Comments, Concerns about your own legal matters?  Elliott & Davis
offers free 30 minute legal consultations!  412-780-0008 and of course you
can always contact us via blog, Facebook and Twitter! 

The CSI Effect: How Television is Creating Unrealistic Expectations in the Courts

CSI, Law and Order, Detroit 1-8-7, Criminal Minds, JAG, and the list goes on and on.  There seems to be no shortage of legal dramas these days.  While these programs are intended for entertainment, the viewers are coming away with much more than a Thursday evening spent in front of the tube.  These programs are creating a glamourized version of the truth which leads the public to hold false expectations of the criminal justice system.
I will never forget one of my first jury trials as a prosecutor that involved an actor carrying a firearm without a valid permit.  I thought the case was open and shut.  The actor was stopped by police for a minor traffic violation and during the stop the officers recovered a .45 from the vehicle.  The actor admitted the gun was his at the time, and told the officer he did not have a permit.
When the case came up for trial, the defendant decided that the gun wasn’t his after all.  Doesn’t really matter because the crime of carrying a firearm without a license is a crime of possession, not ownership.  So we went through with a jury trial.  I thought I couldn’t lose.
When the jury returned a verdict of not guilty, I almost fell out of my chair.  I thought they acquitted him because of something I did wrong, or perhaps they just didn’t like me.  It couldn’t have been the evidence.  I had more than enough evidence to convict.  So I waited until after the judge’s final instructions and requested to speak with the jurors.  I needed to know what I did wrong.
The jurors were very candid with me.  They thought this guy was guilty too.  They liked the way I put the case on.  They disliked the other attorney’s approach and disliked the defendant in general.  So what the hell happened?
The jurors wanted to see fingerprints on the gun.  No fingerprints, no conviction.  They were shocked when I failed to produce such compelling evidence.  The arresting officer even testified that weapons are not examined for fingerprints for this type of crime.  Ever.
I asked the jury why they would think that Allegheny County, with its limited budget and overburdened crime lab, would examine a little pistol for fingerprints for a non-violent offense when the gun was sitting right next to the defendant in plain view of the police.  “Because that’s how they do it on TV.”

It’s not just juries that have fallen ill with CSI Syndrome.  Victims and defendants have the same high expectations, with no regard for the realities of the criminal justice system.  In reality, no investigation is ever completed in an hour, forensics doesn’t get involved with every single crime, the actors are not that physically attractive (sometimes they’re even hideous), and witnesses rarely confess to crimes on the stand.
Because working within the criminal system wasn’t challenging enough, now prosecutors, judges, defense attorneys, victim advocates, and the like have to find creative ways to lower expectations.  So next time you’re summoned for jury duty, prepare for it by watching Jersey Shore.

The Curious Concept of the Lawyer

What is a lawyer? For some, the answer to this question is the least likable individual on the planet.  There are countless lawyer jokes to back this up. Going to a lawyer is something you should do ONLY if necessary. The idea of going to their office makes you feel as if you are descending into the fiery pits of the abyss, and you wonder if you will come out with your soul intact.  After all, a lawyer is other-worldly.  They have no soul, no notion of good, and are filled with greed and lust after your money; what little you have of it.

OK, so I may be a little bit facetious here, but if some of this rings true, you certainly aren't alone in thinking it.  Many people have this preconceived notion of the lawyer, though, perhaps not so vivid.  

However, at least at Elliott & Davis this is not the case. No, I'm not a lawyer trying to sell my own company.  Instead, I'm an intern, trying to help a company that is the exact antithesis of what people believe to be the stereotypical lawyer.  I can attest to this fact because I'm writing from the outside looking in and so far, this is what I've found Elliott & Davis and all of their 15 attorneys to be: They are ordinary people, trying to lead ordinary lives.  They are members of the amazing community of PIttsburgh. They are family men and women, brothers and sisters, parents, and children.  Like you they worry about their future and those that they care about. Making money is not their primary objective. They keep long hours, not because they are greedy, but because they are trying to do the best job that they can for their clients.  No, their office is not a fiery abyss, rather it is a charismatic old building located in Downtown Pittsburgh. The atmosphere inside is warm and inviting.  You are greeted with a smile, not because you are a paycheck, but because you are here because you need to be, and they want to help.   

This is what I've found the law firm of Elliott & Davis PC to be: warm, friendly, and open. They challenge the stereotypical concept of the lawyer and go on helping the good people of the Pittsburgh community and will help anyone that needs a good, trustworthy and caring lawyer.

Elliott & Davis is a full-service law firm with expertise in the areas of corporate law, nonprofit law, mergers and acquisitions, real estate law, immigration law, estates & trust, intellectual property law, technology law, domestic relations law, criminal law, and civil litigation. As such, you can expect the blog to breach all these issues. The goal of this blog is to engage those interested in law, from lawyers to the average joe, and to have an ongoing discussion with the community. This blog will be a tool to inform individuals about what is happening at the firm, and a way to discuss local, national and international issues of interest to our readers. If you have any requests or inquries, please send us a line at marianne@elliott-davis.com and comment on the blog.

About ResIpsa: You may find the name of the blog curious, at least if you're not a lawyer. The title comes from the common law of negligence, res ipsa loquitur, which means that something was so inherently negligent and off the wall that it condemned itself.