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Marc Kaplin, Esq. and Pamela Tobin, Esq. of Kaplin Stewart in Blue Bell, Pennsylvania have secured a precedent-setting state rights victory in the Third Circuit Court of Appeals for their client, the MacDade Boulevard Mall. The lawsuit was filed as a result of a dispute over CSX Transportation, Inc.’s failure to control the storm water runoff from its railroad track adjoining the Mall property. The trial court agreed with CSX that it was immune from liability under the Federal Railway Safety Act. Marc Kaplin argued the Mall’s case before the Third Circuit Court of Appeals which reversed the trial court’s decision, holding that the federal regulation did not authorize CSX to discharge its storm water directly onto the Mall’s property. The Appeals Court concluded that the regulation was never intended to give the railroad the authority to disregard state property rights. The decision is a vindication of state rights.

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Kaplin Stewart in Blue Bell, Pennsylvania, is pleased to announce that three attorneys and a paralegal have recently joined the firm. Michael P. Hogan is an Associate in the Commercial Litigation group. He previously was an Associate with Lavin, O’Neil, Ricci, Cedrone & DiSipio. Joshua A. Steinberg is an Associate in the Real Estate Transactions and Corporate Law & Business Planning groups. He previously was an Associate at Bennett, Bricklin & Saltzburg. Dayna Rose Benn is an Associate in the Estate Administration & Planning, and Tax groups. She was previously a Senior Trust Administrator with Wells Fargo Bank. Lynn Sturdivant is a Paralegal in the Real Estate Transactions, Estate & Tax and Corporate Law & Business Planning groups. Ms. Sturdivant was previously a Paralegal at Lavin, O’Neil, Ricci, Cedrone & DiSipio.

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Robert A. Korn, Esq. and Karin Corbett, Esq., members of the Construction Law group of Kaplin Stewart in Blue Bell, Pennsylvania, are contributing authors of the Pennsylvania Bar Institute’s recently published “Pennsylvania Construction Law: Project Delivery Methods, Execution, and Completion”, having authored the Chapter titled “Tort Actions Arising on Construction Projects” which focuses on tort claims against the design professional and others involved in the construction process. Mr. Korn and Ms. Corbett’s work discusses professional malpractice as well as other tort theories, including ordinary and gross negligence and negligent misrepresentation. The publication is a comprehensive and practical resource for construction lawyers looking for a resource in the area of construction law.

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