Pennsylvania

  • March 27, 2015

    Pa. Justices Snub Gross McGinley Bid To Ax Malpractice Row

    The Pennsylvania Supreme Court said on Friday it would not hear an appeal of a Superior Court decision reviving a $1.15 million legal malpractice complaint against Gross McGinley LaBarre & Eaton stemming from a real estate development dispute.

  • March 27, 2015

    Provigil Pay-For-Delay Suit Survives Reconsideration Bid

    A Pennsylvania federal judge on Friday declined to reconsider his ruling that a handful of pay-for-delay suits against drugmaker Cephalon Inc. over its Provigil narcolepsy drug meets the U.S. Supreme Court’s Actavis standard allowing parties to sue drugmakers over settlements to delay the entry of generic drugs.

  • March 27, 2015

    Pa. Court Affirms Bar On Malpractice Suits Over Settlements

    The Pennsylvania Superior Court on Friday ended a workers’ compensation client’s suit against Dashevsky Horwitz Kuhn & Novello PC, reaffirming a standard set in 1991 that clients cannot sue their attorneys for malpractice over settlement deals they willingly entered into.

  • March 27, 2015

    3rd Circ. Rules Against Gay Honduran Nat'l Who Fears Gang

    The Third Circuit in a precedential opinion on Thursday denied a withholding of removal request by a gay Honduran national who says that he fears torture and death by the infamous Mara Salvatrucha gang, ruling that the gang was interested in his money and recruitment potential and not in harming him on account of his homosexuality.

  • March 27, 2015

    Sanctions Sought Against Dunkin' Donuts In Contract Suit

    Two former owners of Dunkin' Donuts Inc. franchises asked a Pennsylvania federal judge Thursday to sanction the donut chain for “clear, deliberate, material and unjustifiable discovery violations” in their $10 million suit alleging the corporation unlawfully broke its contract with them.

  • March 27, 2015

    Meat Co. Wants Immediate Ban On Tyson's Ball Park Hot Dogs

    Meat products company Parks LLC is pushing for an immediate ban on Tyson Foods Inc.'s new high-end line of Ball Park hot dogs called “Park's Finest,” arguing that the recently debuted brand name amounts to a literal false claim that Tyson's franks are sold by Parks.

  • March 26, 2015

    GNC Asks JPML To Split Supplement MDLs, Consolidate In Pa.

    General Nutrition Corp. told the U.S. Judicial Panel on Multidistrict Litigation on Wednesday that the suits against it and other retailers over allegedly mislabeled herbal supplements should be consolidated in Pennsylvania but that they should be split into separate multidistrict litigations against each defendant.

  • March 26, 2015

    3rd Circ. Nixes Post-Sandy Debris Removal Claim Under SFIP

    The Third Circuit on Thursday concluded that "insured property" as it appears in a Standard Flood Insurance Policy doesn't include land, affirming that an SFIP issued to two homeowners doesn’t cover the cost of removing debris they didn't own that was deposited on their land during Hurricane Sandy.

  • March 26, 2015

    Eckert Seamans Sues Oil Recycling Co. Over Legal Bills

    Eckert Seamans Cherin & Mellott LLC filed suit in Pennsylvania state court on Wednesday aiming to recoup more than $55,000 in legal fees from the owners of a suburban Philadelphia oil recycling business facing an investigation over illegal dumping by the state attorney general’s office.

  • March 26, 2015

    Pa. High Court Rules Against Union In Hiring Spat

    The Pennsylvania Supreme Court on Wednesday affirmed a lower court decision that the state's labor relations board had ruled correctly when it concluded Luzerne County had not violated state law after an agency underneath it subcontracted work typically handled by a union.

  • March 26, 2015

    Pa. High Court Affirms Propriety Of 2nd Philly Casino License

    The Pennsylvania Supreme Court on Wednesday affirmed an appellate ruling that state regulators could reissue a revoked license allowing a second casino in Philadelphia, delivering a blow to SugarHouse Casino, currently the city's only operating table gaming venue.

  • March 26, 2015

    Post & Schell Boosts Pa. Health Practice With Ex-Gov't Lawyer

    Post & Schell PC said Tuesday that it has nabbed a veteran Pennsylvania state government attorney to serve as a principal in the firm’s health care practice in Harrisburg.

  • March 26, 2015

    Pa. Justices Say Patient Consent Can't Bar Malpractice Claims

    The Pennsylvania Supreme Court ruled Wednesday that evidence of informed consent by patients should be largely barred from medical malpractice suits alleging claims of negligence against doctors.

  • March 25, 2015

    NY Harbor Union Suit Should Stay Dead, 3rd Circ. Hears

    The Waterfront Commission of New York Harbor has urged the Third Circuit to uphold a lower court ruling finding the commission did not interfere with unions’ collective bargaining when it changed the hiring process for certain workers, saying the lower court properly upheld the commission’s authority to regulate labor.

  • March 25, 2015

    Axis Says PNC Not Covered For $356M Funeral Scam Verdict

    Axis Insurance Co. disclaimed responsibility for a $356 million verdict against PNC Bank NA, saying in a declaratory suit filed in Pennsylvania federal court Tuesday that the verdict — over a predecessor's role in a $600 million insurance scam involving prepaid funeral contracts — isn't covered under Axis' policy.

  • March 25, 2015

    Walgreen, Others Sue Over Alleged Aggrenox Pay-For-Delay

    Walgreen Co., The Kroger Co., Safeway Inc. and other grocery chains on Wednesday filed a joint complaint against Teva Pharmaceuticals USA Inc. and Boehringer Ingelheim Pharmaceuticals Inc. in Pennsylvania federal court over an alleged $120 million pay-for-delay deal for a generic version of stroke drug Aggrenox.

  • March 25, 2015

    1 Firm Feasts Amid Surge In Food Industry Deals

    From its involvement in Wednesday's mega-merger between Heinz Co. and Kraft Foods Group Inc. to its role in Burger King's August purchase of Tim Hortons Inc., one firm's hunger for deals has helped it cash in on the fast-growing food and beverage industry over the past year.

  • March 25, 2015

    David Axelrod Accused Of Taking Credit From PR Specialist

    Public relations specialist Frank Keel filed suit Tuesday in Pennsylvania accusing celebrated political consultant David Axelrod of taking credit for Keel's alleged 2003 PR victory during the Philadelphia mayoral race and Axelrod's publisher, Penguin Random House LLC, of failing to fact-check that misappropriation in Axelrod's new memoir.

  • March 25, 2015

    Pa. Chancery Court Wouldn't Dent Delaware's Dominance

    A Pennsylvania state senator’s tentative proposal to establish a chancery court in the state would be a boon for business litigants outside of Philadelphia and Pittsburgh, experts say, but companies aren't likely to begin favoring the state over Delaware for incorporation anytime soon.

  • March 25, 2015

    Atty Sanctioned $1M Pushes Pa. Judge To Nix Penalty

    A Pennsylvania state judge was urged on Monday that the emergence of new evidence required that he nix a $1 million sanction he slapped on a Philadelphia-based defense attorney after an expert witness offered forbidden testimony in a medical malpractice case in 2012.

Expert Analysis

  • 3rd Circ. Keeps Open Possible Fracking Carveout Challenge

    Emily B. Thomas

    Despite the decision in Rodriguez v. Secretary of the Department of Environmental Protection, the Third Circuit’s ruling was very narrow and leaves a door open for future challenges to state trade secret protections for hydraulic fracturing companies when it comes to medical care carveouts, says Emily Thomas of Baker & Hostetler LLP.

  • Can Employers Record Employee Phone Conversations?

    James M. McCabe

    Although no court has fully addressed the lawfulness of employers using voice over Internet protocol services to record all employee phone calls under federal and state laws, courts will likely apply the same framework used to examine the lawfulness of traditional telephone recordings, says James McCabe of Troutman Sanders LLP.

  • And Now A Word From The Panel: Just Say No (To MDLs)?

    Alan E. Rothman

    What will spring bring for the Judicial Panel on Multidistrict Litigation? Will it continue to close the door on new MDL proceedings? Will it decide to throw the baby out with the bathwater and decline to create a baby wipe MDL? asks Alan Rothman of Kaye Scholer LLP.

  • Not Saved By The Bell: Dismissing Classes Prediscovery

    Laura E. Vendzules

    While bet-the-company class actions are on the rise with support from regulatory agencies, courts remain more open to limiting their scope. Bell v. Cheswick Generating Station is critical in that it signals a willingness to dispose of class claims before class discovery and prior to any motion for certification if the class as alleged is implausible on its face, say Laura Vendzules and Michael Iannucci of Blank Rome LLP.

  • This Week In Congress: Bicameral Coincidence, Vote-A-Rama

    Richard A. Hertling

    This week both chambers begin the annual congressional budget debate, a process that will set the budget rules and spending limits for the congressional appropriations committees in funding federal agencies for fiscal year 2016. And on Thursday, the Senate will begin its famed “Vote-a-rama,” say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • Is Your Landfill Or Other Wasting Asset Fairly Assessed?

    Ronald S. Cusano

    As an investment, a landfill is high risk due in part to the potential for extreme environmental liabilities. Conventional appraisal methods, including cost, comparable sales and even the traditional income method, do not account fully for these unique factors, says Ronald Cusano of Schnader Harrison Segal & Lewis LLP.

  • What's New In Pennsylvania's Latest Video Gaming Bill

    Frank DiGiacomo

    This week, the Pennsylvania House of Representatives introduced a bill that would authorize video gaming machines in establishments with valid liquor licenses. While similar legislation was introduced last year, there are distinct differences between the two bills, say attorneys with Duane Morris LLP.

  • An Ongoing Tax Refund Saga For Bank Holding Companies

    Andrew I. Silfen

    The Third Circuit recently waded into the ongoing debate over the ownership of tax refunds generated by a failed bank in FDIC receivership but paid to a failed bank holding company due to the existence of a tax sharing agreement. The decision deepens the circuit court divide regarding this issue, which will likely need to be resolved by the U.S. Supreme Court, say Andrew Silfen and Jeffrey Rothleder of Arent Fox LLP.

  • OPINION: Not All That Is Public Should Be Publicized

    Adam C. Sherman

    Although court decisions are public records, that doesn’t mean they should be publicized by the courts on search engines, such as Google. Access alone isn’t the problem. The issue is that these decisions appear prominently atop search results — even when browsing parties are not looking for them. Courts have opened their doors, but they need not remove them entirely, says Adam Sherman of Vorys Sater Seymour and Pease LLP.

  • Up The Irish: St. Paddy’s Is For Celebrating Pro Bono, Too

    Kevin J. Curnin

    Just in time for St Patrick’s Day, Ireland has released the results of its first-ever survey on pro bono legal work. As befits a day that is mostly about celebrating, the results are encouraging. The results also mirror a lot of our experience in the United States regarding how and why — or why not — lawyers are contributing to the common good, says Kevin Curnin of the Association of Pro Bono Counsel.