Pennsylvania

  • November 26, 2014

    Dechert's Hiring Is Biased, Drexel Law Student Says

    Dechert LLP was sued Wednesday in Pennsylvania federal court by a Drexel University law school student who says the firm violated the Americans with Disabilities Act by refusing to hire Drexel students, who are more likely to have disabilities.

  • November 26, 2014

    NLRB Pushes 3rd Circ. For OK In Canning-Prompted Rehearing

    The National Labor Relations Board pushed the Third Circuit on Tuesday to uphold unfair labor practices findings against New Vista Nursing and Rehabilitation LLC, saying the U.S. Supreme Court’s Noel Canning decision invalidating two recess appointments does not require a remand to the board.

  • November 26, 2014

    Urban Outfitters Seeks Revival Of Hanover Coverage Suit

    Retailers Urban Outfitters Inc. and Anthropologie Inc. have urged the Third Circuit to revive a coverage lawsuit over Hanover Insurance Group Inc.'s refusal to cover defense costs associated with class actions related to the collection of customers' ZIP codes, saying coverage exclusions were construed too broadly by the lower court.

  • November 26, 2014

    Pa. Justices To Hear Appeal Of Libel Suit Against Newspaper

    The Pennsylvania Supreme Court has agreed to hear an appeal of a March ruling that revived a Luzerne County business owner’s libel suit accusing a Scranton newspaper of mistakenly reporting that he was subject of a federal investigation.

  • November 26, 2014

    3rd Circ. Affirms Freeh's Right To Remove Libel Suit

    The Third Circuit on Tuesday confirmed that attorney and former FBI Director Louis Freeh, whose firm issued a sharply critical report on an alleged cover-up of sex abuse at Penn State University, has the right to remove a forthcoming libel suit to federal court.

  • November 26, 2014

    Pa. Justices Snub Appeal Of Atty Defamation Settlement

    The Pennsylvania Supreme Court refused Tuesday to hear a suburban Philadelphia man’s appeal of judge’s decision not to strike a settlement he said was made without his consent in a defamation suit brought by a city attorney who had represented him in a prior insurance dispute.

  • November 26, 2014

    Avandia Insurers Denied Class Cert. In Suit Against Glaxo

    A Pennsylvania federal judge on Monday denied class certification to two Humana Inc. units that sued GlaxoSmithKline PLC for the cost of insuring Medicare patients harmed by its drug Avandia, saying issues of law and fact vary for proposed class members.

  • November 26, 2014

    Mitts Law, IT Co. Settle Malpractice Suit Over IBM Suit

    A Pennsylvania information technology company has settled its state court malpractice suit against Philadelphia law firm Mitts Law LLC in which the company accused the firm of bungling a suit against IBM Corp. allegedly worth $100 million.

  • November 26, 2014

    Corrupt Philly Municipal Court Judge Disbarred

    Former Philadelphia Municipal Court Judge Joseph Waters, who pled guilty in September to federal corruption charges for intervening in two cases on behalf of campaign contributors, was disbarred on Tuesday by the Pennsylvania Supreme Court.

  • November 25, 2014

    RE Rumor Mill: York Downs, BCB Property, Wharton Realty

    York Downs golf course in Ontario has reportedly received a $366 purchase offer, while BCB Property is said to have paid nearly $81 million for a six-building mixed-use portfolio in New York and Wharton Realty has reportedly paid $52.5 million for a Philadelphia shopping mall.

  • November 25, 2014

    State AGs Urge FTC To Strengthen Telemarketing Sales Rule

    Thirty-eight state and territorial attorneys general on Monday pressed the Federal Trade Commission to update its Telemarketing Sales Rule, saying it still doesn’t have the teeth to prevent telemarketers from deceiving consumers with tactics like novel payment methods and preacquired account information.

  • November 25, 2014

    3rd Circ. Won't Revive FCA Suit Against Siemens

    The Third Circuit on Tuesday affirmed a grant of summary judgment given to a Siemens AG subsidiary in the whistleblower suit accusing it of overcharging the U.S. Department of Veterans Affairs for medical devices, saying the district court did not abuse its discretion.

  • November 25, 2014

    Ex-Anapol Schwartz Atty's Gay Bias Suit To Advance

    A former Anapol Schwartz PC attorney’s suit alleging that a culture of anti-gay bias at the firm derailed a lucrative job opportunity continued to move closer to trial, after a Pennsylvania state judge rejected the firm’s summary judgment bid Monday.

  • November 25, 2014

    QVC Slams Shopping App With Suit Over Website Crash

    Television and online retail giant QVC Inc. sued tech startup Resultly LLC in Pennsylvania federal court Monday, claiming the personalized shopping application violated federal law when its Web crawling program that scans the Internet for product prices allegedly crashed QVC’s website for two days.

  • November 25, 2014

    Ex-Pa. Judge Disbarred After Plea Deal In Bribery Case

    The Pennsylvania Supreme Court on Tuesday accepted a statement from a former Luzerne County judge who agreed to resign from the state’s bar after pleading guilty to charges that he appointed an attorney’s handpicked arbitrator in an insurance dispute in exchange for a bribe.

  • November 25, 2014

    Philly Atty Meehan Charged In Underage Prostitution Probe

    A former name partner with the Philadelphia-based firm formerly known as Bishop Dorfman Lazaroff Meehan was charged on Tuesday for allegedly sexually assaulting a 14-year-old girl who was forced into prostitution by a couple in the city’s Germantown neighborhood in 2012.

  • November 25, 2014

    Morgan Lewis 'Bled' Philly Papers For Fees, Suit Says

    The parent company of Philadelphia’s two major daily newspapers accused Morgan Lewis & Bockius LLP on Monday of improperly siding with one faction in a bitter ownership dispute that erupted in court in 2013, resulting in the company being “bled” for more than $800,000 in legal fees.

  • November 25, 2014

    Cozen O'Connor Falsely Cited To Secure Loans, Suit Says

    A Pennsylvania woman sued a Philadelphia private equity boutique where she was briefly employed and its counsel in state court, alleging the business and its principals duped her into lending them money for a set of real estate bills by falsely claiming that Cozen O’Connor was co-counsel on the deals.

  • November 24, 2014

    3rd Circ. Asked To Reconsider Drink Price Class Action

    The plaintiff in a proposed class action against Applebee's International Inc. and International House of Pancakes LLC asked the Third Circuit for an en banc hearing on allegations the restaurants misled consumers with menus absent drink prices, arguing the court's dismissal created inconsistent findings.

  • November 24, 2014

    Pa. Bar's Facebook Advice May Spur Obstruction Claims

    While new guidelines from the Pennsylvania Bar Association on ethical uses of social media recently concluded that attorneys can safely advise clients to make their Facebook profiles private, some experts have raised concerns that doing so could leave room for lawyers to be accused of obstructing access to evidence.

Expert Analysis

  • States Still Fighting Bad-Faith Patent Infringement Claims

    Michael Martinez de Andino

    With 17 states having enacted legislation against bad-faith patent infringement assertions and 12 reviewing proposed legislation, states are sending a clear message that the current patent demand letter business model is insufficient to protect companies from unscrupulous patent holders, say Michael Martinez de Andino and Matthew Nigriny of Hunton & Williams LLP.

  • Pa. High Court Tort Ruling Is Relief To Local Gov't

    Casey A. Coyle

    Zauflik v. Pennsbury School District represents a significant victory for local governments — had the Pennsylvania Supreme Court reached a contrary result it could have served as a catalyst for renewed challenges to the constitutionality of governmental immunity statutes nationwide, says Casey Coyle of Eckert Seamans Cherin & Mellott LLC.

  • What If States Opt Out Of EPA's Existing Source Rule?

    Scott C. Oostdyk

    The initial legal question surrounding the Obama administration's Clean Power Plan is whether long-standing principles of federalism allow the U.S. Environmental Protection Agency to compel states to enforce a federal program like it — legal precedent establishes that the EPA cannot, say Scott Oostdyk and Duncan Getchell Jr. of McGuireWoods LLP.

  • Obama's Immigration Action Is Cause For Celebration

    Robert S. Whitehill

    Though implementation of President Obama's announced changes to U.S. immigration policy on Nov. 20 will take some time and may be slowed by legal action or accelerated by Congress enacting immigration reform, the president's executive action will give hope and relief to millions, which is cause for celebration, says Robert Whitehill of Fox Rothschild LLP.

  • 2 Assumptions Shape 3rd Circ. Reverse Payment Case

    Leslie John

    When it heard oral argument in Louisiana Wholesale Drug Co. Inc. v. SmithKline Beecham Corp. Wednesday, the Third Circuit became the first appellate court to enter the debate regarding the impact of the U.S. Supreme Court’s decision in Actavis. This case will have a significant effect on determining which patent dispute settlements should be subject to rule of reason review under Actavis, say attorneys with Ballard Spahr LLP.

  • Insurance Rules Of The Road For Ride-Sharing Companies

    Kara L. DiBiasio

    As more states set regulations for ride-sharing companies, such as Lyft Inc. and Uber Inc., insurance companies should be prepared to offer policies that conform to the various requirements and specify which policies cover company drivers at different stages, says Kara DiBiasio of Sedgwick LLP.

  • Updating Our Understanding Of The FMLA: Part 1

    Linda Dwoskin

    The lesson from the Third Circuit's ruling in Lupyan v. Corinthian Colleges Inc. is that employers must ensure delivery of all legally required notices under the Family Medical Leave Act and retain proof of that delivery, say Linda Dwoskin and Melissa Squire of Dechert LLP.

  • Why Can’t We Be (Facebook) Friends? You Be The Judge

    Peter J. Gallagher

    Some jurisdictions prohibit judges from being social media “friends” with any lawyer who appears regularly before them, while others do not prohibit the practice unless the “friendship” also implicates one of the canons of the Code of Judicial Conduct. The latter seems to be the better approach, says Peter Gallagher of Porzio Bromberg & Newman PC.

  • Cyberattack Reimbursement Doesn't Require Insurer Consent

    Matthew L. Jacobs

    A Pennsylvania district court's recent ruling in First Commonwealth Bank v. St. Paul Mercury Insurance Co., which involved a cyberattack on an oil company, is significant because it demonstrates that insurance coverage is available when the insured is complying with the law governing its response obligations to hacking, regardless of whether the insured received the insurer’s written consent, say Matthew Jacobs and Daniel Johnson o... (continued)

  • Setback For Pa. Insurers In Product Liability Cases

    Sergio F. Oehninger

    The Pennsylvania Supreme Court's decision in Indalex v. National Union Fire Insurance Co. of Pittsburgh Pa. is a substantial hurdle for insurers looking to evade their duty to defend claims arising from negligently designed or faulty products and limits the reach of Kvaerner Metals Division of Kvaerner U.S. Inc. v. Commercial Union Ins. Co., say Sergio Oehninger and Michael Levine of Hunton & Williams LLP.