A Pennsylvania appeals court on Friday denied the request by one side of the Philadelphia Inquirer's fractured management team to expedite its argument that the trial court erred in throwing out its Pennsylvania suit seeking dissolution of the company because of a dueling Delaware petition, according to court records.
A Pennsylvania appeals court on Tuesday ruled two judicial opinions sought as evidence by ex-county commissioners suing The Scranton Times for libel may not be admitted in the case, saying the opinions were personal statements and not related to fact-finding before them at the time.
The Pennsylvania Superior Court upheld a trial court decision letting law firm McNees Wallace & Nurick LLC off the hook in a case accusing the firm of committing legal malpractice in connection with All-Staffing Inc. co-owner Alfonso Sebia's sale of stock during an acquisition of the company.
A federal magistrate judge in Pennsylvania on Thursday threw out a suit accusing five former Carnegie Strategic Design Engineers LLC workers of jumping ship with $10 million worth of confidential business information, endorsing a “narrow interpretation” of the Computer Fraud and Abuse Act.
A Pennsylvania federal judge on Monday granted a preliminary injunction to a Democratic super PAC seeking to open up the state’s campaign finance laws, with Pennsylvania saying it would not oppose the move.
The Pennsylvania Court of Judicial Discipline acted too harshly when it issued a decision in August removing a Philadelphia County judge from the bench after withholding information about his legal and financial struggles as part of a review of judicial candidates, the state’s Supreme Court heard Tuesday.
An attorney representing a Philadelphia neighborhood association told the Pennsylvania Supreme Court on Tuesday that a decision by the city's zoning board allowing development of a new shopping center at the site of a former candy factory violated rules governing the issuance of variances.
A Pennsylvania bill aimed at ensuring that landowners receive fixed minimum royalties from unconventional gas leases received a setback on Tuesday, when a House committee was unable to agree to move the bill to a vote.
A Pennsylvania appeals court improperly failed to defer to the Philadelphia zoning board's expertise when it shot down approvals for a plan to convert a shuttered Catholic school into a senior housing project, an attorney for the Archdiocese of Philadelphia told the state’s Supreme Court on Tuesday.
The Pennsylvania Superior Court on Monday ruled that a suit brought by the family of an 11-year-old girl who fell from a Ferris wheel and died at a New Jersey amusement park belongs in that state, overturning a trial court ruling.
A Pennsylvania federal court on Monday dismissed part of Pittsburgh oil and gas law firm Gatto & Reitz LLC's lawsuit seeking to pull RIDEC Inc. into a case in which an energy company accuses the law firm of pocketing a $2.7 million escrow fund, warning the parties have “entangled themselves in a very murky setting.”
A Pennsylvania federal judge refused Monday to dismiss GlaxoSmithKline LLC's lawsuit accusing Teva Pharmaceuticals USA Inc. of falsely advertising a generic antidepressant as equivalent to GSK's brand-name version, saying it was not preempted by a past U.S. Food and Drug Administration finding.
A Cumberland County court in Pennsylvania on Thursday ordered attorney Karl Rominger, best known for being a member of Jerry Sandusky's defense team, to give up a former husband's share of the settlement he was hired to divide in a separate divorce case.
GenOn Power Midwest LP has urged the U.S. Supreme Court to reverse the Third Circuit's decision that the Clean Air Act doesn't preempt certain state law claims brought by property owners, saying the ruling conflicts with the statute's goal of ensuring a level of uniformity and certainty in the application of air emissions standards nationwide.
A Pennsylvania town urged the state’s Supreme Court on Friday to overturn a preliminary injunction preventing it from communicating with residents about a gas industry service provider’s plans to conduct seismic testing on public roadways, saying the trial court that issued the injunction lacked jurisdiction.
The Pennsylvania Supreme Court’s recent decision striking down broad portions of the controversial state law barring local zoning rules targeting gas drillers prevents state regulators from enacting proposed rules governing surface operations at and around drilling sites, an industry group argued in comments made public Friday.
Pennsylvania Manufacturers' Association Insurance Co. on Friday sued a policyholder that it represents in a series of asbestos suits, arguing in Pennsylvania state court that the company's failure to transfer the defense of the lawsuits from Nixon Peabody LLP to Marin Goodman LLP has put an end to the insurer’s responsibilities.
A Pennsylvania trial jury on Friday returned a $3 million verdict against a Johnson & Johnson unit in a case accusing the company of failing to warn a woman of the risk of birth defects when using its anti-epilepsy drug Tomapax during pregnancy.
A Pennsylvania federal judge on Friday doled out an 18-month prison sentence to a Bucks County, Pa., lawyer convicted of conspiracy and fraud charges over mortgage loans to distressed homeowners, in a case in which she cut the government's $14 million loss estimate to about $400,000.
A panel of arbitrators held Pennsylvania to arbitrary standards when they ruled in September that the state's portion of a $206 billion settlement deal with the nation's largest tobacco companies could be reduced due to lax tax collection efforts, attorneys for the state argued Friday.
The Third Circuit’s recent decision in a case involving possible Foreign Corrupt Practices Act violations may provide the government and litigants with a powerful new precedent to pursue attorney-client communications pursuant to the crime-fraud exception. Indeed, the court found that the exception applied where very few facts supported its application, says Katy Preston of Cadwalader Wickersham & Taft LLP.
Thanks to the Third Circuit’s recent holding in In re Emoral Inc., entities purchasing a distressed debtor’s assets through a Section 363 bankruptcy sale may have greater protections against the subsequent claims of those seeking to hold the purchaser liable for damages arising from the debtor’s presale conduct, says Travis Powers of Buchanan Ingersoll & Rooney PC.
A number of recent appellate cy pres decisions teach us that charitable organizations should be selected carefully, with attention to the relationship between the purpose and the allegations framing the plaintiff class’s chief complaints. Just because an institution supports a worthy cause does not make the institution a worthy recipient in every case, say Mark Rapazzini and Elizabeth King of Heffler Claims Group LLC.
A significant aspect of Philadelphia’s new pregnancy accommodation law is that it may extend privileges to employees affected by pregnancy that arguably are unavailable to other employees, including some disabled employees, because the definition of “reasonable accommodation” may be interpreted more broadly than it is under the Americans with Disabilities Act and similar state laws, say Michael Stevens and Karen Vladeck of Arent Fox LLP.
In a recent case of first impression, the Third Circuit affirmed a trial court’s dismissal of design defect claims against a residential homebuilder under New Jersey's Product Liability Act when the plaintiff-homeowner failed to comply with the state's Affidavit of Merit Statute. Calender v. NVR Inc. may apply beyond New Jersey as at least 11 states have some form of an affidavit of merit requirement for negligent licensed professionals, say David Haworth and Michele Ventura of Ballard Spahr LLP.
Since the issuance of a U.S. Securities and Exchange Commission no-action letter that allows mergers and acquisitions brokers to receive transaction-based compensation without registering as brokers, a number of questions have been raised — including applicability of the relief in the private equity and venture capital context. Meanwhile, state regulators are currently considering the ramifications of the letter, say attorneys with Crowell & Moring LLP.
While the Second Circuit’s decision in Drawbridge Special Opportunities Fund v. Barnet has added an additional obstacle to Chapter 15 recognition and may thwart the ability of a foreign representative to effectively pursue legitimate causes of action in the U.S., it remains to be seen whether courts in other jurisdictions will generally follow suit. The U.S. Bankruptcy Court for the District of Delaware has already issued a conflicting opinion, and at least one other court — the Third Circuit — is apparently not likely to follow Barnet, say attorneys with Allen & Overy LLP.
The Pennsylvania and Philadelphia Bar Associations have come to different conclusions regarding the efficacy of the amendments to the Federal Rules of Civil Procedure. For example, unlike the Philadelphia Bar Association, which opposed outright an amendment that would require discovery to be "proportional to the needs of the case," the Pennsylvania Bar Association endorsed the change. With these and so many other vastly different opinions, it will be interesting to see what changes are ultimately made to the proposed amendments, says Marc Goldich of Reed Smith LLP.
In a bankruptcy case involving Philadelphia’s Foremost Building, a Chapter 7 trustee sought court approval for a sale of the debtor’s property and resolution of related issues over the objections of the debtor. While a trustee’s arguments for a proposed sale may often go farther than necessary, in this case, it seems likely that the debtor’s pattern of behavior helped influence the court to find in favor of the trustee, says Vicki Harding of Pepper Hamilton LLP.
The increase in exonerations seems to be a wake-up call about the imprecision of our criminal justice system, yet some states are passing legislation that makes it less likely that wrongful convictions will be uncovered. The due process that allows for exoneration provides the scrutiny that is vital to avoiding many of the tragic errors that occur — it should not be diminished in a rush to finality, say Kevin Curnin and Lisa Borden of the Association of Pro Bono Counsel.