Pennsylvania

  • January 29, 2015

    Pa. Treasurer Resigns Amid Possible Fed. Campaign Probe

    Pennsylvania state Treasurer Rob McCord announced Thursday he would resign from his post and return to the private sector, while a report published the same day suggested that federal authorities may be investigating his campaign-related actions.

  • January 29, 2015

    FTC’s Provigil Pay-For-Delay Suit Passes Actavis Test: Judge

    A Pennsylvania federal judge on Wednesday ruled that the Federal Trade Commission’s pay-for-delay suit 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.

  • January 29, 2015

    Tylenol Liver-Damage MDL Bellwether Gets June Trial Date

    A Pennsylvania federal judge on Thursday set a late June trial date for the first bellwether case in multidistrict litigation alleging the acetaminophen in various Tylenol products from a Johnson & Johnson Inc. unit was responsible for users’ severe liver damage.

  • January 29, 2015

    J&J Tried To Obscure Risperdal Risks, Ex-FDA Chief Says

    Ex-U.S. Food and Drug Administration Commissioner David Kessler testified Thursday that a Johnson & Johnson subsidiary had worked to obscure a significant association between the blockbuster antipsychotic drug Risperdal with incidences of abnormal breast growth in young boys.

  • January 29, 2015

    NJ Beach Town Plans Thwarted By Conspiracy, Promoter Says

    An event promoter has filed a racketeering lawsuit in Pennsylvania federal court accusing officials in Wildwood, New Jersey, of stealing its ideas for a beach festival, a conspiracy the company says culminated with a meeting under a dimly lit boardwalk where its owner was threatened with a gun.

  • January 29, 2015

    Uber Gets 2-Year Pa. License After Compliance Plan OK'd

    Uber Technologies Inc. affiliate Rasier-PA LLC on Thursday secured a two-year license to provide ride-hailing services across the state, with the exception of within Philadelphia, after the state’s Public Utilities Commission unanimously approved its compliance plan.

  • January 29, 2015

    Wendy's Settles ADA Wheelchair Access Claims

    A Pennsylvania man on Wednesday settled a proposed Americans with Disabilities Act class action suit with a Wendy's International Inc. subsidiary that alleged architectural barriers at Pittsburgh-area Wendy’s restaurants illegally limit access for wheelchair users.

  • January 29, 2015

    Pa. Gov. Revives Gas Leasing Ban In State Parks

    Pennsylvania Gov. Tom Wolf on Thursday reinstated a moratorium on oil and gas drilling in state parks and forests, nixing an order enacted by his predecessor that overturned the ban on further oil and gas development and fulfilling a campaign promise.

  • January 29, 2015

    Hershey Dips Into Meat Snacks Industry With Jerky Maker Buy

    The Hershey Co. has agreed to acquire private equity-backed jerky maker KRAVE Pure Foods Inc., the companies said Thursday, in a move that marks the chocolate giant’s first foray into an estimated $2.5 billion U.S. meat snacks industry.

  • January 28, 2015

    Union Pacific Wins Toss Of Insurers' Suit Over Okla. Crash

    A Pennsylvania federal judge on Wednesday tossed a suit against Union Pacific Railroad Co. by two insurers that claim they shouldn’t have to pay a wrongful death settlement following a 2006 crash, giving priority to the railroad company’s rival lawsuit targeting the insurers in Nebraska.

  • January 28, 2015

    3rd Circ. Shuts Down IDT Suit Over $42.5M Winstar Deal

    The Third Circuit on Wednesday rebuffed IDT Corp. and Winstar Holdings LLC’s bid to revive their lawsuit alleging The Blackstone Group LP and other financial firms misrepresented the value of bankrupt Winstar Communications Inc. before its $42.5 million sale, ruling the suit was time-barred.

  • January 28, 2015

    Ex-FDA Chief Says J&J Knew Adolescent Risperdal Risks

    Ex-Food and Drug Administration commissioner David Kessler told a Philadelphia jury on Wednesday that a Johnson & Johnson unit had information linking the blockbuster antipsychotic drug Risperdal to incidences of breast growth in adolescent boys long before the medication’s label was updated to indicate the risk.

  • January 28, 2015

    Giants Accused Of Playing Forum Games In Memorabilia Suit

    A memorabilia dealer accusing the New York Giants of scapegoating him to hide the distribution of bogus collectibles told the Third Circuit on Monday he should be awarded attorneys' fees because the team had removed the case to federal court in order to delay the suit and stop him from obtaining discovery.

  • January 28, 2015

    Bar Deems 5 Pa. High Court Hopefuls 'Highly Recommended'

    Five candidates from over a dozen of those expressing intention to fill three vacancies on Pennsylvania’s Supreme Court were deemed “highly recommended” by the state’s bar association on Monday, including four current Superior Court judges and one interim appointment on the high court.

  • January 28, 2015

    Hagens Berman Didn't Verify Thalidomide Claim, Court Told

    GlaxoSmithKline LLC and other defendants asked a Pennsylvania federal judge Monday to dismiss a man’s suit claiming that thalidomide caused his birth defects and asked for sanctions against his counsel, saying that Hagens Berman Sobol Shapiro LLP never checked whether his mother had taken the morning-sickness drug.

  • January 28, 2015

    Pa. Senate Approves Gas Leaseholder Protection Bills

    Two bills aimed at increasing protections for landowners locked in lease deals with oil and gas drillers cleared the Pennsylvania state Senate in unanimous votes on Wednesday.

  • January 28, 2015

    Pa. Justices To Decide If Gas Rights Were Forfeited In 1935

    The Pennsylvania Supreme Court said Tuesday that it would hear an appeal of a decision finding that a previous owner's reservation of gas rights below a midstate hunting club's property ended once county officials claimed the land over unpaid taxes in 1935.

  • January 27, 2015

    Effexor Plaintiffs Want To Drop 40% Of Suits From MDL

    The plaintiffs in multidistrict litigation over Wyeth Pharmaceuticals Inc.'s depression and anxiety drug Effexor have sought to drop some 26 suits targeting the Pfizer unit over the drug's alleged birth defect risks, and a Pennsylvania federal judge has granted dismissals in at least eight of them.

  • January 27, 2015

    J&J, Bristol-Myers Get AWP Claims Nixed In Pa. Court

    The Pennsylvania judge overseeing average wholesale price litigation that Pennsylvania brought against several drug companies nixed claims against Johnson & Johnson and Bristol-Myers Squibb on Tuesday, citing the state Supreme Court's June ruling rejecting the way the state had calculated pricing damages for prescription drugs.

  • January 27, 2015

    EEOC Says MacLean Bolsters Bid To Revive Allstate Suit

    The U.S. Equal Employment Opportunity Commission has told the Third Circuit that the U.S. Supreme Court's MacLean ruling bolsters its bid to revive a lawsuit targeting Allstate Insurance Co. over a release imposed on employees whom it was shifting to independent contractor status.

Expert Analysis

  • Weathering Winter Storm Juno With Roof Collapse Coverage

    Seth V. Jackson

    With more precipitation in the forecast after winter storm Juno hit the Northeast, the threat of snow load roof collapse claims has suddenly become very real and insureds should consider whether a collapse has occurred under their policy and if time element coverages apply, says Seth Jackson of Zelle Hofmann Voelbel & Mason LLP.

  • Key Questions When Selecting E-Discovery Vendors

    David Houlihan

    While e-discovery remains a critical pain point in litigation, the "solutions" supporting its processes continue to evolve. In order to help organizations navigate the sea of options, we conducted research with 21 organizations across e-discovery market segments to understand the factors involved in successful e-discovery investments, says David Houlihan of Blue Hill Research Inc.

  • And Now A Word From The Panel: 2014 JPML Practice Trends

    Alan E. Rothman

    At its December session, the Judicial Panel on Multidistrict Litigation considered the second attempt by a distributor of dietary supplements to create an MDL proceeding, raising the prospect of the first Hawaii MDL proceeding in nearly 20 years. But as we gear up for the panel hearing on Thursday, let's also consider how JPML trends of 2014 compare with prior years, says Alan Rothman of Kaye Scholer LLP.

  • How To Develop Alongside Endangered Species In Pa.

    Jason M. Gilmore

    Permit seekers in Pennsylvania must to be aware of the need to accommodate protected species as early in the development process as possible. Preliminary steps, such as securing necessary incidental take permits and developing mitigation plans, should be taken before the final design of a project is developed, say Eugene Dice of Buchanan Ingersoll & Rooney PC and Jason Gilmore of Langan Engineering & Environmental Services Inc.

  • Pa. Superior Court Should Change Its Publishing Policy

    Robert N. Feltoon

    Although the Pennsylvania Superior Court’s caseload is staggering, and the majority of its decisions properly may be written for the parties alone, the court should reconsider the standards under which it decides whether to publish its decisions and publish more of them, particularly where the litigants persuasively demonstrate that the decision is likely to impact other cases, say Robert Feltoon and Jeannette Brian of Conrad O’Brien PC.

  • A Data Security Checklist For Companies Hiring Law Firms

    Jenn Topper

    We trust our law firms with huge amounts of data, whether in or out of discovery, investigations or litigation. All too often, we have relied on privilege, confidentiality and attorney ethics as a proxy for data protection and information security. But in fact, law firms ought to be held to a much more stringent standard — and in-house counsel would be wise to begin with a number of specific inquiries, says legal industry consultan... (continued)

  • Can Consumers Waive Right To Revoke Consent Under TCPA?

    Amy Pierce

    Most authorities and courts agree that, under the Telephone Consumer Protection Act, consumers have the right to revoke previously given consent to be called using an autodialer or prerecorded message. More recently, however, courts have been asked to decide whether a consumer is permitted to revoke this consent where it was previously given as part of an independent contractual arrangement, say attorneys with Pillsbury Winthrop Shaw Pittman LLP.

  • 6 Ways Technology Hobbles Attorney Efforts To Recruit Clients

    Howard Breuer

    While empowering attorneys to blog, host sophisticated websites and share news via social media, technology has also brought new challenges. There are six key areas where technology — or the discord between technology and state rules on attorney advertising — has created client-recruitment problems that lawyers didn’t have a decade ago, says Howard Breuer of legal industry consulting firm ONE400.

  • Fracking Bans May Trigger Civil Authority Coverage After All

    Walter J. Andrews

    A recent Law360 guest article suggests a number of reasons why civil authority coverage will not be implicated by local fracking bans. The article does not, however, fully address three important issues that will impact the question of whether civil authority coverage is, in fact, triggered, say attorneys with Hunton & Williams LLP.

  • REBUTTAL: Pa. Coverage Law Hasn't Traveled Back To '80s

    Suzan F. Charlton

    A recent Law360 guest article on the Pennsylvania Supreme Court’s decision in Pennsylvania National Mutual Casualty Insurance Co. v. St. John suggests that the state's law has suddenly traveled backward in time, to a decade when the “manifestation” trigger was still considered a viable insurance coverage theory. But that “Back to the Future” reading of St. John may be a fantasy, says Suzan Charlton of Covington & Burling LLP.