Pennsylvania

  • February 12, 2016

    Sports World Watches To See If NJ’s Betting Wager Pays Off

    The sports world will have its eyes on the Third Circuit this Wednesday as an en banc panel is set to hear arguments over New Jersey’s second attempt to open up sports betting in the state in a case that could provide some clarity in whether and how states can legalize sports betting without running afoul of federal law.

  • February 12, 2016

    Allstate Workers Ask Judge To Rethink His Release Ruling

    Allstate workers told a Pennsylvania federal judge Thursday that his conclusion they weren't forced to sign a liability release when the company turned them into independent contractors was wrong and contradicted a jury's finding.

  • February 12, 2016

    Dickstein Breakup Deal Raises Concerns About Firm Assets

    Leaders of Dickstein Shapiro LLP halted capital repayments to the crowd of partners who fled the struggling firm last year, sources told Law360 on Friday, a move that has prompted some to wonder if those partners will ever be paid back following the firm's announced breakup and asset sale to Blank Rome LLP.

  • February 12, 2016

    Tyco Whistleblower Says 3rd Circ. Overlooked Evidence

    A former Tyco Electronics Corp. accounts payable manager who failed to prove that he was fired because of protected whistleblowing activity rather than because of allegations that he sexually harassed several women at the company asked the Third Circuit on Friday to rehear his appeal on grounds that it overlooked evidence. 

  • February 12, 2016

    Fracking Judge Explodes At 'Sad, Shocking' Evidence Dump

    A Pennsylvania magistrate judge on Friday blasted plaintiffs who unleashed a flood of late and disorganized exhibits on the eve of trial in their long-running environmental contamination suit against Cabot Oil & Gas Corp., calling the move "a sad and shocking spectacle, a debacle and dilemma."

  • February 12, 2016

    Energy Co. Tells 3rd Circ. Activists Can't Join Fracking Fight

    Activist groups trying to join a Pennsylvania town in its defense of an ordinance that bars the disposal of fracking wastewater can't intervene in the dispute because their interests are already being represented, Pennsylvania General Energy Co. LLC told the Third Circuit on Wednesday.

  • February 12, 2016

    GSK Shakes Diabetes Drug Row At 3rd Circ.

    GlaxoSmithKline on Friday shook a Missouri woman’s proposed class action accusing the pharmaceutical company of concealing dangerous side effects of its diabetes drug Avandia when the Third Circuit found the woman hadn’t been harmed by taking the drug.

  • February 12, 2016

    Pa. AG Kane Gets 2 Weeks To Answer Eakin Email Subpoena

    After a report chiding her for failing to respond, a Pennsylvania judicial ethics court has given Attorney General Kathleen Kane two weeks to comply with a subpoena seeking copies of emails being sought in connection with charges facing Justice J. Michael Eakin over his exchange of bawdy messages with friends.

  • February 12, 2016

    3rd Circ. Won't Revive $80M Fragrance Secrets Row

    The Third Circuit refused on Friday to revive Givaudan Fragrances Corp.’s $80 million lawsuit against a former executive and rival Mane USA Inc., after the company’s allegations of stolen trade secrets for its perfumes were shot down at the trial court level.

  • February 12, 2016

    Post & Schell Advises MRP In $110M Philly RE Grab

    Post & Schell PC announced Friday it had represented the Washington D.C.-based MRP Realty in $110 million worth of transactions as the company snatched up a string of properties in Philadelphia’s Old City neighborhood, including the historic Bourse Building.

  • February 12, 2016

    Pa. Meat Packer Settles Unpaid Overtime Class Action

    A Pennsylvania federal judge on Thursday approved a $320,000 class action settlement in a suit that alleged a Camp Hill, Pennsylvania, meat packing facility denied overtime wages to processing employees.

  • February 12, 2016

    Pa. Judge Won't Ax Challenge To Sunoco Pipeline

    A Pennsylvania state judge has refused to dismiss a challenge to a Sunoco Inc. unit’s proposed use of eminent domain to complete its Mariner East pipeline projects after concluding that she had jurisdiction to hear the suit.

  • February 12, 2016

    NLRB Slams Allegheny Technologies Over Continuing Lockout

    The National Labor Relations Board hit Allegheny Technologies Inc. with a complaint Thursday contending that the specialty metal company's six-month lockout of 2,200 workers in Pennsylvania, New York, Oregon and other states is unlawful because it hasn't lived up to its bargaining agreement.

  • February 11, 2016

    Allstate Beats Horse Trainer's Coverage Suit At Trial

    A Pennsylvania jury on Thursday found Allstate didn't owe coverage to a horse racing trainer for his collapsed barn and that the trainer didn't make representations that amounted to insurance fraud when he sought payment under his homeowners policy.

  • February 11, 2016

    NJ Wants To Limit US Arguments In Sports Betting Rehearing

    Less than a week before oral arguments in a rehearing en banc of New Jersey’s attempt to legalize sports betting, the state is challenging the U.S. Department of Justice’s request to participate in the arguments as a friend of the court, arguing it has not promised to limit its arguments to those in its amicus brief.

  • February 11, 2016

    MoneyGram To Pay $13M To Settle Nationwide Fraud Claims

    Dallas-based MoneyGram Payment Systems Inc. has agreed to pay $13 million to settle claims from 49 states and Washington, D.C., that it transferred money to third parties that were defrauding customers, several attorneys general offices announced on Thursday.

  • February 11, 2016

    Philly Pelvic Mesh Verdicts Spell Trouble For J&J

    After two consecutive jury verdicts exceeding $12 million in the first pelvic mesh cases tried in Philadelphia, Johnson & Johnson may think seriously about settling roughly 150 cases remaining in the jurisdiction’s mass tort program and focusing on the much larger federal multidistrict litigation, experts say.

  • February 11, 2016

    QVC Website Crash Suit Against Resultly Gets Trimmed

    QVC hung on to a few claims Wednesday in its suit against Resultly, whose Web crawling software caused the TV shopping giant's website to crash for two days, but saw most contract breach and computer fraud allegations tossed for lack of proof.

  • February 11, 2016

    Revamp Of Pa. Horse Racing Oversight Heads To Governor

    A measure to overhaul Pennsylvania horse racing regulations, which proponents have said will protect an industry beset by funding issues from the threat of dissolution, headed to the governor’s desk Wednesday after unanimous approval on the state Senate floor.

  • February 11, 2016

    Dickstein Shapiro Deal Sends 100 Attys To Blank Rome

    Dickstein Shapiro LLP announced Thursday that it has struck a deal to move more than 100 of its Washington, D.C., and New York attorneys and staff to Blank Rome LLP, after months of lawyer departures and buzz of failed merger talks with other firms.

Expert Analysis

  • The Potentially Sweeping Effects Of EPA's Chesapeake Plan

    Richard E. Schwartz

    If the U.S. Supreme Court upholds the Third Circuit's ruling affirming the U.S. Environmental Protection Agency’s authority to include certain pollution limits, deadlines and other mandates on states as part of its Chesapeake Bay plan, the consequences could be quite dramatic, as the EPA would then have such authority in every state in the union, say attorneys at Crowell & Moring LLP.

  • Amended Rule 26’s Proportionality Standard: The First 60 Days

    Gregory Brown

    While the removal of the familiar “reasonably calculated to lead to the discovery of admissible evidence” standard suggests a departure from prior practice, the first opinions from the federal courts implementing amended Federal Rule of Civil Procedure 26(b)(1) suggest otherwise, says Gregory Brown of Kaufman Dolowich & Voluck LLP.

  • Employer Tips For Handling Office Romances

    Robert Dolinko

    While some office romances end unremarkably, others could form the basis for sexual harassment lawsuits with the potential to cost employers millions of dollars. With Valentine's Day approaching, there's no better time of year for employers to be proactive about mitigating the potential liability, disruption or embarrassment that can arise from sexual harassment claims, say attorneys at Nixon Peabody LLP.

  • How Does Skadden Stay No. 1?

    Elizabeth Duffy

    Analyzing the reasons why clients choose certain firms reveals a great deal about what is important and valued in the marketplace. Based on interviews with a random sample of over 600 heads of legal in the largest U.S. organizations, Elizabeth Duffy, vice president of Acritas US Inc., identifies the core brand drivers of Skadden Arps Slate Meagher & Flom LLP.

  • OPINION: The Road To Partnership Must Keep Evolving

    Daniel L. Butcher

    In a recent Law360 article it was suggested that promotion to partner was a competition between associates and that taking maternity, paternity or family medical leave could impact an associate's chances at promotion. But this sort of ethos — which may have contributed to law firms’ success in the past — is not the best way to secure the industry's future, says Daniel Butcher, managing partner of Strasburger & Price LLP.

  • Pa. Decision Highlights 'True Lender' Risks

    Marc P. Franson

    A recent district court decision in Pennsylvania v. Think Finance demonstrates that plaintiffs will continue to raise the “true lender” theory against Internet-based lenders and courts will not necessarily dismiss such claims solely because a bank is the named lender on loans, say Marc Franson and Peter Manbeck of Chapman and Cutler LLP.

  • Restrictive Covenants: The Law In Flux

    Nicholas J. Boyle

    The rules for testing the legality of restrictive covenants vary greatly among states, and recent decisions from several courts illustrate the point, both with respect to the framework for considering such covenants, and specifically regarding the reformation of overbroad covenants. As a result, employers should be wary of boilerplate contract language that has been successful in the past, say attorneys at Williams & Connolly LLP.

  • Pa. Methane Rules May Be Tougher Than Federal Standards

    Jennifer A. Smokelin

    Pennsylvania's new plan to reduce methane emissions follows similar proposed rulemaking by the U.S. Environmental Protection Agency. However, the rule's new general permit requirement is expected to exceed the scope of the federal rulemaking effort and could further increase the burden on industry due to additional preconstruction permitting and the associated time lag and costs, say attorneys at Reed Smith LLP.

  • Pa. Embraces Alternative Automobile Insurance Coverage

    Charlotte E. Thomas

    The Pennsylvania Supreme Court's decision in An v. Victoria Fire & Casualty Co signals that insureds who knowingly purchase an economical but limited insurance product should not expect reformation after coverage is denied and seems to suggest that Pennsylvania is open to automobile insurance coverage alternatives designed to reduce the cost of standard policies, says Charlotte Thomas at Duane Morris LLP.

  • Cicero On Legal Advocacy

    Eliot J. Walker

    Today’s lawyers might be surprised to find that the teachings of Cicero remain relevant to modern practice. In recognition of the ancient Roman orator's birthday this month, Skiermont Derby LLP attorney Eliot Walker offers three practice points for lawyers and politicians plucked from Cicero’s seminal dialogue on rhetoric.