Pennsylvania RSS

  • April 17, 2014

    Sprint 4G Users Can't Quit MDL Then Fire Up Calif. Claims

    The Third Circuit refused to allow plaintiffs who exited a multidistrict litigation, which accuses Sprint Nextel Corp. of overcharging its customers for a data plan, to file state claims in California, ruling Wednesday that the plaintiffs had indicated they would be arbitrating the dispute.

  • April 17, 2014

    Motorola Settles Fitness Watch Deceptive Ad Class Action

    A Pennsylvania federal judge granted preliminary approval to a class action settlement in a lawsuit accusing Motorola Mobility Inc. of falsely marketing a watch designed to track personal fitness as being sweat-proof and rain-resistant and refusing to honor warranties for the product when it malfunctioned.

  • April 17, 2014

    McKean Judge To Take Over Pa. Justice's Defamation Case

    McKean County Court of Common Pleas Judge John M. Cleland was appointed Wednesday to preside over a libel suit brought by state Supreme Court Justice Seamus McCaffery and his wife, five days after the co-owners of Philadelphia's two major newspapers won a bid to recuse the entire Philadelphia bench.

  • April 17, 2014

    Paterno Estate Blasts NCAA's $60M Penn State Penalty

    The estate of former Penn State football coach Joe Paterno defended its suit in state court Wednesday against the NCAA over a $60 million penalty and sanctions imposed in the wake of the Jerry Sandusky scandal, arguing that the association violated its own rules and flouted the law.

  • April 17, 2014

    Pittsburgh Soccer Stadium Stakeholder Seeks Ch. 11 Trustee

    An original stakeholder in the now-bankrupt owner of the Pittsburgh Riverhounds soccer stadium on Wednesday asked a bankruptcy judge to appoint a trustee to oversee the case, arguing that the current principal and majority owner has numerous conflicts of interest and unsecured claims.

  • April 17, 2014

    Debevoise Aids Chemtura's $1B Sale Of Agrochem Business

    Chemtura Corp. on Thursday agreed to sell its agrochemical business to specialty chemical maker Platform Specialty Products Corp. for $1 billion in a mostly cash deal.

  • April 17, 2014

    Judge Rules Tyco SOX Whistleblower Suit May Move Forward

    A Pennsylvania federal judge on Tuesday denied a bid by Tyco Electronics Corp. to escape a whistleblower suit by a longtime former accountant, saying his allegations that he was fired for reporting improper expenditures were legitimate enough to move forward.

  • April 16, 2014

    Guild Lining Up Backers For Possible Inquirer Bid, Court Hears

    The Newspaper Guild of Greater Philadelphia told a Delaware Chancery judge Wednesday that it wanted to be involved in the upcoming auction of the Philadelphia Inquirer's parent company and had lined up a number of investors interested in backing a possible bid by the union.

  • April 16, 2014

    TD Bank, Class Get Approval Of $6M Deal Over FLSA Suit

    A Pennsylvania federal judge on Monday gave his first green light to a $6 million deal to settle a class action against TD Bank NA alleging that the bank stiffed its employees payments for duties they had performed prior to the start of their shifts in violation of the Fair Labor Standards Act.

  • April 16, 2014

    Pa. DCNR Outlines Fracking Impact On Public Lands

    The Pennsylvania Department of Conservation and Natural Resources revealed Wednesday that 1,486 acres of state forest have been converted to roads, pipelines and well pads for Marcellus Shale natural gas development as of 2012.

  • April 16, 2014

    Astellas To Pay $7M To End Mycamine FCA Suit

    Astellas Pharma US Inc. has agreed to pay $7.3 million to settle a whistleblower False Claims Act suit from a former sales representative alleging that it marketed antifungal treatment Mycamine off-label for pediatric use and that as a result, Medicaid paid for unlawful prescriptions of the drug, the U.S. Department of Justice announced Wednesday.

  • April 16, 2014

    Sealing The Deal: Ballard Spahr Steers Philly Gas Works Deal

    When they led the Philadelphia mayor’s office through the biggest deal in the city’s history, the nearly $2 billion planned sale of Philadelphia Gas Works to UIL Holdings Corp., attorneys from Ballard Spahr LLP didn't just have to worry about securing a favorable price for the country’s largest municipally owned utility.

  • April 16, 2014

    Univ. Of Pittsburgh Hospital Can Copy Ex-Mayor's Hard Drive

    A Pennsylvania federal judge on Tuesday said the University of Pittsburgh Medical Center could copy the data from the computer of former Mayor Luke Ravenstahl, who is accused of deleting files connected to a lawsuit filed by UPMC over the city’s challenge to its tax-exempt status.

  • April 16, 2014

    Pa. High Court Boots Cigna Appeal Of $140M Coverage Denial

    The Pennsylvania Supreme Court declined Tuesday to hear Cigna Corp.'s appeal of a decision absolving its excess insurer of any obligation to indemnify it for $140 million in settlements of doctors' class action claims for violations of the Racketeer Influenced and Corrupt Organizations Act and breach of contract.

  • April 15, 2014

    Philly Inquirer's Minority Owner Matches $77M Minimum Bid

    A minority owner of The Philadelphia Inquirer's parent company vowed Tuesday to bid a minimum of $77 million for its publications if a Delaware Chancery judge ordered the parent dissolved via a public auction, the same baseline figure majority owners promised to pay at a proposed private auction.

  • April 15, 2014

    The Great Persuader: 7th Circ. Chief Judge Diane Wood

    Seventh Circuit Chief Judge Diane Wood talks to Law360 about managing a court in crisis, surviving two U.S. Supreme Court near-misses, and tailoring crafty dissenting opinions that can change the mind of even the staunchest of ideological opponents.

  • April 15, 2014

    Rohm & Haas Must Face Title VII Retaliation Claim In Pa.

    Rohm & Haas must face Title VII allegations that it retaliated against a former employee who started a competing research company, but it is not liable for claims that it breached a settlement agreement reached when she first left the company, a Pennsylvania federal judge ruled Monday.

  • April 15, 2014

    Pa. Lawmakers Pitch Small Business Tax Overhaul Bills

    A group of Pennsylvania lawmakers on Tuesday announced plans to introduce a package of tax reform bills when the legislature returns later this month that would lower taxes and simplify the tax code for small businesses throughout the state.

  • April 15, 2014

    Pa. Law On Forced Pooling Of Oil Leases Is Constitutional

    A Pennsylvania judge has upheld the constitutionality of a controversial new law that allows energy companies to forcibly pool oil and gas leases, ruling that EQT Corp. could engage in horizontal drilling on a set of 16 leases in Allegheny County.

  • April 15, 2014

    Pa. Oversight Body Weighs In On Proposed Drilling Regs

    The Pennsylvania Independent Regulatory Review Commission on Monday raised concerns with the costs of proposed rules governing surface operations at oil and gas drilling sites in the state as part of its comments to the state’s Environmental Quality Board.

Expert Analysis

  • Roadblocks To D&O Coverage For Subpoena Response Costs

    Benjamin D. Tievsky

    While it must be emphasized that a policyholder’s entitlement to coverage is dependent upon the precise language of the policy at issue and the specific facts of each case, the recognition by many courts that a subpoena is a “claim” under D&O policies opens the door for potential recovery in a variety of circumstances, says Benjamin Tievsky of Orrick Herrington & Sutcliffe LLP.

  • ALI Principles Of Insurance Should Concern Industry

    Randy J. Maniloff

    Far from being some secret Skull and Bones-like project, the American Law Institute's Principles of Liability Insurance are presently the most talked-about subject among liability insurance professionals. As for their possible significance for liability coverage issues, there wouldn’t be all this talk if there were nothing to see, says Randy Maniloff of White and Williams LLP.

  • Stop And Read Your Slowdown Insurance Policy

    Allen R. Wolff

    Insurance should cover income loss not only when operations are completely shuttered, but also when your business is partially suspended — a distinction important to hotel owners and operators, with services more likely to operate on a reduced level after a loss. Today, some policies affirmatively state the extent of business slowdown coverage to avoid court decisions that narrowly interpret coverage extended under older policy forms, say Allen Wolff and Vianny Pichardo of Anderson Kill PC.

  • Beware 'Jewel' Risks In Lateral Partner Hiring

    Pamela Phillips

    Jewel litigation has been filed after every major law firm bankruptcy in the past 10 years, including Lyon & Lyon, Brobeck, Coudert, Thelen, Heller and Howrey. These lawsuits have produced years of litigation, with similar suits expected in the Dewey bankruptcy. Despite the legal uncertainties surrounding such claims, hiring firms can take steps now to minimize their Jewel risk for any lateral hire, say attorneys with Arnold & Porter LLP.

  • Some Sanity Amid Skyrocketing TCPA Litigation

    John G. Papianou

    Federal courts have recently brought some sanity to Telephone Consumer Protection Act litigation and, specifically, what constitutes an automatic telephone dialing system. Until the Federal Communications Commission weighs in, defendants facing TCPA class actions may cite the Gragg, Hunt and Dominguez decisions for support or seek a stay of proceedings, says John Papianou of Montgomery McCracken Walker & Rhoads LLP.

  • Trending: State High Court Accord On 'Faulty Workmanship'

    Carl Salisbury

    In Arlo Guthrie's classic Thanksgiving ballad, he says that if 50 people a day were to walk into a military psychiatrist's office, sing a bar of "Alice's Restaurant" and then walk out, "then friends, they may think it's a movement. And that's what it is." Strange as it may seem, something akin to the Alice's Restaurant movement is happening in state supreme courts across the country — most recently with the Alabama Supreme Court decision in Owner's Insurance Co. v. Jim Carr Homebuilders LLC, says Carl Salisbury of Kilpatrick Townsend & Stockton LLP.

  • Pa. Lien Law May Hold Energy Projects To Be 'Improvements'

    Lisa P. Means

    Does the construction of a gas well or pipeline fall within the definition of "improvement" under Pennsylvania's current lien law? While the issue has not been decided by state courts, prior decisional law, legislative history and out-of-state case law all suggest such projects can be susceptible to mechanics lien filings. Indeed, no state has explicitly rejected the applicability of mechanics liens to a well or pipeline altogether, says Lisa Means of Reed Smith LLP.

  • Who Is Liable For Asbestos In Replacement Parts?

    Katherine Lawler

    The Maryland Court of Special Appeals is set to revisit the issue of whether to impose liability on a manufacturer for an injury caused by asbestos exposure from another manufacturer’s product in May v. Air & Liquid Systems Corp. If it follows the current direction from around the country, the court, in conjunction with decisions from California and Washington in recent years, may continue a national trend toward limiting replacement part liability, says Katherine Lawler of Miles & Stockbridge PC.

  • A Primer On Pa. Takeover Case Law: Part 2

    Eric S. Siegel

    Courts have been inconsistent in their interpretations regarding beneficial ownership under Pennsylvania’s anti-takeover laws and many of the decisions in this area have been controversial. For different statutes, and sometimes for different parts of the same statute, courts have applied different principles and different levels of textualism, say attorneys with Dechert LLP.

  • A New Paradigm For Challenges For Cause In Pa.

    Alan Klein

    As challenges for cause need to be raised before a prospective juror is seated, attorneys should now be aware that more categories of relationships may permit such removals in Pennsylvania as a result of the Pennsylvania Superior Court decision in Cordes v. Associates of Internal Medicine, say Alan Klein and Solomon David of Duane Morris LLP.