• October 21, 2014

    Freeh Asks 3rd Circ. To Ensure Right To Move Penn State Suit

    Attorney Louis Freeh, whose firm independently investigated Penn State University's child abuse scandal, urged the Third Circuit on Monday to declare his right to remove ex-Penn State chief Graham Spanier's forthcoming libel suit to federal court, arguing a looming deadline could constrain his litigation options.

  • October 21, 2014

    Pfizer Fights 'Do-Over' Of Plaintiff Experts In Zoloft MDL

    Pfizer Inc. on Tuesday fought what it called the plaintiffs' bid for a "do-over" on a Pennsylvania federal court's Daubert rulings in multidistrict litigation over its antidepressant Zoloft's alleged risk of birth defects, arguing that the plaintiffs should not be allowed to name a new expert after the deadline has passed.

  • October 21, 2014

    Alcoa Execs Promise Compliance Reform To Settle Bribe Row

    Alcoa Inc. shareholders on Monday asked a Pennsylvania federal judge to approve a settlement between shareholders and the board over allegations that the company paid hundreds of millions of dollars in illegal bribes to government officials in Bahrain.

  • October 21, 2014

    Highmark Loses Bid To Ax Pa.'s Challenge To Medicare Plan

    A federal judge ruled Tuesday that he could not intervene to stop Pennsylvania officials from pursuing litigation in state court aimed at blocking Highmark Inc. from offering a Medicare Advantage plan that allegedly violates an agreement defining the insurer’s relationship with University of Pittsburgh Medical Center.

  • October 21, 2014

    Pa. Porn Scandal Ups Pressure For Judicial Merit Selection

    The pornographic email scandal that has caused the suspension of one Pennsylvania Supreme Court justice, implicated another and illuminated a bitter feud between the chief and the suspended jurist has already renewed calls for a switch to judicial appointments, but experts say the timing months ahead of the next legislative session doesn’t help advocates of change.

  • October 21, 2014

    Depositions In Philly Building Collapse Civil Case Challenged

    A group of defendants facing civil claims over a fatal building collapse in Center City Philadelphia urged a state judge on Monday to protect their right against self-incrimination and issue a stay while they appeal an order forcing them give depositions as part of the litigation.

  • October 21, 2014

    Avandia User's Warranty Violation Suit Flops In 3rd Circ.

    The Third Circuit on Tuesday refused to revive a putative class action accusing GlaxoSmithKline PLC of violating the warranty on its diabetes drug Avandia, ruling a label declaring the drug “safe and effective” was not enough to create a warranty under New Jersey law.

  • October 21, 2014

    Staples Probes Potential Credit Card Data Breach

    Staples Inc. said late Monday that it is investigating “a potential issue involving credit card data,” amid reports that the retailer has become the latest company to have its customers' data hacked.

  • October 20, 2014

    Pa. High Court Suspends McCaffery For Role In Porn Scandal

    The Pennsylvania Supreme Court on Monday suspended Justice Seamus McCaffery, who serves on the same court, after he apologized last week for sending or receiving more than 200 emails containing hundreds of pornographic pictures and videos in the state's growing pornographic email scandal.

  • October 20, 2014

    Firsthand Knowledge Needed To Clear FCA Bar, 3rd Circ. Rules

    The Third Circuit on Monday upheld the dismissal of a former Medco Health Solutions Inc. executive's False Claims Act kickback suit against Bristol-Myers Squibb Co. and AstraZeneca Pharmaceuticals LP, saying that firsthand knowledge of improper activity is necessary to overcome the FCA's public disclosure bar.

  • October 20, 2014

    Thermacore To Pay $965K To Resolve FCA Allegations

    Pennsylvania-based thermal technology manufacturer Thermacore Inc. has agreed to a $965,000 settlement to resolve False Claims Act allegations under a federal government small business innovation program, the U.S. attorney’s office for the Eastern District of Pennsylvania announced Monday.

  • October 20, 2014

    Pa. Appeals Court Upholds Damages In Drilling Trespass Case

    The Pennsylvania Superior Court on Monday ruled to uphold a $250,000 damages award in favor of a man who saw his subsurface gas rights drilled on without his permission, in a case that turned on the obligations rights holders have to protect their interests.

  • October 20, 2014

    Pa. $800M Tobacco Settlement Used Properly, Audit Finds

    As several major tobacco companies prepare to square off against Attorney General Kathleen Kane before an appeals court in a dispute over Pennsylvania’s share of a settlement over smoking-related health problems, an audit has determined that state officials are adequately administering nearly $800 million they’d already received.

  • October 20, 2014

    NCAA Says Pa. Court Overstepped In Penn State Fine Fight

    The National Collegiate Athletic Association Friday asked the Pennsylvania Supreme Court to put an end to its fight with state officials over $60 million in fines imposed on Penn State University stemming from the Jerry Sandusky sex abuse scandal, arguing a lower court has overstepped its bounds.

  • October 20, 2014

    Takeda Urges Pa. Judge To Strike $2M Actos Cancer Verdict

    Takeda Pharmaceutical Co. has urged a Pennsylvania state judge to enter judgment in its favor nearly two weeks after a jury awarded more than $2 million in damages to a plaintiff who claimed that the diabetes drug Actos had played a significant role in causing her bladder cancer.

  • October 17, 2014

    Pa. Financial Regulator Wants In On Wilmington Trust Suit

    Pennsylvania's financial regulator on Friday sought to intervene in a consolidated class action alleging Wilmington Trust Corp. misled investors about a precarious loan portfolio that fueled the bank's downfall and hasty merger with M&T Bank Corp., asserting that it needs to protect privileged, confidential communications with Wilmington Trust.

  • October 17, 2014

    Pa. Court To Decide Class Arbitrability In Gas Lease Row

    A Pennsylvania federal judge on Thursday gave a boost to Chesapeake Appalachia LLC in its dispute with Scout Petroleum LLC over gas lease royalties, saying that recent Third Court precedent determined that the court, rather than arbitrators, should decide whether class arbitration is permissible in the case.

  • October 17, 2014

    Lannett Seeks Sanctions After Price-Fixing Suit Dropped

    Lannett Company Inc. on Friday asked a Pennsylvania federal judge to slap a shareholder and his attorneys with sanctions for filing and then withdrawing a securities class action alleging that the generic-drug maker's executives hid a scheme to fix prices of the heart failure drug digoxin, contending that the "frivolous" suit was unsupported by facts.

  • October 17, 2014

    Cronin's Defamation Suit Against Bergmann & Good Tossed

    A federal judge in Pennsylvania on Thursday dismissed a defamation suit brought by Cronin Law Firm alleging that the partners at Bergmann & Good LLC tried to ruin Cronin's reputation after a co-counsel agreement went sour, though the judge stopped short of granting Bergmann & Good's motion for sanctions.

  • October 17, 2014

    Jones Day Reps PE-Backed H-D Advanced In Add-On Deal

    Private equity-backed H-D Advanced Manufacturing Co. said Friday it agreed to buy Crown Precision Machining, a maker of precision-machined parts for the commercial aerospace and defense industries, in a deal guided by Jones Day, marking its fifth add-on deal in less than two years.

Expert Analysis

  • DOJ Change On Waiver-Of-Appeal Policies Isn't Enough

    Alain Leibman

    The U.S. Department of Justice recently announced a modest change in its waiver-of-appeal policies. But, as shown in a recent Third Circuit case that severely penalized a defendant who appealed in the face of an unconditional waiver, the DOJ must revisit the entire question of demanding appeal waivers as a condition of a defendant being allowed to plead guilty, says Alain Leibman, a partner with Fox Rothschild LLP and former federal prosecutor.

  • The Truth About Patent Damage Awards

    Brian Howard

    Although many may associate patent litigation with a proliferation of stratospheric jury verdicts, these preconceptions are most often wrong. Few patent cases go to trial, and fewer result in any damages, let alone the kind that make headlines. Let's look at the numbers, says Brian Howard, co-author of the Lex Machina Patent Litigation Damages Report.

  • When Fraud, Spoliation Are Added To Asbestos Claims

    Jesse L. Morris

    The Third Circuit's recent ruling in Williams v. BASF Catalysts could prove an instructive example of how litigation may unfold when fraud and spoliation claims are brought against industrial manufacturers and their successors linked to asbestos-related illnesses and deaths, says Jesse Morris of Weil Gotshal & Manges LLP.

  • OPINION: Don't Mess With... Arizona?

    Michael Li

    Fifty years ago, Justice Felix Frankfurter cautioned courts about getting mired in the “political thicket” of redistricting. In agreeing to hear Arizona State Legislature v. Arizona Independent Redistricting Commission, the U.S. Supreme Court could be about to take a big step further into that thicket, says Michael Li, counsel at the Brennan Center for Justice, NYU School of Law.

  • Tug-Of-War: Attorney-Client Privilege Vs. Deposition

    There is an inherent tension between the process of preparing a corporate representative to testify and the protections usually afforded by attorney-client privilege. Judicial decisions addressing these tensions are limited and, as of yet, the Federal Circuit Courts of Appeals do not appear to have weighed in on these issues in any meaningful way, say Vanessa Miller and Nicholas Ellis of Foley & Lardner LLP.

  • Escaping Taxes In Bankruptcy Through S Corporations

    Chad C. Coombs

    Shareholders of financially troubled S corporations may now be able to avoid the flow-through of taxes when the S corporation or its subsidiary files bankruptcy, thanks to a Third Circuit ruling in the Chapter 11 case of Majestic Star Casino LLC. The losers are the corporation’s unsecured creditors, says Chad Coombs of Greenberg Glusker Fields Claman & Machtinger LLP.

  • OPINION: Uphold Reasonable Regs On Judicial Campaigns

    Matthew Menendez

    If the U.S. Supreme Court applies strict scrutiny in Williams-Yulee v. Florida Bar to strike down reasonable restrictions on judicial campaign activity, the increasing flood of judicial campaign spending may further damage the public’s eroding confidence in the judiciary, says Matthew Menendez, counsel in the Democracy Program at the Brennan Center for Justice, NYU School of Law.

  • 3rd Circ. Ruling May Shake Up Estate Scope Litigation

    Steven Wilamowsky

    The Third Circuit’s recent decision in Allen v. Advanced Telecommunication Network Inc. may have significant ramifications for future litigation over the scope of an “estate” as it potentially creates a disjunction between otherwise identical court recovery orders and judgments, say Steven Wilamowsky and Alix Brozman of Bingham McCutchen LLP.

  • A Possible End To Pa. Court Split Over Economic Loss

    Charlotte E. Thomas

    Because the alleged deception in Grimes v. Enterprise Leasing Inc. arises out of a written agreement, the case presents an opportunity for the Pennsylvania Supreme Court to provide guidance on the economic loss doctrine and to resolve a split between state and federal courts, says Charlotte Thomas of Duane Morris LLP.

  • And Now A Word From The Panel: ABCs Of JPML Practice

    Alan E. Rothman

    This week, as the Judicial Panel on Multidistrict Litigation embarks on a rare October hearing, we cannot resist mentioning an intriguing MDL petition that involves local rules governing attorney admission and several lawsuits naming members of the federal judiciary — including a JPML member who is also a D.C. district court judge, says Alan Rothman of Kaye Scholer LLP.