Pennsylvania

  • August 27, 2015

    Paterno Estate Wants Pepper Hamilton Docs For Its NCAA Suit

    The estate of former Penn State football coach Joe Paterno, which is suing the NCAA over its discipline of the university in the wake of the Jerry Sandusky sex abuse scandal, asked a Pennsylvania state court judge Wednesday to remove a designation labeling 70,000 pages of documents produced by Pepper Hamilton LLP as confidential.

  • August 27, 2015

    H-1B Worker Asks Full 3rd Circ. To Review Law Firm Fraud Suit

    An H-1B worker who has accused a Pennsylvania law firm of fraudulent misrepresentation asked the full Third Circuit to review his case Wednesday, arguing a panel decision to toss his lawsuit will have a negative impact on victims of workplace discrimination.

  • August 26, 2015

    Sally Hansen Strips Some Evidence From Exploding Wax Suit

    A Pennsylvania federal judge ruled on Tuesday that a woman claiming do-it-yourself body wax exploded on her can't pluck similar anecdotes off the Internet or from other suits to use against cosmetics maker Sally Hansen at trial.

  • August 26, 2015

    Jury Clears Sprinkler Co. In $11.5M Flood Coverage Suit

    A jury has let a fire sprinkler company off the hook in a suit by Insurance Co. of Greater New York in Pennsylvania federal court over $11.5 million in flood damages caused when a standpipe burst at a Holiday Inn.

  • August 26, 2015

    Pa. Judge Strikes Criminal Conviction Of Cobalt Driver

    A Pennsylvania state judge on Wednesday overturned an involuntary manslaughter and reckless driver conviction against a woman involved in a car accident that killed her passenger, finding that it resulted from an ignition switch malfunction in her Chevrolet Cobalt, her attorney announced Wednesday.

  • August 26, 2015

    NFL Concussion Deal Talks Didn't Speak For All, 3rd Circ. Told

    The settlement of multidistrict litigation over NFL players’ head injuries should be overturned because the plaintiffs’ attorneys who negotiated the deal did not fairly represent the whole class, consumer advocacy group Public Citizen Inc. told the Third Circuit on Wednesday.

  • August 26, 2015

    Unsealed Grand Jury Filings Detail Pa. AG's Porn Claims

    Nearly a thousand pages of records unsealed Wednesday from a grand jury probe that produced criminal charges against Pennsylvania’s attorney general are helping expand on claims that a pair of former state prosecutors concocted the investigation to hide their connection to pornographic material shared over government email accounts.

  • August 26, 2015

    3rd Circ. Says ERISA Benefit Denials Must Specify Deadlines

    When a plan administrator denies a health care provider's request for benefits, it must, under the Employee Retirement Income Security Act, disclose the deadline for filing a civil suit, the Third Circuit said Wednesday in a precedential decision.

  • August 26, 2015

    Reckitt Must Face Majority Of Mucinex Monopoly Claims

    A Pennsylvania federal judge kept intact Tuesday the majority of URL Pharma Inc.'s antitrust and contract breach suit against Reckitt Benckiser Inc. over a right to sell generic Mucinex, saying the plaintiffs sufficiently alleged Reckitt acted anticompetitively within the relative market.

  • August 26, 2015

    TV Station Must Finalize $6.4M Sale After Contract Breach

    A California federal judge on Wednesday ordered the owner of a Philadelphia television station to complete the station's $6.4 million sale to the spectrum auction middleman accusing it of breaching its obligations, finding that the owner failed to disclose complicating regulatory problems with the U.S. Federal Communications Commission.

  • August 26, 2015

    Pa. Bipartisan Coalition Seeks To Bar LGBT Discrimination

    A bipartisan group of Pennsylvania politicians Wednesday announced that they were reintroducing legislation that would bar discrimination against lesbian, gay, bisexual and transgender people statewide.

  • August 26, 2015

    Pa. Justices To Review Trial Court's Probe Of Gas Rights

    The Pennsylvania Supreme Court said Tuesday that it would examine a trial court’s decision to conduct its own review of public documents, which was allegedly unsupported by evidence on the record, to reach a conclusion on a dispute over who holds gas rights to a 100-acre property.

  • August 26, 2015

    Steel Contractor Says It's Owed $400K Over Philly Courthouse

    A Connecticut-based steel company that was subcontracted for construction work on Philadelphia’s new Family Court building sued the hiring contractor in state court on Tuesday, claiming it had been stiffed for $397,000, and it also tagged the insurers who backed the project.

  • August 26, 2015

    FTC Can't Go Straight To 3rd Circ. In AbbVie Antitrust Fight

    A Pennsylvania federal judge rejected the Federal Trade Commission's request Wednesday to immediately appeal the dismissal of its pay-for-delay antitrust claims against AbbVie Inc. and Teva Pharmaceuticals USA Inc. over testosterone replacement treatment AndroGel.

  • August 25, 2015

    Rematch Possible In Fight Over NJ Sports Betting Law

    A Third Circuit opinion Tuesday striking down a New Jersey law allowing sports betting at casinos and racetracks seemed to be the death knell for the nascent industry in the Garden State, but experts say a dissent could open the door for possible rehearing at the appellate court.

  • August 25, 2015

    Despite Setback, Odds Still Favor National Sports Betting

    The Third Circuit shut down New Jersey’s attempt to allow unregulated sports betting in a much-anticipated decision Tuesday, but experts say that while the move slows its momentum, legalized sports betting is still on the horizon.

  • August 25, 2015

    Law Firm Denies Bribery In Saga With Former H-1B Worker

    Pennsylvania law firm CGA Law Firm pled with a federal court on Monday to dismiss a suit brought by a former H-1B worker who has accused one of its attorneys of scheming to receive a bribe from his ex-employer, saying the firm only nabbed a “lucrative” separation agreement for the employee.

  • August 25, 2015

    FTC Loses Reconsideration Bid In AbbVie Pay-For-Delay Suit

    A Pennsylvania federal judge refused Tuesday to revive the Federal Trade Commission's pay-for-delay antitrust claims against AbbVie Inc. and Teva Pharmaceuticals USA Inc. over Androgel, saying the Third Circuit's recent ruling in litigation over Lamictal didn't affect his analysis.

  • August 25, 2015

    Zippo To Pay EPA $186K Over Pa. Hazardous Waste Claims

    Zippo Manufacturing Co. has agreed to pay a $186,000 penalty to resolve allegations that it improperly handled hazardous waste at its Pennsylvania manufacturing facility, the U.S. Environmental Protection Agency announced Tuesday.

  • August 25, 2015

    Pa. AG Rethinking Media's Request For Porn Emails

    Pennsylvania Attorney General Kathleen Kane said Tuesday that her office was reassessing its position in an appeal over whether pornographic emails and other offensive material exchanged between current and former prosecutors could be released to the press under the state’s open records law.

Expert Analysis

  • 3rd Circ. Writes A Road Map For Cybersecurity Practices

    Tracy E. Miller

    The Third Circuit's analysis in Federal Trade Commission v. Wyndham Worldwide Corp. of applicable standards for Section 5 enforcement under the Federal Trade Commission Act and the court's discussion of specific shortcomings in Wyndham’s security safeguards create a road map for companies to assess their own practices in the face of mounting cybersecurity threats and clear affirmation of the FTC’s regulatory authority, say Tracy Mi... (continued)

  • Equitable Mootness May Be Alive And Well In 3rd Circ.

    Bruce D. Buechler

    In a recent Third Circuit opinion in the case of Tribune Media Co., Judge Thomas Ambro authored a concurrence that appears to imply that Third Circuit Judge Cheryl Krause’s opinion in One2One Communications LLC calling for the overturning of the equitable mootness doctrine is not shared, says Bruce Buechler of Lowenstein Sandler LLP.

  • Insurers Are The Real Winners In Pa. Babcock Decision

    Randy Maniloff

    The Pennsylvania Supreme Court's recent decision in Babcock & Wilcox Co. v. American Nuclear Insurers, though on it's surface a loss for insurers, will ultimately go down as a case that provided significant benefits for insurers as a whole, says Randy Maniloff at White and Williams LLP.

  • Successor Liability In Calif.: Where To Point The Finger

    Richard M. Williams

    When one product manufacturer or distributor acquires another, which party should assume the existing debt and/or ongoing liabilities — the buyer or the seller? Originating in California and adopted in four other states, the product line successor exception is one way to answer that question, says Richard Williams at Gray Duffy LLP.

  • 5 Reasons State Compliance With Clean Power Plan Is Easy

    John Bernetich

    The dire forecast from the group of 15 states that filed an emergency petition seeking a stay of the Clean Power Plan is greatly exaggerated. The final rule allows significant flexibility to utilities and states, and much of the legal infrastructure necessary for states to comply with the final rule is already in place throughout the country, say Ayres Law Group LLP's John Bernetich and Richard Ayres, co-founder of the Natural Reso... (continued)

  • A Wake-Up Call For Attys On Using Recorded Conversations

    John B. Harris

    The recent arrests of two criminal defense lawyers in Pennsylvania raise thorny questions about what a prudent practitioner in a two-party consent state should do when presented with a recorded conversation that does not, on its face, indicate that all participants have consented, says John Harris of Frankfurt Kurnit Klein & Selz PC.

  • Parsing Post-Production Energy Costs In Pa. Leases

    John K. Gisleson

    The issue in Pollock v. Energy Corporation of America was not whether the energy producer had the right to deduct post-production costs under the royalty provision, but whether the producer held title to the gas at the time it incurred the costs, say Kenneth Komoroski and John Gisleson of Morgan Lewis & Bockius LLP.

  • Pa.'s Babcock Decision Is Damaging To The Rule Of Law

    Jason P. Gosselin

    Last month’s Pennsylvania Supreme Court decision in Babcock & Wilcox Co. v. American Nuclear Insurers openly disregarded clear policy language and fashioned a new, dramatic and completely unnecessary rule favoring policyholders and harming insurers, say Jason Gosselin and Timothy O'Driscoll at Drinker Biddle & Reath LLP.

  • King Drug May Chill Voluntary Resolution Of IP Disputes

    Benjamin Wanger

    There is serious danger in allowing third-party antitrust challenges to voluntary resolutions of intellectual property disputes. While we understand the rationale of Actavis concerning why a reverse payment settlement might be ripe for scrutiny, the Third Circuit's recent decision in King Drug illustrates that Actavis places IP disputes on a slippery slope, say Carl Schaerf and Benjamin Wanger of Schnader Harrison Segal & Lewis LLP.

  • A Flood Of Changes: The Growing Risk Of Flood Loss

    Lauren P. McKenna

    Individual states have developed their own unique methods of addressing the growing risks of flood loss, but for insurers and property owners alike it is evident that only a comprehensive method of addressing flood risk and the fiscal solvency of the National Flood Insurance Program will ultimately prove satisfactory, say Lauren McKenna and Christine Soares at Fox Rothschild LLP.