• February 27, 2015

    Volvo Seeks Atty Sanctions In $5M Car Defect Class Action

    Volvo Cars of North America LLC on Friday urged a Pennsylvania federal judge to sanction a plaintiffs’ attorney for misleadingly altering a document in a $5 million class action accusing the company of selling cars with an allegedly fatal side-impact protection defect.

  • February 27, 2015

    Ex-Hospice Exec. Indicted In Medicare Fraud Scheme

    A federal grand jury on Thursday indicted the former head of a Pittsburgh-area hospice on a count of health care fraud in connection with improper Medicare and Medicaid billings for patients who were not actually terminally ill.

  • February 27, 2015

    Crown Says Travelers, Ace Should Pay Dump Cleanup Costs

    Crown Cork & Seal Co. Inc. filed a suit in Pennsylvania state court on Tuesday aiming to hold Travelers Casualty & Insurance Co. and Ace American Insurance Co. liable for covering hazardous waste cleanup costs the company faces in Baltimore as part of a U.S. Environmental Protection Agency investigation.

  • February 27, 2015

    FTC To Face Grilling By 3rd Circ. Over Data Security Powers

    The scope of the Federal Trade Commission's authority will take center stage at the Third Circuit on Tuesday, with questions posed by the appellate panel in advance of the arguments indicating that the regulator faces an uphill battle to fend off Wyndham Worldwide Corp.'s claims that the agency doesn't have the power to regulate companies' cybersecurity practices.

  • February 27, 2015

    NFL Players Won't Take A Knee On Revised $765M Settlement

    Several former professional football players objected Friday to an amended $765 million proposed settlement in multidistrict litigation regarding concussions with the National Football League, saying the amendments create a situation in which players with a certain brain condition would have incentive to commit suicide before the cutoff date for benefits.

  • February 27, 2015

    Pa. Senate Democrats Unveil Liquor Privatization Alternative

    A day after the Republican majority in the state’s House of Representatives passed a bill to privatize the sale of wine and spirits in Pennsylvania, Senate Democrats unveiled a rival proposal Friday aimed at modernizing the existing system of publicly owned liquor stores.

  • February 27, 2015

    Pa. Gov. Urges Obama To Beef Up Oil Rail Transport Safety

    Pennsylvania Gov. Tom Wolf on Friday urged President Barack Obama to push for stricter oversight of the transportation of oil by rail, including the prompt issuance of tougher safety regulations crafted in the wake of several fiery derailments involving crude oil from North Dakota's Bakken Shale.

  • February 27, 2015

    Public Defender Fired For Contesting Plea Program, Suit Says

    A criminal defense attorney filed a civil rights suit against Franklin County, Pennsylvania, and the chief operators of its public defenders office in federal court Thursday, saying he was fired from his position as assistant public defender in retaliation for reporting a potentially illegal and unethical plea bargain program.

  • February 26, 2015

    3rd Circ. Nixes Intervention Bid In Bad Faith Dispute

    The Third Circuit on Wednesday denied Leonetti's Frozen Foods Inc.'s bid to intervene in a bad faith suit brought by a sausage maker against an excess insurer over a $3.2 million judgment, which had been rendered in an underlying dispute between the two food companies.

  • February 26, 2015

    Real Estate Rumor Mill: Uber, Isle Of Capri, Kaufman

    Uber is said to have leased 40,000 square feet in San Francisco and be in talks for another 175,000 square feet, while Isle Of Capri Casinos has reportedly put Lady Luck Casino up for sale and Kaufman is said to have bought a New York Flatiron building for $93 million.

  • February 26, 2015

    Pa. House Again Passes Measure Privatizing Liquor Sales

    After some five hours of debate and strenuous objections from the chamber’s Democratic minority, the Pennsylvania House of Representatives on Thursday approved a bill — the second such measure in two years — aimed at privatizing the sale of wine and liquor in the state.

  • February 26, 2015

    3rd Circ. Keeps Carlyle Investor Battle In Delaware Court

    An investment fund controlled by a Dutch investor must pursue its breach of contract claims against Carlyle Investment Management LLC in Delaware state court even though the fund never signed the contract requiring the dispute to take place there, the Third Circuit ruled Wednesday.

  • February 26, 2015

    FedEx Discrimination Suit Shipped from Md. To Pa.

    A Baltimore federal judge has moved the Equal Employment Opportunity Commission’s lawsuit against FedEx Ground Package System Inc. for alleged discriminations against deaf workers and applicants near the company’s headquarters in Western Pennsylvania district court, court records show.

  • February 26, 2015

    Marshall Dennehey Can't Dodge Ex-Associate’s ADA Claims

    Marshall Dennehey Warner Coleman & Goggin must continue to fight claims from a former insurance associate who alleged that she was terminated because of a medical condition, after a Pennsylvania federal judge on Wednesday rejected the bulk of the firm’s motion for dismissal.

  • February 26, 2015

    Pa. Bill To Allow Online Gambling Introduced In House

    A Pennsylvania state legislator introduced a bill Wednesday that would expand gambling in the state to include online gambling, a move he said would help the state overcome a $2 billion budget shortfall and become a top competitor among neighboring states in the gambling industry.

  • February 26, 2015

    Philly School District, Union Sued Over Leave Arrangement

    An anti-union group sued the School District of Philadelphia and the Philadelphia Federation of Teachers in state court Wednesday over a contract provision that allows employees to work for the union while continuing to receive a salary and benefits from the school district.

  • February 26, 2015

    3rd Circ. Upholds $2.4M Award In Navy Subcontract Row

    The Third Circuit on Wednesday affirmed a roughly $2.4 million award to DCK TTEC LLC over a steel subcontractor’s failed bid to build two F-35 Joint Strike Fighter maintenance hangars at a Marine Corps Air Station in Arizona for the U.S. Navy.

  • February 26, 2015

    Reed Smith Wants Mansion Fire Malpractice Row Arbitrated

    Reed Smith LLP said in a Pennsylvania court filing Wednesday that a malpractice suit accusing the firm of botching a $20.5 million insurance settlement tied to a fire at a historic suburban Philadelphia mansion belongs in arbitration.

  • February 25, 2015

    3rd Circ. Won't Revisit IDT Suit Over $42.5M Winstar Deal

    The Third Circuit on Tuesday declined to revisit its decision that 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.

  • February 25, 2015

    Developer Urges Tax Court To OK $7M Facade Donation Claim

    The owner of a former Pittsburgh cork factory-turned-luxury apartment building has asked the U.S. Tax Court to rule in its favor in a dispute over a disallowed $7.14 million tax deduction tied to a conservation easement, arguing the charitable donation had been properly documented.

Expert Analysis

  • What Amazon Giveaway Means For Sweepstakes Laws

    S. Gale Dick

    Having radically reshaped publishing, retail and digital content, Amazon in February showed its intent to do the same to sweepstakes. Yet Amazon Giveaway's rules are notable in that they eschew many of the precautions taken by promoters of nationwide sweepstakes concerned with running afoul of antiquated state lottery laws, say attorneys with Cohen & Gresser LLP.

  • Data Collection Rule Repeal Will Help NJ Businesses

    Kendall L. Houghton

    Stemming from the Third Circuit's ruling in New Jersey Retail Merchants Association v. Sidamon-Eristoff, New Jersey’s amendment to remove data collection requirements provides relief not only for stored value card issuers but for all players in the SVC industry, including retailers and restaurants, say attorneys at Alston & Bird LLP.

  • Don't Forget About Publicity Rights In Estate Planning

    Barbara Wahl

    As "The Imitation Game" — the recent Oscar-winning movie about English code-breaker Alan Turing — demonstrates, there’s no telling whose life and image may get the Hollywood treatment after they are gone. Modern estate planning should account for this potential asset, says Barbara Wahl of Arent Fox LLP.

  • US Immigration Policy: Adventures In Fantasyland

    Robert S. Groban Jr

    As Tom Friedman observed, the world is increasingly flat. Right now, we have an immigration system, largely created in 1952, that has erected barriers that prevent us from being a more effective competitor in the economic wars of the 21st century. This needs to be the focus of the great immigration debate or we run the real risk of a pyrrhic victory at the border, say experts with Epstein Becker & Green PC.

  • This Week In Congress: Avoiding A DHS Funding Showdown

    Richard A. Hertling

    One major change in the debate over U.S. Department of Homeland Security funding — which expires this Friday — is that a Texas federal district judge has issued an injunction against the Obama administration’s immigration policy, essentially putting it on hold. This may be an opportunity for the Senate to avoid the policy riders and pass a clean funding bill, says Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • In-House Counsel's Dirty 'Little' Secret: Data Leakage

    Jennifer Topper

    Not every data breach is a massive headline-grabbing theft of consumer credit card information. As significant as these events may seem, the more dangerous and prevalent threats are the least visible — occurring through "data leakage." Put simply, this is raw meat awaiting a strike by the plaintiff’s bar, says legal industry adviser Jennifer Topper.

  • Who Flips The Switch?

    Nancy Saracino

    The energy sector faces significant change, driven by factors ranging from shifting sources of electricity generation, to commercialization of emerging technologies and the experimentation with new market models. In many cases, however, there’s no clear policy as to whether the federal government or the states have jurisdiction, say attorneys with Crowell & Moring LLP.

  • 'Exact Contours' Is Key To NJ Sports Betting Appeal

    Daniel Wallach

    The meaning of the Third Circuit's 2013 opinion that the Professional and Amateur Sports Protection Act leaves room for states to make their own sports-wagering policy and decide "the exact contours of the prohibition" is at the heart of New Jersey's latest appeal. The "exact contours" language has been given vastly different interpretations by the parties in NCAA v. Governor of New Jersey, says Daniel Wallach of Becker & Poliakoff PA.

  • The Case For Professionalizing Pro Bono Services

    David A. Lash

    A recent survey shows that lawyers at firms with a pro bono coordinator recorded approximately 50 percent more pro bono hours than did firms without. This "professionalization" of the practice has enabled the legal community to better meet pro bono demand — as it did, for example, when Vice President Joe Biden spoke urgently about the need to address the influx of children crossing the U.S.-Mexico border, say members of APBCo.

  • Contracts Are Still King After Pa. Oil Drilling Case

    Mimi S. Dennis

    Ely v. Cabot Oil & Gas Corp. affirms the importance of thorough factual support for fraud-related claims to survive summary judgment. Critics of the natural gas industry may be disappointed by the decision, but the court’s reliance on the plain language of the lease agreement underscores Pennsylvania’s commitment to the integrity of the written contract, says Mimi Dennis of Sedgwick LLP.