• July 29, 2014

    Pfizer Unit Can’t End Skelaxin Pay-For-Delay Row In Pa.

    A Pennsylvania state judge has rejected a request by Pfizer Inc. unit King Pharmaceuticals Inc. and Mutual Pharmaceutical Co. Inc. to throw out litigation launched by generics maker SigmaPharm Inc. which alleged the companies conspired to suppress the release of generic forms of the muscle relaxant Skelaxin.

  • July 29, 2014

    Pa. GC To Hire Outside Counsel For Foxwoods Casino Case

    The Pennsylvania Office of General Counsel said Monday that it will hire an outside law firm to defend the state in a case brought by the operator of the defunct Foxwoods casino, since the attorney general and the general counsel declined to take the case.

  • July 28, 2014

    Novartis Ducks Non-Negligence Claims In Zometa Suits

    A Pennsylvania federal judge on Monday tossed the non-negligence claims in two suits alleging Novartis Pharmaceuticals Corp.’s bone drug Zometa caused jaw injuries, saying strict products liability claims could not be brought against the drug company under Pennsylvania law.

  • July 28, 2014

    Ex-Philly Housing Chief Pushes For Expert In Libel Suit

    In what he called a “unique” application of the law, the attorney for the former director of the Philadelphia Housing Authority on Monday pushed a Pennsylvania state judge to allow a linguist to present expert testimony as science in a defamation suit against the city's two dailies.

  • July 28, 2014

    3rd Circ. Denies Federal Preemption Of NJ Wage Law

    The Third Circuit on Monday revived a suit challenging benefits that carpenters received for their work on Revel Casino Hotel by finding that a New Jersey prevailing wage law isn't completely preempted by federal laws covering benefit plans and labor contracts.

  • July 28, 2014

    CMS Expands Wheelchair Fraud Prevention Program

    The Centers for Medicare and Medicaid Services on Monday said it's expanding its fraud prevention pilot program for motorized wheelchairs to 12 more states in the coming months, saying the demonstration has already proved successful in seven states.

  • July 28, 2014

    GSK, Teva Fight FTC Bid To Join Lamictal Args In 3rd Circ.

    GlaxoSmithKline PLC and Teva Pharmaceutical Industries Ltd. on Friday urged the Third Circuit to reject the Federal Trade Commission's request to participate in oral arguments in the Lamictal pay-for-delay litigation, saying the antitrust watchdog was not the "independent" observer it claimed to be.

  • July 28, 2014

    EPA Should Update Fracking Pollution Regs, GAO Says

    A U.S. Environmental Protection Agency program that prevents pollutants associated with hydraulic fracturing from contaminating groundwater in eight states, including California, Pennsylvania and Texas, is outdated and lacks sufficient muscle, according to a report released by a government watchdog on Monday.

  • July 28, 2014

    CTCA Sues Avax For $5.8M Over Cancer Vaccine Promise

    A $5.8 million breach of contract complaint filed Monday in Pennsylvania federal court by the Cancer Treatment Centers of America alleges that Avax Technologies Inc. has failed to deliver on its promise of a "unique cancer vaccine" that could help CTCA's patients.

  • July 28, 2014

    2 Insurers Off Hook In Sapa Defective Window Settlement

    A Pennsylvania federal judge on Monday ruled that Gerling Konzern General Insurance Co. and National Union Fire Insurance Co. of Pittsburgh aren’t currently liable to cover the settlement in a suit alleging Sapa Extrusions Inc. sold window profiles that damaged buildings, finding Sapa has not proven that the excess policies were triggered.

  • July 25, 2014

    Spanier Can't Sue Pa. AG, Says Federal Judge

    A Pennsylvania federal judge on Friday tossed former Pennsylvania State University President Graham Spanier's suit against the state attorney general that aimed to halt the state's prosecution in the Penn State cover up, saying his allegations that prosecutors acted in bad faith do not warrant federal intervention.

  • July 25, 2014

    3rd Circ. Lets Morgan Lewis Withdraw From 30-Year-Old Suit

    The Third Circuit on Friday granted Morgan Lewis & Bockius LLP permission to withdraw from representing a Turkish weapons maker in a contentious product liability suit 29 years after the firm’s initial request, clarifying guidelines for evaluating withdrawal motions.

  • July 25, 2014

    High Court Urged To Nix $9.2M Attys' Fee In VW Settlement

    A class member in a consolidated suit against Volkswagen of America Inc. over leaky sunroofs told the U.S. Supreme Court that the Third Circuit and a magistrate judge shouldn't have approved a $9.2 million attorneys' fee award, according to a filing made available Friday.

  • July 25, 2014

    Urban, Insurer Urge 3rd Circ. To Revive IP Coverage Appeal

    Urban Outfitters and OneBeacon America Insurance Co. on Thursday urged the Third Circuit to reconsider whether they could yet appeal a decision that Hanover Insurance Co. didn’t have to defend the retailer in a Navajo Nation copyright suit, saying the court has held that such rulings are immediately appealable.

  • July 25, 2014

    Diacetyl Plaintiffs Ask High Court To Review 3rd Circ. Ruling

    Plaintiffs in a class action claiming they were harmed by exposure to food coloring chemical diacetyl have asked the U.S. Supreme Court to review a Third Circuit ruling that Aaroma Holdings LLC cannot be held liable because it purchased those assets from now-bankrupt Emoral Inc., saying the decision sets a dangerous precedent.

  • July 25, 2014

    Hospital System Alleges Insurer Withheld Medicare Payments

    Susquehanna Health System on Thursday sued American Progressive Life and Health Insurance Co. of New York in Pennsylvania federal court, alleging it breached an agreement by withholding 2 percent of all Medicare Advantage PPO reimbursements it was required to pay Susquehanna.

  • July 24, 2014

    Pa. Risperdal Judge Won't Change Mind On Nixing Punitives

    A Pennsylvania judge presiding over hundreds of cases concerning physical and mental injuries allegedly caused by the antipsychotic drug Risperdal has reiterated his decision denying punitive damages to plaintiffs claiming the warning labels on the Janssen Pharmaceuticals Inc. drug were inadequate.

  • July 24, 2014

    Fluidmaster Hit With Class Action Over Exploding Pipes

    Fluidmaster Inc.'s "NO-BURST" pipes don't live up to their name because of a design defect that causes the stainless steel-braided water supply lines to corrode and explode, according to a putative class action filed Thursday in Pennsylvania federal court.

  • July 24, 2014

    Pa. Says Uber, Lyft Can Temporarily Run In Pittsburgh

    The Pennsylvania Public Utility Commission on Thursday gave car-service companies Uber Technologies Inc. and Lyft Inc. temporary authority to begin experimental service in Pittsburgh but said it won’t lift cease-and-desist orders against the companies until they comply with agency insurance and rate regulations.

  • July 24, 2014

    Starbucks Hit With ADA Class Action Over Parking Lot Access

    Starbucks Corp. is facing a putative class action in Pennsylvania federal court alleging violations of the Americans with Disabilities Act over the steep slope of curb ramps and other surfaces in several of its parking lots that can limit access for individuals using wheelchairs.

Expert Analysis

  • Watch Out For The 'Man In The Email'

    Susan Linda Ross

    Retailers, when is the last time you spoke with your bank about security? Now may be a good time, according to the FBI and the Internet Crime Complaint Center. A new email scam has been targeting CTOs, CFOs and comptrollers in particular, says Sue Ross of Norton Rose Fulbright.

  • Courts Line Up Behind 3rd Circ.'s Ascertainability Logic

    Tracey Ehlers

    Federal courts, particularly those following Third Circuit precedent, are paying more attention to the ascertainability of class members and companies in the food and beverage industries — where consumers do not typically retain receipts — should take note when challenging class certification, say attorneys at Nixon Peabody LLP.

  • Your State Contract May Prohibit Offshore Outsourcing

    Merle DeLancey

    A recent report from the U.S. Department of Health and Human Services Office of the Inspector General resurfaced the issue of offshoring restrictions in the context of Medicaid contracts. This easily overlooked issue has been percolating to the top of the list for government agencies, state attorneys general and, perhaps, qui tam plaintiffs’ attorneys, say attorneys with Dickstein Shapiro LLP.

  • Lines Drawn In Tesla Direct Sales Battle

    Robert A. Zinn

    Given Tesla’s current tiny share of the U.S. auto market, the debate over Tesla’s direct sales to consumers may seem like much ado about nothing. But the direct sales model is also being studied by both new Chinese automakers and mainstream U.S. and global manufacturers as they plan their future U.S. marketing strategies, says Robert Zinn of Carlton Fields Jorden Burt LLP.

  • An Inventive Way To Remove Pure State Court Claims

    Michael E. Blumenfeld

    Nondiverse state court defendants facing purely state law claims that seek to secure federal jurisdiction should determine whether a good faith basis exists to pursue a third-party action against a federal actor in order to trigger the representative U.S. Attorney’s certification and remove such claims under the Westfall Act, say Michael Blumenfeld and Jonathan Singer of Miles & Stockbridge PC.

  • Minimum Wage Mania Among Cities And States

    James S. McNeill

    The trend of indexing minimum wage increases to the Consumer Price Index will have significant, long-term implications for states and municipalities, telling us two things: minimum wage rates will likely continue to rise annually and will bring with them an increase in potential wage liability exposure for employers, say James McNeill and Peter Stockburger of McKenna Long & Aldridge LLP.

  • OPINION: Let's Financially Reward Law Firm Diversity

    Patricia K. Gillette

    It only took the threat of a 10 cent cost increase to make people bring their own bags to Bay Area grocery stores. What if we gave partners an extra $10,000 for increasing diversity in their firms? asks Orrick Herrington & Sutcliffe LLP partner Patricia Gillette.

  • Northeastern States Push To Keep Fracking Waste Out

    Caroline Toole

    Across a patchwork of regulation among northeastern states, the disposal of waste generated from hydraulic fracturing — including potential radiation issues — will no doubt continue to be a focus of regulators, industry and waste-disposal companies as fracking operations grow across the U.S., says Caroline Toole of Weil Gotshal & Manges LLP.

  • OPINION: Advance Conflict Waivers Send Wrong Message

    Eric L. Lane

    If there is anything that would convince big law firms to ditch the advance conflict waiver, it is the financial bottom line. And I can assure you firms are losing new client opportunities because of these waivers, says Eric Lane of Green Patent Law.

  • States Cracking Down On Pregnancy Discrimination

    Celina R. Joachim

    The Illinois legislature recently passed HB 8, the latest in a flurry of state and local legislation requiring employers to provide accommodations for pregnant employees and paid family leave. Employers, adjust your summer to-do lists, say attorneys at Baker & McKenzie LLP.