Pennsylvania

  • September 29, 2016

    LivaNova Escapes Suit Over Blood Temp Equipment

    A Pennsylvania federal judge freed LivaNova PLC from a proposed class action alleging that a cooling system made by a subsidiary exposed patients to a bacteria during open heart surgery, saying Thursday that the court did not have jurisdiction over the parent company.

  • September 29, 2016

    Florio Perrucci Grows In Pa. With Harrisburg Office Launch

    Florio Perrucci Steinhardt & Fader LLC has expanded the scope of its operations in Pennsylvania with the opening of an office in Harrisburg, the firm announced on Wednesday, saying that the move stems from growth of the firm's litigation and government affairs practice areas in Central Pennsylvania.

  • September 29, 2016

    SEC Says Stockbroker Fleeced Mutual Fund Investors

    The U.S. Securities and Exchange Commission on Wednesday filed a complaint in Pennsylvania federal court alleging a former stockbroker fraudulently raised more than $3.2 million from investors in a series of mutual funds he launched that ultimately collapsed.

  • September 29, 2016

    Egg Producers Can't Crack Price-Fixing Conspiracy MDL

    A Pennsylvania federal judge Wednesday denied Michael Foods Inc. and three other egg producers' bid to escape a suit alleging a conspiracy to inflate egg prices, saying purchasers put forth sufficient evidence to show the producers may have participated in an illegal conspiracy

  • September 29, 2016

    LA Fitness Avoids Training Injury Suit With Liability Waiver

    A Pennsylvania federal judge on Wednesday tossed a personal injury lawsuit against gym chain LA Fitness over a member’s injuries suffered from a fall during a training session, finding the gym is protected by waivers of liability in the woman’s membership and personal training agreements.

  • September 29, 2016

    Contractor Details Inexperience In Philly Collapse Trial

    The contractor convicted of involuntary manslaughter in the 2013 Philadelphia building collapse that led to seven deaths and 12 injuries detailed a skimpy record of demolition experience in the civil case over the tragedy, saying Thursday he relied on the architect on the job for guidance.

  • September 29, 2016

    Fed. Circ. Frees Parrot From Fees, Default In Drone IP Row

    The Federal Circuit on Thursday vacated a ruling sanctioning and entering default judgment against Parrot Inc. in a suit accusing it of infringing drone piloting patents belonging to Drone Technologies Inc., saying the district court abused its discretion.

  • September 29, 2016

    Judge Signs Off On EPA's $14M Cleanup Deal With Railcar Co.

    A federal judge gave the green light on Wednesday to a $14 million settlement that resolves the U.S. Environmental Protection Agency’s suit seeking costs for cleaning up hazardous substances at a site once operated by a defunct railcar maintenance company in suburban Philadelphia.

  • September 29, 2016

    Pa. High Court Rejects Shareholder Liability To Contractors

    The Pennsylvania Supreme Court on Wednesday upheld a decision in a $1.5 million construction dispute that a shareholder of a development company does not have the same liability as an owner under a state statute governing payments to contractors.

  • September 29, 2016

    Travelers Told Building Policy Must Cover Radiation Machine

    A Pennsylvania federal judge ruled Wednesday that Travelers Indemnity Co. must pay toward the replacement cost of a cancer center’s radiation machine damaged by a water leak under the center’s building policy, finding the fixed machine is part of the building rather than merely business property that would be subject to lower coverage limits.

  • September 29, 2016

    Magic Johnson Food Co. Sues Drexel U. Over Lack Of Growth

    Philadelphia’s Drexel University was hit with a federal lawsuit in Pennsylvania Tuesday accusing it of fraudulently inducing a food service company owned in part by basketball legend Earvin “Magic” Johnson into a 10-year vendor commitment and a $9.3 million up-front payment by misrepresenting the school’s plans for student body growth.

  • September 29, 2016

    Pa. Justices Ax Local Gov't Casino Tax Shares

    The Pennsylvania Supreme Court ruled Wednesday that a two-tiered system for taxing casinos to fund their host municipalities violated a provision of the state’s constitution requiring uniform taxation.

  • September 28, 2016

    Liner Takes On Cosby Defense With Ex-Milbank Team Addition

    Delilah Vinzon, a former Milbank litigator, has joined Liner LLP’s West Los Angeles office as a partner in the business litigation group, which handles high-stakes cases, including the defense of entertainer Bill Cosby in civil actions in California, Massachusetts, and Pennsylvania.

  • September 28, 2016

    Scope Of Natural Gas Law Again Limited By Pa. High Court

    Pennsylvania’s controversial law governing oil and gas drilling in the state was once again weakened by the state Supreme Court, which on Wednesday invalidated provisions that allow limitations on post-spill drinking water notifications, block physicians from disclosing components in fracking chemicals and give natural gas shippers the power to use eminent domain.

  • September 28, 2016

    Pa. Court Favors Arbitration For Part Of Nursing Home Suit

    A split Pennsylvania Supreme Court found Wednesday that survival claims brought as part of a wrongful death suit against skilled nursing facilities can be severed for separate arbitration hearings, granting a request by Extendicare Health Services Inc.

  • September 28, 2016

    FTC’s Ill. Hospital Merger Suit Gets 3rd Circ. Boost

    The Third Circuit on Tuesday endorsed the government’s analysis of geographic markets in hospital mergers in siding with the U.S. Federal Trade Commission in a challenge to the combination of two Pennsylvania hospital systems, a decision that could aid the agency’s appeal of an Illinois hospital merger case.

  • September 28, 2016

    Unequal Rules On Uber, Lyft Threaten Philly Cabs, Judge Told

    Cabdrivers packed a Pennsylvania federal judge’s courtroom on Wednesday as a string of witnesses testified in support of an injunction to strip the Philadelphia Parking Authority of its ability to enforce regulations on taxis that exceed burdens placed on ride-sharing services like Uber and Lyft.

  • September 28, 2016

    Co. Should Face $8.5B Iraq War Fraud Suit, Magistrate Says

    A Georgia federal magistrate judge recommended Wednesday that a Kuwaiti warehousing contractor face allegations it defrauded the U.S. Department of Defense related to $8.5 billion in Iraq War food contracts, concluding the company can't raise contractual issues at the dismissal stage.

  • September 28, 2016

    Exotic Dancer Says Arbitration Not Applicable In Wage Suit

    An exotic dancer challenging the dismissal of her putative collective and class action against a New Jersey adult nightclub over allegedly unpaid wages urged the Third Circuit on Tuesday to revive the suit, saying it is not subject to arbitration because the agreement does not apply to statutory employment claims.

  • September 28, 2016

    PharMerica Sues Ex-Employees Over New Rival Business

    PharMerica, a pharmacy chain serving nursing homes, sued three former employees who departed to form a rival business in Pennsylvania federal court on Tuesday, claiming that they breached noncompetes and have access to trade secrets.

Expert Analysis

  • Oral Advocacy And 'Vocal Fry'

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    In a sneak preview of the fall edition of Legal Communication & Rhetoric, Professor Michael Higdon of the University of Tennessee College of Law explores the negative reactions to "vocal fry," the accusations of sexism those reactions have engendered, and what all this means for female attorneys.

  • The Courtroom Where It Happened: Hamilton As A Lawyer

    Randy Maniloff

    Often lost in discussions about Alexander Hamilton is that he was an extremely important New York lawyer. He had an extensive law practice until his death in 1804 and he wrote what is considered to be the first treatise in the field of private law. Ultimately, Hamilton certainly did get "a lot farther by working a lot harder, by being a lot smarter, by being a self-starter," says Randy Maniloff of White and Williams LLP.

  • Why Have Lawyers Forgotten About The Middle Class?

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    Sorry, fellow lawyers, judges and legislators, but the jig is up. It’s time to show the public the cards up our sleeves and give them a chance to weigh in on the fairness of a system that touches so many aspects of their everyday lives, says Chas Rampenthal, general counsel of LegalZoom.

  • And Now A Word From The Panel: 3 Alternatives To MDLs

    Alan E. Rothman

    Recognizing the ever-dwindling number of multidistrict litigation proceedings, Alan Rothman of Kaye Scholer LLP explores the three alternatives to MDLs which the Judicial Panel for Multidistrict Litigation has recently considered in denying and/or mooting MDL petitions.

  • Prelitigation Steps For Trade Secret And Noncompete Cases

    Excerpt from Lexis Practice Advisor
    Matthew T. Miklave

    One of the first steps in addressing potential trade secret misappropriation and breach of restrictive covenant claims is determining the scope and extent of the employer’s protections. However, the prelitigation process involves many more stages. Attorneys with Robinson & Cole LLP address seven specific steps you should take on behalf of an employer in assessing and addressing a potential breach of a noncompete agreement.

  • Overhauling Law Firm Records Departments For A New Reality

    Raymond Fashola

    As automation increases, so do business challenges that impact overall law firm operations. Records departments are facing roadblocks associated with antiquated processes, ever-changing regulatory requirements, and emerging technologies. As a result, firms are reassessing the needs of their records department staffing models, says Raymond Fashola of HBR Consulting.

  • Unclaimed Property Law: What Oil And Gas Cos. Should Know

    Carol Lynn Thompson

    States have recently stepped up enforcement of unclaimed property laws to generate additional revenue and the oil and gas industry has become an attractive target. Because unclaimed property compliance obligations can be particularly complex it is critical that companies understand the current landscape and the best ways to navigate the audit process, say attorneys at Sidley Austin LLP.

  • Expanded Wharfinger Liability Confuses Spill Cost Recovery

    Lawrence I. Kiern

    A recent decision from a Pennsylvania federal court in the protracted litigation surrounding the Athos I oil spill signals profound implications for the liability of charterers, wharfingers and the U.S. government. The ruling portends costly new obligations for all three entities to conduct frequent underwater surveys using side-scanning sonar to detect obstructions, says Lawrence Kiern of Winston & Strawn LLP.

  • The Post-Daimler Split On In Personam Jurisdiction

    Albert Piccerilli

    Since the U.S. Supreme Court ruling in Daimler AG v. Bauman, lower courts have been grappling with the issue of whether a corporate defendant that is not incorporated under the laws of the forum state, and does not have its principal place of business there, may nevertheless be subject to the forum’s general in personam jurisdiction if it is registered to do business in the forum state. Members of Montgomery McCracken Walker & Rhoa... (continued)

  • 3 Steps To Successful Judgment Enforcement

    Craig Weiner

    Judgment enforcement is typically governed by the law of the state where collection is sought, which frequently means collection efforts are controlled by an arcane body of law replete with debtor-friendly roadblocks. Fortunately, there are a number of actions a judgment creditor can take to secure satisfaction of a claim, say Craig Weiner and Michael Kolcun of Robins Kaplan LLP.