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Pennsylvania
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May 24, 2013
JPML Head Says New Mix Of Cases Makes Panel More Picky
The U.S. Judicial Panel on Multidistrict Litigation has rejected a higher percentage of centralization requests in recent years, a trend the head of the panel told Law360 was due in part to a rise in patent cases and other types of litigation he said were more likely to center on individual issues.
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May 24, 2013
Greenberg Traurig Settles Atty's $200M Gender Bias Action
Greenberg Traurig LLP has settled a proposed $200 million employee gender bias class action alleging the firm discriminated against its female shareholders, according to joint motions to dismiss filed by the parties in New York and Pennsylvania federal courts on Friday.
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May 24, 2013
KidsPeace Gets OK To Continue Operations In Ch. 11
A Pennsylvania bankruptcy judge on Thursday allowed bankrupt nonprofit KidsPeace Corp. to continue operating its psychiatric facility for children, approving its use of up to $15 million in financing as it wrangles with more than $100 million in pension plan obligations and rollbacks to Medicaid.
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May 24, 2013
Pittsburgh Zoo Sued By Parents Of Child Killed By Wild Dogs
The family of a 2-year-old boy killed by wild dogs after he fell into a pen at the Pittsburgh Zoo & PPG Aquarium filed suit in Pennsylvania state court on Thursday seeking to hold the zoo liable for the child’s death.
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May 24, 2013
Developers Can Arbitrate Defect Claims, Pa. Court Says
A Pennsylvania appeals court on Thursday overturned a lower court's decision that the developers of a planned residential community facing homeowners' claims over shoddy construction work and water damage was not entitled to arbitration.
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May 24, 2013
DOL Rule Backs Groups' H-2B Challenge, 3rd Circ. Hears
Employer groups told the Third Circuit on Thursday that both a new U.S. Department of Labor rule changing how prevailing wages are calculated for the H-2B foreign worker program and a recent Eleventh Circuit decision against the agency bolster their challenge to a 2011 H-2B wage rule.
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May 24, 2013
Conrail Denies Liability For NJ Derailment, Chemical Spill
In a brief filed Tuesday in Pennsylvania state court, Consolidated Rail Corp. said it could not be held liable as a carrier of hazardous material for alleged injuries suffered by a group of nearly two dozen New Jersey residents after a November train derailment and chemical spill.
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May 24, 2013
'Kids For Cash' Judge Loses Conviction Appeal In 3rd Circ.
One of two Pennsylvania judges found guilty in the state’s notorious “kids for cash” scandal failed to dodge 28 years in prison and nearly $1.2 million in restitution fees Friday as the Third Circuit affirmed his sentence and the bulk of his conviction.
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May 24, 2013
Pa. Appeals Court Affirms Block On Single-Source EMS Law
A Pennsylvania appeals court on Thursday upheld an injunction preventing an Erie County town from enforcing an ordinance naming a sole emergency medical care provider and blocking competitors from offering alternative ambulance services, ruling that the law unconstitutionally infringed companies' right to do business.
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May 24, 2013
Flonase Users Seek Sanctions For Foes Of $35M Antitrust Deal
Flonase purchasers urged a Pennsylvania federal court Thursday to sanction objectors to a $35 million class action settlement of allegations that GlaxoSmithKline PLC improperly delayed market entry of a generic nasal spray, saying the two objectors and their attorneys ignored a court order.
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May 24, 2013
Pa. Can't Tax Out-Of-State Trusts, Appeals Court Rules
The Pennsylvania Commonwealth Court ruled Friday that the state’s efforts to impose income taxes on two trust funds that were based in Delaware and lacked Pennsylvania income violated the commerce clause of the U.S. Constitution.
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May 23, 2013
Cigna Gets Heart Device Coverage Fight Sent To Arbitration
A Pennsylvania federal judge on Thursday dismissed a pair of cardiac telemetry makers' suit alleging Cigna Health Corp.'s decision to stop covering the device violates federal pension and unfair competition laws, finding the claims are subject to arbitration under each plaintiff's provider agreement with Cigna.
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May 23, 2013
Supervalu Sues Sunoco Over Gas Card Exclusivity Deal
Wholesale grocery supplier Supervalu Holdings LLC sued Sunoco Inc. in Pennsylvania state court Wednesday, accusing the gas station owner of breaching an agreement to give Pittsburgh-area Shop ‘n Save customers discounts on gasoline when they swiped their card at the pump.
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May 23, 2013
Blackstone Teams With Prologis On $960M Industrial Deal
The Blackstone Group LP and Prologis Inc. are teaming up to make a $960 million purchase of a massive U.S. industrial portfolio from a venture led by Lehman Brothers Holdings Inc., sources confirmed to Law360 on Thursday.
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May 23, 2013
Pa. AG Says No Master Needed In Judicial Retirement Suit
The Pennsylvania Office of Attorney General on Wednesday fired back at a petition seeking the appointment of a special master to gather evidence in a suit challenging a provision of the state constitution forcing judges into retirement after turning 70, arguing that the matter presented only questions of law.
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May 23, 2013
'Hate' Demonstrations At Philly Towers Halted By Judge
A Pennsylvania judge Thursday halted a religious group from holding demonstrations outside the retail mall at the foot of two iconic Philadelphia skyscrapers, a day after the owner of the mall alleged that the group was showering hate speech upon passersby.
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May 23, 2013
Appeals Court Revives Malpractice Claim Against Pa. Firm
The Pennsylvania Superior Court on Wednesday revived a malpractice suit against an Erie County law firm accused of failing to properly advise a former corporate client, ruling that the firm hadn’t challenged the adequacy of the company’s evidence in the case.
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May 23, 2013
Pa. Rep. Pushes Bill To Track Fracking Health Effects
Following a hearing in which experts accused Pennsylvania regulators of inadequately protecting public health and the environment from the effects of Marcellus Shale drilling, organizer Rep. Greg Vitali, D-Delaware, announced Wednesday that he would push legislation expanding the responsibilities of the state's health agency.
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May 23, 2013
Pa. Tycoon's Fraud Suit Tossed In Feud With Schnader Atty
A Pennsylvania federal judge on Tuesday tossed a suit brought by billionaire businessman and philanthropist Raymond Perelman alleging his longtime friend and lawyer, Arlin Adams of Schnader Harrison Segal & Lewis LLP, defrauded him in a $24 million deal with Perelman’s son in 1990.
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May 23, 2013
Ex-Penn State Chief Says School's Atty Violated Privilege
The ousted head of Pennsylvania State University wants a state judge to dismiss criminal charges accusing him of helping cover up the conduct of convicted child molester Jerry Sandusky, arguing that his indictment was improperly based on testimony from a school lawyer who violated his attorney-client privilege.
Expert Analysis
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When Rights Of Publicity Trump 1st Amendment
An important practice tip that flows from the Third Circuit's opinion in Ryan Hart v. Electronic Arts Inc. is that talismanic invocation of the First Amendment does not resolve the legal problem of balancing that amendment with competing rights such as the right of publicity, says Ronald Katz of Manatt Phelps & Phillips LLP.
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Harrisburg Demonstrates Danger Of Public Statements
The U.S. Securities and Exchange Commission has long made clear that when information about a municipal issuer is reasonably expected to reach investors and the trading markets, those disclosures are subject to anti-fraud laws. But the recent Harrisburg, Pa., enforcement represents the first time the SEC has charged a municipality for misleading statements made outside of its securities disclosure documents, say attorneys with Day Pitney LLP.
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Rise Of The Machines — Predictive Coding Goes Mainstream
The pros of using predictive coding far outweigh the cons. Given the heavy pressure on law firms and in-house counsel to reduce discovery costs, as well as the Justice Department's recent stance on the subject, it appears predictive coding will continue to emerge from the obscure world of legal technology to the mainstream of legal practice, say Michael Moscato and Myles Bartley of Curtis Mallet-Prevost Colt & Mosle LLP.
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What Sponsors Must Know About Litigation On Church Plans
Recently, two firms have filed class actions against three Catholic Church-affiliated health care facilities, claiming that their pension plans should be subject to the Employee Retirement Income Security Act. These cases could have a profound effect on all church plan sponsors, regardless of whether they have previously obtained favorable church plan rulings, say attorneys with Drinker Biddle & Reath LLP.
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Calif. Chemical Safety Rules Push Constitutional Envelope
Impatience with the pace of Toxic Substances Control Act reform at the federal level is understandable, but substituting individual state action for a perceived lack of federal action may be the classic example of a cure which is worse than the disease. Many think California’s Safer Consumer Product Regulations now prove that, says Ward Benshoof of Alston & Bird LLP.
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A Model For Facing Meritless Derivative Suits In Pa.
The decision by the Allegheny County Court of Common Pleas in In re H.J. Heinz Co. Derivative and Class Action Litigation represents a faithful application of the American Law Institute’s Principles of Corporate Governance, which were formally adopted by the Pennsylvania Supreme Court in the landmark decision Cuker v. Mikalauskas, say attorneys with Dechert LLP.
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Circuit Split On Market Share-Based Discounts Remains
The U.S. Supreme Court’s refusal to review ZF Meritor LLC v. Eaton Transmission Corporation means that the Third Circuit’s less permissive view of dominant firm pricing conduct remains intact for now, and suggests that Pennsylvania, New Jersey and Delaware federal courts will likely be the preferred venues for challenges to such conduct, says Eric Berman of Williams Mullen.
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Far-Reaching Consequences Of NFL Concussion Litigation
Recently, the U.S. District Court for the Eastern District of Pennsylvania heard oral arguments on the much-publicized In re National Football League Players' Concussion Injury Litigation. Though it is difficult to predict how the court will rule, whatever ruling it makes will have significant impact on the litigation, the law and the broader sports world, say attorneys with Squire Sanders LLP.
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How McBurney V. Young Will Impact State FOIAs
In McBurney v. Young, the U.S. Supreme Court has permitted the still-uncommon practice of state legislatures to restrict use of their freedom of information laws to citizens of the states. But states should not race to adopt citizens-only provisions in their freedom of information laws, say John Borger and Leita Walker of Faegre Baker Daniels LLP.
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E-Commerce Taxation Bill Might Be Unconstitutional
Recent decisions from the federal courts suggest that the constitutionality of the proposed Marketplace Fairness Act, which would permit states to require out-of-state businesses to collect and remit sales taxes on goods sold over the Internet, is open to serious debate, says Michael Abate of Dinsmore & Shohl LLP.