Pennsylvania

  • July 1, 2015

    Pfizer Says Plaintiffs Are Rehashing Nixed Zoloft Testimony

    Pfizer Inc. argued Tuesday that plaintiffs in the federal multidistrict litigation over the antidepressant Zoloft are trying to repackage causation testimony by two experts that was excluded last year as case-specific testimony ahead of bellwether trials scheduled for 2016.

  • July 1, 2015

    Moving Fracking Water Not Interstate Commerce, Judge Says

    A Pennsylvania federal judge ruled Tuesday that drivers transporting water for hydraulic fracturing operations are not engaged in interstate commerce and can thus pursue collective actions over unpaid overtime under the Fair Labor Standards Act and Pennsylvania Minimum Wage Act.

  • July 1, 2015

    Ex-Agent Says AG Can't Claim Immunity In Defamation Suit

    A Pennsylvania state judge was urged Monday to reject Attorney General Kathleen Kane’s claim of immunity in a defamation suit lodged by a former undercover agent who says he was smeared by comments she made about a decision to nix a “botched” sting operation targeting Democratic lawmakers.

  • July 1, 2015

    Feds Push For 6 Years In Ex-Contractor Exec’s Bribery Case

    Government prosecutors argued in Pennsylvania federal court Wednesday that former Lee Dynamics International CEO George H. Lee Jr. can't escape a recommended six-year prison sentence by claiming that the bribes he paid to secure millions of dollars in supply and warehouse contracts in Iraq were really gratuities.

  • July 1, 2015

    Philly Landowner Sued For Alleged Changes On $18M Sale

    Developer Bart Blatstein sued the owner of a Philadelphia site where he has been linked to a major retail and residential complex in state court on Tuesday, contending that it improperly moved up the closing date on an $18 million sale of the property.

  • July 1, 2015

    Wyndham Says High Court ACA Ruling Supports Appeal

    Wyndham Worldwide Corp. on Tuesday told the Third Circuit that the U.S. Supreme Court’s recent ruling on the Affordable Care Act supports their argument that the Federal Trade Commission doesn’t have the congressional authority to police unreasonable data security practices.

  • July 1, 2015

    Pa. Senate Passes Anti-SLAPP Measure

    The Pennsylvania Senate threw its overwhelming support on Tuesday to legislation that would authorize monetary penalties for plaintiffs found to have filed so-called strategic lawsuits against public participation, or SLAPP suits, designed to stifle criticism against businesses and developers.

  • July 1, 2015

    Amtrak Supports Bid To Consolidate Philly Derailment Suits

    Amtrak on Tuesday consented to a request by plaintiffs pursuing claims stemming from May’s deadly train derailment in Philadelphia to create a new federal multidistrict litigation program in the city to handle the 22 separate suits already filed, as well as future claims.

  • June 30, 2015

    Indirect Buyers Decertified In Wellbutrin Pay-For-Delay Suit

    The Pennsylvania federal judge overseeing pay-for-delay litigation against GlaxoSmithKline PLC and others over the antidepressant Wellbutrin XL decertified the class of indirect purchasers on Tuesday, saying it has failed to carry its burden of showing that the class is ascertainable.

  • June 30, 2015

    Naked Shorts Suit Gives High Court Chance To Curb States

    In agreeing to hear a case about naked short selling, the U.S. Supreme Court on Tuesday put itself in a position to establish the extent to which federal securities laws preempt certain state-based claims and, in doing so, may further curtail state securities suits.

  • June 30, 2015

    Contractor Says Costs Award Doesn't Rectify $127M Snub

    A spurned contractor on Friday launched a Federal Claims Court challenge to a decision by the U.S. Department of Veterans Affairs and Government Accountability Office not to award it a $127.5 million hospital contract, saying the agencies' choice to reimburse its bid preparation and protest costs is an inadequate remedy. 

  • June 30, 2015

    Pa. House OKs Pension Reform Bill Promising $10B Savings

    A Republican-led effort to overhaul public employee pensions cleared the Pennsylvania state House on Tuesday, with backers claiming the bill is key to dealing with a $53 billion shortfall and opponents questioning the reality of savings and the constitutionality of the measure.

  • June 30, 2015

    Criminal Defense Veteran Joins Greenblatt Pierce In Philly

    The appellate practice at the Philadelphia-based Greenblatt Pierce Engle Funt & Flores LLC is set to grow with the addition of a veteran criminal defense attorney who is joining the firm after two decades with the Defender Association of Philadelphia.

  • June 30, 2015

    Pennsylvania Legislature Passes Liquor Privatization Measure

    The Pennsylvania General Assembly voted largely along party lines on Tuesday to approve a controversial bill that would end a state monopoly on liquor sales that has been in place since the end of Prohibition, and allow private businesses to sell wine and spirits.

  • June 30, 2015

    Anapol Schwartz Pushes For Sanctions Win Against Ex-Atty

    Anapol Schwartz on Monday redoubled its efforts to have the gay former attorney who lost a state court employment lawsuit against the firm sanctioned for making inconsistent statements over the course of the litigation while also hitting back at the attorney’s own sanctions bid.

  • June 30, 2015

    High Court To Hear Merrill Lynch Naked Short Selling Suit

    The U.S. Supreme Court on Tuesday granted an appeal from Merrill Lynch, UBS Securities LLC and other financial institutions over a shareholder suit alleging they engaged in illegal and manipulative “naked” short selling.

  • June 29, 2015

    Janssen Ignored Nerve Damage Risk Of Levaquin, Suit Claims

    Drugmaker Janssen Pharmaceuticals and parent company Johnson & Johnson were hit with a lawsuit Monday in Pennsylvania federal court alleging the drugmaker mislabeled and continued to market an antibiotic drug despite a growing body of research indicating that it led to permanent nerve damage.

  • June 29, 2015

    Pa. House Votes To Kill Proposed Conventional Gas Well Rules

    Pennsylvania environmental regulators aiming to draft rules for surface operations at conventional oil and gas wells could be forced back to the drawing board after an amendment tucked into the state’s fiscal code over the weekend won approval from the full House of Representatives on Monday.

  • June 29, 2015

    Pa. Residents Lodge Suit Over Babcock Nuclear Facilities

    Operators at two nuclear materials processing facilities in Pennsylvania, including Babcock & Wilcox Co. units, released hazardous radioactive substances into the environment, causing cancer and death in nearby residents, according to a suit filed Monday in Pennsylvania federal court.

  • June 29, 2015

    Amtrak Faces 1st Wrongful Death Suit After Philly Crash

    Amtrak was hit with the first wrongful death suit stemming from a derailment and crash outside Philadelphia in May that killed eight passengers when the widow of a man riding in the first car sued in Pennsylvania federal court on Monday.

Expert Analysis

  • Did 'America's Sexiest Man' Almost Doom The ACA?

    Kim Wilcoxon

    Although former Republican Massachusetts Sen. Scott Brown didn't cast the deciding vote in the U.S. Supreme Court's 5-4 ruling in King v. Burwell, the one-time Cosmopolitan magazine pick for "America's Sexiest Man" played a significant role in the legal trials and tribulations of the Affordable Care Act, says Kim Wilcoxon of Thompson Hine LLP.

  • How Drug Cos. Can Minimize Risks Of 'Right To Try' Laws

    Vicki G. Norton

    With "right to try" measures that provide seriously ill patients access to experimental treatments being drafted in 40 states, drug and biologic developers have faced increasing pressure from patients and their advocates to make investigational drugs available for compassionate use. Vicki Norton of Duane Morris LLP has some advice for navigating the risks associated with allowing patients compassionate use of experimental drugs.

  • Your Advance Conflict Waiver May Be A Conflict Creator

     Daniel H. Tabak

    A recent Western District of Pennsylvania decision has carved out new ground in the already fertile fields of affiliate conflicts and advance conflict waivers by recommending that Kirkland & Ellis LLP be enjoined from representing the would-be purchaser of a Kirkland pharmaceutical client’s parent company. The court’s interpretation of the words used in the advance waiver is almost certainly not what Kirkland expected, say Daniel T... (continued)

  • Why NJ May Win 3rd Circ. Sports Betting Case

    Daniel Wallach

    New Jersey may hold the upper hand in the sports betting case, based on what unfolded at the oral argument. In contrast to the district court, the Third Circuit signaled strongly that principles of statutory interpretation would dictate the outcome. And this bodes well for New Jersey, says Daniel Wallach of Becker & Poliakoff PA.

  • Texting With An Informant: Lessons From Pa. Wiretap Ruling

    Lathrop B. Nelson III

    The Pennsylvania Superior Court recently addressed whether text messages sent on an iPad were covered under the Pennsylvania Wiretapping and Electronic Surveillance Control Act. Although Commonwealth v. Diego arose in the context of guns and drugs, the opinion nonetheless has implications for the use of informants and technology in a wide range of government investigations, says Lathrop Nelson of Montgomery McCracken Walker & Rhoads LLP.

  • Midpoint 2015: What To Expect From State AGs

    Joseph W. Jacquot

    Whether on competition in the solar energy market, oversight of professional occupations or the safety of electronic payment systems, businesses should proactively engage with state attorneys general as they fulfill their consumer protection role, says Foley & Lardner LLP's Joseph Jacquot, a former Florida deputy attorney general and chief of staff of the attorney general’s office.

  • Philly Points To Standing When Fighting Class Actions

    Angelo A. Stio III

    The Philadelphia Court of Common Pleas' ruling in Baum v. Keystone Mercy Health Plan reinforces the case that a lack of standing is a powerful defense for companies facing data breach-related class actions. Baum also recognizes that lack of standing can be asserted at the certification stage when the purported class representative cannot demonstrate that he or she suffered injury or harm, say attorneys at Pepper Hamilton LLP.

  • The Top 3 New Do’s And Don’ts For Law Firm Websites

    Stephan Roussan

    In legal marketing circles, there are few topics peddled about more than “hot tips” for improving your law firm’s website. Google it. You’ll find more advice than you could ever digest. However, there are larger trends in technology, culture and user behavior that are impacting firms in very significant ways and are not being talked about nearly as much as they should be, says Stephan Roussan, founder of consulting and web developm... (continued)

  • Send Your Reservation Of Rights To The Right Person

    Jay M. Levin

    Most courts hold that an insurance company will not be estopped from denying coverage even if the company participates in the defense, provided it gives timely notice to the policyholder through a reservation of rights letter. But there is one very important caveat — the letter must be both timely and sent directly to the policyholder for whom the defense is provided, say attorneys at Reed Smith LLP.

  • Best Practices For Avoiding Spoliation

    Paul D. Steinman

    Motions for sanctions based on spoliation of evidence have become increasingly common, and a company that is not prepared to defend against a claim of spoliation may find itself forced to choose between an unfavorable settlement offer or the imposition of sanctions that could prevent it from prevailing on its claims or defenses, say Paul Steinman and Thomas Sanchez of Eckert Seamans Cherin & Mellott LLC.