• October 2, 2015

    Reckitt Loses Reconsideration Bid In Mucinex Antitrust Row

    Reckitt Benckiser Inc.’s bid to escape an antitrust and contract breach lawsuit filed by URL Pharma Inc. over a right to sell generic Mucinex has again fallen short, with a Pennsylvania federal judge refusing to reconsider an earlier decision.

  • October 2, 2015

    Morris Wilson Slams Frivolous Forgery Suit Claims

    Morris Wilson PC told a Pennsylvania state judge on Tuesday that a title transfer worker who accuses the firm of slapping her with knowingly frivolous forgery claims did not have standing to pursue her suit because she was not named as a defendant in the underlying litigation.

  • October 2, 2015

    Pfizer Gets Plaintiffs' Expert Blocked In Zoloft Trial

    Pfizer has succeeded in blocking an expert for testifying for the plaintiffs on general and specific causation in a trial in Philadelphia court over their claims that the company's antidepressant Zoloft caused a child to be born with a defect that causes certain organs to be contained in a sac outside the abdomen.

  • October 2, 2015

    Dilworth Paxson Adds Ex-Asst US Atty In Philly

    Dilworth Paxson LLP announced Friday that it had landed a former federal prosecutor to join its white collar and corporate investigations practice group in Philadelphia as of counsel.

  • October 2, 2015

    2nd Pa. Justice Faces Renewed Scrutiny Over Porn Email Link

    Pennsylvania’s embattled attorney general is turning up the heat on a state Supreme Court justice over pornographic and other offensive material he purportedly received and sent from a private email account.

  • October 2, 2015

    Pa. Justices Have Chance To Push Gas Law Into 21st Century

    The Pennsylvania Supreme Court will probe century-old real estate law at upcoming oral arguments on two gas lease disputes in an effort to bring its jurisprudence up to date with the state’s energy boom, but in both cases, experts anticipate the court will hew closely to precedent and avoid destabilizing outcomes.

  • October 2, 2015

    Pa. DEP Wants Gas Group's Permit Program Challenge Axed

    A Pennsylvania court was urged Thursday to find that a gas industry group did not have standing to pursue claims accusing environmental regulators of running a permitting program that didn’t comply with a landmark ruling that gutted legislation aimed at establishing statewide rules for drillers.

  • October 2, 2015

    Ex-Dartmouth Prof. Urges Toss Of LabMD's Tiversa Suit

    A former Dartmouth College professor accused by LabMD Inc. of conspiring against the company along with cybersecurity firm Tiversa Holdings urged a Pennsylvania federal judge on Friday to accept a magistrate judge’s report recommending that LabMD’s case be dismissed.

  • October 2, 2015

    Rice Energy Unit Challenges Pa. DEP's Pipeline Fine

    A Rice Energy Inc. unit filed on Thursday to challenge a nearly $500,000 penalty imposed by the Pennsylvania Department of Environmental Protection over violations of state laws connected to construction of a gas pipeline in Greene and Washington counties.

  • October 2, 2015

    Cushman & Wakefield Says Ex-Client Can't Nix Complaint

    Cushman & Wakefield told a Pennsylvania federal judge Thursday to ignore a Philadelphia real estate development firm's bid to toss its third-party complaint in a suit over a failed mixed-use development in the city, emphasizing that the action was appropriately timed.

  • October 1, 2015

    Justices Take Death Row Appeal Over Judge's Recusal Choice

    The U.S. Supreme Court said Thursday that it would review the case of a Pennsylvania death row inmate who says he was denied due process when a state high court justice didn't recuse himself from the inmate's appeal, even though he authorized pursuit of the the man's death sentence as a prosecutor.

  • October 1, 2015

    Genesis Healthcare Complied With FCRA, Judge Rules

    A Pennsylvania federal judge ruled Thursday in a proposed class action that a health care provider complied with the Fair Credit Reporting Act when it obtained a potential employee's criminal history from a third party, but a jury will decide if the third party ensured that its report was as accurate as possible.

  • October 1, 2015

    Justices To Weigh If A Perceived Bias Counts As Free Speech

    The U.S. Supreme Court has agreed to examine whether assumed or actual political involvement is needed to justify a First Amendment violation claim by a New Jersey police officer who alleges he was demoted due to his perceived support for a political candidate running against an incumbent mayor.

  • October 1, 2015

    3rd Circ. Sides With Collector In Debt Letter Dispute

    The Third Circuit ruled Thursday that Professional Medical Management Inc. didn’t violate the Fair Debt Collection Practices Act with a letter telling a debtor it would stop contacting him if he paid his balance, affirming that the letter wasn’t necessarily an improper ultimatum.

  • October 1, 2015

    3rd Circ. Says Land-Side Cos. Can't Invoke Tonnage Clause

    A terminal company renting from the New York Port Authority cannot allege unconstitutional contract terms under the Tonnage Clause and other maritime statutes, according to a precedential Third Circuit ruling Thursday that the provisions do not apply to the land-based company.

  • October 1, 2015

    Landowners Denied Challenge To Sunoco Pa. Pipeline

    A Pennsylvania state court judge has thrown out three Cumberland County landowners’ challenges to a Sunoco Logistics Partners LP subsidiary’s exercise of eminent domain for its ongoing Mariner East pipeline project.

  • October 1, 2015

    Amtrak, Plaintiffs Counsel Agree Crash Cases Belong In Philly

    With half of the suits targeting Amtrak over May's deadly train wreck pending in Pennsylvania’s Eastern District, and with the potentially thorny issue of a $200 million damages cap looming, counsel on both sides told the U.S. Judicial Panel on Multidistrict Litigation Thursday that the cases ought to be centralized in Philadelphia.

  • October 1, 2015

    Urban Outfitters Looks To Force Insurers To Cover IP Suits

    Urban Outfitters Inc. filed suit in Pennsylvania state court Wednesday accusing two of its insurers of failing to defend the retailer from claims leveled by Unicolors Inc. over a dress pattern that allegedly infringed company copyrights.

  • October 1, 2015

    Nursing Home Operators Blast Pa. AG's Hire Of Cohen Milstein

    A group of skilled nursing facilities fought to keep their Pennsylvania Commonwealth Court petition alleging state Attorney General Kathleen Kane overstepped her authority in hiring Cohen Milstein Sellers & Toll PLLC to aid in an investigation into the facilities' staffing policies, arguing the attorney general was trying to circumvent state regulators.

  • October 1, 2015

    FTC Pushes 3rd Circ. To Revive Doryx Product-Hopping Case

    The Federal Trade Commission has backed Mylan Pharmaceuticals Inc.'s bid to revive allegations that Warner Chilcott PLC tried to block generic competition for its acne medication Doryx by tweaking its formula, telling the Third Circuit a lower court's ruling was based on a misunderstanding of the drug marketplace.

Expert Analysis

  • State AGs Vocal In New Supreme Court Term

    Joe Jacquot.jpg

    Justice Antonin Scalia often admits, “I’m a fed,” acknowledging that the U.S. Supreme Court is appointed, confirmed and vested with federal power. A critical counterbalance to that are state attorneys general, who uniquely, often singularly, come before the court to defend the interests of states. Here comes another big term for state AGs, says Joseph Jacquot, a partner with Foley & Lardner LLP and former deputy attorney general of Florida.

  • Net-Metering Subsidies: An Issue That Won't Go Away

    Arthur W. Adelberg

    Net metering, the practice of allowing self-generators to sell surplus energy back to the grid at retail rates, is now allowed in over 40 states, but the debate over whether it unfairly subsidizes those generators at the expense of other utility customers rages on. While Dauphin County Industrial Development Authority v. Pennsylvania Public Utilities Commission is a notable victory for net metering, more legal issues on the topic a... (continued)

  • Like Neiman Marcus, Wyndham Is Not All It’s Cracked Up To Be

    John P. Hutchins

    Following the Third Circuit's recent decision in Federal Trade Commission v. Wyndham, commentators far and wide have predicted gloom and doom for those responsible for corporate data security. Certainly, the FTC’s self-proclaimed position as the “data breach police” was validated by the decision, but the formulation of a general standard for data security is no more certain now than it ever has been, says John Hutchins of LeClairRyan.

  • Pope Francis And Pro Bono Publico


    Listening to Pope Francis last week as he made his way from Washington to New York to Philadelphia, one could be forgiven for imagining he was a poverty lawyer in robes. Again and again, he shone light on challenges that pro bono lawyers have wrestled with for years, including the death penalty, housing and homelessness, immigration and even climate change, say Kevin Curnin and Jennifer Colyer of the Association of Pro Bono Counsel.

  • OPINION: Paul Harvey, RIP


    After recently hearing a young trial lawyer start his opening statement with the Paul Harvey approach, I feel motivated to set out the reasons why defense lawyers should not use this technique anymore, says Dr. Ross Laguzza of R&D Strategic Solutions.

  • OPINION: Have Big Law Firms Lost Their Way?

    Dennis R. Suplee

    My hope is that this article will not be seen as a rant by a senior trial lawyer. The truth is that some things get worse with the passage of time and it should be fair to comment upon such deterioration, says Dennis Suplee, a partner and former chairman of Schnader Harrison Segal & Lewis LLP.

  • 3rd Circ. Grants More Flexibility To Section 363 Buyers

    Lawrence V. Gelber

    A recent Third Circuit decision in the bankruptcy case of LifeCare Holdings Inc. could have a profound effect on the structure of Section 363 sales. Using escrows to pay certain constituencies with new cash while essentially freezing out similarly ranked or senior stakeholders stands in stark contrast to the limitations imposed on Section 363 acquirers, say Lawrence Gelber and James Bentley of Schulte Roth & Zabel LLP.

  • Taiwanese Contract Case Yields Discovery Abuse Insights

    Jennifer Shih

    U.S. District Judge Michael M. Baylson's order enforcing the $6.5 million arbitration award in Clientron Corp. v. Devon IT Inc. provides valuable discovery abuse pointers for practitioners. For example, reliance on backed-up emails in a corporate server is not a sufficient defense to spoliation and courts will look to other litigation a party is involved in to impose a higher standard of the duty to preserve, say Jennifer Shih and ... (continued)

  • 3rd Circ. Supports Specifying Deadlines In ERISA Rows

    Robert P. Lesko

    Unless a motion is made and granted for rehearing, Mirza v. Insurance Administrators of America Inc. is binding law in the Third Circuit, and all denial letters under the Employee Retirement Income Security Act must include any plan-imposed suit limitation deadline, say Robert Lesko and Joshua Bachrach of Wilson Elser Moskowitz Edelman & Dicker LLP.

  • Florida's Take On Telling Clients To Scrub Social Media Pages

    Brian M. Karpf

    Can lawyers advise clients to delete social media accounts? Change privacy settings to conceal prior posts? Clean up their postings in the future? On the heels of similar decisions in New York, North Carolina and Pennsylvania, a recent Florida Bar Professional Ethics Committee opinion offers insight into what crosses the line of spoliation of evidence, says Brian Karpf of Young Berman Karpf & Gonzalez PA.