Pennsylvania

  • August 29, 2014

    Eckert Seamans Pushes To Stay In 'Kids-For-Cash' Fight

    Eckert Seamans Cherin & Mellott LLC struck back Wednesday against a motion seeking the firm's disqualification from defending a Pennsylvania businessman accused of concealing his involvement in Luzerne County's “kids for cash” scandal to induce a business partner to invest in juvenile detention facilities.

  • August 29, 2014

    Archer & Greiner Wants $1M From Mouthguard Co. For IP Case

    New Jersey firm Archer & Greiner PC has filed suit in Pennsylvania federal court against mouthguard manufacturer Brain-Pad Inc., saying Brain-Pad still owes $1.15 million in legal fees incurred in Archer's successful defense against claims that the company's product infringed on an earlier patent.

  • August 29, 2014

    Calif. Bill On Uber, Lyft Insurance Offers Road Map For Pa.

    A bill moving through the California Legislature that puts commercial insurers for ridesharing companies on the hook as soon as the app is activated will be a useful guide as Pennsylvania seeks to establish standards for companies like Uber and Lyft, representatives for trial lawyers and insurers say in a rare point of agreement.

  • August 29, 2014

    Boeing Asbestos Liability Doesn't Extend To Worker's Spouse

    A Pennsylvania federal judge has ruled in a case against The Boeing Co. that employers owe no duty to warn or protect the spouses of workers who purportedly carried asbestos fibers home from their workplaces, deciding an issue he said hadn't been addressed by Pennsylvania appeals courts.

  • August 29, 2014

    Pa. DEP Details Water Contamination From Gas Drilling

    The Pennsylvania Department of Environmental Protection released data on Thursday showing that nearly 250 private water supplies across the state have been contaminated as a result of natural gas drilling since 2007.

  • August 29, 2014

    The 5 Most Fearsome EEOC Regional Offices

    Employers should beware of aggressive U.S. Equal Employment Opportunity Commission regional offices that are leading the agency's efforts to limit the use of criminal background checks, eradicate pregnancy discrimination and tackle other issues, attorneys say. Here's a look at five EEOC district offices on the leading edge of enforcement efforts.

  • August 29, 2014

    Envelopes Can’t Show Debt Account Nos., 3rd Circ. Says

    The Fair Debt Collection Practices Act bars debt collectors from revealing account numbers on the outside of envelopes mailed to consumers, the Third Circuit ruled Thursday, reviving a proposed class action against collections company Convergent Outsourcing.

  • August 29, 2014

    Pa. Wants Out of Foxwood Developer's $50M Adversary Suit

    Pennsylvania told a bankruptcy court Thursday that the bankrupt developer of a planned Foxwoods casino project that fell through in 2010 is now improperly trying to revive a $50 million gaming license dispute with the state and sought dismissal of the debtor's adversary proceeding.

  • August 28, 2014

    Suspension Lifted For Judge Cleared In Ticket-Fixing Scandal

    The Pennsylvania Supreme Court on Thursday vacated a February 2013 order memorializing a suspension for Magistrate Judge Mark Bruno after his indictment in an alleged ticket-fixing scheme in Philadelphia's Traffic Court, which ended in Bruno's acquittal in July.

  • August 28, 2014

    T-Mobile Seeks 2nd Shot At Axing $7M Verdict In Race Car Row

    T-Mobile USA on Wednesday petitioned the Third Circuit for an en banc hearing after an appellate panel affirmed a $7 million judgment for an automotive racing team in a breach of contract suit and opened the door for a decision that could double the award.

  • August 28, 2014

    Pa. Expands Medicaid In Win For Hospitals, Insurers

    The Obama administration on Thursday approved Pennsylvania’s plans to expand Medicaid under the Affordable Care Act, a win for hospitals and private insurers that should reap big financial benefits as an estimated 600,000 residents gain coverage.

  • August 28, 2014

    2 Pa. Firms Escape Malpractice Suit Over Broker Fee Appeal

    The Pennsylvania Superior Court on Wednesday axed malpractice claims against Riley Riper Hollin & Colagreco PC and Berger Harris LLC over their alleged negligence in not pursuing a proper appeal in a commissions dispute between a commercial real estate company and a broker.

  • August 28, 2014

    Prestige Must Shed Bonine To Win FTC Nod On $750M Deal

    The Federal Trade Commission will require pharmaceutical company Prestige Brands Holdings Inc. to divest assets connected with the motion sickness drug Bonine to resolve competition concerns over its proposed $750 million acquisition of Insight Pharmaceuticals LLC, the agency said Thursday.

  • August 28, 2014

    Lannett Faces Shareholder Suit Over Price-Fixing Scheme

    A shareholder on Wednesday filed a securities class action against generic-drug maker Lannett Company Inc. in a Pennsylvania federal court, saying Lannett’s executives hid a scheme to fix the prices of the drug digoxin that led to its stock tanking when news of an investigation came out.

  • August 28, 2014

    Pa. Stakeholders Mull Ride-Sharing Insurance Requirements

    As Uber and Lyft seek permanent approval to operate in Pennsylvania, industry and government stakeholders on Thursday pushed for clearly delineated insurance requirements for the ride-share providers, saying the state needs to catch up with a quickly changing transportation landscape.

  • August 28, 2014

    3rd Circ. Says UAW Can't Recoup Visteon Retiree Benefits

    The Third Circuit on Thursday affirmed a district court’s ruling that Visteon Corp. retirees formerly belonging to the United Auto Workers were not entitled to a reinstatement of health care benefits, saying the union made the “calculated choice” to not appeal a bankruptcy court order allowing the company to terminate the benefits.

  • August 28, 2014

    Inventor Fires Back At Patterson Belknap In Surgical IP Row

    A retired physician urged a Pennsylvania federal court on Wednesday not to grant Patterson Belknap Webb & Tyler LLP and an ex-associate summary judgment in a suit accusing them of improperly sharing his proprietary surgical stapling technology, calling it a "relatively simple" case of misappropriation of trade secrets.

  • August 28, 2014

    Justices Urged To Set High Bar For Threat-Speech Convictions

    People for the Ethical Treatment of Animals and a handful of pro-life groups urged the U.S. Supreme Court on Thursday to set a strong bar for threat-speech convictions, saying a recent Third Circuit decision that ignores speakers' intent would chill the speech of activists and weaken the First Amendment.

  • August 28, 2014

    Philly Papers Want Owner Out Of Pa. Justice's Libel Suit

    Philadelphia's two major daily newspapers urged a state judge Wednesday to protect their owner H.F. “Gerry” Lenfest from being deposed as part of a suit brought by Pennsylvania Supreme Court Justice Seamus McCaffery over allegedly libelous reports about referral fees paid to his wife and chief aide.

  • August 28, 2014

    Pa. Atty Loses Appeal Of Unauthorized Practice Conviction

    A Pennsylvania appeals court on Tuesday upheld the conviction and sentencing of an attorney charged in Allegheny County for illegally continuing to represent two of his clients after he was disbarred in the state in January 2009.

Expert Analysis

  • High Court Should Review Scope Of Crime-Fraud Exception

    Matthew D. Lee

    Given the significant differences among the circuits in examining the crime-fraud exception, and the Third Circuit’s recent erosion of the attorney-client privilege, U.S. Supreme Court review is necessary to ensure the consistent treatment of litigants and to protect the privilege, say attorneys with Blank Rome LLP.

  • The 8 Gotchas Of Technology Contracting: Part 2

     Craig Auge

    Contracts for providing and obtaining technology establish important, often long-term relationships. When they involve mission-critical products and services, the impact of a flawed contract can be devastating, says Craig Auge of Vorys Sater Seymour and Pease LLP.

  • The 8 Gotchas Of Technology Contracting: Part 1

    Craig Auge

    Every business runs at least in part on technology — and, when contracting for technology products and services, the “gotchas” don’t discriminate based on size or industry. All parties can benefit from avoiding these situations, says Craig Auge of Vorys Sater Seymour and Pease LLP.

  • How Website Operators Use CFAA To Combat Data-Scraping

    Aaron Rubin

    In light of recent cases, it seems that plaintiffs are likely to have more success asserting Computer Fraud and Abuse Act claims against scrapers where they clearly and unambiguously revoke authorization to access their websites and take affirmative steps to block the scrapers, say Aaron Rubin and Tiffany Hu of Morrison & Foerster LLP.

  • A Different Claim Aggregation Method To Avoid SLUSA

    Benjamin P. Edwards

    As the securities class action continues to experience death by a thousand cuts, we may soon see increasing numbers of the "disaggregated class" — a new tactic some plaintiff attorneys have begun to deploy to work around the Securities Litigation Uniform Standards Act by filing duplicative state court cases, says Benjamin Edwards of Michigan State University College of Law.

  • 3rd Circ. Puts Debtors 1st In FDCPA Case

    Wayne Streibich

    Arguments in Fair Debt Collection Practices Act cases at the district level were outweighed by the Third Circuit in McLaughlin v. Phelan Hallinan & Schmeig LLP, which establishes that a debtor’s failure to dispute a debt will not likely be a basis for dismissal of claims, say Wayne Streibich and Louise Bowes of Blank Rome LLP.

  • Stay A Step Ahead Of State Data Breach Laws

    Rebecca S. Eisner

    Businesses should consider encrypting all personal information — not just the information currently required by data breach notification laws, since these laws are constantly being updated to include more elements of personal information within their scope, say Rebecca Eisner and Lei Shen of Mayer Brown LLP.

  • A 3rd Circ. Opinion On Third-Party Releases

    Andrew I. Silfen

    The bankruptcy case of Lower Bucks Hospital is a cautionary tale that provides guidance to indenture trustees and their counsel regarding what is necessary in the Third Circuit for third-party releases to be approved, say attorneys with Arent Fox LLP.

  • Ascertainability Looms Large After Skinnygirl Ruling

    Scott Shaffer

    In Stewart v. Beam Global Spirits & Wine, a New Jersey district judge's upholding of Third Circuit precedent dismissing the use of affidavits among potential members to class actions indicates courts are increasingly placing the burden of ascertainability on plaintiffs, not only to protect defendants but also absent class members, says Scott Shaffer of Olshan Frome Wolosky LLP.

  • FTC V. Cephalon — The Actavis Fray Begins

    Michael Cohen

    In Federal Trade Commission v. Cephalon Inc., the Eastern District of Pennsylvania recently rejected arguments that show the FTC's vigor to push the boundaries of last year's landmark U.S. Supreme Court pay-for-delay decision in FTC v. Actavis Inc., say Michael Cohen and Katie Wood of Paul Hastings LLP.