• May 22, 2015

    Mylan Says Kirkland ‘Thumbs Its Nose’ At Client Loyalty

    Mylan Inc. fired back at Kirkland Ellis LLP, telling a Pennsylvania federal court Friday that the firm “thumbs its nose” at its duty of loyalty to clients and should be blocked from representing Teva Pharmaceutical Industries Ltd. in its hostile takeover bid of Mylan NV.

  • May 22, 2015

    Philly Zoloft Trial Can Shape Expert Testimony In MDL

    The second bellwether trial over the alleged birth defect risks of Pfizer Inc.'s antidepressant Zoloft begins at the end of this month in a Pennsylvania state court, and attorneys say the success of the expert testimony could make or break plaintiffs' chances in the Zoloft multidistrict litigation playing out in federal court.

  • May 22, 2015

    Hagens Berman In Hot Seat Over Dropped GSK Suits

    Hagens Berman Sobol Shapiro LLP is fighting tooth and nail to stop a special master from questioning 31 of its clients on their decision to drop birth defect suits in Pennsylvania federal court against GlaxoSmithKline, saying the move would violate attorney-client privilege. But there is precedent for inquiries into plaintiffs firms’ conduct, especially in the context of tort litigation gone awry.

  • May 22, 2015

    Fired Worker's Hospital Stay Not 'Overnight,' 3rd Circ. Says

    A divided Third Circuit panel handed down a precedential ruling on Friday finding that a worker’s November 2011 hospitalization did not count as an overnight stay under the federal Family and Medical Leave Act because he had been admitted shortly after midnight and discharged later the same day.

  • May 22, 2015

    Pa. Dems Back State's Intervention In Highmark, UPMC Row

    Democrat leaders of the Pennsylvania General Assembly fired off an amicus brief on Friday supporting the state’s bid to force the University of Pittsburgh Medical Center to reverse its decision ending a series of Medicare Advantage contracts between its hospitals and rival insurer Highmark Inc.

  • May 22, 2015

    Tribal Loan Manager Immune To Suit, Pa. Judge Says

    A Pennsylvania federal judge on Thursday tossed claims brought against a manager of Lac Vieux Desert Band of Lake Superior Chippewa Indians' loan company Sovereign Lending Solutions LLC over an allegedly usurious loan, ruling the manager had tribal sovereign immunity against the suit.

  • May 22, 2015

    Sandusky Whistleblower Can Access Ex-Penn State GC Emails

    A Pennsylvania judge said Thursday that he would not bar the release of purportedly privileged communications between two former Penn State University administrators and the school’s general counsel in a suit by a former assistant football coach who says he was fired for blowing the whistle on sex offender Jerry Sandusky.

  • May 21, 2015

    Astor Weiss, Atty Sued Over ‘Bungled’ $18M Telco Case

    Communications Network International Ltd. has slammed its former attorney with a malpractice suit for a “quixotic charade” across 13 years of hopeless, error-ridden litigation against defunct MCI WorldCom Communications Inc., according to a complaint filed in Pennsylvania state court.

  • May 21, 2015

    3rd Circ. OKs Cutting Fired Workers Out Of Ch. 11 Settlement

    Twelve hundred truckers fired abruptly by Jevic Transportation Inc. were unable to bend the Bankruptcy Code to their aid Thursday, when a U.S. appeals court approved a priority-toppling settlement that favored banks and private equity firms while leaving the truckers, and their $12.4 million wage claim, in the cold.

  • May 21, 2015

    Arena Vendor Aramark Backers Eye $910M Secondary Offering

    Aramark, which provides concessions services at sports arenas and other entertainment venues, said Thursday that a group of private equity backers that took the company private in 2007 are selling up to $909.65 million in shares in a secondary offering following its 2013 return to the public markets.

  • May 21, 2015

    Emergency Order Issued On New Amtrak Speed Regulations

    The Federal Railroad Administration on Thursday issued an emergency order that it said will help control passenger train speeds at certain locations on the Northeast Corridor and require Amtrak to beef up safety protocols in light of last week’s fatal derailment in Philadelphia.

  • May 21, 2015

    Kirkland Says Work For Mylan Units Can't Trigger Conflict

    Kirkland & Ellis LLP urged a Pennsylvania federal court Wednesday not to block the firm from representing Teva Pharmaceutical Industries Ltd. in its hostile takeover bid for Mylan NV, calling the conflict challenge a “preposterous” attempt to kill the proposed merger because it only ever advised Mylan subsidiaries.

  • May 21, 2015

    Whole Foods Hit With National Origin Bias Suit

    A former deli counter attendant for Whole Foods Market filed suit against the grocery store on Thursday in Pennsylvania federal court alleging that she was terminated because of her Serbian national origin, gender and age.

  • May 21, 2015

    AT&T Accused Of Shirking $216M In Access Charges

    Six local phone companies slapped AT&T Corp. with a lawsuit in Pennsylvania federal court Tuesday accusing the telecommunications giant of not paying them $216 million in fees for connecting its long distance calls to local customers.

  • May 21, 2015

    David Axelrod, Penguin Want PR Specialist's Suit Tossed

    Political consultant David Axelrod and Penguin Random House LLC urged a Pennsylvania federal judge Thursday to dismiss a public relations specialist’s suit accusing him of taking credit for an alleged 2003 PR victory during the Philadelphia mayoral race, claiming his speech in his memoir was protected.

  • May 21, 2015

    Judge OKs Unlimited Damages For Tylenol Liver Bellwether

    A Pennsylvania federal judge on Wednesday ruled that plaintiffs can seek unlimited punitive damages under Alabama law in the first bellwether trial later this year in multidistrict litigation alleging the acetaminophen in various Tylenol products from a Johnson & Johnson Inc. unit was responsible for users’ severe liver damage.

  • May 21, 2015

    Pa. High Court Urged To Allow Town To Tax Landlords

    A suburban Philadelphia town urged the Pennsylvania Supreme Court in a brief on Wednesday to overturn a decision barring it from imposing a business privilege tax on the rental income of landlords.

  • May 21, 2015

    Liberals Decry Continued Pa. Judicial Vacancies

    Left-leaning advocacy group Center For American Progress on Thursday issued a report decrying the five current vacancies on federal courts serving Pennsylvania, urging the state’s two U.S. senators to work together to prioritize finding and confirming nominees to fill the open slots.

  • May 21, 2015

    Gas Coalition Says Pa. Frack Site Regs May Paralyze Drillers

    The Marcellus Shale Coalition said Tuesday that the Pennsylvania Department of Environmental Protection’s proposed rules governing surface operations at fracking sites could immobilize drillers.

  • May 21, 2015

    Pa. Justices Turn Down Appeal Over Privilege For Defunct Cos

    The Pennsylvania Supreme Court on Wednesday declined to hear an appeal of a decision finding that attorney-client privilege could not be used to shield the former in-house counsel of a defunct real estate firm from turning over documents in an ongoing contract dispute over unpaid invoices.

Expert Analysis

  • Congress Could Be Coming For Dietary Supplements Soon

    Douglas F. Gansler

    The next chapter in the saga of New York State Attorney General Eric T. Schneiderman and company's investigation into the dietary supplements industry may take place on Capitol Hill given their recent letter to Congress requesting an investigation of the industry as well as stronger oversight from the U.S. Food and Drug Administration, say attorneys at BuckleySandler LLP, including the former attorney general of Maryland.

  • OPINION: Pro Bono Lawyers Can Close Debtors' Prisons

    Lisa W. Borden

    The damning U.S. Department of Justice report on municipal court practices in Ferguson, Missouri, recently put a spotlight on the re-emergence of debtors' prisons. These practices are by no means limited to Ferguson. As tax revenue and other sources of operating income have declined, many cities and towns throughout the country have looked to municipal court operations as a primary source of revenue, says Lisa Borden of the Associa... (continued)

  • Be Aware Of Spousal Guaranties In Pa. Entireties Properties

    Tyler S. Dischinger

    Property held in an entireties estate is held by each spouse in the whole, so neither spouse can unilaterally sever the estate. By extension, such property is generally protected from execution by creditors of one of the spouses. This concept can become particularly interesting — and troublesome, from the perspective of creditors — when spousal guaranties are involved, say George Cass and Tyler Dischinger of Buchanan Ingersoll & Rooney PC.

  • 3rd Circ. Offers A Defense In Data Breach Class Actions

    Nicholas Ranjan

    A growing body of case law in the Third Circuit on Article III standing over data breach litigation offers a simple lesson: Companies that find themselves as defendants in data breach class actions should determine whether plaintiffs have alleged any injuries in fact and, if not, move to dismiss the litigation at the outset, say Nicholas Ranjan and Syed Ali of K&L Gates LLP.

  • Rejection Of Oil And Gas Leases May Prove Futile

    Camisha L. Simmons

    Although scant, there is case law authority which stands for the proposition that rejection of unexpired oil and gas leases would prove futile in light of the protections provided lessees under Bankruptcy Code section 365(h). Debtor lessors desiring to use bankruptcy as a way to cleanse themselves of unwanted oil and gas leases should think twice, says Camisha Simmons, founder of Simmons Legal PLLC.

  • What’s Next After Williams-Yulee?

    Matthew Menendez

    By recognizing in Williams-Yulee v. Florida Bar the vital state interest in judicial integrity, and that “precedents applying the First Amendment to political elections have little bearing” on judicial elections, the U.S. Supreme Court may be signaling that states may take additional steps to regulate judicial elections differently, says Matthew Menendez, counsel in the Fair Courts Project at the Brennan Center for Justice at NYU School of Law.

  • OPINION: The Finality Of A Final Removal Order

    Judge Mahlon F. Hanson

    It is particularly egregious for the U.S. Department of Homeland Security to empower midlevel bureaucrats with limited experience administering the provisions of the Immigration and Nationality Act to adjudicate in rubber stamp fashion deferred action applications based solely on departmental eligibility guidelines that nullify the orders of immigration judges, say Judges Mahlon Hanson and Elizabeth Hacker of the Immigration Reform Law Institute.

  • Law Firms Could Learn A Lot From The NFL Draft

    Mark Levin

    The NFL draft is the culmination of months of research and often years of watching top player prospects, all in the hopes of making the right decision on draft day and assembling the right athletes for a shot at a championship season. Law firm management, does this sound familiar to you? asks Mark Levin, co-founder of The Right Profile LLC and a former chief business development officer for two Chicago law firms.

  • As Goes Calif. Stormwater, So Goes The Nation's?

    Samuel L. Brown

    When states implement a flexible federal environmental regulatory program, when does a state's implementation transform it from a federal into a state requirement? The answer may come from the California Supreme Court in State Department of Finance v. Commission on State Mandates and has the potential to impact stormwater programs nationwide, says Samuel Brown of Hunton & Williams LLP.

  • FTC Is No Longer DOJ’s Little Brother In Antitrust Remedies

    Donald E. Lake III

    A Pennsylvania federal court's recent decision in Federal Trade Commission v. Cephalon Inc. and the Cardinal Health Inc. settlement indicate that the FTC now views its role as not only to prevent repeat antitrust violations through injunctive relief, but to more aggressively complement the U.S. Department of Justice and private plaintiffs for recovery of what it deems ill-gotten gains of anti-competitive behavior, say Donald Lake a... (continued)