Pennsylvania

  • July 31, 2015

    Feds Want $2.6M From Nifty Fifty CPA For Tax Scheme

    The federal government asked a Pennsylvania federal court Friday for the green light to enforce a forfeiture action for $2.6 million against William Frio, an accountant for the Nifty Fifty chain of restaurants who pled guilty to a $15 million tax fraud scheme.

  • July 31, 2015

    Court OKs Approvals For Booze Sales At Pa. Gas Stations

    The Pennsylvania Commonwealth Court issued a pair of precedential rulings on Friday rejecting arguments that the state’s liquor control board had improperly allowed Sheetz Inc. and Acme Markets Inc. to sell alcohol at locations that also sell gasoline.

  • July 31, 2015

    Pa. Atty Takes Helm Of National Organization Of Bar Counsel

    A Pennsylvania attorney who serves as the deputy chief disciplinary counsel for the Discipline Board of the state’s Supreme Court will take over as the president of the National Organization of Bar Counsel on Saturday, the board announced Friday.

  • July 31, 2015

    Archer & Greiner Adds Real Estate Partner In Philly

    Archer & Greiner PC announced Friday it has expanded its real estate practice with the addition of a former Flaster/Greenberg PC partner who will come on as a partner in the firm’s Philadelphia office and serve as vice chairman of its real estate department.

  • July 31, 2015

    3rd Circ. Urged To Revive $26M Healthfirst Repayment Suit

    A New Jersey hospital urged the Third Circuit on Thursday to reverse the dismissal of its suit against health care provider Healthfirst Inc. seeking $26.3 million in unpaid government-assisted medical claims, arguing that the federal court shouldn’t have had jurisdiction and it incorrectly interpreted a state health care law.

  • July 31, 2015

    Pa. AG Says No Criminal Charges For Centre County DA

    Pennsylvania’s attorney general announced Friday that the district attorney for Centre County would not face criminal charges stemming from forgery and theft of services accusations, following a statewide grand jury's investigation.

  • July 31, 2015

    Philly Firm Can't Revive Frivolous Suit Claims, Court Rules

    A three-judge Pennsylvania Superior Court panel rejected a bid by Bochetto & Lentz PC on Thursday to revive claims accusing attorneys with Powell Trachtman Logan Carrle & Lombardo PC of knowingly pursuing meritless litigation to recover fees the firm was paid by a defunct startup company.

  • July 31, 2015

    Pa. Justices Urged To Force UPMC To Honor Medicare Deals

    Pennsylvania’s highest court was urged on Thursday to uphold a decision finding that a state-brokered agreement aimed at protecting senior citizens from the ongoing feud between the University of Pittsburgh Medical Center and Highmark Inc. required UPMC to continue honoring Medicare Advantage contacts with the insurer.

  • July 31, 2015

    Candidate Says Election Can Restore Faith In Pa. High Court

    Pennsylvania Superior Court Judge Judith Olson, seeking a seat on the state’s high court, acknowledged the imperfections of the state’s system for electing appellate judges, but she voiced confidence that with November's election, the court could restore its tarnished public image and deliver on attorneys' wishes for speedier opinions.

  • July 30, 2015

    Cephalon Can’t Dodge Provigil Claims In FCA Off-Label Suit

    A Pennsylvania federal judge Thursday denied a bid by Cephalon Inc. to dismiss claims in a False Claims Act suit relating to off-label marketing of its drug Provigil, saying a recent high court ruling did not support Cephalon’s assertion that similar claims in a related whistleblower suit barred the instant claims.

  • July 30, 2015

    DOJ Faces Uphill Battle In Fattah Corruption Case

    While an exhaustive indictment handed down Wednesday accuses Rep. Chaka Fattah, D-Pa., of misappropriating federal funds and charitable donations to repay loans to his political supporters, attorneys tell Law360 that prosecutors will face an uphill battle proving the congressman was at the helm of the corruption scheme.

  • July 30, 2015

    Ex-Chiefs Players Want Concussion Suits In State Court

    Nearly two dozen former Kansas City Chiefs football players suing the team for concussion-related injuries sought Thursday to separate their claims from the sprawling multidistrict concussion litigation against the NFL, saying the team owes them duties under Missouri law.

  • July 30, 2015

    Bayer, Merck Hit With More Suits Over Avelox Nerve Damage

    At least two new plaintiffs filed complaints Wednesday in Pennsylvania federal court accusing Bayer Corp. and Merck & Co. Inc. of downplaying the risk of permanent nerve damage posed by the antibiotic Avelox and promoting the drug for minor conditions that can be treated with safer medications.

  • July 30, 2015

    3rd Circ. Upholds Class Cert. In PNC Lending Scheme Suit

    The Third Circuit on Wednesday affirmed the certification of a nationwide litigation class of individuals suing PNC Bank NA, which acquired a smaller bank accused of helping facilitate an illegal home equity lending scheme, finding PNC's challenge to issues of commonality and other certification criteria unpersuasive.

  • July 30, 2015

    S. Philly Neighborhood Group Challenges 113-Apt. Project

    A Philadelphia neighborhood association on Wednesday appealed a zoning decision giving the go-ahead to a 113-apartment project on a currently vacant lot in South Philadelphia.

  • July 30, 2015

    Developer Can't Collect For Philly's Refusal To Pave Road

    Pennsylvania’s Commonwealth Court on Thursday overturned a ruling that gave a Philadelphia developer the ability to seek compensation from the city after its refusal to pave a road that would provide access to a proposed housing development with 48 single-family units.

  • July 29, 2015

    Final Thalidomide Claim Is Time-Barred, GSK Tells 3rd. Circ.

    GlaxoSmithKline LLC asked the Third Circuit on Wednesday to uphold a Pennsylvania court's finding that Hagens Berman Sobol Shapiro LLP's last client standing in litigation over the 1950s morning sickness drug Thalidomide was too late in bringing her suit, after the firm was previously sanctioned over obviously time-barred claims.

  • July 29, 2015

    Littler Trying To 'Deceive' Court, Ex-NCAA Athletes Say

    Former University of Pennsylvania athletes who are suing the NCAA over their employment status told an Indiana federal court Tuesday that the defendants' counsel, Littler Mendelson PC, is trying to deceive the court by claiming ignorance on issues that go to the heart of their case.

  • July 29, 2015

    Stan Lee Media Must Pay $140K Fees In Spider-Man Suit

    Stan Lee Media Inc. was ordered Wednesday to pay over $140,000 in attorneys' fees to Disney Enterprises Inc. and Marvel Characters Inc. in their Spider-Man copyright and trademark suit against a Pennsylvania theater, for making arguments that were “marginal” though not absolutely frivolous.

  • July 29, 2015

    Judge Retroactively Recognizes Common-Law Gay Marriage

    A Pennsylvania judge ruled Wednesday that a same-sex couple could be declared married under common law despite the fact that one of the partners died prior to a 2014 federal court ruling that struck down the state's ban on gay marriage.

Expert Analysis

  • Craft Beer's Growth Is Causing Congress To Brew Reforms

    Matthew P. McLaughlin

    In response to the craft beer industry's explosive growth, national policy surrounding alcohol regulatory reform has been one of modernization, not the elimination of three-tier distribution systems and state franchise laws. However, while some states have embraced this trend in a positive manner, others have been extremely resistant to change, says Matthew McLaughlin of Baker Donelson PC.

  • UPenn Fracking Study Can't Give Plaintiffs Causation

    Harry Weiss

    Despite the media attention surrounding a recent University of Pennsylvania study linking increased hospital visits for cardiac and neurological complaints with hydraulic fracturing, it is unlikely to significantly help plaintiffs looking to establish causation, say Harry Weiss and Philip Yannella of Ballard Spahr LLP.

  • OPINION: On Porous Borders

    Judge Eliza Klein

    Since 2008, funding of the border patrol has doubled. Meanwhile, funding of the immigration courts has stagnated. The case load has grown from slightly less than 263,000 cases nationwide to slightly more than 450,000 — over 2,000 cases per judge. We must do better, says Judge Eliza Klein, of counsel to Gil Law Group and a former immigration court judge for more than 20 years.

  • Insured Until Proven Guilty: An Insurer's Duty To Defend

    Matthew L. Jacobs

    A Pennsylvania federal court's recent ruling that a professional liability insurer must defend its policyholders in the face of allegations that, if proven, would preclude coverage illustrates some courts' reluctance to infer prior knowledge of a potential claim based on mere accusations of wrongful conduct and rightfully places the burden of proof on the insurer, say Kathryn Wynbrandt and Matthew Jacobs at Jenner & Block LLP.

  • And Now A Word From The Panel: The Rocket Docket!

    Alan Rothman

    As we celebrate the 46th anniversary of mankind’s first walk on the moon, this month’s column tracking the Judicial Panel on Multidistrict Litigation appropriately explores the impact of the “rocket docket” on the selection of an MDL venue. We have discussed various venue selection factors, but is the perceived speed with which a district handles cases relevant? asks Alan Rothman of Kaye Scholer LLP.

  • 3rd Circ. Gives EPA Broad Discretion In Chesapeake Bay

    Laura Wolff

    By ruling in favor of the U.S. Environmental Protection Agency in American Farm Bureau Federation v. EPA, the Third Circuit gave the agency wide latitude in using the Total Maximum Daily Load process to regulate nonpoint sources of pollution, which typically are regulated by the states, say Laura Wolff and Marc Bruner of Perkins Coie LLP.

  • Absent Class Members And Constitutional Standing

    Christopher J. Michie

    Will the decision in Neale v. Volvo Cars of North America LLC cause district courts to adopt a more relaxed view of the injury requirement in terms of the predominance analysis in class action certification? It is here that the Third Circuit’s discussion of the Comcast decision presents the potential for misinterpretation, says Christopher Michie of Clark Michie LLP.

  • REBUTTAL: The Problem With 3rd-Party Litigation Financing

    Lisa Rickard

    Manipulating gender disparity in the service of hawking a flawed investment product does nothing but trivialize a serious and important issue. The tortured logic in Burford Capital LLC’s recent plug for third-party litigation financing is nothing more than a marketing ploy to boost revenues, says Lisa Rickard, president of the U.S. Chamber Institute for Legal Reform.

  • Recent Lessons In D&O Fee Advancement And Indemnification

    David L. Goldberg

    A Third Circuit decision in IP theft case Aleynikov v. Goldman Sachs Group Inc. and the Delaware Chancery Court’s ruling in insider trading suit Holley v. Nipro Diagnostics Inc. have raised important issues regarding fee advancement bylaws. For one, a litigant will not be considered an “officer” simply based on his or her title, say attorneys with Katten Muchin Rosenman LLP.

  • COUNTERPOINT: Reverse Bad Faith Is A Necessary Weapon

    Charles E. Haddick

    The current reverse bad faith picture is far from a clear one, but to dismiss the doctrine as dead in its adolescence is premature. It is highly likely that reverse bad faith will continue to exist in several forms as a necessary weapon for insurers besieged with opportunistic, marginal and in some cases frivolous claims of insurer bad faith, says Charles Haddick at Dickie McCamey & Chilcote PC.