Pennsylvania

  • August 27, 2014

    3rd Circ. Won't Rehear Robert Half Class Arbitration Ruling

    The Third Circuit on Wednesday refused to shake its precedential decision in favor of Robert Half International Inc. that said whether or not arbitration agreements allow classwide arbitration is a question that courts, not arbitrators, should decide.

  • August 27, 2014

    Highways Don't Justify New Private Roads, Court Says

    The Pennsylvania Commonwealth Court agreed Wednesday that the public’s benefit from the construction of public roads and highways that bisect private property was generally insufficient as a justification for landowners to build private roads in order to access landlocked portions of their properties.

  • August 27, 2014

    Pa. Appeals Court Nixes Ford, BorgWarner Asbestos Suit

    A Pennsylvania appellate court on Wednesday affirmed a judgment in favor of Ford Motor Co. and BorgWarner Corp. in a suit alleging a mechanic was exposed to asbestos-containing dust through their products, agreeing with the trial court that the suit doesn't properly attribute the exposure to the companies.

  • August 27, 2014

    PPL Gets $2.4M Verdict Over Contractor's Fall Nixed

    A Pennsylvania appeals court on Wednesday threw out a $2.4 million jury verdict against PPL Electric Utilities Corp. that had been granted to an employee of an independent contractor who fell 40 feet while painting the company's electricity poles.

  • August 27, 2014

    McGuireWoods Nabs Ex-Buchanan Ingersoll Energy Atty In Pa.

    McGuireWoods LLP has snatched up a former Buchanan Ingersoll & Rooney PC attorney, whose practice is focused predominately on the oil and gas industry and mergers and acquistions, to be a partner in its Pittsburgh office, according to the firm.

  • August 27, 2014

    City Scrutinizes Accounts After Treasurer's Theft Charges

    Officials in Pennsylvania’s financially beleaguered capital city said Wednesday that they were taking special precautions to ensure that its treasurer, who was charged this week for stealing more than $8,000 from a nonprofit he helped helm, had not also misappropriated any city money.

  • August 27, 2014

    One Firm Makes Mark On Philly With $2B In Summer Deals

    Several major deals that have taken place in Philadelphia this summer are expected to reshape the city's real estate landscape, including the planned $1.2 billion Comcast Innovation & Technology Center at 18th and Arch streets, and one firm has stood out ​with work that has fueled the transformation.

  • August 27, 2014

    Pa. Company Gets $1.2M Fine For Hazardous Waste Dumping

    A Pennsylvania munitions and explosives manufacturer was sentenced in federal court on Wednesday to a $1.2 million fine and five years' probation for illegally storing hazardous waste at its Chester County facility.

  • August 27, 2014

    Le-Nature's Trust, Accountant Reach Bankruptcy Settlement

    Defunct drink maker Le-Nature’s Inc. has agreed to settle a dispute with Pittsburgh-based Pascarella & Wiker LLP over claims that the accountants' negligence contributed to the company's bankruptcy, likely ending litigation that has already led to a $24 million settlement with K&L Gates LLP.

  • August 27, 2014

    Philly Mesh Suits Face Uncertainty After Sole Pa. Co. Axed

    A slew of coordinated product liability suits over alleged injuries from pelvic mesh products faces an uncertain future in the Philadelphia County Court of Common Pleas after a judge on Monday agreed to dismiss claims against the sole Pennsylvania-based defendant in the blossoming mass tort program.

  • August 27, 2014

    Hershey Sues Candy Importer For Flouting Famous Marks

    Hershey Co. launched a suit in Pennsylvania federal court Monday accusing a New Jersey-based specialty food importer of refusing to stop the sale of chocolate and candy products that rip off the look, name and packaging of several popular Hershey products, including Reese's and Kit Kat.

  • August 26, 2014

    Stevens & Lee Atty Named To Pa. Judicial Conduct Board

    A Stevens & Lee PC shareholder has been appointed to a four-year term on the Pennsylvania Supreme Court's Judicial Conduct Board, where he'll help investigate allegations of misconduct by the state's judges, according to a Tuesday announcement.

  • August 26, 2014

    3rd Circ. Won't Revive Watson Fertility Drug Ad Suit

    The Third Circuit on Tuesday refused to revive Ferring Pharmaceuticals Inc.'s suit accusing Watson Pharmaceuticals Inc. of making false and misleading statements about Ferring's fertility drug, finding insufficient evidence that a drug advertising campaign with allegedly inaccurate effectiveness claims would inflict irreparable harm.

  • August 26, 2014

    3rd Circ. Frees Hospitals From Nurses' FLSA Suit

    The Third Circuit on Tuesday said that numerous Philadelphia-area hospital operators don't have to face five related wage-and-overtime class actions brought by registered nurses alleging they were not properly compensated for training, pre- and post-shift work and work done during meal breaks.

  • August 26, 2014

    Friedman Schuman Wants $8M Legal Mal Row Out Of Philly

    Friedman Schuman Applebaum Nemeroff & Kilkenny PC has told a Pennsylvania judge that The Bancorp Bank's $8 million malpractice suit belonged in Montgomery County instead of Philadelphia County, and that there were no grounds for punitive damages.

  • August 26, 2014

    Dismissal Of Sprague's Daily News Libel Suit Is Upheld

    A divided Pennsylvania Superior Court on Tuesday affirmed the dismissal of a defamation suit brought by Sprague & Sprague founder Richard Sprague against the Philadelphia Daily News over a column criticizing him for publicizing a defense he didn't believe on behalf of now-convicted state Sen. Vince Fumo.

  • August 26, 2014

    Relators Knock Doctors' Settlement Of Kickback Suit

    Relators in a suit over an alleged patient referral kickback scheme involving a hospital and two doctors objected Monday in a Pennsylvania federal court to the federal government’s $500,000 settlement with the doctors, arguing that without updated financial information, it’s impossible to determine whether the settlement is fair.

  • August 26, 2014

    Cone Midstream Latest Energy Co. To Tap Public Markets

    Cone Midstream Partners LP, a master limited partnership created by Consol Energy Inc. and Noble Energy Inc. to operate assets in the Marcellus Shale, is planning a $350 million initial public offering, making it the latest oil and gas company to flirt with the public markets this summer.

  • August 26, 2014

    Pa. Appeals Court Revives Gas Pipeline Location Row

    A divided Pennsylvania Superior Court panel on Monday revived a lawsuit brought by a subsidiary of the Williams Companies Inc. against two landowners who won't allow the company to construct a pipeline across their property despite prior agreements.

  • August 26, 2014

    Developers Land $90M To Fund Pittsburgh RE Projects

    Pittsburgh-based developers Oxford Development Co. and The Mosites Co. have scored a combined $90 million in financing from Huntington Bank for their respective development projects in the city, the companies announced Monday.

Expert Analysis

  • 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.

  • Nationwide 'Water Crunch' Poses Threat To Fracking

    Thomas D. Goslin

    With over a third of the U.S. suffering moderate to exceptional drought conditions, the risk of litigation over water rights and newly proposed regulations over water use — some specific to the oil and gas industry — have companies exploring alternatives to using freshwater when hydraulically fracturing a well, says Thomas Goslin of Weil Gotshal & Manges LLP.