• September 17, 2014

    Insurer Says Chancery Erred By Not Halting Mine Safety Suits

    North River Insurance Co. on Wednesday told the Delaware Supreme Court that the Chancery Court erred by not enjoining Mine Safety Appliances Co., which faces myriad personal injury claims, from participating in coverage litigation in West Virginia or filing other coverage claims than what’s pending in Pennsylvania and Delaware.

  • September 17, 2014

    Pa. High Court Nixes Teva Appeal In Reglan Preemption Fight

    The Pennsylvania Supreme Court on Wednesday rejected an appeal by Teva Pharmaceuticals USA Inc. and other generic drugmakers battling a lower court’s ruling that product liability claims of thousands of generic Reglan users weren’t necessarily preempted by federal law, allowing their suits over the digestive drug to proceed.

  • September 17, 2014

    Ex-Goldman VP Asks 3rd Circ. To Rehear $2.3M Fee Case

    A former Goldman Sachs vice president on Tuesday asked the Third Circuit to rehear its decision reversing an order requiring Goldman Sachs Group Inc. to pay $2.3 million for his legal bills over charges for theft of high-frequency-trading code, saying the appeals court overlooked decisions contradicting its reasoning.

  • September 17, 2014

    Reckitt Says Suboxone 'Product-Hopping' Didn't Harm Buyers

    Reckitt Benckiser Group PLC's move to discontinue Suboxone tablets, in lieu of a new dissolving-film version of the opiate addiction treatment, presented no antitrust injury for classes of purchasers who claim they were denied generic alternatives, a Pennsylvania federal judge heard Wednesday.

  • September 17, 2014

    Pa. Lawmaker Pushes For State Fracking Health Registry

    A Pennsylvania state lawmaker has introduced a bill that would establish a statewide registry to keep track of health complaints related to hydraulic fracturing.

  • September 17, 2014

    Avax Must Pay $5.8M For Breached Cancer Vaccine Contract

    A Pennsylvania federal judge on Tuesday entered a judgment by confession for $5.8 million against Avax Technologies Inc. in the breach of contract suit over vaccines brought against it by Cancer Treatment Centers of America Inc., together with post-judgment interest.

  • September 17, 2014

    Pa. Man Pleads Guilty To Exporting Lab Equipment To Syria

    A Pennsylvania man on Tuesday pled guilty in federal court to conspiring to illegally export laboratory equipment, including items used to detect chemical warfare agents, from the United States to Syria.

  • September 17, 2014

    Auxilium Takes Poison Pill After $2.2B Endo Offer

    Auxilium Pharmaceuticals Inc. has swallowed a poison pill the day after receiving a $2.2 billion unsolicited takeover offer from pharmaceutical company Endo International PLC, rebuffing the deal on Wednesday as it pursues a merger with Canadian eye-drug maker QLT Inc.

  • September 17, 2014

    Enviros Slam Permit Letting Range Use Drill Cuttings At Well

    A consortium of environmental groups have launched an appeal challenging an experimental permit issued to Range Resources Corp. by the Pennsylvania Department of Environmental Protection allowing the company to use cuttings from a natural gas well in place of cement at a test well pad in Lycoming County.

  • September 17, 2014

    Cone Midstream Plans $368M IPO As Oil & Gas Listings Rise

    Cone Midstream Partners LP, a master limited partnership created by Consol Energy Inc. and Noble Energy Inc. to operate assets in the Marcellus Shale, set the stage Wednesday to raise as much as $367.5 million in its initial public offering amid a surge in listings by oil and gas companies.

  • September 16, 2014

    Sullivan & Cromwell Reps Endo In $2.2B Auxilium Offer

    Endo International PLC on Tuesday offered to buy men's health products company Auxilium Pharmaceuticals Inc. for $2.2 billion in cash and stock, offering $28.10 per share at a 40 percent premium to Auxilium's average closing price over the previous 30 days, Endo said.

  • September 16, 2014

    Philly Building Collapse Defendants Face Joint Criminal Trial

    A Pennsylvania state judge ruled on Tuesday that the two defendants charged in the catastrophic 2013 Philadelphia building collapse that killed seven and injured 13 will face a joint trial.

  • September 16, 2014

    3rd Circ. Won't Revive FirstEnergy's $250M Rate Suit

    The Third Circuit on Tuesday rejected two FirstEnergy Corp. subsidiaries’ arguments that they should be able to challenge in federal court a Pennsylvania agency’s decision that prevented them from billing customers for $250 million worth of lost electricity, ruling the companies already had appealed in state court.

  • September 16, 2014

    Court OKs Moving Pa. Atty's Child Abuse Defamation Suit

    The Pennsylvania Superior Court ruled Tuesday that a lawsuit accusing Robb Leonard Mulvihill LLP and Erie Insurance Co. of investigating a Pittsburgh attorney on child molestation claims they knew were false was properly transferred out of the plaintiff’s chosen venue of Philadelphia.

  • September 16, 2014

    Lyft, Uber Ridesharing Bids Fall Short, Pa. Insurers Say

    The Insurance Federation of Pennsylvania Inc. told the state’s Public Utilities Commission in filings Monday that Lyft Inc. and Uber Technologies Inc.’s applications to provide ridesharing services fall short in protecting the public, arguing the companies supply insufficient insurance.

  • September 16, 2014

    Disney Says Pa. Theater Stole The Shows, Characters, Songs

    The Walt Disney Co. on Monday urged a Pennsylvania federal court to rule that Pennsylvania-based American Music Theatre committed copyright and trademark infringement when the company staged a revue of Broadway highlights that included properties such as “Spider-Man,” “The Lion King” and “Marry Poppins.”

  • September 16, 2014

    EPA Carbon Rule Could Doom Coal, Pa. Lawmakers Warned

    Energy producers warned a group of Pennsylvania lawmakers on Tuesday that the U.S. Environmental Protection Agency’s plans to reduce carbon dioxide emissions posed an existential threat to the state’s coal industry and could lead to power shortages as plants are forced to close.

  • September 15, 2014

    Faulty Wells Leak Gas To Marcellus, Barnett Water, Study Says

    Fracking in the Marcellus and Barnett shales isn’t leading to groundwater contamination, but improperly drilled wells are allowing fugitive shale gas to leak into groundwater, according to a study released Monday.

  • September 15, 2014

    Noel Canning Halts NLRB's Appeal, New Vista Tells 3rd Circ.

    New Vista Nursing and Rehabilitation LLC urged the Third Circuit on Monday to table the rehearing of a National Labor Relations Board appeal in an unfair labor practices dispute because two agency orders at issue involve two agency members found to be invalidly appointed in the U.S. Supreme Court's blockbuster Noel Canning ruling.

  • September 15, 2014

    ACE Won't Pay Amerisource's Attys' Fees After Pa. Appeal

    The Pennsylvania Superior Court on Monday upheld a decision finding that ACE American Insurance Co. is not on the hook to reimburse AmerisourceBergen Corp. for attorneys' fees and related costs in defending a False Claims Act suit that led to a $15 million settlement.

Expert Analysis

  • Class Ascertainability Continues To Become More Concrete

    David C. Kistler

    In the most recent example of a district court addressing ascertainability based on the Third Circuit's Marcus, Hayes and Carrera rulings, the matter of Paulsboro Derailment Cases demonstrates that, outside of consumer fraud class actions, plaintiffs can still overcome ascertainability, say David Kistler and Rachel Gallagher of Blank Rome LLP.

  • 'After-Acquired Title' Doctrine Case Should Draw Attention

    Anthony R. Holtzman

    Oil and gas producers should have an interest in the Pennsylvania Supreme Court's eventual ruling in Shedden v. Anadarko E&P Company LP as it will consider payments under the “after-acquired title” doctrine. Industry may want to participate in an amicus curiae given the policies the doctrine serves, say Anthony Holtzman and George Bibikos of K&L Gates LLP.

  • What FTC Is Saying In 1st Post-Actavis Pay-For-Delay Case

    Steven Sunshine

    The Federal Trade Commission’s complaint in FTC v. AbbVie Inc. marks a key development because it is the first FTC reverse-payment case to be filed in the wake of Actavis. It also represents a departure from the FTC’s approach in these cases in that it alleges that the underlying patent infringement litigation was baseless and motivated by anti-competitive purposes, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • What Investment Advisers Can Learn From TL Ventures Case

    Theodore R. Franzese

    Investing in strong compliance policies and effective procedures can provide considerable cost savings when the alternative might be up to two years of lost advisory fees, as seen in the U.S. Securities and Exchange Commission’s first pay-to-play action against Pennsylvania adviser TL Ventures Inc., say Theodore Franzese and Michael Wible of Thompson Hine LLP.

  • Job Applications Can Cut Short Protracted Litigation

    Keith J. Rosenblatt

    With the decision in Rodriguez v. Raymours Furniture Company Inc., New Jersey’s judiciary joined federal or state courts in several other states that have permitted parties to the employment relationship to “agree” upon shorter limitations periods for employment-related claims. Employers following this approach should consider five guidelines, say Keith Rosenblatt and Rachel Seaton of Littler Mendelson PC.

  • The Glass Slipper: Searching For The FCA Case That Fits

    R. Scott Oswald

    The manner in which Rule 9(b) is being used as a sword to strike down worthy False Claims Act claims and relators — as opposed to a shield against unmeritorious allegations — is wholly inconsistent with the purposes of the law, says R. Scott Oswald of The Employment Law Group PC.

  • 3rd Circ. Curtails Review For Error At Sentencing

    Daniel Wenner

    Appealing a sentence based on procedural error just got harder in the Third Circuit. Following U.S. v. Flores-Mejia, to avoid plain-error review, defense counsel must be vigilant during sentencing hearings to point out to the district court all possible procedural errors after the sentence is imposed, says Daniel Wenner of Day Pitney LLP.

  • 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.