Pennsylvania

  • December 22, 2014

    3rd Circ. Told NJ Gay Conversion Ban Thwarts Parental Choice

    A New Jersey couple challenging a state law banning the use of talk therapy to alter the sexual orientation of minors told the Third Circuit in a reply brief the law is unconstitutional and the present case is distinguishable from another failed challenge to it.

  • December 22, 2014

    Ex-Philly Traffic Court Judge Hit With Ethics Complaint

    A former judge who was accused in the Philadelphia Traffic Court ticket-fixing scandal and was later acquitted of conspiracy and fraud charges was slapped with a complaint by the Pennsylvania Judicial Conduct Board on Monday.

  • December 22, 2014

    Starwood Sells Philly Airport Hotel Complex In $30M Deal

    Starwood Hotels and Resorts Worldwide Inc. has sold its Philadelphia Airport Complex, encompassing Four Points, Sheraton and Aloft-branded hotels, to real estate investment firm The Lightstone Group in a deal worth up to $30 million, the companies announced Monday.

  • December 22, 2014

    Pa. Court Upholds Post-Merger Asbestos Liability Cap

    A Pennsylvania appeals court issued a published decision on Monday upholding the constitutionality of a law limiting the liability for Pennsylvania-based businesses that may have merged with companies facing the risk of asbestos liability.

  • December 22, 2014

    Ford Roof Defect Suit Can't Get Past Pa. En Banc Panel

    An en banc panel of the Pennsylvania Superior Court on Monday upheld an earlier three-judge panel’s decision that Ford Motor Co. was not liable for an automobile accident that left a mother paralyzed and caused serious injuries to her daughter.

  • December 22, 2014

    Pa. Justices Won't Discipline Ex-Philly Traffic Court Judge

    A divided Pennsylvania Supreme Court on Friday dropped its bid to discipline a judge with the now-defunct Philadelphia Traffic Court for refusing to cooperate with an internal investigation into a ticket-fixing scandal that resulted in the indictment of a group of her colleagues.

  • December 22, 2014

    Pa. Woman Sues Uber Over Altercation With Philly Driver

    A Pennsylvania woman has sued Uber Technologies Inc. in state court over an incident in which one of its drivers allegedly left his car in Center City Philadelphia and repeatedly punched her in the face.

  • December 22, 2014

    Pennsylvania Appeals Court OKs $12M PPL Power Line

    The Pennsylvania Commonwealth Court on Monday agreed to greenlight a $12 million PPL Electric Utilities Corp. transmission line after ruling that the company could rely on its own internal performance guidelines to prove a need for the project in proceedings before the state's Public Utility Commission.

  • December 22, 2014

    Pepper Hamilton To Fight Discovery Order In Penn State Row

    Pepper Hamilton LLP on Friday filed notice that it would appeal a November Pennsylvania state court order mandating that it turn over documents from an independent investigation into the Jerry Sandusky sex abuse scandal at the Pennsylvania State University.

  • December 19, 2014

    Bankruptcy Attys, Trustees Back Baker Botts' Meta-Fee Bid

    Former bankruptcy judges from Texas and Pennsylvania, a trustee association and others have filed briefs supporting Baker Botts LLP in its Supreme Court case over awards for defending core fees in miner Asarco LLC's bankruptcy, saying the Fifth Circuit's disapproval of those awards creates a “perverse incentive” for spurious fee challenges.

  • December 19, 2014

    NJ Asks High Court to Review Power Plant Subsidies Denial

    The New Jersey Board of Public Utilities asked the U.S. Supreme Court to review an appeals court decision rejecting the state’s subsidy program aimed at spurring construction of new gas-fired power plants, arguing that the program is within the state’s dual regulatory authority with the federal government.

  • December 19, 2014

    Retiring Pa. Chief Justice Pegs Legacy On Fracking Decision

    As he prepares to leave the bench at the end of the year, the retiring chief justice of the Pennsylvania Supreme Court told Law360 in an interview that his legacy would live on through a 2013 ruling finding that statewide hydraulic fracturing rules violated constitutionally enshrined environmental protections.

  • December 19, 2014

    Reckitt Asks Judge To Again Consider Axing Suboxone Suit

    Reckitt Benckiser Inc. has urged a Pennsylvania federal judge to reconsider his decision to allow Suboxone buyers to pursue claims that the drugmaker violated antitrust law by using a "product-hopping" scheme to delay generic competition for the opiate addiction treatment.

  • December 19, 2014

    FERC Approves $607M Leidy Gas Pipeline Project

    Natural gas pipeline group Transcontinental Gas Pipe Line Co. LLC won approval from the Federal Energy Regulatory Commission on Thursday to build its 30-mile Leidy Southeast pipeline expansion project and to abandon a compressor engine in Pennsylvania.

  • December 19, 2014

    Teva, Pliva Ask High Court To Weigh Pa. Reglan Preemption

    Generic-drug makers have asked the U.S. Supreme Court in three petitions to review a Pennsylvania appellate court ruling that the product liability claims of thousands of generic Reglan users weren't necessarily preempted by federal law.

  • December 19, 2014

    Report Clears Remaining Pa. Justices In Porn Email Scandal

    A report commissioned by the Pennsylvania Supreme Court in the wake of a pornographic email scandal involving now-retired Justice Seamus McCaffery on Friday revealed that no additional inappropriate emails traveled between the court and the state Attorney General’s Office.

  • December 19, 2014

    $450M Live! Casino License Faces Pa. High Court Challenge

    At least two of the losers in the fight to secure the second and final license for a Philadelphia casino on Thursday launched a Pennsylvania Supreme Court appeal of a November decision that favored Stadium Casino LLC's $450 million Live! Hotel & Casino Philadelphia proposal.

  • December 18, 2014

    3rd Circ. Affirms Life Term For NJ Atty In Witness Murder Plot

    The Third Circuit on Thursday affirmed the conviction and life sentence of a former New Jersey criminal defense attorney convicted of using his law practice as a racketeering enterprise through which he plotted murder and facilitated drug trafficking and prostitution.

  • December 18, 2014

    Kogan Trichon Breached Office Lease Deal, Pa. Judge Says

    After rejecting arguments that the owners of a Philadelphia office tower refused to engage in good faith negotiations, a Pennsylvania state judge refused to reconsider a ruling that Kogan Trichon & Wertheimer PC breached a lease agreement for its former offices.

  • December 18, 2014

    Rohm & Haas Settles Ill. Cancer Cluster Toxic Tort In Pa.

    Dow Chemical Co. unit Rohm & Haas Co. has settled 33 cases in a Pennsylvania state court toxic tort in which plaintiffs claimed the company’s improper disposal of chemicals near an Illinois plant caused brain cancer.

Expert Analysis

  • Trending In 3rd Circ.: Motions To Strike Class Allegations

    Charlotte E. Thomas

    To be sure, courts remain cautious about striking class allegations for the same reason that they are cautious about dismissing a complaint under Rule 12(b)(6). However, motions to strike class allegations can provide an early and cost-effective means of avoiding class treatment, and in clear cases, they can be economical for courts as well, says Charlotte Thomas of Duane Morris LLP.

  • Tracking State Data Protection Enforcement In 2014

    Heather Egan Sussman

    In 2014, state attorneys general continued to play the important parallel roles they have developed in recent years by expanding their use of joint, multistate investigations into data breaches and state legislatures introduced bills on issues such as revenge porn and students' personal and social media information, say attorneys at McDermott Will & Emery LLP.

  • Year In Review: 2014 State And Local Employment Laws

    Susan Gross Sholinsky

    In 2014, states, cities, counties and other localities have been busy picking up Congress' slack on employment law by introducing bills and enacting laws on issues such as ban the box, sick leave and pregnancy accommodation, say Susan Gross Sholinsky and Nancy Gunzenhauser of Epstein Becker & Green PC.

  • Tips For Managing E-Discovery In State Courts

    Ethan Hastert

    The Federal Rules of Civil Procedure were amended in 2006 to provide a uniform set of rules across the federal courts to govern the preservation, collection and production of electronically stored information, and most companies that regularly litigate complex disputes are familiar with them. At the state level, however, counsel must navigate an often unfamiliar and disparate legal landscape, say Ethan Hastert and Corwin Carr of Mayer Brown LLP.

  • May State And Local Gov'ts Control Low-Flying Drones?

    William O’Connor

    While most of the attention paid to drones has focused on issues of Federal Aviation Administration authority, state and local governments are increasingly asserting regulatory authority over drones and citing the need to protect the health and safety, including privacy, of residents. Do they have this authority? This question will only become more critical, say attorneys with Morrison & Foerster LLP.

  • A New Era Of Simplified M&A In Pennsylvania

    Perry S. Patterson

    Though Pennsylvania's new Entity Transaction Law is expected to streamline and simplify transactions from a process perspective, the various state and federal tax implications that are often drivers of transaction goals and outcomes could give rise to significant tax gains despite simplified transaction structures, say attorneys with Buchanan Ingersoll & Rooney PC.

  • And Now A Word From The Panel: End Of An Era

    Alan E. Rothman

    As the Judicial Panel on Multidistrict Litigation heads to Charleston, South Carolina, for its Dec. 4 hearing, let's take a moment to acknowledge a changing of the guard as Judge John Heyburn II, panel chairman for the past seven years, passes the torch. The panel also welcomes its newest member, from the Eastern District of Missouri, says Alan Rothman of Kaye Scholer LLP.

  • Caution: Flaws Of The Attorney-To-Secretary Ratio

    Sharon Quaintance

    Most sophisticated law firms have found that firmwide attorney-to-secretary ratios do not truly indicate whether a firm is staffed efficiently. At best, these ratios could be considered a baseline measurement or a high-level indicator of whether a firm is “progressive.” But there are some reasons why one should be skeptical of the numbers, says Sharon Quaintance of HBR Consulting.

  • States Still Fighting Bad-Faith Patent Infringement Claims

    Michael Martinez de Andino

    With 17 states having enacted legislation against bad-faith patent infringement assertions and 12 reviewing proposed legislation, states are sending a clear message that the current patent demand letter business model is insufficient to protect companies from unscrupulous patent holders, say Michael Martinez de Andino and Matthew Nigriny of Hunton & Williams LLP.

  • Pa. High Court Tort Ruling Is Relief To Local Gov't

    Casey A. Coyle

    Zauflik v. Pennsbury School District represents a significant victory for local governments — had the Pennsylvania Supreme Court reached a contrary result it could have served as a catalyst for renewed challenges to the constitutionality of governmental immunity statutes nationwide, says Casey Coyle of Eckert Seamans Cherin & Mellott LLC.