Pennsylvania RSS

  • April 22, 2014

    US Ducks $3M Indemnity Suit Over Navy Ship Towing Injury

    A Pennsylvania federal court has dismissed a suit claiming the U.S. government was liable for more than $2.8 for a worker’s injury sustained during a job towing a decommissioned Navy warship out of a Philadelphia Navy yard, saying there had been no contract between the government and the plaintiff.

  • April 22, 2014

    Budget Gets Suit Over Damage Insurance Charges Trimmed

    A Pennsylvania federal judge on Tuesday trimmed a class action accusing Budget Rent A Car System Inc. of overcharging customers who decline loss damage waiver coverage and return the vehicle in a damaged condition, saying some of the allegations failed to state a claim.

  • April 22, 2014

    NCAA Asks Court To Rethink Seeking PSU Input On $60M Fine

    The NCAA on Monday asked a Pennsylvania appeals court to reconsider a recent finding that a consent order leveling $60 million in fines against Pennsylvania State University following the Jerry Sandusky sex abuse scandal requires the school’s input to be considered valid.

  • April 22, 2014

    MERS Can't Kill Pa. Deed Recorders' Class Action

    A Pennsylvania federal judge on Monday upheld the constitutionality of a statute requiring the registration of deeds, in a ruling that keeps alive a class action brought by Pennsylvania counties alleging that Mortgage Electronic Registration Systems Inc. violated the law.

  • April 22, 2014

    The Accidental Advocate: Judge John E. Jones III

    Pennsylvania Middle District Judge John E. Jones III talks to Law360 about the surreal aftermath of his divisive ruling against intelligent design as he prepares for yet another potentially explosive trial over Pennsylvania's same-sex marriage ban.

  • April 22, 2014

    State Climate Actions Stumble On Dormant Commerce Clause

    A recent ruling that a Minnesota emissions law effectively barring electricity use from new coal-fired power plants is unconstitutional is the latest example of the dormant Commerce Clause impeding states' ability to regulate climate change, and experts say such legal skirmishes will continue until the U.S. Supreme Court sets clear, constitutional boundaries for states' climate policies.

  • April 22, 2014

    Freeh Urges Pa. Appeals Court To Nix Stay In Libel Suit

    A Pennsylvania state judge wrongly allowed ex-Penn State University chief Graham Spanier to stay a libel suit he launched against former FBI Director Louis Freeh following an independent report that criticized Spanier's handling of the Jerry Sandusky sex abuse scandal, a state appeals court heard Tuesday.

  • April 22, 2014

    Pa. County Exec Floats $247M Capital Projects Funding Plan

    Allegheny County Executive Richard Fitzgerald on Monday proposed a bill to the Allegheny County Council to consider issuing up to $247 million in bonds to refinance debt and fund potential capital projects for bridges, roads and upgrades to the Pennsylvania county’s public transportation system.

  • April 22, 2014

    Bayer Says IRS Has Burden Of Proof In $175M R&D Tax Row

    In its protracted battle with the Internal Revenue Service over $175 million in research and development tax credits, Bayer Corp. on Tuesday asked a Pennsylvania federal judge to shift the burden of proof to the IRS, saying the agency arbitrarily denied the credits.

  • April 22, 2014

    IMS Health Launches New Coverage Suit Over Antitrust Claims

    IMS Health Inc. sued Zurich American Insurance Co. in Pennsylvania court Friday for allegedly springing a lawsuit in Connecticut while the two were still negotiating coverage of a rival pharmaceutical and health care data provider’s accusations of market monopolization.

  • April 22, 2014

    Pa. Rep. Offers Booze Law Changes As Privatization Back-Up

    A Pennsylvania state lawmaker on Monday introduced a bill that would make sweeping changes to the operation of state-owned liquor stores as a back-up plan in case efforts to privatize the system fail to pass the state’s General Assembly.

  • April 22, 2014

    XTO Loses Bid For More Info On Fracking Spill Prosecution

    A Pennsylvania state judge on Thursday denied a request by XTO Energy Inc. to uncover details about the state’s case against it in a prosecution stemming from the Exxon-Mobil Corp. unit’s alleged spill of more than 50,000 gallons of toxic wastewater from a Marcellus Shale gas well site.

  • April 22, 2014

    Pa. Court Urged To End PUC's Local Fracking Law Review

    The Pennsylvania Supreme Court's landmark December decision gutting a law establishing uniform rules for the oil and gas industry should also bar the state Public Utility Commission from reviewing local zoning ordinances aimed at regulating drilling activity, the law's opponents argued in court filings Monday.

  • April 22, 2014

    Corbett Tells Judge Pa. Has Right To Bar Same-Sex Marriage

    Pennsylvania Gov. Tom Corbett’s administration argued that the state’s Legislature holds the right to prohibit same-sex marriage, when it joined plaintiffs Monday in pushing a federal judge to rule on the legal issues at stake rather than holding a trial.

  • April 22, 2014

    Sales Tax Cuts Amazon Purchases By 10%, Study Finds

    The institution of sales taxes on online purchases in several states across the U.S. caused an almost 10 percent drop in online retailer Amazon.com Inc.’s sales, according to research released this month by The Ohio State University.

  • April 21, 2014

    Endo Hit With TCPA Junk Fax Suit Over Unsolicited Drug Ads

    A medical group practice filed a putative class action against Endo Pharmaceuticals Inc. in Pennsylvania federal court Monday, alleging the company violated junk fax laws under the Telephone Consumer Protection Act by sending out unsolicited faxes advertising the company’s Lidoderm and Opana ER prescription pain relief drugs.

  • April 21, 2014

    Iqbal Dooms Wages Suit Against Lenders, 3rd Circ. Told

    Two mortgage lenders accused of violating state and federal overtime rules on Thursday cited the Supreme Court's Iqbal decision in urging the Third Circuit to grant an en banc rehearing after a three-judge panel revived a former mortgage underwriter's wages suit. 

  • April 21, 2014

    4 Reasons Comcast-Time Warner Divestments Fall Short

    Reports trickled out over the weekend that cable giants Comcast Corp. and Time Warner Cable Inc. are planning to divest $20 billion in assets, including 3 million subscribers, to quell regulatory concerns tied to their proposed blockbuster merger. But while the move helps quiet monopoly worries, a handful of other issues keep the contentious deal in limbo.

  • April 21, 2014

    J&J, Ethicon Fight Against Pa. Pelvic Mesh Remand

    Johnson & Johnson and its subsidiary Ethicon Inc. on Monday hit back at plaintiffs’ efforts to remand a set of pelvic mesh tort suits to Pennsylvania state court, arguing that the move to include Secant Medical Inc. as a defendant threatened efficiencies created by the multidistrict litigation over the matter.

  • April 21, 2014

    Chesapeake Can't Appeal Drilling Trust Ruling, Court Says

    The Pennsylvania Superior Court on Monday halted a bid by Chesapeake Appalachia LLC to create a trust under the state’s Dormant Oil and Gas Act in order to develop a tract for drilling, concluding the company had appealed an order that was not final.

Expert Analysis

  • Mandatory Pro Bono Is Not The Answer For Practitioners

     Amanda D. Smith

    The State Bar of California has decided to follow New York's lead and require prospective attorneys to record 50 hours of pro bono service in order to be eligible for admission. While we applaud the intentions behind these initiatives, there are a number of reasons why state bars should limit any mandatory pro bono requirement to this context, rather than extend it to licensed attorneys as some have suggested, say attorneys with the Association of Pro Bono Counsel.

  • The 3rd Circ. Stance On FLSA Liability For Successor Cos.

    Patrick J. McCarthy

    The Third Circuit recently ruled in Thompson v. Real Estate Mortgage Network that a successor company can be held liable for remedying Fair Labor Standards Act violations committed by a predecessor company. In light of this highly visible and expanding precedent, case law is clear that liability may apply even when successor employers are bona fide purchasers and specifically disclaim in agreements any liability for legal claims against the predecessor, say Patrick McCarthy and Kevin Skelly of Day Pitney LLP.

  • Earth Day And The Evolution Of Environmental Law

    Timothy J. Bergere

    Since 1970, environmental lawyers have been immersed in a myriad of federal, state and local environmental laws and regulations, beginning with the National Environmental Policy Act. As the movement has grown, Earth Day has become a placeholder for the idea that we can better manage our environment, and in the legal community, it reminds us that we must continue advancing the law with the goal of a cleaner environment in mind, says Timothy Bergere of Montgomery McCracken Walker Rhoads LLP.

  • Roadblocks To D&O Coverage For Subpoena Response Costs

    Benjamin D. Tievsky

    While it must be emphasized that a policyholder’s entitlement to coverage is dependent upon the precise language of the policy at issue and the specific facts of each case, the recognition by many courts that a subpoena is a “claim” under D&O policies opens the door for potential recovery in a variety of circumstances, says Benjamin Tievsky of Orrick Herrington & Sutcliffe LLP.

  • ALI Principles Of Insurance Should Concern Industry

    Randy J. Maniloff

    Far from being some secret Skull and Bones-like project, the American Law Institute's Principles of Liability Insurance are presently the most talked-about subject among liability insurance professionals. As for their possible significance for liability coverage issues, there wouldn’t be all this talk if there were nothing to see, says Randy Maniloff of White and Williams LLP.

  • Stop And Read Your Slowdown Insurance Policy

    Allen R. Wolff

    Insurance should cover income loss not only when operations are completely shuttered, but also when your business is partially suspended — a distinction important to hotel owners and operators, with services more likely to operate on a reduced level after a loss. Today, some policies affirmatively state the extent of business slowdown coverage to avoid court decisions that narrowly interpret coverage extended under older policy forms, say Allen Wolff and Vianny Pichardo of Anderson Kill PC.

  • Beware 'Jewel' Risks In Lateral Partner Hiring

    Pamela Phillips

    Jewel litigation has been filed after every major law firm bankruptcy in the past 10 years, including Lyon & Lyon, Brobeck, Coudert, Thelen, Heller and Howrey. These lawsuits have produced years of litigation, with similar suits expected in the Dewey bankruptcy. Despite the legal uncertainties surrounding such claims, hiring firms can take steps now to minimize their Jewel risk for any lateral hire, say attorneys with Arnold & Porter LLP.

  • Some Sanity Amid Skyrocketing TCPA Litigation

    John G. Papianou

    Federal courts have recently brought some sanity to Telephone Consumer Protection Act litigation and, specifically, what constitutes an automatic telephone dialing system. Until the Federal Communications Commission weighs in, defendants facing TCPA class actions may cite the Gragg, Hunt and Dominguez decisions for support or seek a stay of proceedings, says John Papianou of Montgomery McCracken Walker & Rhoads LLP.

  • Trending: State High Court Accord On 'Faulty Workmanship'

    Carl Salisbury

    In Arlo Guthrie's classic Thanksgiving ballad, he says that if 50 people a day were to walk into a military psychiatrist's office, sing a bar of "Alice's Restaurant" and then walk out, "then friends, they may think it's a movement. And that's what it is." Strange as it may seem, something akin to the Alice's Restaurant movement is happening in state supreme courts across the country — most recently with the Alabama Supreme Court decision in Owner's Insurance Co. v. Jim Carr Homebuilders LLC, says Carl Salisbury of Kilpatrick Townsend & Stockton LLP.

  • Pa. Lien Law May Hold Energy Projects To Be 'Improvements'

    Lisa P. Means

    Does the construction of a gas well or pipeline fall within the definition of "improvement" under Pennsylvania's current lien law? While the issue has not been decided by state courts, prior decisional law, legislative history and out-of-state case law all suggest such projects can be susceptible to mechanics lien filings. Indeed, no state has explicitly rejected the applicability of mechanics liens to a well or pipeline altogether, says Lisa Means of Reed Smith LLP.