Pennsylvania

  • May 1, 2015

    Mylan Sues Kirkland Ellis Over Teva Takeover Bid

    A unit of Mylan NV lobbed a suit in Pennsylvania court against Kirkland & Ellis LLP on Friday accusing the law firm of a conflict of interest for representing Teva Pharmaceutical Industries Ltd. in its $40 billion hostile takeover attempt, which Mylan rejected earlier this week.

  • May 1, 2015

    Ex-NJ Deputy Mayor Blasts Feds' Opposition In Cert. Bid

    A former deputy mayor of Newark, New Jersey, convicted on extortion conspiracy charges and currently seeking review by the U.S. Supreme Court over a disputed requirement to show an “overt act” to convict, has told the court that, contrary to the government's contention, his case is ripe for review.

  • May 1, 2015

    MDL Judge Mourns Weinstein Partner's Death In Court Order

    The Pennsylvania federal judge presiding over a multidistrict antitrust case on egg products paid tribute Friday in a unique order to one of the lead plaintiffs' attorneys in the case, Weinstein Kitchenoff & Asher LLC partner Steven A. Asher, who died this week of melanoma.

  • May 1, 2015

    SEPTA Wins Appeal Forcing Injured Conductor To Arbitration

    A Southeastern Pennsylvania Transportation Authority train conductor can't move his personal injury claim from arbitration to a trial court, a Pennsylvania Commonwealth Court ruled Friday in a split opinion that sealed an appeals victory for the agency.

  • May 1, 2015

    Pa. May Pick Up The Pieces If High Court Cuts Down ACA

    Pennsylvania Gov. Tom Wolf told the U.S. Department of Health and Human Services Friday that his government was working on a proposal to cover more than 380,000 Pennsylvanians who may see their health coverage taken away by a U.S. Supreme Court ruling on the Affordable Care Act later this year.

  • May 1, 2015

    Shale Gas Workers Get $1.25M In OT Settlement

    A Pennsylvania federal magistrate judge has tentatively signed off on a Texas-based energy services company’s $1.25 million settlement of claims that it stiffed shale gas wellpad workers on overtime pay.

  • May 1, 2015

    Judge In Ex-Penn State President's Defamation Suit Recused

    A Pennsylvania judge Wednesday recused himself from presiding over former Penn State University president Graham Spanier's case against former FBI director Louis Freeh for allegedly defaming Spanier in a report detailing an alleged cover-up of child sex abuse.

  • May 1, 2015

    Aetna Can't Dodge Clinic's Underpayment Claims

    A Pennsylvania federal judge has largely refused to throw out a surgical clinic’s claims against Aetna Inc. over alleged underpayments, rejecting assertions that the outpatient center can't enforce a network reimbursement agreement.

  • May 1, 2015

    Raynes Boss Describes Doubts About Anapol Schwartz Hire

    The owner of personal injury firm Raynes McCarty testified Friday that he was alarmed to discover that Jeffrey Downs, the Anapol Schwartz attorney whom his firm had been poised to hire in 2012, had sought to keep his supervisor in the dark when raising concerns about discrimination at his old firm.

  • May 1, 2015

    Pa. Ruling Not The Last Word On 3rd-Party Claims By Insurers

    A recent Pennsylvania Supreme Court decision finding that employers and insurers can't independently sue third parties to recoup payouts made to injured workers will not completely foreclose recovery for the cost of workers' compensation claims in the state, attorneys say.

  • May 1, 2015

    Zelle Hofmann Grows Insurance Practice With 3 New Offices

    Zelle Hofmann Voelbel & Mason LLP announced Thursday that it has expanded its insurance practice with the addition of 11 attorneys from The Chartwell Law Offices, the opening of offices in New York, Philadelphia and Miami, and the expansion of its existing Boston office.

  • April 30, 2015

    3rd Circ. Pans NLRB's Analysis Of Withheld Benefits Claim

    In a precedential ruling on unfair labor practices, a Third Circuit panel on Wednesday suggested the National Labor Relations Board failed to examine a New Jersey health care facility’s motives, as dictated by case law, when it determined that the employer improperly withheld benefits from workers mulling unionization.

  • April 30, 2015

    Discovery Tightened In FTC's AbbVie Pay-For-Delay Suit

    A Pennsylvania federal judge limited discovery Thursday to the sham litigation alleged in the first count of the Federal Trade Commission's suit against AbbVie Inc., which is accused of keeping Teva Pharmaceuticals USA Inc.'s generic AndroGel off the market.

  • April 30, 2015

    Pa. Justices Told Nonprofit Attys Shouldn't Owe Duty To Public

    The Association for Corporate Counsel filed an amicus brief on Thursday urging the Pennsylvania Supreme Court to uphold a decision finding that attorneys for nonprofit corporations do not have a fiduciary duty requiring that they report suspected theft or wrongdoing to law enforcement.

  • April 30, 2015

    Saxton & Stump Health Care Law Firm Opens In Central Pa.

    Two former Stevens & Lee PC attorneys announced Thursday the official opening of their full-service health care litigation defense firm Saxton & Stump LLC based in central Pennsylvania, employing 40 professionals, including 16 former Stevens & Lee attorneys.

  • April 30, 2015

    Real Estate Moguls On The Move

    Amid a slew of promotions, the real estate industry was abuzz in April with reports that Vornado's retail division is in for a shake-up, that Trammell Crow is taking another stab at Seattle after nabbing a key hire, and that a pair of Marcus & Millichap vets are launching their own multifamily firm.

  • April 30, 2015

    Ex-Anapol Schwartz Atty Says Friend Advised Threat To Sue

    Former Anapol Schwartz attorney Jeffrey Downs acknowledged that he agreed with a confidante’s recommendation to threaten litigation against the firm even if he salvaged a job opportunity at Raynes McCarty, as testimony continued Thursday in the trial over his former employers’ communications to leadership at the latter firm.

  • April 30, 2015

    3rd Circ. Renews Restaurant.com Suit For Lead Plaintiffs Only

    The Third Circuit partially revived a putative class action against Restaurant.com Inc. over gift certificate expiration dates on Thursday, ruling a New Jersey Supreme Court decision on state consumer contract protections should apply retroactively to the named plaintiffs but not the class.

  • April 30, 2015

    Out-Of-Staters Can't Void Pa. Releases, Appeals Court Says

    The Pennsylvania Superior Court on Wednesday ruled that a New York schoolteacher who signed a liability release before chaperoning a whitewater rafting field trip that she was injured on couldn’t apply New York law to void the release.

  • April 30, 2015

    ViroPharma Prescribes $8M To Cure Investor Suit

    A class of ViroPharma Inc. shareholders claiming the company intentionally misled investors regarding market exclusivity for its signature gastrointestinal antibiotic asked a Pennsylvania federal judge Wednesday to approve an $8 million settlement reached through mediation, saying continued litigation could reduce or eliminate future recovery.

Expert Analysis

  • FTC Is No Longer DOJ’s Little Brother In Antitrust Remedies

    Donald E. Lake III

    A Pennsylvania federal court's recent decision in Federal Trade Commission v. Cephalon Inc. and the Cardinal Health Inc. settlement indicate that the FTC now views its role as not only to prevent repeat antitrust violations through injunctive relief, but to more aggressively complement the U.S. Department of Justice and private plaintiffs for recovery of what it deems ill-gotten gains of anti-competitive behavior, say Donald Lake a... (continued)

  • Why REMS Abuse Doesn't Belong In Antitrust Litigation

    Anna Fabish

    When asked to identify the next generation of antitrust claims in the pharmaceutical industry, many would respond with an acronym: REMS. But these “risk evaluation and mitigation strategy” programs are a creature of the U.S. Food and Drug Administration, and thus the FDA — not the courts or the antitrust laws — is the more appropriate vehicle for addressing alleged REMS abuse, says Anna Fabish of O'Melveny & Myers LLP.

  • 10 Topics For Corporate Counsel To Consider On Coal Ash

    Kirsten L. Nathanson

    The U.S. Environmental Protection Agency's regulations on the disposal of coal combustion residuals are the first of their kind under the Resource Conservation and Recovery Act's Subtitle D enforcement structure, which grants enforcement authority to states and citizens rather than to the EPA, say attorneys at Crowell & Moring LLP.

  • A Trend Toward More State Focus On Lawyer Mobility?

    Allison Martin Rhodes

    The efforts of state bar regulators in three large legal markets — Florida, New York and now Virginia — are almost certainly an indication of increased regulation to come in the area of lawyer mobility, say attorneys with Holland & Knight LLP.

  • 3rd Circ. Affirms Use Of Daubert To Fight Class Cert.

    Andrew Finch

    With its recent ruling in the Blood Reagents Antitrust Litigation, the Third Circuit has joined the Seventh, Eighth and Ninth Circuits in requiring that district courts take Daubert into account when assessing expert testimony at the class certification stage, say Andrew Finch and William Michael of Paul Weiss Rifkind Wharton & Garrison LLP.

  • Virginia's ‘Rocket Docket' Continues To Roar

    Robert M. Tata

    The Eastern District of Virginia ― known as the “Rocket Docket” ― had the fastest trial docket in the country in 2014, for the seventh year in a row. The median time interval to trial was 12.5 months. That’s compared to a nationwide average of 24.9 months to try a case, says Robert Tata, managing partner of Hunton & Williams LLP's Norfolk, Virginia, office.

  • Inside CMS Proposed Mental Health Parity Rules

    Caroline Brown

    Although much of the content of the Centers for Medicare and Medicaid Services' long-awaited proposed rules for mental health parity in Medicaid and the Children’s Health Insurance Program was expected, there are several provisions that may be challenging for states and Medicaid managed care entities to comply with, if they are finalized in their current form, say Caroline Brown and Phil Peisch of Covington & Burling LLP.

  • Choking Off Native American Economic Development

    William M. Isaac

    I wanted to see firsthand what might be wrong with the Native American e-commerce businesses that Operation Choke Point found threatening and offensive, so I traveled across the country to meet with tribal and business leaders and observe their business practices and policies. What I found wasn’t some hidden conspiracy, terrible scheme or secret criminal enterprise, says William M. Isaac, head of financial institutions at FTI Consu... (continued)

  • The Latest Litigation Over FCA Public Disclosure Bar

    Jennifer Tracy

    In holding that the government’s audit and investigation did not constitute a “public disclosure” in U.S. v. Shell Exploration, the Fifth Circuit recently aligned with the holdings of several other circuits, including the First, Fourth, Sixth, Ninth, Tenth and D.C. Circuits, and disagreed with the Seventh Circuit’s interpretation of the statute, say Jennifer Tracy and Eric Teasdale of Choate Hall & Stewart LLP.

  • FTC V. Wyndham: Recent Developments And Implications

    Abraham J. Rein

    The Third Circuit, in Federal Trade Commission v. Wyndham Hotels and Resorts LLC, appears to be considering turning the case away on improper-forum grounds, meaning that a federal court will have no occasion to consider the FTC’s position that businesses are on notice of cybersecurity requirements by virtue of a variety of FTC complaints, say Marc Perry and Abraham Rein of Post & Schell PC.