• September 30, 2014

    Pa. Insurance Agent Charged With Securities Fraud

    A former AXA Equitable Life Insurance Co. agent pled guilty to securities fraud on Tuesday, the same day that federal prosecutors charged him with devising a scheme to defraud the company and its clients of more than $1.5 million.

  • September 30, 2014

    Allstate Pays $22M To Settle Pa. Bad-Faith Case

    Allstate Insurance Co. has reached a $22 million settlement with a Pennsylvania man who lost most of his right leg in an automobile accident, ending a state court suit that alleged the insurer improperly sought to avoid tendering a $250,000 policy, the plaintiff's attorney announced Tuesday.

  • September 30, 2014

    NFL Says NJ's Betting Directive Defies 3rd. Circ.

    The National Football League and other professional sports leagues on Monday blasted the state of New Jersey’s move to allow sports betting in its casinos and racetracks, saying the state is openly flouting the Third Circuit’s denial of its attempt to legalize sports betting.

  • September 30, 2014

    3rd Circ. Won't Rehear Ex-Goldman Coder's $2.3M Fee Case

    Goldman Sachs Group Inc. need not pay the $2.3 million legal bill of a former computer programmer facing charges for stealing high-frequency-trading code, the Third Circuit said Monday, denying his bid to have the full appeals court reconsider his argument that Goldman's officer insurance covered all vice presidents like him.

  • September 30, 2014

    Pa. Judge Can Stay On Bench During Ethics Case

    The Pennsylvania Court of Judicial Discipline has agreed to allow an Erie County judge to remain on the bench while it addresses an ethics board’s charges that she had belittled parties appearing in her courtroom and misled investigators looking into accusations against her.

  • September 30, 2014

    Payment To Original Lessor Extends Gas Lease, Judge Says

    A Pennsylvania federal judge agreed Monday that an EXCO Resources Inc. unit’s predecessor had validly extended the terms of a natural gas lease by offering payment to the original lessor in the absence of documentation about the land’s subsequent sale.

  • September 30, 2014

    FTC Gets Beat Up On Appeal, Wright Says In Call For Clarity

    Federal Trade Commission head Joshua Wright on Tuesday said his research has revealed that the commission’s antitrust decisions are reversed on appeal four times more than decisions by federal judges, and called for guidelines that clarify its authority.

  • September 30, 2014

    Prosecutors Ask Pa. High Court To Stay Ex-Justice's Sentence

    Allegheny County prosecutors on Tuesday asked the Pennsylvania Supreme Court to deny a request by former Justice Joan Orie Melvin to stay a portion of her public corruption sentence requiring her to write apology letters to state judges pending a possible appeal, and instead stay the sentence in its entirety.

  • September 30, 2014

    Noel Canning Can't Halt New Vista Appeal, 3rd Circ. Told

    The U.S. Supreme Court's Noel Canning decision invalidating two National Labor Relations Board appointments does not warrant a delay in the Third Circuit's reconsideration of an unfair labor practices dispute involving New Vista Nursing and Rehabilitation LLC, the NLRB said Monday.

  • September 30, 2014

    Pa. Justices Urged To Bar Extension Of Disputed Gas Lease

    A pair of landowners have urged the Pennsylvania Supreme Court to bar Cabot Oil & Gas Corp. from extending the terms of its natural gas lease as compensation for 30 months of litigation brought by the pair, noting that the company had not made any efforts to drill before and during the dispute.

  • September 29, 2014

    Pa. Jury Finds Ex-Bank Head Guilty Of Embezzling Funds

    A federal Pennsylvania jury on Friday found a former director of Metropolitan Savings Bank guilty of embezzling about $350,000 in bank funds, according to prosecutors.

  • September 29, 2014

    HSBC Foreclosure Suit Remanded Amid Factual Dispute

    A Pennsylvania appeals court on Monday remanded a summary judgment for $609,367 against a homeowner who hadn’t paid her mortgage loans to HSBC Bank NA, finding the record unclear on whether the bank provided her with notices.

  • September 29, 2014

    Aaroma Says Diacetyl Claims Belong To Bankruptcy Estate

    Aaroma Holdings LLC has urged the U.S. Supreme Court to uphold a Third Circuit decision freeing it from liability for injuries allegedly caused by a food additive manufactured by a company whose assets it purchased in 2010, arguing the plaintiffs’ claims belonged to the now-bankrupt company’s estate.

  • September 29, 2014

    Bill Would Keep Pa. Fracking Drill Cuttings Waste Out Of NY

    A New York state lawmaker from Rochester, along with a green group, on Monday put forward another proposal to keep fracking waste out of the state, this time introducing legislation to ban drill cuttings waste from oil wells from being accepted at New York landfills.

  • September 29, 2014

    Takeda Expert Says Smoking Key In Actos Plaintiff's Cancer

    An expert witness for Takeda Pharmaceuticals Co. told a Philadelphia jury on Monday that other risk factors, including age and a history of smoking, are more likely to blame for a Pennsylvania woman’s bladder cancer than the diabetes medication Actos.

  • September 29, 2014

    Trial Consultant, Philly Firm Settle Suit Over Unpaid Bills

    A Chicago-based trial consultant and Gallagher Malloy & Georges PC have settled a Pennsylvania state court suit that alleged that the Philadelphia firm had not paid bills for pretrial and trial services in 2011.

  • September 29, 2014

    3rd Circ. Upholds $3M Nutella False Marketing Settlement

    The Third Circuit on Monday upheld the approval of a $3 million settlement offer by Ferrero USA Inc. to resolve consumer claims over allegedly misleading ads for its Nutella spread, after class members objected to the proportion of a previous $5.5 million proposal that was earmarked for class counsel.

  • September 29, 2014

    Pennsylvania Seeks Private Partner To Build CNG Stations

    The Pennsylvania Department of Transportation said Monday it is seeking a private partner to build compressed natural gas fueling stations at public transit agencies statewide, promising a new technology that would replace conventional fuel with an alternative considered safer and less polluting.

  • September 29, 2014

    Pa. Chief Justice Lauds Reduction In Civil Backlogs

    Pennsylvania Supreme Court Chief Justice Ronald Castille announced on Monday that a two-year data review of the state’s court system had trimmed the backlog of civil cases by 19 percent, adding that courts are now obligated to implement case management practices to head off future delays.

  • September 29, 2014

    3rd Circ. Says Horizon Wrongly Denied Inpatient Bulimia Care

    Horizon Blue Cross Blue Shield of New Jersey acted unreasonably when it refused to cover inpatient care for a bulimic woman who’d contemplated suicide and been diagnosed with post-traumatic stress disorder, according to a new decision from the Third Circuit.

Expert Analysis

  • And Now A Word From The Panel: ABCs Of JPML Practice

    Alan E. Rothman

    This week, as the Judicial Panel on Multidistrict Litigation embarks on a rare October hearing, we cannot resist mentioning an intriguing MDL petition that involves local rules governing attorney admission and several lawsuits naming members of the federal judiciary — including a JPML member who is also a D.C. district court judge, says Alan Rothman of Kaye Scholer LLP.

  • 3rd Circ. Sheds Light On Insider Status In Bankruptcy

    Shmuel Vasser

    A recent nonbankruptcy Third Circuit decision, Aleynikov v. Goldman Sachs Group Inc., may clarify what it means to be an officer of a debtor, and it would appear that the presumption established by the case of Foothills Texas may no longer be followed, say Shmuel Vasser and Shana White of Dechert LLP.

  • Riley Cellphone Search Rule Is Slowly Sweeping The Nation

    Carrie Sarhangi

    Commentators opined that the U.S. Supreme Court's landmark Riley v. California opinion would clear up the murky waters created by courts less decisive or intrepid, and, just three months later, the patience of our nation’s courts in tolerating warrantless cellphone searches has already waned, says Carrie Sarhangi of Montgomery McCracken Walker & Rhoads LLP.

  • Navigating Terms Of Degree Post-Nautilus

    Sunjeev Sikand

    While the case law on indefiniteness continues to evolve, recent rulings offer valuable insight into how one might use the U.S. Supreme Court decision in Nautilus Inc. v. Biosig Instruments Inc. as a tool to attack and defend claim terms of degree in litigation, and also provide some much-needed guidance to patent prosecutors when drafting claims, says Sunjeev Sikand of RatnerPrestia PC.

  • Opportunities And Pitfalls In The Legal Cloud

    David Houlihan

    Like "big data" and other effective software marketing buzzwords, “cloud” makes something that is very complex sound simple — and even friendly. Most attorneys are not prepared to dig into the distinctions between public, private and hybrid cloud models, or the niceties of how or where their data is transmitted and stored, says David Houlihan of Blue Hill Research Inc.

  • Roundup Of Fracking Studies Still Shows No Consensus

    Jed P. Winer

    As three recent academic studies on the environmental and health impacts of hydraulic fracturing show, all aspects of the drilling practice are under the microscope as studies are being published at a rapid pace — sometimes with indefinite or conflicting conclusions, says Jed Winer of Weil Gotshal & Manges LLP.

  • A General Counsel's Top 10 Billing Tips

    Francis M. Drelling

    Nothing makes an in-house counsel feel like they are being nickeled-and-dimed more than receiving a $3.50, stand-alone invoice. Forcing anyone to spend time on a $3.50 invoice is, quite frankly, just not cool, says Francis Drelling, in-house counsel at Specialty Restaurants Corp.

  • Debt Collector Envelopes Need To Protect Privacy

    Alan S. Kaplinsky

    Assuming the Third Circuit's decision in Douglas v. Convergent Outsourcing Inc. stands, the ruling should make debt collectors wary of any language or markings appearing on an envelope that in any way touch upon the debt collection effort, or that even remotely reveal private information about the borrower, say attorneys at Ballard Spahr LLP.

  • 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.