Pennsylvania

  • September 30, 2016

    Beneficiaries Denied Class Cert. In Prudential Payment Row

    A Pennsylvania federal judge denied class certification Friday to a group of life insurance beneficiaries alleging Prudential flouted policy payment language and improperly used beneficiary account balances for its own investments, expressing doubt that “common questions of law or fact would predominate over individual disputes.”

  • September 30, 2016

    3rd Circ. Junks $62M Verdict In Avaya Antitrust Case

    A $62 million antitrust verdict against Avaya Inc. was scrapped by the Third Circuit on Friday as the appeals court agreed that a district judge had improperly thrown out the company’s counterclaims in the midst of trial.

  • September 30, 2016

    Pa. Town Can't Escape Fracking Ordinance Suit Just Yet

    A Pennsylvania federal judge on Friday refused to dismiss Pennsylvania Independent Oil & Gas Association’s lawsuit against a township that adopted an ordinance blocking corporations from disposing of oil and gas waste within the municipality, despite the fact that the ordinance has since been overturned.

  • September 30, 2016

    Ex-Pa. Justice's Email Ethics Case Closed After Fine Paid

    Pennsylvania’s Court of Judicial Discipline on Friday closed the ethics case against disgraced former Supreme Court Justice J. Michael Eakin, who stepped down earlier this year in the wake of charges that he exchanged derogatory and offensive emails with friends, stating that he had paid his $50,000 fine.

  • September 30, 2016

    Patterson Belknap Beats Doctor’s Trade Secrets Suit

    A Pennsylvania federal judge on Friday tossed a suit brought by a doctor accusing Patterson Belknap and a former associate of stealing his trade secrets, saying the doctor didn’t prove he had a valuable and distinct trade secret.

  • September 30, 2016

    Erie Coke Inks Second Emissions Settlement

    Six years after agreeing to pay $6 million in fines due to air quality violations, Erie Coke Corp. is again inking a deal with federal regulators that includes a half-million dollars in civil penalties and renewed promises to address emissions problems at the company’s northwestern Pennsylvania facility.

  • September 30, 2016

    Taxation With Representation: Latham, Vinson, Skadden

    In this week’s Taxation With Representation, a Pennsylvania-based gas driller gained bigger access to the Marcellus and Utica shales for $2.7 billion, a German specialty chemicals company spent about as much to buy Philadelphia-based Chemtura and FTV Capital closed its fifth fund after collecting $850 million.

  • September 30, 2016

    HSBC Settles Mortgage Reinsurance Kickback Suit

    A proposed class action claiming HSBC USA Inc. and others received kickbacks from private mortgage insurers was dismissed by a Pennsylvania federal court on Thursday after the borrowers who filed suit informed the court that they were finalizing settlements.

  • September 29, 2016

    LivaNova Escapes Suit Over Blood Temp Equipment

    A Pennsylvania federal judge freed LivaNova PLC from a proposed class action alleging that a cooling system made by a subsidiary exposed patients to a bacteria during open heart surgery, saying Thursday that the court did not have jurisdiction over the parent company.

  • September 29, 2016

    Florio Perrucci Grows In Pa. With Harrisburg Office Launch

    Florio Perrucci Steinhardt & Fader LLC has expanded the scope of its operations in Pennsylvania with the opening of an office in Harrisburg, the firm announced on Wednesday, saying that the move stems from growth of the firm's litigation and government affairs practice areas in Central Pennsylvania.

  • September 29, 2016

    SEC Says Stockbroker Fleeced Mutual Fund Investors

    The U.S. Securities and Exchange Commission on Wednesday filed a complaint in Pennsylvania federal court alleging a former stockbroker fraudulently raised more than $3.2 million from investors in a series of mutual funds he launched that ultimately collapsed.

  • September 29, 2016

    Egg Producers Can't Crack Price-Fixing Conspiracy MDL

    A Pennsylvania federal judge Wednesday denied Michael Foods Inc. and three other egg producers' bid to escape a suit alleging a conspiracy to inflate egg prices, saying purchasers put forth sufficient evidence to show the producers may have participated in an illegal conspiracy

  • September 29, 2016

    LA Fitness Avoids Training Injury Suit With Liability Waiver

    A Pennsylvania federal judge on Wednesday tossed a personal injury lawsuit against gym chain LA Fitness over a member’s injuries suffered from a fall during a training session, finding the gym is protected by waivers of liability in the woman’s membership and personal training agreements.

  • September 29, 2016

    Contractor Details Inexperience In Philly Collapse Trial

    The contractor convicted of involuntary manslaughter in the 2013 Philadelphia building collapse that led to seven deaths and 12 injuries detailed a skimpy record of demolition experience in the civil case over the tragedy, saying Thursday he relied on the architect on the job for guidance.

  • September 29, 2016

    Fed. Circ. Frees Parrot From Fees, Default In Drone IP Row

    The Federal Circuit on Thursday vacated a ruling sanctioning and entering default judgment against Parrot Inc. in a suit accusing it of infringing drone piloting patents belonging to Drone Technologies Inc., saying the district court abused its discretion.

  • September 29, 2016

    Judge Signs Off On EPA's $14M Cleanup Deal With Railcar Co.

    A federal judge gave the green light on Wednesday to a $14 million settlement that resolves the U.S. Environmental Protection Agency’s suit seeking costs for cleaning up hazardous substances at a site once operated by a defunct railcar maintenance company in suburban Philadelphia.

  • September 29, 2016

    Pa. High Court Rejects Shareholder Liability To Contractors

    The Pennsylvania Supreme Court on Wednesday upheld a decision in a $1.5 million construction dispute that a shareholder of a development company does not have the same liability as an owner under a state statute governing payments to contractors.

  • September 29, 2016

    Travelers Told Building Policy Must Cover Radiation Machine

    A Pennsylvania federal judge ruled Wednesday that Travelers Indemnity Co. must pay toward the replacement cost of a cancer center’s radiation machine damaged by a water leak under the center’s building policy, finding the fixed machine is part of the building rather than merely business property that would be subject to lower coverage limits.

  • September 29, 2016

    Magic Johnson Food Co. Sues Drexel U. Over Lack Of Growth

    Philadelphia’s Drexel University was hit with a federal lawsuit in Pennsylvania Tuesday accusing it of fraudulently inducing a food service company owned in part by basketball legend Earvin “Magic” Johnson into a 10-year vendor commitment and a $9.3 million up-front payment by misrepresenting the school’s plans for student body growth.

  • September 29, 2016

    Pa. Justices Ax Local Gov't Casino Tax Shares

    The Pennsylvania Supreme Court ruled Wednesday that a two-tiered system for taxing casinos to fund their host municipalities violated a provision of the state’s constitution requiring uniform taxation.

Expert Analysis

  • Oral Advocacy And 'Vocal Fry'

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    In a sneak preview of the fall edition of Legal Communication & Rhetoric, Professor Michael Higdon of the University of Tennessee College of Law explores the negative reactions to "vocal fry," the accusations of sexism those reactions have engendered, and what all this means for female attorneys.

  • The Courtroom Where It Happened: Hamilton As A Lawyer

    Randy Maniloff

    Often lost in discussions about Alexander Hamilton is that he was an extremely important New York lawyer. He had an extensive law practice until his death in 1804 and he wrote what is considered to be the first treatise in the field of private law. Ultimately, Hamilton certainly did get "a lot farther by working a lot harder, by being a lot smarter, by being a self-starter," says Randy Maniloff of White and Williams LLP.

  • Why Have Lawyers Forgotten About The Middle Class?

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    Sorry, fellow lawyers, judges and legislators, but the jig is up. It’s time to show the public the cards up our sleeves and give them a chance to weigh in on the fairness of a system that touches so many aspects of their everyday lives, says Chas Rampenthal, general counsel of LegalZoom.

  • And Now A Word From The Panel: 3 Alternatives To MDLs

    Alan E. Rothman

    Recognizing the ever-dwindling number of multidistrict litigation proceedings, Alan Rothman of Kaye Scholer LLP explores the three alternatives to MDLs which the Judicial Panel for Multidistrict Litigation has recently considered in denying and/or mooting MDL petitions.

  • Prelitigation Steps For Trade Secret And Noncompete Cases

    Excerpt from Lexis Practice Advisor
    Matthew T. Miklave

    One of the first steps in addressing potential trade secret misappropriation and breach of restrictive covenant claims is determining the scope and extent of the employer’s protections. However, the prelitigation process involves many more stages. Attorneys with Robinson & Cole LLP address seven specific steps you should take on behalf of an employer in assessing and addressing a potential breach of a noncompete agreement.

  • Overhauling Law Firm Records Departments For A New Reality

    Raymond Fashola

    As automation increases, so do business challenges that impact overall law firm operations. Records departments are facing roadblocks associated with antiquated processes, ever-changing regulatory requirements, and emerging technologies. As a result, firms are reassessing the needs of their records department staffing models, says Raymond Fashola of HBR Consulting.

  • Unclaimed Property Law: What Oil And Gas Cos. Should Know

    Carol Lynn Thompson

    States have recently stepped up enforcement of unclaimed property laws to generate additional revenue and the oil and gas industry has become an attractive target. Because unclaimed property compliance obligations can be particularly complex it is critical that companies understand the current landscape and the best ways to navigate the audit process, say attorneys at Sidley Austin LLP.

  • Expanded Wharfinger Liability Confuses Spill Cost Recovery

    Lawrence I. Kiern

    A recent decision from a Pennsylvania federal court in the protracted litigation surrounding the Athos I oil spill signals profound implications for the liability of charterers, wharfingers and the U.S. government. The ruling portends costly new obligations for all three entities to conduct frequent underwater surveys using side-scanning sonar to detect obstructions, says Lawrence Kiern of Winston & Strawn LLP.

  • The Post-Daimler Split On In Personam Jurisdiction

    Albert Piccerilli

    Since the U.S. Supreme Court ruling in Daimler AG v. Bauman, lower courts have been grappling with the issue of whether a corporate defendant that is not incorporated under the laws of the forum state, and does not have its principal place of business there, may nevertheless be subject to the forum’s general in personam jurisdiction if it is registered to do business in the forum state. Members of Montgomery McCracken Walker & Rhoa... (continued)

  • 3 Steps To Successful Judgment Enforcement

    Craig Weiner

    Judgment enforcement is typically governed by the law of the state where collection is sought, which frequently means collection efforts are controlled by an arcane body of law replete with debtor-friendly roadblocks. Fortunately, there are a number of actions a judgment creditor can take to secure satisfaction of a claim, say Craig Weiner and Michael Kolcun of Robins Kaplan LLP.