Pennsylvania

  • April 29, 2016

    FERC Manipulation Theory Is Baseless, Energy Trader Says

    Federal Energy Regulatory Commission enforcement staff are floating a new, unfounded theory of market manipulation in their attempt to impose $42 million in penalties and disgorgement on a shuttered Pennsylvania trading firm and its employees for alleged electricity market manipulation, the firm said Thursday.

  • April 29, 2016

    BREAKING: Pa. to Drop Appeals In Penn State Cover-Up Case

    Pennsylvania Attorney General Kathleen G. Kane announced Friday that the state would not appeal rulings that slashed the charges faced by three former Pennsylvania State University administrators accused of interfering with the investigation into assistant football coach Jerry Sandusky's sexual abuse.

  • April 29, 2016

    Mylan, Ranbaxy Push 3rd Circ. To Nix Provigil Class

    Mylan and Ranbaxy said Thursday that purchasers bringing pay-for-delay claims over the narcolepsy drug Provigil have failed to give the Third Circuit any good reason to uphold a class certification order, which the drugmakers have attacked as unsupported by the buyers’ damages theory.

  • April 29, 2016

    Morgan Lewis Denied Dilworth Docs In Philly Newspaper Row

    Morgan Lewis & Bockius LLP was blocked Thursday from securing documents from Dilworth Paxson LLP in a Pennsylvania lawsuit accusing the former firm of improperly taking sides in a feud between rival groups that had owned Philadelphia's two major daily newspapers.

  • April 28, 2016

    NOVA Bank Leaders May Have Path To Nix TARP Fraud Verdict

    Leaders of Pennsylvania's now-defunct NOVA Bank face long odds to reverse Wednesday’s guilty verdict over a scheme to deceive regulators into making an investment under the Troubled Asset Relief Program, but the presiding judge’s open skepticism about the government's evidence offers them some hope, experts say.

  • April 28, 2016

    SemGroup Trustee Loses Appeal Bid To Claw Back $55M

    The Third Circuit on Thursday denied the efforts of the litigation trustee for SemGroup LP to set aside $55 million from two equity distributions made before the company’s 2008 Chapter 11 bankruptcy as constructively fraudulent conveyances, affirming a bankruptcy court’s findings that the trustee’s claims improperly rest on hindsight.

  • April 28, 2016

    Avis Must Face Bias Claim In Rental Co.’s Suit, 3rd Circ. Says

    The Third Circuit on Thursday revived a discrimination claim in a suit in which a vehicle rental business run by two African-Americans accused Avis Rent a Car System Inc. of unfairly terminating an operating agreement, although the appeals court refused to revive its retaliation claim.

  • April 28, 2016

    Oilfield Workers Hit Rush Wellsite With OT Class Action

    Two oilfield workers slapped Rush Wellsite with a proposed class and collective action in Pennsylvania federal court Thursday, alleging they were denied appropriate overtime pay even though they regularly spent more than 40 hours a week at work.

  • April 28, 2016

    NFLers Say Former Firms Can't Claim Concussion Award Fees

    NFL legend Gale Sayers and six other former players involved in litigation over the NFL’s response to the dangers of concussions asked a Pennsylvania federal court Wednesday to block their former attorneys from taking cuts of any individual awards they might receive, saying they severed their attorney-client relationships long ago.

  • April 28, 2016

    Disbarred 'Kids For Cash' Atty Ducks Sanctions Bid

    Plaintiffs in class action litigation stemming from Pennsylvania’s so-called “Kids for Cash” judicial kickback scandal agreed Thursday to withdraw a motion for sanctions against Vision Holdings LLC and Powell Law Group for failing to pay the full amount of a $4.75 million settlement in the case.

  • April 28, 2016

    Pa. DOT Officials Facing Class Action Over Unpaid Wages

    Senior Pennsylvania Department of Transportation officials were hit with a proposed class action in federal court Wednesday by a group of highway workers alleging the time they spend maintaining and transporting equipment and vehicles before and after their shifts is neither recorded nor compensated.

  • April 28, 2016

    Pa. Justices Won't Reconsider National Penn Overdraft Case

    The Pennsylvania Supreme Court said Wednesday it would not review a decision that a putative class action accusing National Penn Bank of charging improper overdraft fees was not eligible for arbitration.

  • April 28, 2016

    Jury Strips Defect Claims Against Coty Over Exploding Wax

    Cosmetics company Coty US LLC escaped litigation brought by a woman claiming that Sally Hansen’s Lavender Spa Body Wax hair remover exploded on her after she microwaved it, with a Pennsylvania federal jury holding Wednesday that the product wasn’t defective.

  • April 28, 2016

    Pa. AG Wants Charges Axed Based on Vindictive Prosecution

    Pennsylvania’s embattled attorney general urged a state judge on Wednesday to toss the criminal charges she was saddled with on grounds that she’d been selectively investigated for allegedly helping to leak investigative material to the press.

  • April 28, 2016

    Montgomery McCracken, Benefit Plans Reach $980K Deal

    Montgomery McCracken Walker & Rhoads LLP on Wednesday agreed to pay $980,000 to end a Pennsylvania federal court class action accusing the firm of inappropriately billing employee benefit plans plans for defending a Philadelphia attorney who allegedly embezzled plan funds.

  • April 28, 2016

    KBR Can't Contest State Law Chosen For Soldier Death Suit

    A Pennsylvania federal judge refused Wednesday to let KBR Inc. challenge her determination of which state's liability laws applied to a wrongful death suit over a soldier electrocuted at a Baghdad military base, calling the contractor's move “procedurally improper.”

  • April 28, 2016

    Comcast To Grow Animation Biz With $3.8B DreamWorks Buy

    Comcast Corp. said Thursday it will buy DreamWorks Animation in a $3.8 billion deal that expands the cable giant’s film animation business, theme park attractions, kids’ television and consumer products offerings.

  • April 28, 2016

    Ex-NFLers Ask 3rd Circ. To Rethink Concussion Deal Approval

    A group of former NFL players who objected to a massive uncapped class action settlement with the league in litigation over the effects of head injuries asked the Third Circuit on Thursday to rethink its decision affirming the award, arguing that the science on the degenerative brain condition known as CTE is still too immature to justify the settlement.

  • April 27, 2016

    22 Firms Win Top Marks From GCs On AFAs

    Twenty-two law firms are the cream of the crop when it comes to delivering alternative fee arrangements, according to a new report. Here’s what clients say sets them apart and how the firms say they make it work.

  • April 27, 2016

    Juice-Barrel Maker Must Face Rival's IP Suit

    A Chicago-based beverage maker can’t escape a rival’s trademark infringement suit over barrel-shaped juice drinks, a Pennsylvania federal judge ruled Tuesday, finding the claims were specific enough to have standing.

Expert Analysis

  • State Control Of Hospital Merger Review May Be A Good Idea

    Emily Chow

    In West Virginia, the Federal Trade Commission filed an administrative complaint to prevent the merger of two hospitals — just three months after the state attorney general announced his approval. Although West Virginia’s subsequent legislative acrobatics to secure state-action-exemption protection for certain hospital mergers are novel, to hospitals and other states, West Virginia might be on to something, say Emily Chow and Matth... (continued)

  • State Tax Fallout From Federal Related-Party Debt Plan

    Jeffrey A. Friedman

    Recently proposed regulations that would create sweeping changes to the federal income tax treatment of related-party debt could also have far-reaching effects for state income tax purposes, particularly on the deductibility of intercompany interest expenses in states that do not adopt consolidated returns or similar rules, say Jeffrey Friedman and Madison Barnett of Sutherland Asbill & Brennan LLP.

  • Dentons: A New Kind Of Network?

    MarkACohen.jpg

    Dentons is two different law firm networks in one. So even if the Swiss verein structure should eventually fail and Dentons is forced to operate as a network of independent law firms, it could still be a significant market force, says Mark A. Cohen, a recovering civil trial lawyer and the founder of Legal Mosaic LLC.

  • Quo Vadis FTC?: The Meaning Of FTC Case Against Endo

    Robert Reznick

    The Federal Trade Commission's recent complaint against Endo Pharmaceuticals — the FTC's first lawsuit challenging a "no-authorized-generic" agreement — reflects a number of positions that the FTC has taken in litigation or in amicus briefs, but more broadly reflects two characteristics of commission legal actions against Hatch-Waxman settlements, say Robert Reznick and David Goldstein of Orrick Herrington & Sutcliffe LLP.

  • Class Cert. Unclear With Circuit Split On Ascertainability

    Jacqueline K. Matthews

    When it comes to certifying a class via the ascertainability standard, the Third and Seventh Circuits don't meet eye to eye on the specific requirements needed to achieve certification, meaning class action defendants’ ability to rely on the standard currently depends on what circuit they're in, says Jacqueline Matthews at BakerHostetler.

  • Challenges To State E-Waste Laws Face Tough Battle

    Joseph S. Kakesh

    As recently demonstrated by a federal district court in Connecticut, because states have a relatively easy standard to meet when proving that e-waste recycling programs match state interests, it's not clear that future challenges to such programs on equal protection bases will be successful at the trial court level, says Joseph Kakesh at Wiley Rein LLP.

  • When A Contract 'Runs With The Land' — A Look At The Laws

    Michael G. Connelly

    The determination of whether an oil producer may avoid the burdens of a gathering agreement through rejection in bankruptcy has boiled down to whether the agreement "runs with the land." The applicable state requirement of when an agreement runs with the land will not only determine bankruptcy disputes, but will also inform the negotiation of future gathering agreements, say Michael Connelly and David Fournier of Pepper Hamilton LLP.

  • Avoiding The Pitfalls Of Researching Attorneys In PACER

    Brian Howard

    While PACER is a powerful tool for gaining information, practitioners should keep in mind that certain flaws often cause lawyers to be omitted from cases they’ve worked on or to show up associated with the wrong firm. These errors build up across aggregate records, tainting any conclusions drawn from such data — often to a surprising extent, according to Brian Howard, a legal data scientist at Lex Machina.

  • A Review Of Gov't Cases Against Execs In Q1

    Kirby Behre

    In this article, attorneys with Miller & Chevalier Chtd. highlight the most significant cases and government investigations that affected corporate executives in the first three months of 2016.

  • Illinois Breach Decisions Show It's Not Just About Standing

    Carol J. Gerner

    In the wake of the recent decisions in the Seventh Circuit holding in favor of standing in consumer lawsuits arising from credit and debit card breaches, the focus of attention in early motions to dismiss will now likely be shifting to whether the consumer plaintiffs have asserted viable state causes of action, and in particular a breach of contract claim, say Carol Gerner and Laurie Kamaiko of Sedgwick LLP.