• October 8, 2015

    Pfizer Beats Zoloft Birth Defect Suit In Philadelphia

    A Pennsylvania state judge on Thursday rejected a couple's claims against Pfizer over the alleged birth defect risks of its antidepressant Zoloft — which they claimed caused their son to be born with certain organs contained in a sac outside the abdomen — after shooting down the testimony of both their expert witnesses earlier this month. 

  • October 8, 2015

    Pa. Gas Tax Specter Still Looms Despite House Vote

    Despite a vote by Pennsylvania lawmakers on Wednesday rejecting Gov. Tom Wolf’s proposal to enact a severance tax on natural gas drillers, experts say the ongoing push by Democrats for a new levy on production would continue to cast a potentially growth-hampering pall on the industry.

  • October 8, 2015

    ArcelorMittal Hit With Suit Over Stinky Soot In Pa.

    A nonprofit environmental group hit ArcelorMittal Monessen LLC with a Clean Air Act suit on Thursday in Pennsylvania federal court, alleging that the company's coke plant is raining down harmful and smelly air pollutants on nearby residents.

  • October 8, 2015

    Pa. House Passes Bill To Create State Business Court

    Pennsylvania’s House of Representatives overwhelmingly approved a bill Wednesday that would create a special division devoted to business disputes and other corporate matters within the state’s trial courts and intermediate appellate court.

  • October 8, 2015

    Sheller To Appeal Suit Over FDA Inaction On Risperdal Docs

    Sheller PC told a Pennsylvania federal court Thursday that it intends to appeal to the Third Circuit the court’s decision to toss the firm's economic injury case against the U.S. Food and Drug Administration related to a citizen petition to make a Johnson & Johnson unit publicize documents about its antipsychotic drug Risperdal.

  • October 8, 2015

    3rd Circ. Urged To Let Arbitrator Decide On Gas Lease Class

    An attorney for Scout Petroleum LLC urged the Third Circuit on Thursday to allow an arbitration panel to decide whether a dispute with Chesapeake Appalachia LLC over gas lease royalties was subject to class arbitration.

  • October 8, 2015

    Burleson Cuts Managing Partner, 5 Attys In Pittsburgh

    Amid a slowing climate for energy work in Pennsylvania, Houston-based Burleson LLP has cut six attorneys at its Pittsburgh-area office, including the former managing partner, firmwide managing partner Rick Burleson confirmed on Thursday.

  • October 8, 2015

    3rd Circ. Urged To Revive Super Bowl Ticket Fraud Suit

    Looking to revive a proposed class action alleging the NFL violated a New Jersey consumer protection law by selling only 1 percent of Super Bowl tickets to the public, class counsel Thursday pushed the Third Circuit to let the state's Supreme Court probe the statute.

  • October 8, 2015

    Travelers Unit Sues Reinsurer For $8M In Asbestos Coverage

    A Travelers subsidiary sued R&Q Reinsurance in Pennsylvania federal court Wednesday, claiming it owes the insurer more than $8 million on asbestos claim payouts under two 1980s policies the reinsurer agreed to cover in part.

  • October 8, 2015

    Pa. City Owes $1.4M In Fees For Immigration Statutes Case

    A Pennsylvania federal judge ordered the city of Hazleton, Pennsylvania, to fork over about $1.4 million in attorneys' fees to various immigration groups and others in a nearly decadelong case challenging several local ordinances preventing undocumented immigrants from obtaining employment or housing within the city.

  • October 8, 2015

    NFL Concussion Deal Isn't 'Too Big To Fail,' 3rd Circ. Told

    The estate of a former professional football player told the Third Circuit on Wednesday that the NFL’s uncapped settlement with players over head injuries is not “too big to fail,” urging the court to overturn the deal’s approval so the trial court can look into relevant scientific issues.

  • October 8, 2015

    Rice Energy, Gulfport Energy Plan $640M Utica Shale Gas JV

    Oil and gas independents Rice Energy Inc. and Gulfport Energy Corp. on Thursday said that they are forming a joint venture that will spend $640 million on developing natural gas gathering and water services assets to support Gulfport's gas drilling in Ohio's Utica Shale.

  • October 8, 2015

    Full 3rd Circ. Won't Hear H-1B Worker's Law Firm Fraud Suit

    The full Third Circuit said Wednesday it won’t revisit a panel’s decision to uphold the dismissal of a lawsuit filed by an H-1B worker who accused a Pennsylvania law firm of fraudulent misrepresentation.

  • October 8, 2015

    Talen Energy Reaps $1.5B From Pa. Power Plant Sales

    Talen Energy Corp., the merchant power company created by energy-focused private equity firm Riverstone Holdings LLC and the spunoff merchant unit of utility giant PPL Corp., said Thursday that it's selling three Pennsylvania power plants for a combined $1.51 billion in order to satisfy divestment requirements from federal regulators.

  • October 7, 2015

    Horizon Policyholders Seek Revival Of Data Breach Suit

    Horizon Healthcare Services Inc. members urged the Third Circuit Wednesday to ax a lower court's order dismissing a proposed class action over the theft of two laptops containing data for nearly 840,000 of the insurer's policyholders, saying they have established standing by pleading identity theft and other concrete injuries.

  • October 7, 2015

    State Farm Defeats Pa. Doctor's Defamation Claims

    A federal judge on Wednesday dismissed a Pennsylvania doctor's claims that State Farm Mutual Automobile Insurance Inc. defamed him in order to sink his business, while also tossing as untimely the insurer's allegations that the doctor carried out a fraudulent medical billing scheme.

  • October 7, 2015

    Payroll Co. Kept From Amending W-2s For Health Aides Class

    A Pennsylvania Superior Court on Wednesday upheld a preliminary injunction barring a home health company from issuing amended W-2 statements to a class of employees who were issued statements for 2012 from a court receiver, saying the injunction can stand because it doesn't restrain tax assessment or collection.

  • October 7, 2015

    Novartis Ducks Zometa Failure-To-Warn Suit

    A Pennsylvania federal court Wednesday threw out a failure-to-warn suit against Novartis claiming its high blood calcium treatment Zometa caused a serious bone disease in the jaw of a now-deceased patient, ruling his estate and doctors were properly warned of the drug's risks.

  • October 7, 2015

    LabMD Urges Sanctions For Tiversa Over Defamation Suit

    LabMD has urged a Pennsylvania state judge to sanction cybersecurity firm Tiversa for filing what it says is a frivolous defamation suit that’s a part of a pattern of lies, intimidation and retaliation in the parties’ long-running cybersecurity row.

  • October 7, 2015

    PSU Coaches Fired After Sandusky Scandal Sue For Back Pay

    A pair of former assistant Penn State University football coaches filed suit against the school Tuesday claiming that they never received pay they were owed after being swept out the door in what they described as an effort to clean house following the Jerry Sandusky sex abuse scandal.

Expert Analysis

  • A Legal Perspective On Homelessness For The Property Owner

    William F. Martin

    As economic development and growth advance in cities throughout the U.S., municipalities have to consider how the allocation of scarce resources and assessments of social justice should be applied to the homeless and their use of streets, sidewalks and public parks. Commercial real estate owners and investors can and should play an important role in the dialogue around this issue, says William Martin at Fox Rothschild LLP.

  • FAA Weighs In On Preemption In Product Liability Litigation

    William D. Janicki

    In Sikkelee v. Precision Airmotive, on appeal to the Third Circuit, the Federal Aviation Administration took a broad approach to preemption — extending federal preemption from operation to design and certification in the context of aircraft product liability litigation, say William Janicki and David Dziengowski at Schnader Harrison Segal & Lewis LLP.

  • 3rd Circ. Reins In Damages For Disadvantaged Business Fraud

    David A. Vicinanzo

    Curtailing an aggressive loss theory that held defendants to more than the government’s loss in some fraud cases, the Third Circuit's recent decision in U.S. v. Nagle makes clear that when the government contracts for goods or services and receives them, the proper measure of loss is not the full value of the contract, say attorneys with Nixon Peabody LLP.

  • State AGs Vocal In New Supreme Court Term

    Joe Jacquot.jpg

    Justice Antonin Scalia often admits, “I’m a fed,” acknowledging that the U.S. Supreme Court is appointed, confirmed and vested with federal power. A critical counterbalance to that are state attorneys general, who uniquely, often singularly, come before the court to defend the interests of states. Here comes another big term for state AGs, says Joseph Jacquot, a partner with Foley & Lardner LLP and former deputy attorney general of Florida.

  • Net-Metering Subsidies: An Issue That Won't Go Away

    Arthur W. Adelberg

    Net metering, the practice of allowing self-generators to sell surplus energy back to the grid at retail rates, is now allowed in over 40 states, but the debate over whether it unfairly subsidizes those generators at the expense of other utility customers rages on. While Dauphin County Industrial Development Authority v. Pennsylvania Public Utilities Commission is a notable victory for net metering, more legal issues on the topic a... (continued)

  • Like Neiman Marcus, Wyndham Is Not All It’s Cracked Up To Be

    John P. Hutchins

    Following the Third Circuit's recent decision in Federal Trade Commission v. Wyndham, commentators far and wide have predicted gloom and doom for those responsible for corporate data security. Certainly, the FTC’s self-proclaimed position as the “data breach police” was validated by the decision, but the formulation of a general standard for data security is no more certain now than it ever has been, says John Hutchins of LeClairRyan.

  • Pope Francis And Pro Bono Publico


    Listening to Pope Francis last week as he made his way from Washington to New York to Philadelphia, one could be forgiven for imagining he was a poverty lawyer in robes. Again and again, he shone light on challenges that pro bono lawyers have wrestled with for years, including the death penalty, housing and homelessness, immigration and even climate change, say Kevin Curnin and Jennifer Colyer of the Association of Pro Bono Counsel.

  • OPINION: Paul Harvey, RIP


    After recently hearing a young trial lawyer start his opening statement with the Paul Harvey approach, I feel motivated to set out the reasons why defense lawyers should not use this technique anymore, says Dr. Ross Laguzza of R&D Strategic Solutions.

  • OPINION: Have Big Law Firms Lost Their Way?

    Dennis R. Suplee

    My hope is that this article will not be seen as a rant by a senior trial lawyer. The truth is that some things get worse with the passage of time and it should be fair to comment upon such deterioration, says Dennis Suplee, a partner and former chairman of Schnader Harrison Segal & Lewis LLP.

  • 3rd Circ. Grants More Flexibility To Section 363 Buyers

    Lawrence V. Gelber

    A recent Third Circuit decision in the bankruptcy case of LifeCare Holdings Inc. could have a profound effect on the structure of Section 363 sales. Using escrows to pay certain constituencies with new cash while essentially freezing out similarly ranked or senior stakeholders stands in stark contrast to the limitations imposed on Section 363 acquirers, say Lawrence Gelber and James Bentley of Schulte Roth & Zabel LLP.