Pennsylvania

  • August 30, 2016

    3rd Circ. Finds No Union Violations On The Waterfront

    A Third Circuit panel on Tuesday issued a precedential decision in a case against the Waterfront Commission of New York Harbor, saying a lower court correctly found the commission didn't interfere with unions' collective bargaining agreements by requiring nondiscrimination certifications in hiring.

  • August 30, 2016

    Facebook Records Admissible In Child Porn Case: 3rd Circ.

    The Third Circuit has upheld the conviction of a man charged with producing child pornography and sexual offenses with minors, finding that although the Facebook messages he exchanged with victims could not be self-authenticated as business records, there was a “veritable mountain of evidence” linking him to the incriminating chats.

  • August 30, 2016

    Bruce Beemer Confirmed As New Pa. AG

    The Pennsylvania Senate voted unanimously on Tuesday to confirm Bruce Beemer to take over as the state’s new attorney general, replacing Kathleen Kane, who resigned earlier this month on the heels of her perjury conviction.

  • August 30, 2016

    Dilworth Adds White Collar Pro, Ex-Fed. Prosecutor In Philly

    Dilworth Paxson LLP announced Friday it has grown its Philadelphia office with the addition of a onetime federal prosecutor as a partner who focuses his practice on government and regulatory matters and white collar criminal defense, and most recently worked for Chamberlain Hrdlicka White Williams & Aughtry.

  • August 30, 2016

    Philly Cab Cos. Sue City Over Uber, Lyft 'Favoritism'

    A coalition comprising about 80 percent of Philadelphia’s licensed taxicabs and dispatchers filed a complaint against the Philadelphia Parking Authority in Pennsylvania federal court, claiming that its regulatory favoritism toward so-called transportation network companies such as Uber Technologies Inc. and Lyft Inc. has put traditional cab companies on the path to bankruptcy.

  • August 30, 2016

    Toxic Tort Suit Not Barred By $5B Tronox Deal, 2nd Circ. Told

    A group of 4,300 Pennsylvania residents on Monday again urged the Second Circuit to revive their toxic tort lawsuit against Kerr-McGee Corp., arguing a $5.15 billion contamination settlement reached during the bankruptcy of its former subsidiary didn't bar the type of claims they're bringing.

  • August 30, 2016

    FERC OKs $210M Dominion Gas Expansion Project

    The Federal Energy Regulatory Commission on Monday gave Dominion Transmission Inc. the green light to build and run proposed natural gas compression facilities in Pennsylvania, Maryland and Virginia, an expected $210 million project that will increase the company’s gas transportation capacity between Pennsylvania and Virginia.

  • August 30, 2016

    Builder Can Be Liable To Secondary Buyer, Pa. Court Says

    A Pennsylvania appeals court issued a published decision Monday finding that a homeowner’s purported reliance on a builder’s reputation cleared the way for claims under a state consumer protection law for allegedly faulty construction despite the lack of a formal relationship between the two.

  • August 29, 2016

    Benecard 3rd Circ. Win Is Latest Setback For Hack Victims

    The Third Circuit recently refused to allow Benecard Inc. employees and customers to proceed with negligence and breach of contract claims against the company in the wake of a data breach, creating a new obstacle for those pursuing data security class actions against employers and service providers in the absence of clear contractual liability or property damage.

  • August 29, 2016

    Insurer Fights Delay In Stevens & Lee Coverage Suit

    A legal malpractice insurer suing Stevens & Lee PC for allegedly failing to disclose a significant lawsuit risk asked a Pennsylvania federal judge Friday to reject the law firm's request to pause the suit, saying the dispute has little overlap with a case the practice says is related.

  • August 29, 2016

    Kraft-Heinz Accuses Distributor of $1M Fraud Scheme

    Kraft Heinz Foods Co. has slammed Acme Food Products Co. Inc. with a Pennsylvania federal court suit alleging that the New Jersey-based food distributor scored more than $1 million in rebates intended to help cut costs for institutions such as prisons and schools for sales it didn’t actually make.

  • August 29, 2016

    3rd Circ. Says Court Can't Hear Immigrant Families' Petitions

    The Third Circuit upheld a district court ruling that 28 families who petitioned to stay in the U.S. on fears of returning to their home country must leave, saying Monday that the lower court lacked authority to review the petitions and that such a finding was not unconstitutional.

  • August 29, 2016

    Residents Face Uphill Fight In Pa. Navy Contamination Suits

    The U.S. Navy was hit last week with the first in a potential barrage of claims over water contamination from two shuttered bases outside Philadelphia, but experts say residents will face an uphill battle overcoming immunity presumptions, fighting venue challenges and tracing the source of pollutants.

  • August 29, 2016

    NJ Gas Co. Urges Approval Of PennEast Pipeline Project

    The controversial proposal for the PennEast gas pipeline through New Jersey and Pennsylvania has received support from a Garden State gas company, which told the Federal Energy Regulatory Commission that the project will lead to more reliable and cost-effective service.

  • August 29, 2016

    Mondelez Ends Pursuit Of $22.8B Hershey Buyout

    Mondelez International has abandoned its pursuit of The Hershey Co., the company said Monday, after determining that its efforts to acquire the chocolate maker have become futile.

  • August 29, 2016

    Class Attys' Fee Bid Halved In Oil Co. Benefits Suit

    After telling a class of employees for an oil refining company its $2.2 million fee bid was too high in its suit over the company’s alleged retroactive reduction of retirement benefits, a Pennsylvania federal judge has reduced the number of billable hours and granted $1.1 million in fees instead.

  • August 29, 2016

    Atty's Insurer Only Liable For $500K In Malpractice Suit

    Westport Insurance Corp., the professional liability insurer for a Pennsylvania attorney who lost a $525,000 malpractice suit after a former client blamed the lawyer for his being ousted from his company, has won a federal court judgment stipulating that its coverage in the underlying case is maxed out at $500,000.

  • August 26, 2016

    US Steel Gets $5.5M Verdict Chopped In Disability Suit

    A Pennsylvania federal judge on Friday significantly cut down a $5.5 million award won by a 30-year U.S. Steel Corp. employee who accused the company of firing him over a physical limitation that the employer refused to accommodate, trimming the damages to $850,000.

  • August 26, 2016

    Lexington Pushes For Win In Pitt Construction Coverage Row

    Lexington Insurance Co. on Friday asked a New York federal judge to rule that it doesn't have to cover claims tied to delays on a $40 million project on the University of Pittsburgh campus, asserting that its policyholder, the architect in charge, failed to provide timely notice of a potential claim.

  • August 26, 2016

    Third-Party Payors Say GSK Skews Avandia Claims

    Third-party payors in a class action alleging GlaxoSmithKline LLC misrepresented the safety of its Avandia diabetes drugs told a Pennsylvania federal judge on Thursday that the pharmaceutical company is distorting what they’re actually claiming.

Expert Analysis

  • Reconciling The Practice With The Business Of Law

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    The tension between practicing law and managing the firm is giving way to the realization that the latter had been largely overlooked, meagerly funded, and often underappreciated, says Dr. James Bailey, a professor at George Washington University School of Business and the keynote speaker at the Legal Marketing Association Southeast conference in September.

  • Challenging No-Injury Class Actions In State Court

    Joshua Briones

    In the wake of the U.S. Supreme Court’s decision in Spokeo, some corporate defendants are concerned that successfully challenging plaintiffs’ Article III standing will merely cause them to refile in state court, which is traditionally viewed as less favorable. However, plaintiffs that cannot articulate a concrete harm in federal court are not likely to establish standing anywhere, say attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • A Special Master's Role In Hospital Merger Cases

    Barbara Reeves

    Three recent health care antitrust cases — Advocate, Hershey and ProMedica — presented perfect settings for a neutral special master, says Barbara Reeves, a neutral with JAMS and former chief of the U.S. Department of Justice Antitrust Division's Los Angeles office.

  • REBUTTAL: Establishing Standards And Norms In Mediation

    William A. Ruskin

    A recent Law360 guest article asks whether by signing a mediation confidentiality agreement a lawyer surrenders the power to protect his client against inappropriate mediation conduct. The short response to this concern is that parties to a mediation should refuse to execute such an agreement that removes all future recourse against the mediator, no matter how egregious the mediator’s actions, says William Ruskin of Gordon Rees Scu... (continued)

  • Funding Litigation And Treatment: Leveling The Playing Field?

    Kari L. Sutherland

    In an environment where many believe access to the courts can be at least somewhat dependent on a person’s financial viability, does outside financing of litigation level the playing field between the Davids and Goliaths? Or is it the resurrection of a practice that even the Athenians deemed impolitic? asks Kari Sutherland of Butler Snow LLP.

  • Defining Attorney-Client Relationships In The Electronic Age

    Elizabeth Fitch

    As technology has advanced, the ways in which attorneys communicate with clients, potential clients, former clients and the public has created new and ill-defined issues relating to whether an attorney-client relationship exists. Attorneys Elizabeth Fitch and Theodore Schaer discuss the often nebulous yet hazardous concepts that could lead to malpractice issues.

  • 4 Reasons Law Firm Business Development Initiatives Fail

    Adam Donovan

    By understanding four common reasons why law firm business development initiatives fail, we can more accurately define success, avoid pitfalls, and improve return on investment, says Adam Donovan, senior manager of patent business strategy at Fish & Richardson PC.

  • What Happens When A State Runs Out Of Money?

    Joseph V. Kennedy

    A number of states, including Illinois, New Jersey and Ohio, could become insolvent in the next two decades. It is not too early for Congress and the next president to start planning. Both the Detroit and Puerto Rico bankruptcies were preceded by years of denial in the face of increasingly inevitable facts, says Joseph Kennedy, former chief economist for the U.S. Department of Commerce.

  • Conflicting Courts On Neutral Canons

    Ashley Johnson

    Although the "last-antecedent canon" and the "series-qualifier canon" may sound like neutral grammatical principles, they carry different weights and are applied differently depending on the court. Ashley Johnson and Will Thompson of Gibson Dunn & Crutcher LLP explore two fundamentally different approaches by the Texas Supreme Court and U.S. Supreme Court.

  • From BigLaw To Your Own Firm: 4 Tips For Legal Startups

    Russell Shinsky

    Highly successful attorneys who are thinking about leaving the safe haven of a large law firm to go out on their own face a number of issues specific to the legal profession. Russell Shinsky, chairman of Anchin Block & Anchin LLP's law firms industry group, shares four pillars of a successful startup law firm.