• July 31, 2014

    Ex-NFLers Seek Medical Docs Amid $765M Concussion Deal

    Twenty-four ex-National Football League players and retired players' wives asked a Pennsylvania federal judge on Thursday to allow them to obtain medical records they claim are essential to deciding whether they will support the NFL's recent $765 million concussion settlement proposal in multidistrict litigation.

  • July 31, 2014

    2 Contractors Accused Of Swindling $3.6M From Pa. Agency

    A grand jury has charged one Pennsylvania Department of Transportation contractor and one PennDOT inspector with swindling more than $3.6 million in taxpayer funds, Attorney General Kathleen Kane announced Thursday.

  • July 31, 2014

    Pro-Enviro Pipeline Decision Won't Doom Pa. Sunoco Project

    A Wednesday decision by two Pennsylvania Public Utilities Commission administrative law judges that a Sunoco Inc. subsidiary cannot avoid local zoning approval for components of a pipeline that would ferry natural gas from western Pennsylvania to a Philadelphia-area refinery will not be the last word on the fate of the project, experts told Law360. 

  • July 31, 2014

    Pa. Appeals Court Nixes Class In $54M Property Auction Row

    A Pennsylvania appeals court Thursday upheld a trial court judge's ruling refusing to certify a class of plaintiffs who alleged the Philadelphia Sheriff’s Office owed them as much as $54 million in excess proceeds from property auctions, saying the lower court had not erred in its decision.

  • July 31, 2014

    Rite Aid Beats Applicants' Background Check Suit

    A Pennsylvania federal judge on Wednesday tossed a class action filed over Rite Aid Corp.’s pre-employment background checks on the grounds that the plaintiffs failed to sufficiently state a claim, but gave the class 15 days to amend the complaint.

  • July 31, 2014

    FERC Preliminarily OKs Relicensing 3 Hydropower Projects

    The Federal Energy Regulatory Commission has preliminarily signed off on relicensing three dam projects in Pennsylvania and Maryland that are collectively known as the Susquehanna River Hydroelectric Projects, according to a draft environmental impact statement issued Wednesday.

  • July 31, 2014

    PPL Unit Eyes $6B Mid-Atlantic Transmission Project

    PPL Corp. said Thursday that its Pennsylvania-based subsidiary PPL Electric Utilities Corp. is proposing a $4 billion to $6 billion regional transmission project that will improve reliability, create jobs and reduce costs for millions of electricity consumers throughout the mid-Atlantic region.

  • July 30, 2014

    Employers To Embrace Arbitration After 3rd Circ. Ruling

    The Third Circuit's ruling that courts, rather than arbitrators, should decide whether classwide arbitration is available when an agreement is silent on that point will encourage some employers that had been on the fence about arbitration to embrace it as a means to counter the surging tide of costly wage-and-hour class actions, lawyers say.

  • July 30, 2014

    Extended Medicare Bans Hint At Entrenched Fraud

    Medicare on Wednesday extended its bans on new suppliers of ambulance services or home health care in six major metropolitan areas, indicating that pervasive fraud may remain and that more criminal charges are likely as investigators continue to embrace an extraordinary fraud-prevention tool.

  • July 30, 2014

    Pa. Medical Suppliers Can't Duck Antitrust Class Action

    A Pennsylvania federal judge on Wednesday refused to entirely throw out a putative class action against medical supply companies Cardinal Health Inc. and Owens & Minor Inc., keeping alive antitrust injury claims but tossing allegations of conspiracy and unlawful monopolization.

  • July 30, 2014

    Cephalon Can't Fight IP Battle In FTC Pay-For-Delay Suit

    A Pennsylvania federal judge ruled Tuesday that Cephalon Inc. cannot make arguments about the strength of a Provigil patent in the Federal Trade Commission's pay-for-delay suit against the drugmaker because of an earlier trial finding the patent invalid and unenforceable.

  • July 30, 2014

    Failed Philly Casino Venture Wins Ch. 11 Plan Approval

    A Pennsylvania federal bankruptcy judge has approved a modified Chapter 11 plan in the bankruptcy of Philadelphia Entertainment and Development Partners LP, the entity behind a planned Foxwoods casino project that fell through in 2010.

  • July 30, 2014

    Comcast Spectacor Ducks Finder's Fee Suit Over 76ers Sale

    A Pennsylvania federal judge has thrown out a lawsuit in which two sports industry veterans sought a $2 million finder's fee from Comcast Spectacor LP, the former owner of the Philadelphia 76ers, stemming from the 2011 sale of the franchise.

  • July 30, 2014

    Members Of Philly Ironworkers' Union Hit With More Charges

    A federal grand jury on Wednesday tacked on two extortion charges to members of a Philadelphia ironworkers’ union sometimes referred to as the “Shadow Gang” who were indicted in February for allegedly setting fires, assaulting workers and sabotaging property to strong-arm contractors into hiring union labor.

  • July 30, 2014

    After Hobby Lobby, Business Revives Contraception Fight

    The Mennonite owners of a Pennsylvania furniture manufacturing company who unsuccessfully argued that the new federal mandate that they pay for contraceptive services violated their First Amendment rights asked a Pennsylvania federal court Wednesday to block the requirement, following the U.S. Supreme Court's Hobby Lobby decision.

  • July 30, 2014

    Macerich Commits $107M To Redeveloping Philadelphia Mall

    California-based real estate investment trust Macerich Co. is set to invest $106.8 million in a joint venture to redevelop a shopping center in downtown Philadelphia with the mall's owner, Pennsylvania Real Estate Investment Trust, the companies said Tuesday.

  • July 30, 2014

    Class Arbitration A Question For Courts, 3rd Circ. Says

    In a precedential ruling, the Third Circuit determined Wednesday that whether an arbitration agreement permits classwide arbitration is a question for courts — not arbitrators — to decide, siding with Robert Half International Inc. in its challenge to an arbitrator's ruling that its agreements with former staffing managers allowed class proceedings. 

  • July 29, 2014

    Feds Say Pa. State Police Discriminate Against Women

    The U.S. government filed suit against the Commonwealth of Pennsylvania and the Pennsylvania State Police on Tuesday, accusing the state of committing employment discrimination against women through its use of physical fitness tests for entry-level state trooper applicants.

  • July 29, 2014

    Texas Eastern Can't Stop Emerald Coal's Extraction Plans

    A Pennsylvania appeals court on Tuesday ruled that Pennsylvania Services Corp., trading as Emerald Coal Resources LP, had the right to extract coal beneath pipelines owned by Texas Eastern Transmission LP and wasn't liable for any surface damages caused by the coal removal.

  • July 29, 2014

    Pa. High Court Won't Hear Dow Brain Cancer Appeal

    The Pennsylvania Supreme Court on Tuesday declined to hear a case in which Dow Chemical Co. unit Rohm and Haas Co. dodged allegations that a contract employee developed brain cancer from exposure to toxic chemicals, leaving in place a lower court's decision clarifying standards for admitting expert testimony in product liability cases.

Expert Analysis

  • OPINION: Lawyers Should Think In Terms Of Big Data

    James H. Wendell

    The vast majority of civil cases in the United States settle before trial. Knowing how many on a particular topic were filed, how many settled, when they settled, and on what terms clearly would be useful to a lawyer advising a client. Big Data could make it possible — yet this type of research is generally ignored by lawyers, says James Wendell of Riddell Williams PS.

  • And Now A Word From The Panel: Top 10 Venue Arguments

    Alan E. Rothman

    As the Judicial Panel on Multidistrict Litigation heads to the “Heart of America” for its July 31 hearing, this column will take a bit of a detour from its regular format and present a top 10 list of arguments — some strange, yet true — made in support of a particular MDL venue, says Alan Rothman of Kaye Scholer LLP.

  • Watch Out For The 'Man In The Email'

    Susan Linda Ross

    Retailers, when is the last time you spoke with your bank about security? Now may be a good time, according to the FBI and the Internet Crime Complaint Center. A new email scam has been targeting CTOs, CFOs and comptrollers in particular, says Sue Ross of Norton Rose Fulbright.

  • Courts Line Up Behind 3rd Circ.'s Ascertainability Logic

    Tracey Ehlers

    Federal courts, particularly those following Third Circuit precedent, are paying more attention to the ascertainability of class members and companies in the food and beverage industries — where consumers do not typically retain receipts — should take note when challenging class certification, say attorneys at Nixon Peabody LLP.

  • Your State Contract May Prohibit Offshore Outsourcing

    Merle DeLancey

    A recent report from the U.S. Department of Health and Human Services Office of the Inspector General resurfaced the issue of offshoring restrictions in the context of Medicaid contracts. This easily overlooked issue has been percolating to the top of the list for government agencies, state attorneys general and, perhaps, qui tam plaintiffs’ attorneys, say attorneys with Dickstein Shapiro LLP.

  • Lines Drawn In Tesla Direct Sales Battle

    Robert A. Zinn

    Given Tesla’s current tiny share of the U.S. auto market, the debate over Tesla’s direct sales to consumers may seem like much ado about nothing. But the direct sales model is also being studied by both new Chinese automakers and mainstream U.S. and global manufacturers as they plan their future U.S. marketing strategies, says Robert Zinn of Carlton Fields Jorden Burt LLP.

  • An Inventive Way To Remove Pure State Court Claims

    Michael E. Blumenfeld

    Nondiverse state court defendants facing purely state law claims that seek to secure federal jurisdiction should determine whether a good faith basis exists to pursue a third-party action against a federal actor in order to trigger the representative U.S. Attorney’s certification and remove such claims under the Westfall Act, say Michael Blumenfeld and Jonathan Singer of Miles & Stockbridge PC.

  • Minimum Wage Mania Among Cities And States

    James S. McNeill

    The trend of indexing minimum wage increases to the Consumer Price Index will have significant, long-term implications for states and municipalities, telling us two things: minimum wage rates will likely continue to rise annually and will bring with them an increase in potential wage liability exposure for employers, say James McNeill and Peter Stockburger of McKenna Long & Aldridge LLP.

  • OPINION: Let's Financially Reward Law Firm Diversity

    Patricia K. Gillette

    It only took the threat of a 10 cent cost increase to make people bring their own bags to Bay Area grocery stores. What if we gave partners an extra $10,000 for increasing diversity in their firms? asks Orrick Herrington & Sutcliffe LLP partner Patricia Gillette.

  • Northeastern States Push To Keep Fracking Waste Out

    Caroline Toole

    Across a patchwork of regulation among northeastern states, the disposal of waste generated from hydraulic fracturing — including potential radiation issues — will no doubt continue to be a focus of regulators, industry and waste-disposal companies as fracking operations grow across the U.S., says Caroline Toole of Weil Gotshal & Manges LLP.