Pennsylvania RSS

  • April 18, 2014

    UPMC's Estimate Of Data Breach Victims Skyrockets To 27K

    The University of Pittsburgh Medical Center said on Thursday that up to 27,000 of its employees could have been affected by a security breach that has already resulted in hundreds of false tax returns being filed under workers' names.

  • April 18, 2014

    Mylan Hit With IP Suit Over Generic Cholesterol Drug

    Kowa Company Ltd. on Thursday sued Mylan Inc. in Pennsylvania federal court, claiming Mylan’s application to market a generic version of the cholesterol-lowering drug Livalo violates three of Kowa’s patents.

  • April 18, 2014

    Philly Hotel Brawl Suit Sent Back To State Court

    A Pennsylvania federal judge on Wednesday ruled to remand to state court a lawsuit seeking to hold Starwood Hotels and Resorts Worldwide Inc. responsible for a 2012 brawl at a Philadelphia Sheraton that caused a 57-year-old man to die of a heart attack.

  • April 18, 2014

    Pa. Names 1st Chair To Renewed State Tax Appeals Board

    The Pennsylvania State Treasurer announced Thursday the appointment of a seasoned State Treasury official as the first chairwoman of the recently reformed Board of Finance and Revenue, which decides appeals involving most tax matters in the state.

  • April 18, 2014

    3rd Circ. Urged To Move GSK Paxil Suit Back To State Court

    The plaintiffs alleging GlaxoSmithKline LLC's antidepressant drug Paxil caused birth defects urged the Third Circuit on Tuesday to move the case back to Pennsylvania state court, saying a federal court had erred in denying their motion to remand.

  • April 18, 2014

    JJ Gumberg Gets $165M From Retail Property Refinancing

    Real estate investment manager J.J. Gumberg Co. has secured $165 million in loans against four of its retail properties in Pennsylvania and Ohio, Holliday Fenoglio Fowler LP, which arranged the financing, announced Thursday.

  • April 18, 2014

    Pa. Appeals Court To Rehear Ford Roof Defect Suit

    The Pennsylvania Superior Court has agreed to rehear the appeal of a trial court ruling that Ford Motor Co. was not liable for an automobile accident that left a mother paralyzed and caused serious injuries to her daughter.

  • April 18, 2014

    Pa. High Court Says Unions Can't Push Claims Under Lien Law

    The Pennsylvania Supreme Court ruled on Thursday that the state’s mechanics’ lien law does not allow trustees of union benefit funds to bring claims for nonpayment as subcontractors against employers and owners, reversing a Superior Court decision that favored two western Pennsylvania unions.

  • April 17, 2014

    Sprint 4G Users Can't Quit MDL Then Fire Up Calif. Claims

    The Third Circuit refused to allow plaintiffs who exited a multidistrict litigation, which accuses Sprint Nextel Corp. of overcharging its customers for a data plan, to file state claims in California, ruling Wednesday that the plaintiffs had indicated they would be arbitrating the dispute.

  • April 17, 2014

    Motorola Settles Fitness Watch Deceptive Ad Class Action

    A Pennsylvania federal judge granted preliminary approval to a class action settlement in a lawsuit accusing Motorola Mobility Inc. of falsely marketing a watch designed to track personal fitness as being sweat-proof and rain-resistant and refusing to honor warranties for the product when it malfunctioned.

  • April 17, 2014

    McKean Judge To Take Over Pa. Justice's Defamation Case

    McKean County Court of Common Pleas Judge John M. Cleland was appointed Wednesday to preside over a libel suit brought by state Supreme Court Justice Seamus McCaffery and his wife, five days after the co-owners of Philadelphia's two major newspapers won a bid to recuse the entire Philadelphia bench.

  • April 17, 2014

    Paterno Estate Blasts NCAA's $60M Penn State Penalty

    The estate of former Penn State football coach Joe Paterno defended its suit in state court Wednesday against the NCAA over a $60 million penalty and sanctions imposed in the wake of the Jerry Sandusky scandal, arguing that the association violated its own rules and flouted the law.

  • April 17, 2014

    Pittsburgh Soccer Stadium Stakeholder Seeks Ch. 11 Trustee

    An original stakeholder in the now-bankrupt owner of the Pittsburgh Riverhounds soccer stadium on Wednesday asked a bankruptcy judge to appoint a trustee to oversee the case, arguing that the current principal and majority owner has numerous conflicts of interest and unsecured claims.

  • April 17, 2014

    Debevoise Aids Chemtura's $1B Sale Of Agrochem Business

    Chemtura Corp. on Thursday agreed to sell its agrochemical business to specialty chemical maker Platform Specialty Products Corp. for $1 billion in a mostly cash deal.

  • April 17, 2014

    Judge Rules Tyco SOX Whistleblower Suit May Move Forward

    A Pennsylvania federal judge on Tuesday denied a bid by Tyco Electronics Corp. to escape a whistleblower suit by a longtime former accountant, saying his allegations that he was fired for reporting improper expenditures were legitimate enough to move forward.

  • April 16, 2014

    Guild Lining Up Backers For Possible Inquirer Bid, Court Hears

    The Newspaper Guild of Greater Philadelphia told a Delaware Chancery judge Wednesday that it wanted to be involved in the upcoming auction of the Philadelphia Inquirer's parent company and had lined up a number of investors interested in backing a possible bid by the union.

  • April 16, 2014

    TD Bank, Class Get Approval Of $6M Deal Over FLSA Suit

    A Pennsylvania federal judge on Monday gave his first green light to a $6 million deal to settle a class action against TD Bank NA alleging that the bank stiffed its employees payments for duties they had performed prior to the start of their shifts in violation of the Fair Labor Standards Act.

  • April 16, 2014

    Pa. DCNR Outlines Fracking Impact On Public Lands

    The Pennsylvania Department of Conservation and Natural Resources revealed Wednesday that 1,486 acres of state forest have been converted to roads, pipelines and well pads for Marcellus Shale natural gas development as of 2012.

  • April 16, 2014

    Astellas To Pay $7M To End Mycamine FCA Suit

    Astellas Pharma US Inc. has agreed to pay $7.3 million to settle a whistleblower False Claims Act suit from a former sales representative alleging that it marketed antifungal treatment Mycamine off-label for pediatric use and that as a result, Medicaid paid for unlawful prescriptions of the drug, the U.S. Department of Justice announced Wednesday.

  • April 16, 2014

    Sealing The Deal: Ballard Spahr Steers Philly Gas Works Deal

    When they led the Philadelphia mayor’s office through the biggest deal in the city’s history, the nearly $2 billion planned sale of Philadelphia Gas Works to UIL Holdings Corp., attorneys from Ballard Spahr LLP didn't just have to worry about securing a favorable price for the country’s largest municipally owned utility.

Expert Analysis

  • Roadblocks To D&O Coverage For Subpoena Response Costs

    Benjamin D. Tievsky

    While it must be emphasized that a policyholder’s entitlement to coverage is dependent upon the precise language of the policy at issue and the specific facts of each case, the recognition by many courts that a subpoena is a “claim” under D&O policies opens the door for potential recovery in a variety of circumstances, says Benjamin Tievsky of Orrick Herrington & Sutcliffe LLP.

  • ALI Principles Of Insurance Should Concern Industry

    Randy J. Maniloff

    Far from being some secret Skull and Bones-like project, the American Law Institute's Principles of Liability Insurance are presently the most talked-about subject among liability insurance professionals. As for their possible significance for liability coverage issues, there wouldn’t be all this talk if there were nothing to see, says Randy Maniloff of White and Williams LLP.

  • Stop And Read Your Slowdown Insurance Policy

    Allen R. Wolff

    Insurance should cover income loss not only when operations are completely shuttered, but also when your business is partially suspended — a distinction important to hotel owners and operators, with services more likely to operate on a reduced level after a loss. Today, some policies affirmatively state the extent of business slowdown coverage to avoid court decisions that narrowly interpret coverage extended under older policy forms, say Allen Wolff and Vianny Pichardo of Anderson Kill PC.

  • Beware 'Jewel' Risks In Lateral Partner Hiring

    Pamela Phillips

    Jewel litigation has been filed after every major law firm bankruptcy in the past 10 years, including Lyon & Lyon, Brobeck, Coudert, Thelen, Heller and Howrey. These lawsuits have produced years of litigation, with similar suits expected in the Dewey bankruptcy. Despite the legal uncertainties surrounding such claims, hiring firms can take steps now to minimize their Jewel risk for any lateral hire, say attorneys with Arnold & Porter LLP.

  • Some Sanity Amid Skyrocketing TCPA Litigation

    John G. Papianou

    Federal courts have recently brought some sanity to Telephone Consumer Protection Act litigation and, specifically, what constitutes an automatic telephone dialing system. Until the Federal Communications Commission weighs in, defendants facing TCPA class actions may cite the Gragg, Hunt and Dominguez decisions for support or seek a stay of proceedings, says John Papianou of Montgomery McCracken Walker & Rhoads LLP.

  • Trending: State High Court Accord On 'Faulty Workmanship'

    Carl Salisbury

    In Arlo Guthrie's classic Thanksgiving ballad, he says that if 50 people a day were to walk into a military psychiatrist's office, sing a bar of "Alice's Restaurant" and then walk out, "then friends, they may think it's a movement. And that's what it is." Strange as it may seem, something akin to the Alice's Restaurant movement is happening in state supreme courts across the country — most recently with the Alabama Supreme Court decision in Owner's Insurance Co. v. Jim Carr Homebuilders LLC, says Carl Salisbury of Kilpatrick Townsend & Stockton LLP.

  • Pa. Lien Law May Hold Energy Projects To Be 'Improvements'

    Lisa P. Means

    Does the construction of a gas well or pipeline fall within the definition of "improvement" under Pennsylvania's current lien law? While the issue has not been decided by state courts, prior decisional law, legislative history and out-of-state case law all suggest such projects can be susceptible to mechanics lien filings. Indeed, no state has explicitly rejected the applicability of mechanics liens to a well or pipeline altogether, says Lisa Means of Reed Smith LLP.

  • Who Is Liable For Asbestos In Replacement Parts?

    Katherine Lawler

    The Maryland Court of Special Appeals is set to revisit the issue of whether to impose liability on a manufacturer for an injury caused by asbestos exposure from another manufacturer’s product in May v. Air & Liquid Systems Corp. If it follows the current direction from around the country, the court, in conjunction with decisions from California and Washington in recent years, may continue a national trend toward limiting replacement part liability, says Katherine Lawler of Miles & Stockbridge PC.

  • A Primer On Pa. Takeover Case Law: Part 2

    Eric S. Siegel

    Courts have been inconsistent in their interpretations regarding beneficial ownership under Pennsylvania’s anti-takeover laws and many of the decisions in this area have been controversial. For different statutes, and sometimes for different parts of the same statute, courts have applied different principles and different levels of textualism, say attorneys with Dechert LLP.

  • A New Paradigm For Challenges For Cause In Pa.

    Alan Klein

    As challenges for cause need to be raised before a prospective juror is seated, attorneys should now be aware that more categories of relationships may permit such removals in Pennsylvania as a result of the Pennsylvania Superior Court decision in Cordes v. Associates of Internal Medicine, say Alan Klein and Solomon David of Duane Morris LLP.