Pennsylvania

  • July 22, 2014

    Co. Must Prove Injured Worker Was Undocumented: Court

    The Pennsylvania Supreme Court ruled Tuesday that an employer seeking to terminate workers' compensation benefits bears the burden of proving that the injured employee in question cannot obtain another job because he is in the U.S. illegally.

  • July 22, 2014

    Pa. High Court Clears Bankrupt Insurer In $12M Warranty Row

    Pennsylvania's high court on Monday freed defunct Reliance Insurance Co. from covering nearly $12 million in product warranty reimbursement claims from Warrantech Consumer Products Services Inc., interpreting for the first time a section of the state insurance insolvency statute.

  • July 22, 2014

    NFL Retirees Ask 3rd Circ. To Review Concussion Deal

    Seven former NFL players including Pittsburgh Steelers star Alan Faneca told the Third Circuit on Monday that a Pennsylvania federal judge should not have granted preliminary approval to the controversial concussion settlement they claim excludes the ailments of several players in the proposed class. 

  • July 22, 2014

    DLA Piper Hands Back Fees To Settle Casino Trustee Row

    DLA Piper and the trustee appointed to oversee the bankruptcy of Philadelphia Entertainment & Development Partners LP have reached a settlement to put to rest the trustee's contentions that the firm made material misrepresentations and misleading statements in its application.

  • July 22, 2014

    $10M J&J Motrin Verdict Upheld By Pa. Appeals Court

    The Pennsylvania Superior Court on Tuesday upheld a $10 million verdict levied on a Johnson & Johnson unit on behalf of a girl who suffered skin burns and blindness after taking Children's Motrin to treat a fever and cough.

  • July 22, 2014

    Inquirer Hits Back At Pa. Justice's Libel Suit

    The Philadelphia Inquirer has responded to a libel suit from Pennsylvania Supreme Court Justice Seamus McCaffery, saying that the justice and his wife were public officials and that the paper was protected by the U.S. Constitution’s First and Fourteenth Amendments.

  • July 22, 2014

    Noel Canning Has No Bearing On 3rd Circ. Ruling, NLRB Says

    National Labor Relations Board attorneys told the Third Circuit on Monday that the U.S. Supreme Court's recent decision invalidating three appointments to the board should not impede on a case over a rehabilitation center's refusal to bargain with a nurses union.

  • July 21, 2014

    Allstate Urges Pa. To Ban Bad-Faith Claim Assignments

    Allstate Property & Casualty Insurance Co. on Friday urged the Pennsylvania Supreme Court to forbid policyholders from assigning their claims under a state bad-faith insurance law to injured parties, arguing that a ruling in the opposite direction could create a windfall for plaintiffs.

  • July 21, 2014

    3rd Circ. Revives Suit Over Heinz 'Dip & Squeeze' Packet

    A Third Circuit panel on Monday revived an inventor's claims that H.J. Heinz Co. stole the idea for its Dip & Squeeze packets from him, ruling that a Pennsylvania judge should not have considered the inventor’s patent when dismissing his contract claims.

  • July 21, 2014

    Plaintiffs' Atty Barely Sanctioned In Cabot Drilling Fight

    A Pennsylvania federal judge Monday imposed a lenient sanction on an attorney who misled the court about her role in a suit against Cabot Oil & Gas Corp. over environmental contamination from natural gas drilling, putting aside a magistrate’s recommendation that she be forced to pay a colleague’s legal fees.

  • July 21, 2014

    Egg Suppliers Fight Doc Production In Price-Fixing MDL

    Food producers in multidistrict litigation accusing them of conspiring to fix egg prices shot back at purchasers' bid to obtain privileged documents regarding whether the defendants believed they were complying with antitrust law, arguing Friday that Third Circuit precedent shields them from having to produce the material.

  • July 21, 2014

    Uber Unit Says Limo Cos. Can't Oppose Pa. Service Bid

    Uber Technologies Inc.’s Pennsylvania unit attacked on Friday two limousine companies for standing in the way of its bid to begin experimental service in Pittsburgh, arguing before the state’s Public Utilities Commission that the region’s residents will benefit substantially from ride-sharing.

  • July 21, 2014

    'Kids For Cash' Atty Duped Biz Partner, Suit Says

    A Western Pennsylvania businessman who co-owns two juvenile detention facilities has sued his former business partner — an attorney who pled guilty over his role in the Luzerne County “kids for cash” scandal — in federal court, alleging that he was duped into financing elements of the scheme.

  • July 21, 2014

    Loss Adjusting Co. Sues Former Exec For Jumping Ship

    Loss adjusting and claim management company Cunningham Lindsey U.S. Inc. sued a former executive and his new employer Vericlaim Inc. in Pennsylvania federal court Friday, accusing them of stealing its entire international executive loss adjusting department in its Camp Hill office.

  • July 18, 2014

    High Court Asked To Restore Ruling Against Pa. Funeral Law

    A group of funeral directors has asked the U.S. Supreme Court to restore a district court ruling that struck down parts of Pennsylvania’s 60-year-old Funeral Director Law as anti-competitive and unconstitutional, petitioning the high court to review a Third Circuit decision that had overturned most of the lower court’s ruling.

  • July 18, 2014

    Philly Judges' Alleged Ticket-Fixing Not A Crime, Attys Say

    Attorneys for four Philadelphia Traffic Court judges urged a Pennsylvania federal jury on Friday to acquit them of fraud charges stemming from a ticket-fixing scandal, arguing the alleged preferential treatment for loved ones and well-connected individuals might not even constitute ethical misconduct, let alone criminal activity.

  • July 18, 2014

    Act 13 Court Losses Send Pa. Drillers Back To Square One

    The recent one-two punch of decisions from Pennsylvania courts eviscerating the state's controversial oil and gas law has hit the reset button on how drilling is regulated and leaves industry at the mercy of local energy development politics and the appetite of state lawmakers to take another stab at statewide regulation.

  • July 18, 2014

    Pa. Court Says Landowner Can't Appeal DEP Agreement's End

    A Pennsylvania court ruled Thursday that the owner of a contaminated tract of Chester County land could not appeal a Department of Environmental Protection letter ending an agreement in which the landowner agreed to take measures to rehabilitate the site in exchange for protection from liability.

  • July 18, 2014

    Lewis Brisbois Picks Up Data Privacy Atty In Philly

    Lewis Brisbois Bisgaard & Smith LLP said on Thursday that it has strengthened its nationwide data privacy and network security practice with the addition of a former Nelson Levine de Luca & Hamilton LLC attorney to its Philadelphia office.

  • July 18, 2014

    Shop-Vac, Lowe's False-Ad MDL Trimmed To 2 Lead Plaintiffs

    A Pennsylvania federal judge on Thursday dismissed a lead plaintiff's claims in a multidistrict litigation against Shop-Vac Corp. and Lowe's HIW Inc. alleging that certain Shop-Vac vacuums weren't as powerful as promised, but left intact claims by two others.

Expert Analysis

  • 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.

  • OPINION: Advance Conflict Waivers Send Wrong Message

    Eric L. Lane

    If there is anything that would convince big law firms to ditch the advance conflict waiver, it is the financial bottom line. And I can assure you firms are losing new client opportunities because of these waivers, says Eric Lane of Green Patent Law.

  • States Cracking Down On Pregnancy Discrimination

    Celina R. Joachim

    The Illinois legislature recently passed HB 8, the latest in a flurry of state and local legislation requiring employers to provide accommodations for pregnant employees and paid family leave. Employers, adjust your summer to-do lists, say attorneys at Baker & McKenzie LLP.

  • DC Circ. Misses Opportunity To Clarify NEPA Guideposts

    James F. Bowe Jr.

    The D.C. Circuit's recent opinion in Delaware Riverkeeper Network v. FERC does not offer any meaningful guidance regarding how the Federal Energy Regulatory Commission should address the segmentation and cumulative impact issues on remand, say attorneys at King & Spalding LLP.

  • States May Be Moving To Expand The Federal Sunshine Law

    Meena Datta

    Connecticut’s recent statutory addition to the Physician Payment Sunshine Act demonstrates that the number of state disclosure laws may still be growing, particularly with respect to payments or benefits conferred to nonphysician practitioners. Although it is unclear whether other states will follow Connecticut’s lead, manufacturers should nonetheless position themselves to adapt quickly, say attorneys at Sidley Austin LLP.

  • The Doomed Counterclaims In Egg Price-Fixing Case

    Don Hibner Jr.

    In the Processed Egg Products Antitrust Litigation, the plaintiffs moved to dismiss the defendants' counterclaims as making no logical sense, and the Pennsylvania federal court agreed. Avoid issues at a pleading stage that are more than likely not factually supported — the logical fallacy may live far beyond the counterclaim arena, say Don Hibner Jr. and Thomas Nevins of Sheppard Mullin Richter & Hampton LLP.