Pennsylvania

  • December 9, 2016

    Deceased Philly Firefighter's Estate Sues Over Faulty Gear

    The family of a Philadelphia firefighter who was killed in a 2014 blaze brought a state court lawsuit Thursday against several companies involved in the manufacture and sale of a self-contained breathing apparatus and manufacturers of protective garments, blaming them for her death.

  • December 9, 2016

    Docs Not At Fault For Delayed Diagnosis, 3rd Circ. Says

    A Third Circuit panel Thursday refused to revive a pair of siblings’ medical malpractice lawsuit which argued that a delayed lung cancer diagnosis led to the death of their mother, finding that the health care providers and doctors involved weren’t sufficiently connected to the harm.

  • December 8, 2016

    3rd Circ. Won't Rethink Nixing Of Law Firm's Risperdal Suit

    The full Third Circuit declined Thursday to revisit a ruling that Philadelphia personal injury firm Sheller PC could not prove that the U.S. Food and Administration’s rejection of its petition requesting revocation of approval of the antipsychotic drug Risperdal led to increased costs in underlying litigation.

  • December 8, 2016

    Michael Foods Settles Egg Price-Fix MDL For $75M

    Packaged goods holding company Post Holdings Inc. will pay $75 million to settle class claims against Michael Foods Inc. from direct purchasers of shell eggs in multidistrict litigation alleging a price-fixing conspiracy, the company announced on Thursday.

  • December 8, 2016

    Rice Energy Hit With $3.5M In Fines Over Pa. Violations

    Rice Energy Inc. has agreed to pay more than $3.5 million to resolve accusations by the Pennsylvania Department of Environmental Protection that it violated environmental laws at 10 well sites and six pipeline locations, the DEP announced Wednesday.

  • December 8, 2016

    Law Firm Ditches Rutgers Students' Malpractice Appeal

    The Third Circuit on Thursday affirmed a lower court's ruling that two lawyers for Carpenter Bennett & Morrissey did not commit malpractice, finding the two former Rutgers University students who brought the suit couldn't prove they had entered into an attorney-client relationship with the firm while preparing their testimony for a professor's detenure proceedings.

  • December 8, 2016

    Pa. Judge Faces Ethics Charges For Harassing Clerks

    A Pennsylvania judicial ethics board is calling for the immediate suspension of a Beaver County magisterial district judge who was formally accused Wednesday of failing to issue mandatory traffic violation fines, habitually mistreating court staff and others and harassing a court clerk who refused to date him.

  • December 8, 2016

    3rd Circ. Won't Revive Usher 'Bad Girl' Copyright Row

    The Third Circuit refused to revive a songwriter’s battle over pop artist Usher’s track “Bad Girl,” on Thursday affirming the trial court’s finding that the bard couldn’t sue for infringement because he shared the copyright with the defendants.

  • December 8, 2016

    Hemispherex Investors Put Anti-Fatigue Drug Suit To Rest

    Hemispherx Biopharma Inc. shareholders have settled a consolidated Pennsylvania derivative suit alleging the company’s directors and officers misrepresented the safety and efficacy of the anti-fatigue drug Ampligen and overstated its prospects for federal approval.

  • December 8, 2016

    Tax On Modem Service Sale To AOL Nixed By Full Pa. Court

    A Pennsylvania appeals court on Thursday rejected en banc the commonwealth's attempt to reverse a panel ruling striking down a sales tax on Level 3 Communications LLC’s sale of modem service to America Online Inc.

  • December 8, 2016

    Shippers Slam Feds' Brief In 3rd Circ. Antitrust Row

    International shippers accused of fixing prices for auto transport on Wednesday trashed arguments by the U.S. and the Federal Maritime Commission that state antitrust claims are not barred by the Shipping Act, telling the Third Circuit they are logically inconsistent.

  • December 8, 2016

    Herr's Says Consumer In Snack Label Suit Should Eat Words

    Herr Foods Inc. urged a Pennsylvania federal court Wednesday to toss a proposed class action accusing the company of misbranding several varieties of packaged snacks as natural and healthy, contending that the consumer leading the suit has no basis for his claims and isn’t an appropriate class representative.

  • December 8, 2016

    Pa. Appeals Court Won't Revive $370M Philly Hotel Spat

    The Pennsylvania Superior Court on Wednesday affirmed a ruling that a lawsuit accusing a Philadelphia developer of squeezing his partners out of a $370 million deal to build an upscale hotel on a vacant parcel of Center City land came too late.

  • December 8, 2016

    Applicant Already Settled Background Check Suit: Rite Aid

    A woman leading a proposed class action alleging Rite Aid unfairly used purchased background reports to penalize job applicants shouldn’t be allowed to pursue her claims further since she already settled with the background check provider, the pharmacy chain has argued in federal court.

  • December 7, 2016

    3rd Circ. Wants Whistleblowers' FCA Sharing Deal Unsealed

    The Third Circuit said a lower court wrongly sealed whistleblowers' settlement of litigation over sharing proceeds from the resolution of Medicare and Medicaid billing False Claims Act lawsuits against laboratory companies, citing Wednesday the public's right to such records.

  • December 7, 2016

    Ch.11 Structured Dismissals Come Under Fire At High Court

    The use of so-called structured dismissals to end Chapter 11 cases came under U.S. Supreme Court scrutiny Wednesday, as a group of truck drivers left out of a settlement benefiting more-junior creditors argued that a bankruptcy court impermissibly distributed bankruptcy estate assets in violation of creditor priority.

  • December 7, 2016

    Pa. Appeals Court OKs Insurer's Claim In Fire Class Action

    A split Pennsylvania appeals court blessed the award to an insurer of part of a $35 million class action settlement for a massive fire on Tuesday, saying it was only fair that the policyholder not receive it.

  • December 7, 2016

    DuPont Loses 3rd Circ. Bid To Pause Remand Of OT Case

    The Third Circuit on Wednesday refused to freeze a remand order while DuPont files a U.S. Supreme Court appeal of a ruling that the company’s policy of paying workers for lunch breaks did not excuse it from paying overtime for time spent donning and doffing equipment.

  • December 7, 2016

    Incoming Philadelphia Bar Chancellor Pushes Pro Bono

    The incoming chancellor of the Philadelphia Bar Association highlighted the importance of pro bono service while speaking to a crowd of legal luminaries Wednesday, suggesting the results of the recent presidential election would make efforts to provide equal justice even more necessary.

  • December 7, 2016

    Pa. DEP To Challenge Fracking Rules Halt At State's Top Court

    Pennsylvania environmental regulators said Tuesday that they would ask the state’s Supreme Court to review a decision blocking certain provisions of controversial new regulations on hydraulic fracturing from taking effect while an industry group pursues a legal challenge.

Expert Analysis

  • Causation At Center Of Pennsylvania Asbestos Ruling

    Jennifer Cree

    The Pennsylvania Supreme Court's recent ruling in Rost v. Ford Motor Co. leaves asbestos defendants — especially low-dose asbestos defendants — in a precarious situation in the state. The court appears to have approved conclusory opinions as satisfaction of a plaintiff’s burden to establish substantial factor causation, and sanctioned the trial court’s improper consolidation of unrelated same-disease asbestos cases without conseque... (continued)

  • Managing Intergenerational Differences Within Your Law Firm

    Najmeh Mahmoudjafari

    We are privileged to be part of an employment market that hosts employees from various generations. While “differences” may imply inherent conflict, intergenerational differences can actually be used to an advantage for organizations — especially law firms, say Najmeh Mahmoudjafari, founder of ImmigraTrust Law, and William Martucci of Shook Hardy & Bacon LLP.

  • Philip Hirschkop: Quietly Making Noise For 50 Years

    Randy Maniloff

    The first paragraph of Philip Hirschkop’s obituary is going to contain the word "Loving." That’s undeniable. But many of Hirschkop’s other cases are just as groundbreaking in their own right. They aren’t household names like Loving, but they have affected millions in the nation’s households, says Randy Maniloff of White and Williams LLP.

  • Judicial Treatment Of Interrelated Acts: Part 2

    Jurman.jpg

    Whether or not courts regard multiple acts, errors, omissions or claims as interrelated or related is very fact-specific and highly dependent on the language of the policy in question. In the second part of this article, Rory Jurman and Steven Cula primarily explore how Florida courts have interpreted related claim provisions.

  • Using Payroll Cards To Pay Employees’ Wages

    Excerpt from Lexis Practice Advisor
    Kevin E. Vance

    When advising employers on the use of payroll card programs as an alternative method of paying employees there are several considerations lawyers should adopt. Kevin Vance of Duane Morris LLP discusses key issues concerning payroll cards and best practices for establishing and maintaining a payroll card program.

  • The Ethical Risks Of A Multijurisdictional Practice

    Melinda Gentile

    As law firms and clients conduct more business on a regional or national scale, multijurisdictional practice is becoming more prevalent for practicing attorneys. Attorneys engaged in both private practice and as in-house counsel need to be aware of the ethical risks of practicing across jurisdictions — including the implications of engaging in the unauthorized practice of law, say Melinda Gentile and Monique Cardenas of Peckar & Abramson PC.

  • How Law Firms Are Using Analytics To Reduce Write-Offs

    Haley Altman

    It is increasingly necessary for law firms to implement strategies to improve efficiency, staffing and value to meet client needs. Haley Altman, CEO and co-founder of Doxly Inc., discusses how to successfully leverage analytical tools and emerging technology to increase profitability.

  • REVIEW: The Missing American Jury

    Judge William Young

    Face it, the American jury system is dying. The arguments Professor Suja Thomas makes in her new book deserve consideration by everyone interested in how our government actually works and how it might recapture the unifying communitarian experience of direct democracy and actual trial by one’s peers, says U.S. District Court Judge William Young of the District of Massachusetts.

  • 2 Decisions Strengthen FTC's Hand In Hospital Merger Cases

    David C. Kully

    The Federal Trade Commission recently succeeded on appeal in two hospital merger challenges, in the Third and Seventh Circuits. Hospitals evaluating merging with nearby competitors should keep in mind the analytical approaches laid out in these decisions, say David Kully and Christopher Carmichael of Holland & Knight LLP.

  • What History Tells Us About Obama's Antiquities Act Legacy

    John Freemuth

    As the end of the Obama administration approaches there is renewed attention on President Barack Obama's use of the Antiquities Act of 1906. While almost every U.S. president has used his authority under this act to create new national monuments, its use has fueled tensions between the federal government and states over land control, say John Freemuth and Mackenzie Case of Boise State University.