Pennsylvania

  • October 31, 2014

    Pa. Gov.’s $95M Park Drilling Plan Faces 2nd Enviro Suit

    The Delaware Riverkeeper Network on Thursday became the second Pennsylvania environmental group to challenge Gov. Tom Corbett’s plan to lease state park and forest land to raise $95 million for the state’s general fund, claiming that the governor’s executive order violates the state’s constitution.

  • October 31, 2014

    Pa. Justices Affirm Philly Judge's Punishment For Lying

    An August 2013 order removing Philadelphia County judge from the bench after he was accused of withholding information about his legal and financial struggles as part of a review of judicial candidates was affirmed Thursday by a unanimous Pennsylvania Supreme Court.

  • October 31, 2014

    Pa. High Court Gives Hotelier's SEPTA Damage Suit 2nd Life

    The Pennsylvania Supreme Court on Thursday revived a hotelier's allegations that a railroad bridge owned by a state transit agency contributed to $6 million in flood damage, saying the claims aren't preempted by the Federal Railroad Safety Act.

  • October 31, 2014

    Comcast Castoff Plans $5.7B IPO Tied To Time Warner Deal

    Midwest Cable Inc., the cable company Comcast Corp. is spinning out to ease antitrust concerns over its planned merger with top rival Time Warner Cable Inc., said Friday it plans to raise $5.7 billion in an initial public offering next year.

  • October 31, 2014

    Salmon Ricchezza Can't Keep UPS Suit In Federal Court

    A Pennsylvania federal judge ruled Wednesday that the court lacks jurisdiction to hear a legal malpractice suit lodged by United Parcel Service Inc. against Salmon Ricchezza Singer & Turchi LLP, and remanded the case back to state court.

  • October 31, 2014

    Claims Can Waive Mental Health Docs Privacy: Pa. High Court

    The Pennsylvania Supreme Court ruled Thursday that negligence claims over injuries suffered by a man who was hit by a truck, an incident that was later deemed a suicide attempt by investigators, waives a provision of state law providing confidentiality for documents concerning an individual’s mental health history.

  • October 31, 2014

    Ex-Anapol Schwartz Atty Wants Sanctions In Gay Bias Fight

    An ex-Anapol Schwartz Weiss Cohan Feldman & Smalley PC attorney who alleges that a culture of anti-gay bias at the firm derailed a lucrative job opportunity asked a Pennsylvania state judge Thursday to impose sanctions over its efforts to procure his former employment records.

  • October 30, 2014

    Title Ruling Can't Alter Gas Lease, Pa. Justices Told

    An Anadarko Petroleum Corp. unit has urged the Pennsylvania Supreme Court to uphold a decision finding that a gas lease agreement it inked with a Tioga County couple in 2006 remains valid as originally drafted despite the subsequent discovery of a deed restriction requiring legal action to resolve.

  • October 30, 2014

    Highmark Plan Doesn't Violate UPMC Deal, Pa. Court Finds

    A new Medicare product by Highmark Health that allegedly denies seniors in-network access to medical services at University of Pittsburgh Medical Center is not in violation of an agreement with the hospital, Pennsylvania’s Commonwealth Court said on Thursday.

  • October 30, 2014

    Judge Won't Block Sale Of Pa. Nissan Dealership

    A Pennsylvania federal judge declined Wednesday to block the sale of a Nissan North America LLC dealership at the center of an antitrust lawsuit, ruling that the rebuffed would-be buyer had not proven the necessity of an injunction in his suit alleging price-fixing.

  • October 30, 2014

    Lyft Looks To Dodge $7M Fine For Operating In Pa.

    Lyft Inc. urged the Pennsylvania Public Utility Commission Tuesday to reject a nearly $7 million fine proposed over allegations that the rideshare company violated a cease-and-desist order preventing it from operating in the state, saying the PUC’s complaint is legally insufficient.

  • October 30, 2014

    TerraForm Pays $250M For 39 Capital Dynamics Solar Assets

    In an effort to bolster its solar capabilities, SunEdison Inc. subsidiary TerraForm Power Inc. has agreed to buy a portfolio of solar energy assets from Swiss asset manager Capital Dynamics for about $250 million, the companies said late Wednesday evening.

  • October 30, 2014

    Pa. Rep Launches Probe Into Fracking Waste Disposal

    A Pennsylvania congressman has asked the state’s Department of Environmental Protection to hand over records about its process for monitoring the handling and disposal of waste from hydraulic fracturing as part of a nationwide investigation by a U.S. House of Representatives subcommittee.

  • October 30, 2014

    Another Judge Nixes Stan Lee Media's Spider-Man Claims

    A second judge in as many days has rejected Stan Lee Media Inc.'s oft-asserted claim that it owns the rights to Spider-Man and other lucrative Marvel Comics characters created by its former president, booting the litigious company Thursday from a suit The Walt Disney Co. filed against a Pennsylvania theater.

  • October 29, 2014

    Teva Tells 3rd Circ. Other Rulings Back Lamictal Dismissal

    Teva Pharmaceutical Industries Ltd. urged the Third Circuit on Tuesday not to revive a suit over a no-authorized-generic deal between the company and GlaxoSmithKline PLC regarding Lamictal, claiming that dismissals in other antitrust cases support the notion that the U.S. Supreme Court’s Actavis ruling has limited reach.

  • October 29, 2014

    Ex-Patent Rights Holders Want $20M Skin Drug Suit Revived

    Former shareholders of a pharmaceutical company that held patent rights for skin medication Brimonidine have asked a Pennsylvania state judge to reconsider a decision ending a $20 million suit against current rights holder Galderma Laboratories LP.

  • October 29, 2014

    Union's CBA Law Noncompliance Voids Wage Hike: Pa. Court

    The Pennsylvania Commonwealth Court on Wednesday agreed with a lower court that a union's failure to abide by state law requirements governing the process for selecting an arbitration panel voided a wage increase ultimately won by police officers in Gettysburg.

  • October 29, 2014

    Federal Judge, Wife Want Sperm Bank Row Heard In Philly

    A lawsuit accusing Morris & Clemm PC of pursuing frivolous claims against the wife of a federal judge over storage costs related to her fertility clinic was improperly transferred out of Philadelphia County into the suburbs where the original litigation took place, a Pennsylvania appeals court heard Wednesday.

  • October 29, 2014

    Pa. Superior Court Urged To Nix $15M In Topamax Verdicts

    The Pennsylvania Superior Court was urged during oral arguments Wednesday to throw out a pair of verdicts awarding $15 million to two plaintiffs who filed suit against a Johnson & Johnson subsidiary alleging that the epilepsy drug Topamax caused birth defects in their children.

  • October 29, 2014

    Charter Offers $1.5B Debt For Acquisition Of TWC Customers

    Charter Communications Inc. said Wednesday it will issue $1.5 billion in bonds to partly fund its acquisition of 1.5 million Time-Warner Cable Inc. customers, an offshoot of Comcast Corp.’s $45 billion acquisition of Time-Warner designed to help the mega-deal pass antitrust muster.

Expert Analysis

  • Important O&G Regulatory Developments Come To Pa.

    Tad MacFarlan

    The Pennsylvania Department of Environmental Protection's recent insight into enforcement protocols for the oil and gas industry reaffirms procedures for issuing and resolving notices of violation, establishes a new process for resolving water supply contamination incidents and updates well-inspection policies, say Timothy Weston and Tad MacFarlan of K&L Gates LLP.

  • Judge Blocks NJ Sports Betting — What's Next?

    Daniel Wallach

    Less than 48 hours before Monmouth Park Racetrack was to open the first legal sports book in New Jersey, U.S. District Judge Michael Shipp put a temporary halt to those plans. Oral argument on the leagues’ application for a preliminary injunction is scheduled for Nov. 20. Can we expect a different outcome? Don’t bet on it, says Daniel Wallach of Becker & Poliakoff PA.

  • The Legal Professions’ Curious Under-Use Of 2nd Opinions

    Judge Wayne D. Brazil

    As conscientious professionals who are required to address problems with notoriously elusive dimensions, lawyers should consider securing second opinions in a much wider array of circumstances than has been the norm, says Judge Wayne Brazil, a neutrual with JAMS and former magistrate judge in the U.S. District Court for the Northern District of California.

  • A Possible Game-Changer For 'Silent' Arbitration Clauses

    Brian Berkley

    Notwithstanding its arguably questionable precedential support, the Third Circuit’s decision in Opalinski v. Robert Half Inc. is not surprising. It continues arbitration law’s march toward a likely end, by any path, for class action liability for companies and other business entities, say Brian Berkley and Matthew Adler of Pepper Hamilton LLP.

  • Multistate Class Actions Face Tough Test At 3rd Circ.

    Joel E. Tasca

    Adding to its recent trend of case law raising the bar for plaintiffs seeking class certification, the Third Circuit's ruling in Grandalski v. Quest Diagnostics Inc. will make it even more difficult for consumers to gain certification of multistate classes when state law claims are being asserted, say Burt Rublin and Joel Tasca of Ballard Spahr LLP.

  • New Jurisdictional Issues When Moving To Quash A Subpoena

    Steven Luxton

    The Nevada federal court's recent ruling in Agincourt Gaming LLC v. Zynga Inc. is an important reminder that a nonparty wanting to challenge a civil subpoena should consider carefully the appropriate jurisdiction in which to file a motion to quash under recently enacted Rule 45, say Steven Luxton and Brad Nes of Morgan Lewis & Bockius LLP.

  • DOJ Change On Waiver-Of-Appeal Policies Isn't Enough

    Alain Leibman

    The U.S. Department of Justice recently announced a modest change in its waiver-of-appeal policies. But, as shown in a recent Third Circuit case that severely penalized a defendant who appealed in the face of an unconditional waiver, the DOJ must revisit the entire question of demanding appeal waivers as a condition of a defendant being allowed to plead guilty, says Alain Leibman, a partner with Fox Rothschild LLP and former federal prosecutor.

  • The Truth About Patent Damage Awards

    Brian Howard

    Although many may associate patent litigation with a proliferation of stratospheric jury verdicts, these preconceptions are most often wrong. Few patent cases go to trial, and fewer result in any damages, let alone the kind that make headlines. Let's look at the numbers, says Brian Howard, co-author of the Lex Machina Patent Litigation Damages Report.

  • When Fraud, Spoliation Are Added To Asbestos Claims

    Jesse L. Morris

    The Third Circuit's recent ruling in Williams v. BASF Catalysts could prove an instructive example of how litigation may unfold when fraud and spoliation claims are brought against industrial manufacturers and their successors linked to asbestos-related illnesses and deaths, says Jesse Morris of Weil Gotshal & Manges LLP.

  • OPINION: Don't Mess With... Arizona?

    Michael Li

    Fifty years ago, Justice Felix Frankfurter cautioned courts about getting mired in the “political thicket” of redistricting. In agreeing to hear Arizona State Legislature v. Arizona Independent Redistricting Commission, the U.S. Supreme Court could be about to take a big step further into that thicket, says Michael Li, counsel at the Brennan Center for Justice, NYU School of Law.