Pennsylvania

  • March 30, 2015

    Paterno Family’s Contract Claim Axed Again In NCAA Suit

    A Pennsylvania judge ruled the family of the late Joe Paterno can’t sue Penn State University and the NCAA for breach of contract over fallout from the Jerry Sandusky scandal, according to an order released Monday, the second time the judge has thrown out the claims.

  • March 30, 2015

    The 2015 Rising Stars, By Firm

    Law360's Rising Stars recognizes attorneys under 40 who have demonstrated outstanding career accomplishments. This year, King & Spalding LLP and Sidley Austin LLP led the pack with seven Rising Stars each, followed by Gibson Dunn and Sullivan & Cromwell LLP with six Rising Stars each, and Jones Day and Kirkland & Ellis LLP with five Rising Stars apiece.

  • March 30, 2015

    Pa. High Court Hopeful Lazarus Gets Philly Bar's Top Rating

    Judge Anne Lazarus became the first-ever contender for a seat on the Pennsylvania Supreme Court to win a "highly recommended" rating from the Philadelphia Bar Association as the organization released its first round of candidate ratings on Monday.

  • March 30, 2015

    Dioceses Seek Another Birth Control Showdown In 3rd Circ.

    A pair of Pennsylvania dioceses and affiliated nonprofits are asking the Third Circuit to reconsider requiring them to comply with the Affordable Care Act’s contraceptive coverage mandate, saying the court misunderstood the Catholic faith when ruling that merely waiving participation in the program wasn’t a substantial burden on their religious beliefs.

  • March 30, 2015

    Wyndham, FTC Spar Over Data Security Practices At 3rd Circ.

    The Federal Trade Commission and Wyndham Worldwide Corp. on Friday presented their arguments to the Third Circuit over whether a federal court can hear a data security challenge brought by the agency without it first declaring that unreasonable cybersecurity practices are unfair under the FTC Act.

  • March 30, 2015

    Pa. Firm's Ex-Partner Charged For Forging Law License

    A former partner with the Pennsylvania-based BMZ Law PC has been slapped with criminal charges for allegedly forging documents to conceal the fact that she’d neither passed the state’s bar exam nor attended law school.

  • March 30, 2015

    3rd Circ. Told Recent Ruling Affects Pa. Bar Reciprocity Law

    The National Association for the Advancement of Multijurisdiction Practice, a group challenging Pennsylvania's rule denying bar admission to attorneys from states lacking reciprocity agreements, asked the Third Circuit on Thursday to overturn a lower court's decision upholding the law because the judge failed to apply recent Third Circuit precedent.

  • March 30, 2015

    Woman Gets 2nd Shot At Sex Harassment Suit Against Judge

    A woman who claims that she was groped by an administrative law judge for the U.S. Social Security Administration will get a second shot at filing suit over the incident after a Pennsylvania federal court issued a ruling finding that her initial complaint failed to level a valid claim.

  • March 27, 2015

    Barrack Rodos Seeks Sanctions Against Ex-Consultant

    Barrack Rodos & Bacine has responded furiously to a former consultant who sued the shareholder-focused law firm for breach of contract and $1.5 million he purportedly earned, asking a Philadelphia judge to strike the consultant's complaint and sanction him and his attorney for making an “extraordinary” attempt to win money from the firm.

  • March 27, 2015

    Pa. Utility Dodges Solar Co.’s Unfair Competition Suit

    A Pennsylvania federal judge shot down a solar company’s unfair competition claim against a utility company that wouldn’t allow access to the power grid for electricity generated by solar power, saying Sunrise Energy LLC’s arguments came up short of the threshold for a claim.

  • March 27, 2015

    3rd Circ. Should Uphold Horizon Settlement, Attys Say

    Horizon Blue Cross Blue Shield of New Jersey and counsel for a class of health care service providers have urged the Third Circuit to preserve a class action settlement resolving claims over unpaid reimbursements, saying the deal provides the best solution to the dispute, even for the objectors who appealed.

  • March 27, 2015

    Pa. Justices Snub Gross McGinley Bid To Ax Malpractice Row

    The Pennsylvania Supreme Court said on Friday it would not hear an appeal of a Superior Court decision reviving a $1.15 million legal malpractice complaint against Gross McGinley LaBarre & Eaton stemming from a real estate development dispute.

  • March 27, 2015

    Provigil Pay-For-Delay Suit Survives Reconsideration Bid

    A Pennsylvania federal judge on Friday declined to reconsider his ruling that a handful of pay-for-delay suits against drugmaker Cephalon Inc. over its Provigil narcolepsy drug meets the U.S. Supreme Court’s Actavis standard allowing parties to sue drugmakers over settlements to delay the entry of generic drugs.

  • March 27, 2015

    Pa. Court Affirms Bar On Malpractice Suits Over Settlements

    The Pennsylvania Superior Court on Friday ended a workers’ compensation client’s suit against Dashevsky Horwitz Kuhn & Novello PC, reaffirming a standard set in 1991 that clients cannot sue their attorneys for malpractice over settlement deals they willingly entered into.

  • March 27, 2015

    3rd Circ. Rules Against Gay Honduran Nat'l Who Fears Gang

    The Third Circuit in a precedential opinion on Thursday denied a withholding of removal request by a gay Honduran national who says that he fears torture and death by the infamous Mara Salvatrucha gang, ruling that the gang was interested in his money and recruitment potential and not in harming him on account of his homosexuality.

  • March 27, 2015

    Sanctions Sought Against Dunkin' Donuts In Contract Suit

    Two former owners of Dunkin' Donuts Inc. franchises asked a Pennsylvania federal judge Thursday to sanction the donut chain for “clear, deliberate, material and unjustifiable discovery violations” in their $10 million suit alleging the corporation unlawfully broke its contract with them.

  • March 27, 2015

    Meat Co. Wants Immediate Ban On Tyson's Ball Park Hot Dogs

    Meat products company Parks LLC is pushing for an immediate ban on Tyson Foods Inc.'s new high-end line of Ball Park hot dogs called “Park's Finest,” arguing that the recently debuted brand name amounts to a literal false claim that Tyson's franks are sold by Parks.

  • March 26, 2015

    GNC Asks JPML To Split Supplement MDLs, Consolidate In Pa.

    General Nutrition Corp. told the U.S. Judicial Panel on Multidistrict Litigation on Wednesday that the suits against it and other retailers over allegedly mislabeled herbal supplements should be consolidated in Pennsylvania but that they should be split into separate multidistrict litigations against each defendant.

  • March 26, 2015

    3rd Circ. Nixes Post-Sandy Debris Removal Claim Under SFIP

    The Third Circuit on Thursday concluded that "insured property" as it appears in a Standard Flood Insurance Policy doesn't include land, affirming that an SFIP issued to two homeowners doesn’t cover the cost of removing debris they didn't own that was deposited on their land during Hurricane Sandy.

  • March 26, 2015

    Eckert Seamans Sues Oil Recycling Co. Over Legal Bills

    Eckert Seamans Cherin & Mellott LLC filed suit in Pennsylvania state court on Wednesday aiming to recoup more than $55,000 in legal fees from the owners of a suburban Philadelphia oil recycling business facing an investigation over illegal dumping by the state attorney general’s office.

Expert Analysis

  • Look To Pa. Case On Standard Of Liability For Fracking

    Richard J. Wilson

    As natural gas drilling continues to spread where landowners and courts are unfamiliar with the industry, Ely v. Cabot Oil & Gas Corp. represents a significant step in clarifying the standard of liability under which courts should consider the increasing number of claims alleging damages resulting from hydraulic fracturing, say Richard Wilson and Justin Tschoepe of Norton Rose Fulbright US LLP.

  • 'Hypothetical Test' Takeaways From Trump Entertainment

    Debra McElligott

    The Section 365(c)(1) "hypothetical test" adopted by the Third Circuit remains an obstacle for debtors that simply wish to keep their intellectual property licenses. A Trump Entertainment Resorts Inc. opinion, however, hints at the role Section 365(f)(1) can play in limiting the reach of the hypothetical test, says Debra McElligott of Weil Gotshal & Manges LLP.

  • 3rd Circ. Keeps Open Possible Fracking Carveout Challenge

    Emily B. Thomas

    Despite the decision in Rodriguez v. Secretary of the Department of Environmental Protection, the Third Circuit’s ruling was very narrow and leaves a door open for future challenges to state trade secret protections for hydraulic fracturing companies when it comes to medical care carveouts, says Emily Thomas of Baker & Hostetler LLP.

  • Can Employers Record Employee Phone Conversations?

    James M. McCabe

    Although no court has fully addressed the lawfulness of employers using voice over Internet protocol services to record all employee phone calls under federal and state laws, courts will likely apply the same framework used to examine the lawfulness of traditional telephone recordings, says James McCabe of Troutman Sanders LLP.

  • And Now A Word From The Panel: Just Say No (To MDLs)?

    Alan E. Rothman

    What will spring bring for the Judicial Panel on Multidistrict Litigation? Will it continue to close the door on new MDL proceedings? Will it decide to throw the baby out with the bathwater and decline to create a baby wipe MDL? asks Alan Rothman of Kaye Scholer LLP.

  • Not Saved By The Bell: Dismissing Classes Prediscovery

    Laura E. Vendzules

    While bet-the-company class actions are on the rise with support from regulatory agencies, courts remain more open to limiting their scope. Bell v. Cheswick Generating Station is critical in that it signals a willingness to dispose of class claims before class discovery and prior to any motion for certification if the class as alleged is implausible on its face, say Laura Vendzules and Michael Iannucci of Blank Rome LLP.

  • This Week In Congress: Bicameral Coincidence, Vote-A-Rama

    Richard A. Hertling

    This week both chambers begin the annual congressional budget debate, a process that will set the budget rules and spending limits for the congressional appropriations committees in funding federal agencies for fiscal year 2016. And on Thursday, the Senate will begin its famed “Vote-a-rama,” say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • Is Your Landfill Or Other Wasting Asset Fairly Assessed?

    Ronald S. Cusano

    As an investment, a landfill is high risk due in part to the potential for extreme environmental liabilities. Conventional appraisal methods, including cost, comparable sales and even the traditional income method, do not account fully for these unique factors, says Ronald Cusano of Schnader Harrison Segal & Lewis LLP.

  • What's New In Pennsylvania's Latest Video Gaming Bill

    Frank DiGiacomo

    This week, the Pennsylvania House of Representatives introduced a bill that would authorize video gaming machines in establishments with valid liquor licenses. While similar legislation was introduced last year, there are distinct differences between the two bills, say attorneys with Duane Morris LLP.

  • An Ongoing Tax Refund Saga For Bank Holding Companies

    Andrew I. Silfen

    The Third Circuit recently waded into the ongoing debate over the ownership of tax refunds generated by a failed bank in FDIC receivership but paid to a failed bank holding company due to the existence of a tax sharing agreement. The decision deepens the circuit court divide regarding this issue, which will likely need to be resolved by the U.S. Supreme Court, say Andrew Silfen and Jeffrey Rothleder of Arent Fox LLP.