Pennsylvania

  • May 26, 2015

    Unclear Liability Exclusion Doesn't Bar Coverage: Pa. Justices

    The Pennsylvania Supreme Court on Tuesday held that the employer's liability exclusion in a restaurant's umbrella commercial liability insurance policy is ambiguous and doesn't bar coverage for an injured restaurant employee's negligence suit against property owners named as additional insureds under the policy. 

  • May 26, 2015

    Heinz Hits Competitor With Suit Over Frozen Dinners Mark

    H.J. Heinz Co., which makes Weight Watchers Smart Ones frozen meals, urged a Pennsylvania federal court Tuesday to undo a trademark office decision allowing the makers of Smart Balance spread to register their brand name as a trademark for frozen foods and snacks.

  • May 26, 2015

    Causation Key For J&J In Philly Risperdal Fight

    Bolstered by a March verdict clearing a Johnson & Johnson unit of liability despite a finding that its Risperdal warning labels were inadequate, the company is likely to keep the focus on whether the antipsychotic drug actually caused a plaintiff's abnormal breast growth as another trial begins Wednesday in Philadelphia.

  • May 26, 2015

    Amtrak Says It Will Install Cameras To Monitor Engineers

    Amtrak announced Tuesday that, in the wake of the deadly derailment in Philadelphia earlier this month, it plans to install inward-facing video cameras to monitor the performance of engineers in its fleet of locomotives servicing the heavily-trafficked Northeast Corridor by the end of the year.

  • May 26, 2015

    Chesapeake Says $5B Rico Suit Blocked By Pa. Precedent

    Chesapeake Energy Corp. on Friday asked a Pennsylvania federal judge to dismiss a Racketeer Influenced and Corrupt Organizations Act suit brought by more than 90 owners of royalty interests in natural gas alleging $5 billion in damages, saying a Pennsylvania Supreme Court precedent blocks the claims.

  • May 26, 2015

    Philly Hotel Top Brass Accused Of Defrauding UPenn Of $3M

    Two top employees at a Sheraton Hotel in Philadelphia were accused Tuesday of defrauding the University of Pennsylvania of more than $3 million through false billings.

  • May 26, 2015

    Bayer, Merck Hit In Pa. Court Over Avelox Nerve Damage

    Bayer Corp. and Merck & Co. Inc. downplayed the risk of permanent nerve damage posed by the antibiotic Avelox and have promoted the drug for minor conditions that can be treated with safer medications, according to a complaint filed in Pennsylvania court on Friday.

  • May 26, 2015

    Gay Ex-Anapol Schwartz Atty Says Trial Judge Was Biased

    Jeffrey Downs, the gay former Anapol Schwartz Weiss Cohan Feldman & Smalley PC attorney who failed to persuade a Philadelphia jury that the firm pushed Raynes McCarty to withdraw a lucrative job offer, on Tuesday said that the presiding judge was a former colleague of the lead defense attorney and harbored a bias.

  • May 26, 2015

    ArcelorMittal Negligent In 2013 Plant Explosion, Suit Says

    Three men hurt in a 2013 industrial accident at a Pennsylvania ArcelorMittal USA LLC steel mill filed a lawsuit against the company in state court on Friday, arguing a furnace explosion came as a result of the company’s negligence.

  • May 26, 2015

    Consumer Blames Ikea Dresser Defect For Boy's Death

    A two-year-old boy was crushed to death due to a dangerous design defect in a dresser manufactured by The Ikea Group that allows the product to fall forward too easily, according to a recent complaint filed by the boy’s mother in Pennsylvania court.

  • May 26, 2015

    High Court Won't Hear FirstEnergy $250M Rate Hike Appeal

    The U.S. Supreme Court, in an order published Tuesday, denied two FirstEnergy Corp. subsidiaries review of their suit against a Pennsylvania regulator they accused of usurping federal authority after blocking them from billing customers to recoup $250 million in lost electricity.

  • May 22, 2015

    Mylan Says Kirkland ‘Thumbs Its Nose’ At Client Loyalty

    Mylan Inc. fired back at Kirkland Ellis LLP, telling a Pennsylvania federal court Friday that the firm “thumbs its nose” at its duty of loyalty to clients and should be blocked from representing Teva Pharmaceutical Industries Ltd. in its hostile takeover bid of Mylan NV.

  • May 22, 2015

    Philly Zoloft Trial Can Shape Expert Testimony In MDL

    The second bellwether trial over the alleged birth defect risks of Pfizer Inc.'s antidepressant Zoloft begins at the end of this month in a Pennsylvania state court, and attorneys say the success of the expert testimony could make or break plaintiffs' chances in the Zoloft multidistrict litigation playing out in federal court.

  • May 22, 2015

    Hagens Berman In Hot Seat Over Dropped GSK Suits

    Hagens Berman Sobol Shapiro LLP is fighting tooth and nail to stop a special master from questioning 31 of its clients on their decision to drop birth defect suits in Pennsylvania federal court against GlaxoSmithKline, saying the move would violate attorney-client privilege. But there is precedent for inquiries into plaintiffs firms’ conduct, especially in the context of tort litigation gone awry.

  • May 22, 2015

    Fired Worker's Hospital Stay Not 'Overnight,' 3rd Circ. Says

    A divided Third Circuit panel handed down a precedential ruling on Friday finding that a worker’s November 2011 hospitalization did not count as an overnight stay under the federal Family and Medical Leave Act because he had been admitted shortly after midnight and discharged later the same day.

  • May 22, 2015

    Pa. Dems Back State's Intervention In Highmark, UPMC Row

    Democrat leaders of the Pennsylvania General Assembly fired off an amicus brief on Friday supporting the state’s bid to force the University of Pittsburgh Medical Center to reverse its decision ending a series of Medicare Advantage contracts between its hospitals and rival insurer Highmark Inc.

  • May 22, 2015

    Tribal Loan Manager Immune To Suit, Pa. Judge Says

    A Pennsylvania federal judge on Thursday tossed claims brought against a manager of Lac Vieux Desert Band of Lake Superior Chippewa Indians' loan company Sovereign Lending Solutions LLC over an allegedly usurious loan, ruling the manager had tribal sovereign immunity against the suit.

  • May 22, 2015

    Sandusky Whistleblower Can Access Ex-Penn State GC Emails

    A Pennsylvania judge said Thursday that he would not bar the release of purportedly privileged communications between two former Penn State University administrators and the school’s general counsel in a suit by a former assistant football coach who says he was fired for blowing the whistle on sex offender Jerry Sandusky.

  • May 21, 2015

    Astor Weiss, Atty Sued Over ‘Bungled’ $18M Telco Case

    Communications Network International Ltd. has slammed its former attorney with a malpractice suit for a “quixotic charade” across 13 years of hopeless, error-ridden litigation against defunct MCI WorldCom Communications Inc., according to a complaint filed in Pennsylvania state court.

  • May 21, 2015

    3rd Circ. OKs Cutting Fired Workers Out Of Ch. 11 Settlement

    Twelve hundred truckers fired abruptly by Jevic Transportation Inc. were unable to bend the Bankruptcy Code to their aid Thursday, when a U.S. appeals court approved a priority-toppling settlement that favored banks and private equity firms while leaving the truckers, and their $12.4 million wage claim, in the cold.

Expert Analysis

  • Sign Of Courts' Growing Impatience With Procedural Errors

    Bruce P. Merenstein

    The Third Circuit decision in Lehman Brothers Holdings Inc. v. Gateway Funding Diversified Mortgage Services LP — and some strong words from the court in its opinion — have raised concerns that the court may be becoming more rigid in its application of procedural rules, and signals that federal appellate courts may be losing patience with procedural errors, say Carl Solano and Bruce Merenstein of Schnader Harrison Segal & Lewis LLP.

  • Congress Could Be Coming For Dietary Supplements Soon

    Douglas F. Gansler

    The next chapter in the saga of New York State Attorney General Eric T. Schneiderman and company's investigation into the dietary supplements industry may take place on Capitol Hill given their recent letter to Congress requesting an investigation of the industry as well as stronger oversight from the U.S. Food and Drug Administration, say attorneys at BuckleySandler LLP, including the former attorney general of Maryland.

  • OPINION: Pro Bono Lawyers Can Close Debtors' Prisons

    Lisa W. Borden

    The damning U.S. Department of Justice report on municipal court practices in Ferguson, Missouri, recently put a spotlight on the re-emergence of debtors' prisons. These practices are by no means limited to Ferguson. As tax revenue and other sources of operating income have declined, many cities and towns throughout the country have looked to municipal court operations as a primary source of revenue, says Lisa Borden of the Associa... (continued)

  • Be Aware Of Spousal Guaranties In Pa. Entireties Properties

    Tyler S. Dischinger

    Property held in an entireties estate is held by each spouse in the whole, so neither spouse can unilaterally sever the estate. By extension, such property is generally protected from execution by creditors of one of the spouses. This concept can become particularly interesting — and troublesome, from the perspective of creditors — when spousal guaranties are involved, say George Cass and Tyler Dischinger of Buchanan Ingersoll & Rooney PC.

  • 3rd Circ. Offers A Defense In Data Breach Class Actions

    Nicholas Ranjan

    A growing body of case law in the Third Circuit on Article III standing over data breach litigation offers a simple lesson: Companies that find themselves as defendants in data breach class actions should determine whether plaintiffs have alleged any injuries in fact and, if not, move to dismiss the litigation at the outset, say Nicholas Ranjan and Syed Ali of K&L Gates LLP.

  • Rejection Of Oil And Gas Leases May Prove Futile

    Camisha L. Simmons

    Although scant, there is case law authority which stands for the proposition that rejection of unexpired oil and gas leases would prove futile in light of the protections provided lessees under Bankruptcy Code section 365(h). Debtor lessors desiring to use bankruptcy as a way to cleanse themselves of unwanted oil and gas leases should think twice, says Camisha Simmons, founder of Simmons Legal PLLC.

  • What’s Next After Williams-Yulee?

    Matthew Menendez

    By recognizing in Williams-Yulee v. Florida Bar the vital state interest in judicial integrity, and that “precedents applying the First Amendment to political elections have little bearing” on judicial elections, the U.S. Supreme Court may be signaling that states may take additional steps to regulate judicial elections differently, says Matthew Menendez, counsel in the Fair Courts Project at the Brennan Center for Justice at NYU School of Law.

  • OPINION: The Finality Of A Final Removal Order

    Judge Mahlon F. Hanson

    It is particularly egregious for the U.S. Department of Homeland Security to empower midlevel bureaucrats with limited experience administering the provisions of the Immigration and Nationality Act to adjudicate in rubber stamp fashion deferred action applications based solely on departmental eligibility guidelines that nullify the orders of immigration judges, say Judges Mahlon Hanson and Elizabeth Hacker of the Immigration Reform Law Institute.

  • Law Firms Could Learn A Lot From The NFL Draft

    Mark Levin

    The NFL draft is the culmination of months of research and often years of watching top player prospects, all in the hopes of making the right decision on draft day and assembling the right athletes for a shot at a championship season. Law firm management, does this sound familiar to you? asks Mark Levin, co-founder of The Right Profile LLC and a former chief business development officer for two Chicago law firms.

  • As Goes Calif. Stormwater, So Goes The Nation's?

    Samuel L. Brown

    When states implement a flexible federal environmental regulatory program, when does a state's implementation transform it from a federal into a state requirement? The answer may come from the California Supreme Court in State Department of Finance v. Commission on State Mandates and has the potential to impact stormwater programs nationwide, says Samuel Brown of Hunton & Williams LLP.