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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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)
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.
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.
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.
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.
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.
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.
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.