Pennsylvania

  • November 20, 2014

    NFL Drives To Lock Down NJ Sports Betting Injunction

    The National Football League and other professional sports leagues asked a federal judge on Thursday for a preliminary injunction against sports betting at New Jersey’s casinos and racetracks, calling the state’s selective repeal of gambling laws a blatant attempt to circumvent a Third Circuit ruling.

  • November 20, 2014

    Pa. High Court Won't Let State Close Health Centers

    The Pennsylvania Supreme Court on Thursday granted a Service Employees International Union affiliate’s bid for a preliminary injunction stopping the state from closing 26 community health centers, saying it was necessary to prevent immediate and irreparable harm.

  • November 20, 2014

    Pa. Justices Uphold $500K Government Damages Cap

    The Pennsylvania Supreme Court on Wednesday upheld the constitutionality of a state law capping tort liabilities for political subdivisions at $500,000, releasing a school district from a $14 million jury verdict granted to a student injured in a bus accident.

  • November 20, 2014

    Pa. High Court Rejects 3rd Tort Restatement

    In a ruling with significant implications on product liability law in the state, the Pennsylvania Supreme Court on Wednesday declined to redirect the focus in these cases from products themselves to the responsibilities of the manufacturer, while electing to alter the framework for jury instructions.

  • November 20, 2014

    Pa. DEP Settles Stormwater Permit Fight With Enviros

    Environmental advocacy group PennFuture and the Pennsylvania Department of Environmental Protection reached a settlement on Wednesday that the group says will improve the state’s municipal program to prevent stormwater runoff from polluting Pennsylvania waterways.

  • November 19, 2014

    Ex-Pfizer Workers Lose Benefits Bid In Suit Over Wyeth Deal

    A Pennsylvania federal judge on Tuesday refused to grant severance benefits to a proposed class of former Pfizer Inc. workers who alleged in an Employee Retirement Income Security Act suit that they were owed the benefits after an employment transfer that followed the company's $68 billion acquisition of Wyeth Pharmaceuticals.

  • November 19, 2014

    3rd Circ. Is True Test For NJ's Sports Betting Plans

    The odds are New Jersey won't be able to overcome an effort by sports leagues Thursday to block legalized sports gambling in the Garden State, but the true test of whether the plan clashes with federal law won't come until the dispute goes back up to the Third Circuit, attorneys say.

  • November 19, 2014

    Par Pharma Says Its New Drug Won't Rip Off GSK's Lamictal

    Par Pharmaceutical Inc. on Wednesday urged a Pennsylvania federal court to declare that its new drug doesn’t infringe GlaxoSmithKline LLC’s epilepsy and bipolar disorder treatment Lamictal, saying the U.S. Food and Drug Administration won’t let Par market its drug until a generic version of Lamictal is released.

  • November 19, 2014

    3rd Circ. Told Actavis Allows Noncash Settlement Scrutiny

    A Third Circuit panel was urged during oral arguments on Wednesday to find that a patent settlement between GlaxoSmithKline LLC and Teva Pharmaceutical Industries Ltd. postponing production of a generic epilepsy drug fell under the ambit of a U.S. Supreme Court ruling allowing antitrust scrutiny of pay-for-delay deals.

  • November 19, 2014

    NFL, Class Counsel Urge Approval Of Concussion Deal

    National Football League attorneys and class counsel on Wednesday pushed a Pennsylvania federal judge to approve a landmark class action settlement over concussion litigation, amid objections from certain former players and family that the deal did not properly cover a key degenerative brain disorder.

  • November 19, 2014

    3rd Circ. Mulls ACA Contraceptive Opt-Out's Religious Burden

    A Third Circuit panel questioned Wednesday whether the First Amendment rights of religious employers, including two Pennsylvania Catholic dioceses, were substantially burdened by an Affordable Care Act provision that allows them to avoid providing contraceptive coverage to female employees while also ensuring workers get access to the services.

  • November 19, 2014

    Acquitted Philly Traffic Court Judge Gets Suspension Lifted

    The Pennsylvania Supreme Court on Tuesday vacated a 2013 suspension without pay for a Philadelphia Traffic Court judge who has subsequently been acquitted of ticket-fixing charges, amid a dissent from Chief Justice Ronald Castille.

  • November 18, 2014

    NLRB Rules Hospital Had To Pay Raises After CBA Expired

    A National Labor Relations Board administrative law judge ruled Monday that Wilkes-Barre Hospital Co. LLC, which operates Wilkes-Barre General Hospital in Pennsylvania, violated federal labor law by failing to pay longevity-based raises to nurses after their collective bargaining agreement expired.

  • November 18, 2014

    Farm Groups Ask 3rd Circ. To Kill EPA Chesapeake Bay Plan

    A set of agriculture and construction groups on Tuesday asked the Third Circuit to overturn a 2013 decision upholding a set of federal pollution restrictions for the Chesapeake Bay watershed, arguing the U.S. Environmental Protection Agency overstepped its authority.

  • November 18, 2014

    NJ Fights Latest Challenge To Gay Conversion Therapy Ban

    New Jersey and a civil rights organization urged the Third Circuit on Monday to sink another appeal over a state law banning the use of “conversion therapy” to alter the sexual orientation of minors, arguing that an earlier decision from the court derails the plaintiffs' arguments.

  • November 18, 2014

    $450M Live! Casino Project Gets 2nd Philly Gaming License

    Pennsylvania gaming regulators granted unanimous approval Tuesday to a license for Stadium Casino LLC’s proposed $450 million Live! Hotel & Casino Philadelphia amidst concerns that the region’s gaming market had already passed the point of saturation.

  • November 18, 2014

    Pa. Hospice Co. Execs Want Medicare FCA Suit Tossed

    The former owner and an executive of a defunct Pennsylvania hospice company asked a Pennsylvania federal judge Monday to toss a False Claims Act whistleblower suit accusing them of participating in a multimillion-dollar Medicare fraud, saying the complaint failed to point to any fraudulent individual acts they committed.

  • November 18, 2014

    $1B PennEast Pipeline Project Needs Del. Agency's OK

    A consortium of four companies looking to build a $1 billion pipeline to transport Marcellus Shale gas from northeast Pennsylvania to central New Jersey will have to secure the blessing of the Delaware River Basin Commission.

  • November 18, 2014

    GSK Tells 3rd Circ. Avandia RICO Claims Don't Hold Up

    GlaxoSmithKline LLC on Tuesday asked a Third Circuit panel to overturn a trial court ruling and toss racketeering claims brought by three third-party drug purchasers who accused the drugmaker in a class action of hiding heart disease risks associated with the diabetes drug Avandia.

  • November 17, 2014

    Nelson Brown Loses Another NY Partner To Gallo Vitucci

    Pennsylvania-based insurance boutique firm Nelson Brown & Co. has lost another partner to Gallo Vitucci Klar LLP two months after a company reorganization led to the departures of six attorneys, according to a source familiar with the firm.

Expert Analysis

  • 2 Assumptions Shape 3rd Circ. Reverse Payment Case

    Leslie John

    When it heard oral argument in Louisiana Wholesale Drug Co. Inc. v. SmithKline Beecham Corp. Wednesday, the Third Circuit became the first appellate court to enter the debate regarding the impact of the U.S. Supreme Court’s decision in Actavis. This case will have a significant effect on determining which patent dispute settlements should be subject to rule of reason review under Actavis, say attorneys with Ballard Spahr LLP.

  • Insurance Rules Of The Road For Ride-Sharing Companies

    Kara L. DiBiasio

    As more states set regulations for ride-sharing companies, such as Lyft Inc. and Uber Inc., insurance companies should be prepared to offer policies that conform to the various requirements and specify which policies cover company drivers at different stages, says Kara DiBiasio of Sedgwick LLP.

  • Updating Our Understanding Of The FMLA: Part 1

    Linda Dwoskin

    The lesson from the Third Circuit's ruling in Lupyan v. Corinthian Colleges Inc. is that employers must ensure delivery of all legally required notices under the Family Medical Leave Act and retain proof of that delivery, say Linda Dwoskin and Melissa Squire of Dechert LLP.

  • Why Can’t We Be (Facebook) Friends? You Be The Judge

    Peter J. Gallagher

    Some jurisdictions prohibit judges from being social media “friends” with any lawyer who appears regularly before them, while others do not prohibit the practice unless the “friendship” also implicates one of the canons of the Code of Judicial Conduct. The latter seems to be the better approach, says Peter Gallagher of Porzio Bromberg & Newman PC.

  • Cyberattack Reimbursement Doesn't Require Insurer Consent

    Matthew L. Jacobs

    A Pennsylvania district court's recent ruling in First Commonwealth Bank v. St. Paul Mercury Insurance Co., which involved a cyberattack on an oil company, is significant because it demonstrates that insurance coverage is available when the insured is complying with the law governing its response obligations to hacking, regardless of whether the insured received the insurer’s written consent, say Matthew Jacobs and Daniel Johnson o... (continued)

  • Setback For Pa. Insurers In Product Liability Cases

    Sergio F. Oehninger

    The Pennsylvania Supreme Court's decision in Indalex v. National Union Fire Insurance Co. of Pittsburgh Pa. is a substantial hurdle for insurers looking to evade their duty to defend claims arising from negligently designed or faulty products and limits the reach of Kvaerner Metals Division of Kvaerner U.S. Inc. v. Commercial Union Ins. Co., say Sergio Oehninger and Michael Levine of Hunton & Williams LLP.

  • The Corporate Antitrust Policy — Privileged Or Not?

    Leslie John

    As a result of a recent decision in which the Eastern District of Pennsylvania became the first court in the Third Circuit to hold that the attorney-client privilege does not shield an antitrust compliance policy from disclosure in antitrust litigation, counsel should consider advising their corporate clients to preemptively decide whether they want to shield their antitrust policies from production, say attorneys with Ballard Spahr LLP.

  • 5 Ways To Uncover Bias During Jury Selection

    Joshua Dubin

    Failing to identify and elicit suppressed biases hinders practitioners’ ability to de-select prospective jurors during jury selection. Five strategies can help mitigate the effects of prospective jurors’ tendency to “self-enhance,” says Joshua Dubin, principal of Dubin Research & Consulting.

  • How Senate Without Filibuster-Proof Majority Avoids Gridlock

    William R. Nordwind

    Even without a filibuster-proof majority in the Senate, it is likely to be a very active session for the Republican Congress next year — especially if they take advantage of some key legislative tools available to a congressional majority, say former congressional counsel now with Venable LLP.

  • Agricultural Co-Op Litigation Continues To Mushroom

    Don Hibner Jr.

    In the mushroom antitrust litigation currently pending in the Eastern District of Pennsylvania, a seemingly subordinate, ancillary argument resurfaced. But the district court ruled that claims of "advice of counsel" were not sufficient to maintain a Capper-Volstead affirmative defense to allegations that immunity had been forfeited by the inclusion of nonproducer members, says Don Hibner Jr. of Sheppard Mullin Richter & Hampton LLP.