• October 24, 2014

    3rd Circ. Won't Rehear Commerce Bank CEO's New Trial Bid

    The Third Circuit on Thursday refused to take a second look at its decision denying Commerce Bancorp’s former CEO a new trial in his suit seeking to claim a $17 million severance package that went unpaid after he was ousted from the bank.

  • October 24, 2014

    Philly Building Collapse Defendants Can't Stay Depositions

    A Pennsylvania state judge on Friday refused to temporarily spare a group of Salvation Army officials facing claims in civil litigation following a fatal building collapse in Philadelphia from appearing for depositions while they appeal a decision rejecting their concerns about the risk of offering self-incriminating testimony.

  • October 24, 2014

    Ex-Anapol Schwartz Atty Says Jury Must Hear Gay Bias Row

    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 told a Pennsylvania state judge on Thursday that disputes over the events leading up to his departure require a jury trial.

  • October 24, 2014

    Pa. Justices Take Up Medicaid Subcontractor Pay Release Suit

    The Pennsylvania Supreme Court on Thursday agreed to consider whether a state provision protecting trade secrets protects Medicaid managed care organizations from publicly disclosing the amount of money it pays to subcontractors.

  • October 24, 2014

    Virgin Islands Suits Cut From Asbestos MDL Over Jurisdiction

    A Pennsylvania federal judge overseeing multidistrict asbestos litigation brought by merchant mariners ended 32 of their suits in a decision published Thursday, saying the court lacked jurisdiction over the defendant companies because they weren't primarily based in the Virgin Islands, where the suits were brought.

  • October 24, 2014

    Big Tobacco Urges Pa. Court To Cut State's Settlement Share

    A trio of tobacco companies has told a Pennsylvania appeals court that a trial judge exceeded her authority when she upended an arbitration panel’s determination that the state needed to forfeit upwards of $200 million from a multistate settlement over smoking-related health care costs due to lax tax-collection efforts.

  • October 23, 2014

    Dodd-Frank Spares TD Ameritrade Worker Suit, 3rd Circ. Told

    The Third Circuit was urged Thursday to allow an ex-TD Ameritrade Inc. worker's whistleblower suit to proceed in court under a provision of the Dodd-Frank Act allowing would-be informants to void arbitration clauses in their employment agreements.

  • October 23, 2014

    Pa. Attys Face Tough Records Oversight In Proposed Rules

    A recent proposal to amend Pennsylvania's rules of professional conduct aims to impose significant new record-keeping requirements on lawyers, though members of the legal community say the changes represent best practices that attorneys should be adopting regardless.

  • October 23, 2014

    Pa. Officials Ask High Court To Keep $60M NCAA Suit Rolling

    Two Pennsylvania government officials are asking the state’s Supreme Court to deny the NCAA’s request to toss a suit over a $60 million consent decree with Penn State University related to the Jerry Sandusky child sex abuse scandal, saying the NCAA is seeking special treatment in the case.

  • October 23, 2014

    Ex-Philly Traffic Court Judge Charged With Accepting Bribe

    A federal grand jury has charged former Traffic Court Judge Thomasine Tynes with bribery and other corruption charges for allegedly accepting a $2,000 Tiffany & Co. bracelet from a confidential informant who told the judge he was seeking a collections contract from the court.

  • October 23, 2014

    3rd Circ. Urged To Revive Farmworkers' DOL Wage Challenge

    The Third Circuit was urged on Thursday to overturn a district judge’s decision that forthcoming changes to the U.S. Department of Labor’s rules for the calculation of wage levels for migrant farmworkers invalidated a lawsuit challenging the current way the government allows pay rates to be set.

  • October 22, 2014

    Ex-Kline & Specter Atty Freed From Returning Referral Fees

    The Pennsylvania Superior Court overturned a trial court's order that a former Kline & Specter PC attorney must return more than $200,000 in referral fees for cases he took with him after leaving to found his own firm, saying Wednesday that the lower court had erred.

  • October 22, 2014

    3rd Circ. Affirms Dismissal Of Virgin Islands Telecom Case

    The Third Circuit on Tuesday upheld a lower court's decision to transfer a complicated settlement dispute involving Norton Rose Fulbright, investment firm Greenlight Capital Inc., a group of insolvent Virgin Islands telecommunications firms and others to bankruptcy court, which then recommended that the case be thrown out.

  • October 22, 2014

    Pa. Appeals Court Tosses Asbestos Claims Against CBS, GE

    A Pennsylvania appeals court on Wednesday handed a win to CBS Corp., General Electric Co., Georgia Pacific Corp. and numerous other defendants in an asbestos wrongful death suit, finding a widow hadn’t proved her husband was exposed to asbestos with the frequency required under state law to show it had caused harm.

  • October 22, 2014

    Clarion, MRP Unit Scoop Up Pa. Industrial Project

    Property investment manager Clarion Partners LLC and the industrial arm of developer MRP Realty have snapped up the land and rights for a 1.5 million-square-foot, Class A industrial development project in Pennsylvania that recently scored a major tax break, the companies announced Wednesday.

  • October 22, 2014

    Ex-Pa. County Commissioner Can't Lift Stay In Corruption Suit

    A Pennsylvania federal judge on Tuesday denied a former Lackawanna County Commissioner's motions to reconsider his discovery request and lift the stay on his bid to vacate his sentence for a bribery and extortion scheme, saying a granting of his requests was not warranted.

  • October 22, 2014

    Atty Pulls Forgery Claims In Young Law Malpractice Tiff

    A Pennsylvania lawyer representing a stonework company that sued the Young Law Group in state court for taking on a trademark case without solid knowledge of intellectual property law has withdrawn accusations that an attorney at the firm forged a signature on a settlement agreement.

  • October 22, 2014

    'Kids For Cash' Attorneys Escape Asset Freeze

    A Pennsylvania federal judge on Tuesday denied a bid by plaintiffs embroiled in several class actions over Pennsylvania’s notorious “kids for cash” scheme to freeze 20 percent of any legal fees due to a Powell Law Group attorney and his company, saying he lacked the authority to issue one.

  • October 22, 2014

    Suspended Judge, Wife Drop Libel Suit Against Philly Papers

    Suspended Pennsylvania Supreme Court Justice Seamus McCaffery and his wife and chief legal aide Lise Rapaport on Tuesday dropped their state court libel suit against the Philadelphia Inquirer and Daily News over articles on legal fees she received from case referrals.

  • October 22, 2014

    Mylan Signals $5.3B Abbott Inversion On Track After Tweaks

    Mylan Inc. and Abbott Laboratories said Wednesday that new limitations imposed by the Obama administration on tax-motivated M&A wouldn't derail their planned $5.3 billion inversion deal, though they did modify the terms of the transaction.

Expert Analysis

  • 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.

  • Tug-Of-War: Attorney-Client Privilege Vs. Deposition

    There is an inherent tension between the process of preparing a corporate representative to testify and the protections usually afforded by attorney-client privilege. Judicial decisions addressing these tensions are limited and, as of yet, the Federal Circuit Courts of Appeals do not appear to have weighed in on these issues in any meaningful way, say Vanessa Miller and Nicholas Ellis of Foley & Lardner LLP.

  • Escaping Taxes In Bankruptcy Through S Corporations

    Chad C. Coombs

    Shareholders of financially troubled S corporations may now be able to avoid the flow-through of taxes when the S corporation or its subsidiary files bankruptcy, thanks to a Third Circuit ruling in the Chapter 11 case of Majestic Star Casino LLC. The losers are the corporation’s unsecured creditors, says Chad Coombs of Greenberg Glusker Fields Claman & Machtinger LLP.

  • OPINION: Uphold Reasonable Regs On Judicial Campaigns

    Matthew Menendez

    If the U.S. Supreme Court applies strict scrutiny in Williams-Yulee v. Florida Bar to strike down reasonable restrictions on judicial campaign activity, the increasing flood of judicial campaign spending may further damage the public’s eroding confidence in the judiciary, says Matthew Menendez, counsel in the Democracy Program at the Brennan Center for Justice, NYU School of Law.