Pennsylvania

  • February 11, 2016

    Revamp Of Pa. Horse Racing Oversight Heads To Governor

    A measure to overhaul Pennsylvania horse racing regulations, which proponents have said will protect an industry beset by funding issues from the threat of dissolution, headed to the governor’s desk Wednesday after unanimous approval on the state Senate floor.

  • February 11, 2016

    Dickstein Shapiro Deal Sends 100 Attys To Blank Rome

    Dickstein Shapiro LLP announced Thursday that it has struck a deal to move more than 100 of its Washington, D.C., and New York attorneys and staff to Blank Rome LLP, after months of lawyer departures and buzz of failed merger talks with other firms.

  • February 11, 2016

    Metals Co. Claims Damage From Norfolk Southern Derailment

    A metals processing company sued Norfolk Southern Railway Co. in Pennsylvania federal court Thursday claiming its business was crippled by a 2014 freight derailment that sent train cars crashing into its building and crude oil spilling onto its property.

  • February 11, 2016

    KBR Seeks More 3rd Circ. Review In Wrongful Death Suit

    A contractor fighting a wrongful death suit from the family of a soldier electrocuted at a Baghdad military base urged a Pennsylvania federal court Thursday to allow a third appeal before the case goes to trial, saying the contractor is allowed to challenge a ruling on which state’s liability laws apply in the dispute.

  • February 11, 2016

    Ex-PSU Prez Slams Freeh, University Over Sandusky Probe

    Ex-Pennsylvania State University President Graham Spanier filed his long-awaited libel suit Wednesday against former FBI Director Louis Freeh and his law firm over a critical report on the alleged Jerry Sandusky sexual abuse cover-up, also hitting the university with a contract suit over a separation agreement.

  • February 10, 2016

    3rd Circ. Ruling Backs RICO Claims Against Glaxo, Court Told

    Insurers suing GlaxoSmithKline over adulterated drugs from a now-defunct Puerto Rican factory said Tuesday a recent Third Circuit case that gave union health funds the ability to sue the drugmaker under the Racketeer Influenced and Corrupt Organizations Act supports their ability to bring similar claims.

  • February 10, 2016

    IP Settlements Didn't Result From Malpractice, Pa. Atty Says

    A Pennsylvania law firm fighting allegations that it botched a stonework company's intellectual property litigation told a state court judge Wednesday that the company’s dissatisfaction with the settlements it opted to pursue doesn’t support a malpractice claim.

  • February 10, 2016

    3rd Circ. Again Revives Arbitration Row In Debt Fraud Suit

    The Third Circuit on Wednesday gave Global Client Solutions LLC and Rocky Mountain Bank and Trust another chance at securing arbitration in a putative class action accusing them of participating in a scheme to defraud indebted consumers that involved fabricated negotiations with creditors.

  • February 10, 2016

    Mylan Pushes 3rd Circ. To Revive Doryx Product-Hopping Suit

    Generic-drug maker Mylan Pharmaceuticals Inc. has urged the Third Circuit to resurrect its suit against Warner Chilcott PLC for allegedly tweaking the formula of its acne medication Doryx in order to block generic competition, saying Warner's defenses "amount to a call to abandon all antitrust review of product changes."

  • February 10, 2016

    Pennsylvania DA Says Phone Records Wrongly Released

    Pennsylvania's Centre County district attorney — embroiled with county officials and criminal defenders over an alleged smear campaign — told a state appeals court Wednesday prosecutors' offices are judicial entities under a transparency law and an injunction stating the county should not have released her phone records should stand.

  • February 10, 2016

    Embattled AG Kane Survives Ouster Vote In Pa. Senate

    A move to oust Pennsylvania Attorney General Kathleen Kane, whose law license has been suspended in the wake of criminal charges, failed to garner the required two-thirds majority in an initial vote in the state’s Senate on Wednesday.

  • February 10, 2016

    J&J Hit With $13.5M Verdict In 2nd Philly Pelvic Mesh Trial

    A Philadelphia jury returned a $13.5 million verdict against a Johnson & Johnson unit on Wednesday in a case over allegations that the company’s faulty pelvic mesh implants left a woman with near constant pain and discomfort and an inability to have sex.

  • February 9, 2016

    3rd Circ. Won't Review Benefits Award In Black Lung Row

    The Third Circuit declined to review a U.S. Department of Labor Benefit Review Board's decision to award benefits to a miner suffering from black lung disease, saying a mining company can't challenge the timeliness of the miner's claim based on a purported misdiagnosis from a decade ago.

  • February 9, 2016

    Hagens Berman Loses Sanctions Appeal In Thalidomide Row

    The Third Circuit on Tuesday dismissed Hagens Berman Sobol Shapiro LLP’s appeal of sanctions imposed on it by a district court judge for litigating three time-barred thalidomide birth-defect suits against Grunenthal GmbH, saying it lacked jurisdiction to hear the matter because related claims are still pending in the lower court.

  • February 9, 2016

    Bid For Info On Suboxone Resales Is Premature, Judge Says

    A Pennsylvania federal judge Monday ruled that direct purchasers of Suboxone who accuse manufacturer Indivior of engaging in a product-hopping scheme to stifle generic competition of the opiate addiction treatment need not turn over information about resales of the drug until a decision on the issue is reached.

  • February 9, 2016

    Kane Hasn't Produced Docs In Eakin Ethics Case

    Pennsylvania Attorney General Kathleen Kane has failed to comply with a subpoena issued by the state’s Judicial Conduct Board in the ongoing ethics case against state Supreme Court Justice J. Michael Eakin, who is targeted for exchanging bawdy and offensive emails with friends who worked in the AG’s office, the board's counsel said.

  • February 9, 2016

    SunTrust Beats Ex-MLB Player's Appeal Over Bad Investments

    A former Major League Baseball pitcher who allegedly lost millions of dollars to bad investment management can't revive his claims against SunTrust Bank, the Third Circuit ruled Monday, finding that he failed to explain why the lower court should have ordered arbitration instead of dismissing the claims.

  • February 9, 2016

    Jury Ready To Decide 2nd Philly Pelvic Mesh Case

    A Philadelphia jury will begin deliberating Wednesday whether a Johnson & Johnson unit could be held liable for a New Jersey woman's pain and inability to have sexual intercourse, in the second case to be tried in the jurisdiction's mass tort program for pelvic mesh implants.

  • February 9, 2016

    Ex-Fox Rothschild Atty Felled By Firm Policy Violations

    Evidence that a former Fox Rothschild LLP partner violated internal policies by buying and selling stock of a publicly held client likely helped sway Pennsylvania federal jurors on Friday as they found him guilty for trading ahead of an insurance industry merger the firm helped handle.

  • February 9, 2016

    Pa. Gov.'s Budget Plan Would Revive Shale-Gas Severance Tax

    As part of his annual budget proposal on Tuesday, Gov. Tom Wolf revived plans to impose a new severance tax on natural gas that his administration said could net upwards of nearly $220 million in new revenue for Pennsylvania's state government.

Expert Analysis

  • Employer Tips For Handling Office Romances

    Robert Dolinko

    While some office romances end unremarkably, others could form the basis for sexual harassment lawsuits with the potential to cost employers millions of dollars. With Valentine's Day approaching, there's no better time of year for employers to be proactive about mitigating the potential liability, disruption or embarrassment that can arise from sexual harassment claims, say attorneys at Nixon Peabody LLP.

  • How Does Skadden Stay No. 1?

    Elizabeth Duffy

    Analyzing the reasons why clients choose certain firms reveals a great deal about what is important and valued in the marketplace. Based on interviews with a random sample of over 600 heads of legal in the largest U.S. organizations, Elizabeth Duffy, vice president of Acritas US Inc., identifies the core brand drivers of Skadden Arps Slate Meagher & Flom LLP.

  • OPINION: The Road To Partnership Must Keep Evolving

    Daniel L. Butcher

    In a recent Law360 article it was suggested that promotion to partner was a competition between associates and that taking maternity, paternity or family medical leave could impact an associate's chances at promotion. But this sort of ethos — which may have contributed to law firms’ success in the past — is not the best way to secure the industry's future, says Daniel Butcher, managing partner of Strasburger & Price LLP.

  • Pa. Decision Highlights 'True Lender' Risks

    Marc P. Franson

    A recent district court decision in Pennsylvania v. Think Finance demonstrates that plaintiffs will continue to raise the “true lender” theory against Internet-based lenders and courts will not necessarily dismiss such claims solely because a bank is the named lender on loans, say Marc Franson and Peter Manbeck of Chapman and Cutler LLP.

  • Restrictive Covenants: The Law In Flux

    Nicholas J. Boyle

    The rules for testing the legality of restrictive covenants vary greatly among states, and recent decisions from several courts illustrate the point, both with respect to the framework for considering such covenants, and specifically regarding the reformation of overbroad covenants. As a result, employers should be wary of boilerplate contract language that has been successful in the past, say attorneys at Williams & Connolly LLP.

  • Pa. Methane Rules May Be Tougher Than Federal Standards

    Jennifer A. Smokelin

    Pennsylvania's new plan to reduce methane emissions follows similar proposed rulemaking by the U.S. Environmental Protection Agency. However, the rule's new general permit requirement is expected to exceed the scope of the federal rulemaking effort and could further increase the burden on industry due to additional preconstruction permitting and the associated time lag and costs, say attorneys at Reed Smith LLP.

  • Pa. Embraces Alternative Automobile Insurance Coverage

    Charlotte E. Thomas

    The Pennsylvania Supreme Court's decision in An v. Victoria Fire & Casualty Co signals that insureds who knowingly purchase an economical but limited insurance product should not expect reformation after coverage is denied and seems to suggest that Pennsylvania is open to automobile insurance coverage alternatives designed to reduce the cost of standard policies, says Charlotte Thomas at Duane Morris LLP.

  • Cicero On Legal Advocacy

    Eliot J. Walker

    Today’s lawyers might be surprised to find that the teachings of Cicero remain relevant to modern practice. In recognition of the ancient Roman orator's birthday this month, Skiermont Derby LLP attorney Eliot Walker offers three practice points for lawyers and politicians plucked from Cicero’s seminal dialogue on rhetoric.

  • Fixing US Infrastructure: New Model P3 Law A Good Start

    Stacia A. Wells

    The United States is facing an infrastructure crisis, and our needs are far greater than the government can provide on its own. Reducing the political risks associated with public-private partnerships by enacting legislation to bring transparency and predictability to the forefront of the process is an important step toward fixing America's crumbling infrastructure, say Stacia Wells and Robert Siegel at Bilzin Sumberg Baena & Axelrod LLP.

  • 4 Ways To Improve The Business Intake Process

    Terrence J. Coan

    When executed properly, an efficient new business intake process can drive growth, minimize risk, and ensure new clients support a law firm’s business and financial objectives. But determining how to streamline the NBI process is easier said than done, says Terrence Coan, leader of HBR Consulting LLC's information governance and risk management practice.