Pennsylvania

  • July 6, 2015

    Gasoline Refiners Escape Pa. Water Contamination Claims

    A New York federal judge has dismissed three counts against a group of gasoline refiners, distributors and others that Pennsylvania has accused of groundwater contamination, saying they didn’t own the release sites and that the state doesn’t exclusively control the groundwater.

  • July 6, 2015

    AstraZeneca, Cephalon Pay $54M To End Medicaid Rebate Row

    AstraZeneca LP and Cephalon Inc. have agreed to pay $46.5 million and $7.5 million, respectively, to resolve claims brought by a whistleblower in a False Claims Act suit accusing the drugmakers of knowingly underpaying for rebates owed to the Medicaid Drug Rebate Program, federal prosecutors announced on Monday.

  • July 6, 2015

    CCMP-Backed Ollie's Bargain Outlet Readies $134M IPO

    Another portfolio company of middle-market buyout specialist CCMP Capital Advisors LLC is looking to cash in on the public markets this year as discount retailer Ollie’s Bargain Outlet Holdings Inc. set terms Monday for a $134 million initial public offering.

  • July 6, 2015

    Babcock & Wilcox Says Objections Can’t Save Pollution Suits

    Several Babcock & Wilcox Co. units have urged a federal judge to fully adopt a magistrate’s recommendation to grant dispositive motions in more than a dozen suits alleging that contamination at a Pittsburgh-area nuclear facility caused property damage and cancer in nearby residents, saying plaintiffs’ objections fall short.

  • July 6, 2015

    SEC Proxy Rules Outdated, 3rd Circ. Says In Wal-Mart Opinion

    The Third Circuit said outdated U.S. Securities and Exchange Commission rules lit its path in deciding that Wal-Mart Stores Inc. could chuck a shareholder’s proposal that the retailer’s board tighten oversight of firearm sales, in a long-awaited opinion Monday backing the court’s April ruling on the case.

  • July 6, 2015

    AbbVie Says Reconsideration Not Needed In FTC Row

    AbbVie Inc. and others said Monday they don’t believe a recent Third Circuit ruling provides any basis for a Pennsylvania federal judge to reconsider his decision dismissing part of the Federal Trade Commission’s pay-for-delay lawsuit over testosterone drug AndroGel.

  • July 6, 2015

    Fracking Secrets Safe In New Pa. Database, DEP Head Says

    As Pennsylvania works to develop a new publicly accessible database to serve as a clearinghouse for information about operations at thousands of hydraulically fractured natural gas wells, the head of the state’s Department of Environmental Protection has vowed to ensure that industry trade secrets remain shielded from disclosure.

  • July 6, 2015

    Drivers Ask 3rd Circ. To Rethink Ch. 11 Priority Snub

    Drivers that Jevic Transportation Inc. fired just before filing for Chapter 11 contended in court papers Monday that a Third Circuit decision allowing a settlement that favored banks and private equity firms over their $12.4 million wage claim violates basic standards for prioritizing creditors.

  • July 6, 2015

    3rd Circ. Urged To Reject Horizon Blue Cross Settlement

    A group of objectors to a class action settlement between Horizon Blue Cross Blue Shield of New Jersey and a class of health care service providers resolving claims over unpaid reimbursements on Monday pushed the Third Circuit to reject the deal, emphasizing that it accomplishes nothing.

  • July 6, 2015

    Pittsburgh Sues Fiscal Board For $11M In Gambling Funds

    The city of Pittsburgh has filed a suit against the Intergovernmental Cooperation Authority for withholding $11.4 million in gambling revenues allegedly owed to the city, even though the authority has approved the city’s budgets for the past two fiscal years.

  • July 6, 2015

    Synagro Can't Dodge Challenge To Sewage Sludge Permits

    Pennsylvania’s Environmental Hearing Board has refused to limit a challenge to permits allowing a Synagro Technologies Inc. unit to use sewage sludge as fertilizer on several farms in the state, ruling that a hearing on the merits is necessary to weigh environmental claims from concerned residents.

  • July 6, 2015

    3rd Circ. Upholds EPA's Chesapeake Bay Pollution Limits

    The Third Circuit upheld a set of U.S. Environmental Protection Agency pollution restrictions for the Chesapeake Bay watershed on Monday, rejecting arguments from agriculture and construction groups that the agency lacked authority to implement a program coordinating outflows in multiple states.

  • July 2, 2015

    3rd Circ. Says Bracewell Can Arbitrate Pa. Malpractice Suit

    The Third Circuit on Thursday ruled that a former client of Bracewell & Guiliani LLP suing the firm for malpractice is bound by equitable estoppel principles to arbitrate her claims even though she didn't sign a written engagement agreement, reversing an order granting her a trial to determine that very issue.

  • July 2, 2015

    J&J Beats Bid For New Trial In Philly Risperdal Case

    A Philadelphia judge declined to rehear a suit by a teenage patient who claimed the antipsychotic drug Risperdal made by Johnson & Johnson subsidiary Janssen Pharmaceuticals Inc. caused him to grow breasts in a ruling issued Tuesday.

  • July 2, 2015

    Girardi Keese Can't Avoid Recovery Sharing In Avandia Suits

    The Third Circuit on Thursday upheld an order forcing The Girardi Keese Law Firm to kick in its purported share to a common benefit fund in centralized suits against GlaxoSmithKline LLC over the diabetes drug Avandia, finding that a district court had the power to decide the cross-country dispute.

  • July 2, 2015

    The Biggest Pa. Court Decisions Of 2015: Midyear Report

    While a focus on criminal matters has resulted in few blockbuster civil decisions by the Pennsylvania Supreme Court so far this year, major pharmaceutical trials in Philadelphia and a defense attorney’s ongoing fight over a $1 million sanction have grabbed the attention of business lawyers in the state in 2015. Here, Law360 takes a look at some of the major decisions and the cases to keep on your radar.

  • July 2, 2015

    Tribal Group Urges Justices To Hear Jim Thorpe Remains Row

    A Native American advocacy group and several current and former lawmakers urged the U.S. Supreme Court on Wednesday to review a petition to return sports legend Jim Thorpe's remains to his tribe’s reservation, saying a Third Circuit ruling violated a law protecting Native American artifacts and remains.

  • July 2, 2015

    FTC Asks Court To Review AbbVie Pay-For-Delay Dismissal

    The Federal Trade Commission asked a Pennsylvania federal judge Wednesday to consider taking a second look at a May ruling that gutted the agency’s pay-for-delay suit against AbbVie Inc. over testosterone drug AndroGel, following a recent Third Circuit decision in a similar case.

  • July 2, 2015

    Pa. Bulldozer Victim Avoids New Trial With $12M Settlement

    A Pennsylvania man who lost a leg in a bulldozer accident at a construction site reached a $12 million settlement with a landscaper, the property owner, and a bulldozer provider, just before a state appeals court affirmed a trial court judge’s move to overturn a $20 million jury verdict Thursday.

  • July 2, 2015

    Manager's Atty Fee Bid Tossed in Tribal Loan Suit

    A Pennsylvania federal judge nixed a bid for attorneys' fees Wednesday by the manager of a Native American-owned loan company who was sued by a former customer over an allegedly usurious loan, concluding that the plaintiff hadn't acted in bad faith by naming him as a defendant.

Expert Analysis

  • Did 'America's Sexiest Man' Almost Doom The ACA?

    Kim Wilcoxon

    Although former Republican Massachusetts Sen. Scott Brown didn't cast the deciding vote in the U.S. Supreme Court's 5-4 ruling in King v. Burwell, the one-time Cosmopolitan magazine pick for "America's Sexiest Man" played a significant role in the legal trials and tribulations of the Affordable Care Act, says Kim Wilcoxon of Thompson Hine LLP.

  • How Drug Cos. Can Minimize Risks Of 'Right To Try' Laws

    Vicki G. Norton

    With "right to try" measures that provide seriously ill patients access to experimental treatments being drafted in 40 states, drug and biologic developers have faced increasing pressure from patients and their advocates to make investigational drugs available for compassionate use. Vicki Norton of Duane Morris LLP has some advice for navigating the risks associated with allowing patients compassionate use of experimental drugs.

  • Your Advance Conflict Waiver May Be A Conflict Creator

     Daniel H. Tabak

    A recent Western District of Pennsylvania decision has carved out new ground in the already fertile fields of affiliate conflicts and advance conflict waivers by recommending that Kirkland & Ellis LLP be enjoined from representing the would-be purchaser of a Kirkland pharmaceutical client’s parent company. The court’s interpretation of the words used in the advance waiver is almost certainly not what Kirkland expected, say Daniel T... (continued)

  • Why NJ May Win 3rd Circ. Sports Betting Case

    Daniel Wallach

    New Jersey may hold the upper hand in the sports betting case, based on what unfolded at the oral argument. In contrast to the district court, the Third Circuit signaled strongly that principles of statutory interpretation would dictate the outcome. And this bodes well for New Jersey, says Daniel Wallach of Becker & Poliakoff PA.

  • Texting With An Informant: Lessons From Pa. Wiretap Ruling

    Lathrop B. Nelson III

    The Pennsylvania Superior Court recently addressed whether text messages sent on an iPad were covered under the Pennsylvania Wiretapping and Electronic Surveillance Control Act. Although Commonwealth v. Diego arose in the context of guns and drugs, the opinion nonetheless has implications for the use of informants and technology in a wide range of government investigations, says Lathrop Nelson of Montgomery McCracken Walker & Rhoads LLP.

  • Midpoint 2015: What To Expect From State AGs

    Joseph W. Jacquot

    Whether on competition in the solar energy market, oversight of professional occupations or the safety of electronic payment systems, businesses should proactively engage with state attorneys general as they fulfill their consumer protection role, says Foley & Lardner LLP's Joseph Jacquot, a former Florida deputy attorney general and chief of staff of the attorney general’s office.

  • Philly Points To Standing When Fighting Class Actions

    Angelo A. Stio III

    The Philadelphia Court of Common Pleas' ruling in Baum v. Keystone Mercy Health Plan reinforces the case that a lack of standing is a powerful defense for companies facing data breach-related class actions. Baum also recognizes that lack of standing can be asserted at the certification stage when the purported class representative cannot demonstrate that he or she suffered injury or harm, say attorneys at Pepper Hamilton LLP.

  • The Top 3 New Do’s And Don’ts For Law Firm Websites

    Stephan Roussan

    In legal marketing circles, there are few topics peddled about more than “hot tips” for improving your law firm’s website. Google it. You’ll find more advice than you could ever digest. However, there are larger trends in technology, culture and user behavior that are impacting firms in very significant ways and are not being talked about nearly as much as they should be, says Stephan Roussan, founder of consulting and web developm... (continued)

  • Send Your Reservation Of Rights To The Right Person

    Jay M. Levin

    Most courts hold that an insurance company will not be estopped from denying coverage even if the company participates in the defense, provided it gives timely notice to the policyholder through a reservation of rights letter. But there is one very important caveat — the letter must be both timely and sent directly to the policyholder for whom the defense is provided, say attorneys at Reed Smith LLP.

  • Best Practices For Avoiding Spoliation

    Paul D. Steinman

    Motions for sanctions based on spoliation of evidence have become increasingly common, and a company that is not prepared to defend against a claim of spoliation may find itself forced to choose between an unfavorable settlement offer or the imposition of sanctions that could prevent it from prevailing on its claims or defenses, say Paul Steinman and Thomas Sanchez of Eckert Seamans Cherin & Mellott LLC.