Pennsylvania

  • September 19, 2014

    Pa. Atty Gets Stayed Suspension For Concealing $1M Loss

    The Pennsylvania Supreme Court on Friday approved a 6-month stayed suspension of a Pittsburgh lawyer for concealing about $1 million in shortfalls at various real estate firms caused by employee misconduct.

  • September 19, 2014

    Fracking Studies Put Energy Cos. On Firmer Ground

    A pair of studies released this week concluding that hydraulic fracturing isn’t linked to groundwater contamination could further shift the emphasis of federal and state regulators to the fracked wells themselves, which can foul water supplies if they’re faulty, and put a major dent in lawsuits that claim groundwater contamination was caused by fracking, experts say.

  • September 19, 2014

    Judge Convicted Of Corruption Faces Disciplinary Charges

    The Pennsylvania Judicial Conduct Board slapped a former Philadelphia Traffic Court judge with disciplinary charges on Friday after he was sentenced to a 30-month prison term in August for funneling tens of thousands of dollars in state funds earmarked for two community organizations to friends and associates.

  • September 19, 2014

    'Bonusgate' Atty. Foreman Disbarred By Pa. Supreme Court

    An attorney and one-time chief of staff to ex-state legislator Mike Veon was disbarred retroactively by the Pennsylvania Supreme Court on Wednesday for his role in the so-called "bonusgate" scandal in which public funds were used to pay legislative staffers for performing campaign-related work.

  • September 19, 2014

    Rent Income Not Subject To Pa. Town's Biz Tax, Court Says

    The Pennsylvania Commonwealth Court on Friday decided in a precedential ruling that a town can't impose a business privilege tax on the rental income of landlords, reversing a Montgomery County Court of Common Pleas decision.

  • September 19, 2014

    Pa. Justices Snub Appeal Over Indemnity For Torts

    The Pennsylvania Supreme Court on Thursday shot down an appeal sought by National Union Fire Insurance Co. of Pittsburgh challenging a decision that general liability coverage providers are required to defend product liability claims brought against their policyholders.

  • September 18, 2014

    Takeda Hid Actos Bladder Cancer Risks, Philly Jury Hears

    An expert witness testifying on behalf of a woman who claims she developed bladder cancer after taking the diabetes drug Actos told a Philadelphia jury on Thursday that Takeda Pharmaceuticals Co. Ltd. had worked to suppress information about the cancer risks associated with the medication.

  • September 18, 2014

    Pa. DEP Fines Range Resources $4.2M For Fluid Leaks

    The Pennsylvania Department of Environmental Protection announced on Thursday that Range Resources Corp. will pay $4.15 million — the largest fine against an oil and gas operator in the state’s shale drilling era — for alleged fluid leak violations at six of its impoundments in Washington County.

  • September 18, 2014

    Redbox Sued Again For Kiosks Without Aids For Blind Users

    Redbox Automated Retail LLC on Wednesday was slapped with another proposed class action in Pennsylvania federal court alleging the company's kiosks violate the Americans with Disabilities Act because they do not offer aids that would allow visually impaired customers to rent DVDs.

  • September 18, 2014

    Morgan Lewis Beats Malpractice Suit Over $112M RE Deal

    A Pennsylvania appeals court on Thursday refused to revive a malpractice suit accusing Morgan Lewis & Bockius LLP of giving faulty financial advice that ultimately sank a $112.5 million real estate deal, ruling that a Philadelphia developer’s expert couldn’t use forward projections in his testimony.

  • September 18, 2014

    3rd Circ. Affirms Capeco Ch. 11 Claim Distribution Orders

    The Third Circuit on Thursday rejected Intertek USA Inc.'s argument that orders entered in Caribbean Petroleum Corp.'s Chapter 11 bankruptcy case give priority to tort claimants over other general unsecured creditors in the distribution of certain insurance proceeds, saying the plain language of the orders makes no such provision.

  • September 18, 2014

    Ackman-Targeted Air Products Unveils Major Restructuring

    Air Products and Chemicals Inc. will reorganize into seven divisions under a major restructuring unveiled Thursday, just months after the Pennsylvania industrial gas company named a new CEO under pressure from activist investor Bill Ackman.

  • September 18, 2014

    Pa. High Court Snubs Ex-State Senator's Corruption Appeal

    The Pennsylvania Supreme Court said Wednesday that it would not review a decision upholding the corruption conviction of Jane Orie, a former state senator charged for ordering her legislative staff to work on political campaigns.

  • September 17, 2014

    Insurer Says Chancery Erred By Not Halting Mine Safety Suits

    North River Insurance Co. on Wednesday told the Delaware Supreme Court that the Chancery Court erred by not enjoining Mine Safety Appliances Co., which faces myriad personal injury claims, from participating in coverage litigation in West Virginia or filing other coverage claims than what’s pending in Pennsylvania and Delaware.

  • September 17, 2014

    Pa. High Court Nixes Teva Appeal In Reglan Preemption Fight

    The Pennsylvania Supreme Court on Wednesday rejected an appeal by Teva Pharmaceuticals USA Inc. and other generic drugmakers battling a lower court’s ruling that product liability claims of thousands of generic Reglan users weren’t necessarily preempted by federal law, allowing their suits over the digestive drug to proceed.

  • September 17, 2014

    Ex-Goldman VP Asks 3rd Circ. To Rehear $2.3M Fee Case

    A former Goldman Sachs vice president on Tuesday asked the Third Circuit to rehear its decision reversing an order requiring Goldman Sachs Group Inc. to pay $2.3 million for his legal bills over charges for theft of high-frequency-trading code, saying the appeals court overlooked decisions contradicting its reasoning.

  • September 17, 2014

    Reckitt Says Suboxone 'Product-Hopping' Didn't Harm Buyers

    Reckitt Benckiser Group PLC's move to discontinue Suboxone tablets, in lieu of a new dissolving-film version of the opiate addiction treatment, presented no antitrust injury for classes of purchasers who claim they were denied generic alternatives, a Pennsylvania federal judge heard Wednesday.

  • September 17, 2014

    Pa. Lawmaker Pushes For State Fracking Health Registry

    A Pennsylvania state lawmaker has introduced a bill that would establish a statewide registry to keep track of health complaints related to hydraulic fracturing.

  • September 17, 2014

    Avax Must Pay $5.8M For Breached Cancer Vaccine Contract

    A Pennsylvania federal judge on Tuesday entered a judgment by confession for $5.8 million against Avax Technologies Inc. in the breach of contract suit over vaccines brought against it by Cancer Treatment Centers of America Inc., together with post-judgment interest.

  • September 17, 2014

    Pa. Man Pleads Guilty To Exporting Lab Equipment To Syria

    A Pennsylvania man on Tuesday pled guilty in federal court to conspiring to illegally export laboratory equipment, including items used to detect chemical warfare agents, from the United States to Syria.

Expert Analysis

  • Debt Collector Envelopes Need To Protect Privacy

    Alan S. Kaplinsky

    Assuming the Third Circuit's decision in Douglas v. Convergent Outsourcing Inc. stands, the ruling should make debt collectors wary of any language or markings appearing on an envelope that in any way touch upon the debt collection effort, or that even remotely reveal private information about the borrower, say attorneys at Ballard Spahr LLP.

  • Class Ascertainability Continues To Become More Concrete

    David C. Kistler

    In the most recent example of a district court addressing ascertainability based on the Third Circuit's Marcus, Hayes and Carrera rulings, the matter of Paulsboro Derailment Cases demonstrates that, outside of consumer fraud class actions, plaintiffs can still overcome ascertainability, say David Kistler and Rachel Gallagher of Blank Rome LLP.

  • 'After-Acquired Title' Doctrine Case Should Draw Attention

    Anthony R. Holtzman

    Oil and gas producers should have an interest in the Pennsylvania Supreme Court's eventual ruling in Shedden v. Anadarko E&P Company LP as it will consider payments under the “after-acquired title” doctrine. Industry may want to participate in an amicus curiae given the policies the doctrine serves, say Anthony Holtzman and George Bibikos of K&L Gates LLP.

  • What FTC Is Saying In 1st Post-Actavis Pay-For-Delay Case

    Steven Sunshine

    The Federal Trade Commission’s complaint in FTC v. AbbVie Inc. marks a key development because it is the first FTC reverse-payment case to be filed in the wake of Actavis. It also represents a departure from the FTC’s approach in these cases in that it alleges that the underlying patent infringement litigation was baseless and motivated by anti-competitive purposes, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • What Investment Advisers Can Learn From TL Ventures Case

    Theodore R. Franzese

    Investing in strong compliance policies and effective procedures can provide considerable cost savings when the alternative might be up to two years of lost advisory fees, as seen in the U.S. Securities and Exchange Commission’s first pay-to-play action against Pennsylvania adviser TL Ventures Inc., say Theodore Franzese and Michael Wible of Thompson Hine LLP.

  • Job Applications Can Cut Short Protracted Litigation

    Keith J. Rosenblatt

    With the decision in Rodriguez v. Raymours Furniture Company Inc., New Jersey’s judiciary joined federal or state courts in several other states that have permitted parties to the employment relationship to “agree” upon shorter limitations periods for employment-related claims. Employers following this approach should consider five guidelines, say Keith Rosenblatt and Rachel Seaton of Littler Mendelson PC.

  • The Glass Slipper: Searching For The FCA Case That Fits

    R. Scott Oswald

    The manner in which Rule 9(b) is being used as a sword to strike down worthy False Claims Act claims and relators — as opposed to a shield against unmeritorious allegations — is wholly inconsistent with the purposes of the law, says R. Scott Oswald of The Employment Law Group PC.

  • 3rd Circ. Curtails Review For Error At Sentencing

    Daniel Wenner

    Appealing a sentence based on procedural error just got harder in the Third Circuit. Following U.S. v. Flores-Mejia, to avoid plain-error review, defense counsel must be vigilant during sentencing hearings to point out to the district court all possible procedural errors after the sentence is imposed, says Daniel Wenner of Day Pitney LLP.

  • High Court Should Review Scope Of Crime-Fraud Exception

    Matthew D. Lee

    Given the significant differences among the circuits in examining the crime-fraud exception, and the Third Circuit’s recent erosion of the attorney-client privilege, U.S. Supreme Court review is necessary to ensure the consistent treatment of litigants and to protect the privilege, say attorneys with Blank Rome LLP.

  • The 8 Gotchas Of Technology Contracting: Part 2

     Craig Auge

    Contracts for providing and obtaining technology establish important, often long-term relationships. When they involve mission-critical products and services, the impact of a flawed contract can be devastating, says Craig Auge of Vorys Sater Seymour and Pease LLP.