Pennsylvania

  • December 13, 2017

    Pa. Justices Won't Revive Zoloft Birth Injury Suit

    The Pennsylvania Supreme Court on Wednesday turned down an appeal of a decision upholding the dismissal of a lawsuit alleging that the Pfizer Inc. antidepressant Zoloft caused birth defects in an Illinois child.

  • December 13, 2017

    GSK Beats Heart Attack Suit In Diabetes Drug MDL

    A Pennsylvania federal judge on Tuesday tossed a suit against GlaxoSmithKline LLC in multidistrict litigation related to the safety of its diabetes drug Avandia because the patient who brought the allegations didn’t demonstrate his doctor would have avoided the treatment had he known of its risks.

  • December 13, 2017

    Court Urged To Rethink Jurisdiction In Judge Defamation Suit

    A Pennsylvania federal judge was urged on Tuesday to rethink her decision to allow the Philadelphia County courts to hear a defamation lawsuit being pursued by a member of its bench over his portrayal in a book about the infamous murder trial of abortion doctor Kermit Gosnell.

  • December 13, 2017

    Netflix Can't Call Cut On 'Burning Sands' Copyright Suit

    A Pennsylvania federal judge refused on Tuesday to let Netflix toss a suit brought by an author accusing the streaming giant of ripping off his series about six fraternity pledges at a historically black college, finding that the author had shown valid copyright on his works and “enough similarities” between both works to warrant further discovery.

  • December 13, 2017

    Consultant Pleads Guilty In Pa. Pay-To-Play Cases

    A political consultant indicted for his role in two pay-to-play schemes in the Pennsylvania cities of Reading and Allentown entered guilty pleas in both cases Tuesday, after initially indicating he would fight the federal charges.

  • December 12, 2017

    Expert Urges Contingency Fee Cap In NFL Concussion Deal

    A court-appointed expert brought in to address several questions surrounding attorneys’ fees payouts in the uncapped NFL concussion settlement recommended Monday that the Pennsylvania federal court overseeing the settlement should cap contingency fees for individual attorneys at 15 percent and scrap another request to set aside 5 percent of settlement awards to compensate future work in administering the settlement.

  • December 12, 2017

    'McDonnell' Can't Upend Ex-Pa. County Official's Conviction

    The U.S. Supreme Court’s landmark decision in McDonnell v. United States limiting the scope of federal bribery law cannot be used to upset an ex-Pennsylvania county official’s conviction in a pay-to-play scheme, a federal judge agreed Monday.

  • December 12, 2017

    Pharma Cos. Settle Pa. Skelaxin Pay-For-Delay Fight

    Generics maker SigmaPharm Inc. has settled a Pennsylvania state lawsuit accusing Mutual Pharmaceutical Co. Inc. of conspiring with Pfizer unit King Pharmaceuticals Inc. to suppress the release of generic forms of the muscle relaxant Skelaxin, according to an order docketed Tuesday.

  • December 12, 2017

    Pa. State Sen. Seeks To Increase Pipeline Safety

    A Pennsylvania state senator said Monday that he plans to introduce legislation to improve oil and gas pipeline safety in the wake of the damage to water sources from Sunoco Pipeline’s work on its controversial Mariner East 2 project.

  • December 12, 2017

    3rd Circ. Urged To Revive SEPTA Background Check Suit

    The Third Circuit was urged during oral arguments on Tuesday to revive class claims accusing the Southeastern Pennsylvania Transportation Authority of failing to provide job applicants with a chance to respond to consumer reports detailing criminal histories that the agency said disqualified them from employment.

  • December 12, 2017

    Towing Service Says Insurer's Fraud Claims Are Lies

    A Pennsylvania towing and environmental services firm has sued IAT Insurance Co. in state court in a dispute over a claim from an oil-spill cleanup, alleging that the insurer made defamatory statements when it suggested in an email that the company engaged in fraud.

  • December 11, 2017

    What Your Colleagues Think Of Litigation Finance

    We asked, and you answered. Here are the results of Law360’s inaugural survey on third-party legal funding.

  • December 11, 2017

    Has Litigation Finance Shed Its Stigma?

    Once a taboo topic in the halls of BigLaw, litigation finance is winning over converts. And the peer pressure is building for rival law firms to join the bandwagon.

  • December 11, 2017

    Why Investors Are Taking The Leap To 3rd-Party Funding

    They often don’t know exactly what they’re buying, and there’s an ever-present chance they could come up empty in a given case. Here’s why investors are flocking to litigation finance anyway.

  • December 11, 2017

    Law Firm Doesn't Owe For GSK Contempt Order, 3rd Circ. Told

    The Mississippi law firm accused along with a fund administrator of erroneously distributing settlement money from multidistrict litigation against GlaxoSmithKline urged the Third Circuit on Monday to overturn a Pennsylvania district court’s order to indemnify the administrator, reasoning that the district court no longer had jurisdiction over GSK's already settled contempt allegations.

  • December 11, 2017

    Tribal Lender Manager Can't Flee Borrower's Suit: Judge

    A Pennsylvania federal judge Monday rejected an effort by a manager at a Native American tribal lender to dismiss a borrower’s racketeering lawsuit, with the court saying that the tribe’s sovereign immunity didn’t extend to its employee.

  • December 11, 2017

    Disney, Walmart Sued After Flying Fairy Doll Maims Man

    A man says he was blinded in one eye after part of a flying fairy doll disconnected and hit him, according to a suit filed Sunday in Pennsylvania federal court that accuses The Walt Disney Co., Wal-Mart Stores Inc. and toymaker JAKKS Pacific Inc. of negligently marketing a toy similar to ones that have been recalled.

  • December 11, 2017

    NLRB Partial Settlements Shift Is Trump Board's 1st Reversal

    The National Labor Relations Board said Monday that its judges can sign off on partial settlement proposals even if the agency’s general counsel and the charging party in a given case object, restoring the board’s “reasonableness” settlement standard in the Trump board’s first reversal of Obama-era policy.

  • December 11, 2017

    Pa. Referees File Class Claims Over Contractor Status

    Two Western Pennsylvania referees filed a federal class action suit Friday accusing the organization that oversees high school sports in the state of improperly categorizing them as independent contractors and shorting them on wages.

  • December 11, 2017

    Pa.'s New Fraud Unit Nets $30M In Taxpayer Savings

    A program designed to block fraudulent tax refunds is paying off for Pennsylvania, bringing in nearly $30 million in its first year.

Expert Analysis

  • The Intersection Of Arbitration And Choice-Of-Law Clauses

    Rachel Mongiello

    Clients on the verge of litigation with a contractual counterparty often furnish their attorneys with the negotiated contract containing a mandatory arbitration provision and choice-of-law clause. But an often overlooked question is whether the Federal Arbitration Act or the parties’ chosen law governs the arbitration itself, says Rachel Mongiello of Cole Schotz PC.

  • Top 10 Whistleblowing And Retaliation Events Of 2017

    Steven Pearlman

    The past year saw an aggressive approach to whistleblowing and retaliation actions by the plaintiffs bar and the U.S. Securities and Exchange Commission alike. Steven Pearlman and Edward Young of Proskauer Rose LLP examine the most impactful developments of 2017.

  • Opinion

    We Need A Green Amendment

    Maya van Rossum

    Instead of pleading with lawmakers to do the right thing, constitutional amendments would elevate environmental rights to the status of our most cherished liberties, says Maya van Rossum, leader of the Delaware Riverkeeper Network and director of the Environmental Law Clinic at Temple’s Beasley School of Law.

  • Series

    Judging A Book: Saris Reviews 'Locking Up Our Own'

    Judge Patti Saris

    Having just completed a six-year term as chair of the U.S. Sentencing Commission, I read Yale Law School professor James Forman's new book, "Locking Up Our Own: Crime and Punishment in Black America," with particular interest, says Judge Patti Saris, chief judge for the U.S. District Court for the District of Massachusetts.

  • COPPA: The Latest Chapter In Consumer Class Actions

    Perrie Weiner

    Though the Children’s Online Privacy Protection Act does not provide a private right of action, a recent spate of consumer class actions have attempted to use the law as a predicate for asserting violations of common law privacy-related torts and various state consumer protection statutes, say attorneys at DLA Piper LLP.

  • Why Asking About Salary History Is Risky Anywhere

    Joseph Kroeger

    Recently there has been significant attention around new laws and ordinances that prohibit employers from asking job applicants about their salary history in various U.S. states and cities. But are employers outside of these jurisdictions free to ask for salary history information of applicants without risk? Hardly, say Joseph Kroeger and Audrey Roberts of Snell & Wilmer LLP.

  • Dissecting NAIC's Insurance Data Security Model Law

    Lawrence Hamilton

    On the heels of the new Insurance Data Security Model Law recently adopted by the National Association of Insurance Commissioners, members of Mayer Brown explain the new law, its substantive requirements, and the takeaways for the insurance industry.

  • 5 Ways Retailers Can Avoid Holiday Employment Headaches

    John Richards

    During the holiday season, employees are more likely to request time off or call in sick. For retailers, however, this time of year typically means increased customer demand, staffing challenges and potential for more wage and hour exposure. Given these issues, attorneys at Greenberg Traurig LLP offer a few tips for retailers to keep in mind.

  • Roundup

    Judging A Book

    Constance Baker Motley

    Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.

  • Don't Waste This Planning Cycle: Year-End Strategies

    Hugh A. Simons

    Law firms are businesses where partners operate with significant autonomy. To see their priorities translate into individual partner action, firm leaders should use a few collaborative strategies, suggests Hugh A. Simons, former senior partner of The Boston Consulting Group and former COO of Ropes & Gray LLP.