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Pennsylvania

  • December 12, 2018

    Pa. Law Firm Hit With Debt Collection Suit By Consumers

    A Pennsylvania-based law firm is facing class claims alleging that notices it sent to consumers about actions against them did not live up to requirements under the Fair Debt Collection Practices Act.

  • December 12, 2018

    Pa. Appeals Court To Rethink Jurisdiction In NYC Siren Suit

    A Pennsylvania appeals court has ordered an en banc rehearing after a three-judge panel ruled in September that a siren manufacturer's registration to do business in the state allowed the Philadelphia County court to preside over hearing-loss claims brought by a group of New York City firefighters.

  • December 12, 2018

    Sunoco Beats Emergency Bid To Shut Down Pa. Pipelines

    A state judge has rejected an emergency petition from a group of suburban Philadelphia residents seeking to shut down Sunoco’s controversial Mariner East natural gas pipelines based on what they argued was a clear and present danger to public safety.

  • December 11, 2018

    State Farm Must Defend Accused Cyberbully In Suicide Suit

    State Farm must defend a teenage boy against a lawsuit accusing him of cyberbullying one of his classmates and pushing her to commit suicide, a Pennsylvania federal judge on Tuesday ordered, saying a home insurance policy held by the boy's mother covers the lawsuit.

  • December 11, 2018

    Climate Report Proves Carbon Regs Must Stick, EPA Told

    The dire conclusions in the blockbuster climate change report recently released by the Trump administration contradict White House efforts to roll back greenhouse gas emissions standards for vehicles and power plants and the proposals should be yanked immediately, dozens of state attorneys general and city and county attorneys said Tuesday.

  • December 11, 2018

    Pa. Health Network To Pay $12.5M For Alleged Overbilling

    Federal prosecutors in Pennsylvania announced on Tuesday that they’d inked a $12.5 million settlement with a Lehigh Valley health care network and its CEO over alleged false Medicare and Medicaid claims for orthopedic surgeries.

  • December 11, 2018

    Venezuela Breached Deal Over $1.2B Award, Crystallex Says

    Venezuela has breached its settlement with Crystallex International Corp. relating to a $1.2 billion arbitral award issued after Venezuela expropriated its investments, the Canadian miner alleged Tuesday, signaling its intent to forge ahead with efforts to seize and sell shares in Citgo Petroleum Corp.'s parent company.

  • December 11, 2018

    Pa. Appeals Court Raps Judge Again For Sex Offender Bias

    An Allegheny County Court of Common Pleas judge got her second critique from the Superior Court of Pennsylvania in as many weeks on Tuesday, when the appellate panel again questioned whether she created an appearance of bias by giving long sentences to sex offenders without apparent justification.

  • December 11, 2018

    AGs Ask SSA To Set Up ID Theft Prevention Database, Fast

    A coalition of 43 state attorneys general urged the Social Security Administration to make a priority of establishing a nationwide database for electronically matching names and dates of birth to Social Security numbers, in order to fight “synthetic identity theft” where legitimate numbers get tied to fake identities.

  • December 11, 2018

    Pa. Judge Won't Stay Derivative UHS Overbilling Claims

    A Pennsylvania federal judge has shot down a bid to pause a cluster of shareholder lawsuits over alleged overbilling by United Health Services Inc. while both a related securities class action and an investigation into potential False Claims Act violations draw to a conclusion.

  • December 11, 2018

    GNC Investors Can't Revive Securities Suit In 3rd Circ.

    GNC knocked down a proposed securities class action accusing the retailer of misleading investors about nutrition supplements that contained unlawful ingredients after the Third Circuit found Tuesday that the plaintiffs have not sufficiently alleged that company executives were knowingly or recklessly deceptive.

  • December 11, 2018

    3rd Circ. Questions 'Imminent' Shire Antitrust Actions

    The Third Circuit pressed the Federal Trade Commission on Tuesday to show why the court should revive the agency’s antitrust complaint alleging a Shire PLC unit delayed generic competition for a gastrointestinal infection drug through a series of sham regulatory petitions, expressing skepticism that a violation of federal law was “imminent.”

  • December 11, 2018

    Endo Must Face Stock-Drop Claims In Opioid Safety Suit

    Endo International PLC and several of its executives must face an investor suit alleging the company knowingly misrepresented the safety of its Opana opioid, leading to a significant stock drop when the drug was forcibly removed from the market, after a Pennsylvania federal judge said Monday that the shareholders sufficiently pled their claims.

  • December 10, 2018

    Ret. Judge Tapped To Probe NFL Settlement Fraud Allegations

    The Pennsylvania federal court overseeing the landmark NFL concussion settlement appointed a retired judge Monday to serve as a special fraud investigator to dig into allegations that doctors and players were gaming the system, handing the league a quiet win on a request that had been embroiled in a firestorm of controversy just a few months ago.

  • December 10, 2018

    3rd Circ. Revives Temps' Pa. Law Claims In Commute Pay Suit

    The Third Circuit ruled Monday that temporary workers brought in to make steel while a specialty metal company locked out its unionized workers didn’t deserve pay for time spent crossing a picket line under the Fair Labor Standards Act, though it revived their Pennsylvania law claim.

  • December 10, 2018

    J&J To Face Bulk Of Buyers' Claims In Remicade Antitrust Suit

    A Pennsylvania federal judge largely refused Friday to toss antitrust claims from buyers of Johnson & Johnson immunosuppressant Remicade, concluding that only sham litigation allegations and some state law consumer protection accusations must go while maintaining most of the suit alleging J&J compelled insurers not to cover competing biosimilars.

  • December 10, 2018

    Home Depot Can't Keep Drywall Suit Out Of Antitrust MDL

    The U.S. Judicial Panel on Multidistrict Litigation overruled Home Depot’s objections Monday and lumped the retailer’s drywall price-fixing claims into related litigation consolidated in Pennsylvania federal court, finding the tie-in would be the most efficient way to handle the new suit even if the MDL is winding down.

  • December 10, 2018

    Sunoco Pushes Pa. PUC To Ax Pipeline Shutdown Bid

    A Sunoco Inc. unit says objectors who have asked Pennsylvania to shut down two pipelines for transporting liquid natural gas couldn't prove that the pipelines were sufficiently dangerous or that the public lacked sufficient information about them, according to a brief filed Friday with the state's Public Utility Commission.

  • December 10, 2018

    Fashion Retailer To Pay $3.5M To Button Up EEOC Probe

    A retailer of women’s fashion and accessories has agreed to pay $3.5 million to settle a systemic U.S. Equal Employment Opportunity Commission investigation into the company’s handling of accommodations for pregnant employees and workers with disabilities, the agency announced Monday.

  • December 10, 2018

    Credit Union Faces Customer Suit Over Overdraft Fees

    Members First Federal Credit Union is facing class claims in Pennsylvania state court over its alleged practice of systematically charging overdraft fees on customers even if they have not actually overdrawn their accounts.

Expert Analysis

  • Pa. Cos. Face Greater Risks Related To Workers' Personal Info

    Carol Steinour Young

    In Dittman v. UPMC, the Pennsylvania Supreme Court recently held that employers storing employee information on internet-accessible computer systems have a common law duty to protect that data from any foreseeable risk of harm, exposing companies in the state to increased liability, say Carol Steinour Young and Sarah Dotzel of McNees Wallace & Nurick LLC.

  • Series

    Judging A Book: Ginsburg Reviews 'The Curse Of Bigness'

    Judge Douglas Ginsburg

    When reading Tim Wu’s new book, "The Curse of Bigness: Antitrust in the New Gilded Age," lawyers, economists and historians will find its broad brush maddening, and the generalist reader will simply be misled, says D.C. Circuit Judge Douglas Ginsburg.

  • 5 Things You Should Know About New Rule 23 Amendments

    John Lavelle

    For the first time in 15 years, Federal Rule of Civil Procedure 23, governing class actions, has been amended. There are five key changes that will likely impact future federal class action litigation and settlements, say John Lavelle and Terese Schireson of Morgan Lewis & Bockius LLP.

  • State Net

    State Lawmakers Face Familiar Challenges In 2019

    Korey Clark

    Many of the issues that are most likely to draw the attention of state lawmakers next year — including cybersecurity, internet and data privacy, blockchain and cryptocurrencies, sales taxes on remote sellers, transportation and telecommunications infrastructure, and marijuana — are already familiar, says Korey Clark of State Net Capitol Journal.

  • Tangible Property Sales Taxes Don't Apply To Intangibles

    Craig Fields

    Recent tax decisions in Pennsylvania and Michigan highlight taxing authorities' unsuccessful attempts to assert sales and use tax on products and services that use new technologies not contemplated by old taxing statutes, say Craig Fields and Rebecca Balinskas of Morrison & Foerster LLP.

  • In Hip Implant MDL, Preemption Cuts Across State Lines

    Michelle Hart Yeary

    Plaintiffs in the Smith & Nephew Birmingham Hip Resurfacing multidistrict litigation were subject to different states' statutes of limitations. But whether you bleed Michigan blue or you live where a grizzly bear is your only neighbor, preemption unites us all, says Michelle Hart Yeary of Dechert LLP.

  • Dissent In Sikkelee Ruling Offers Preemption Road Map

    Jonathan Skowron

    As the dissenting judge pointed out, the Third Circuit majority's recent opinion in Sikkelee v. Precision Airmotive Corp. — restricting the impossibility preemption defense for federally regulated manufacturers — seemed to be more focused on perceived public policy considerations than strict adherence to case law, says Jonathan Skowron of Schnader Harrison Segal & Lewis LLP.

  • Jurors Should Ask More Questions During Trials

    Matthew Wright

    Permitting jurors to submit written questions, or even to pose questions orally to witnesses on the stand, advances several important goals and promotes both fairness and efficiency, says Matthew Wright of McCarter & English LLP.

  • Calif. Ruling Dings Engagement Letter Arbitration Clauses

    Sharon Ben-Shahar Mayer

    The California Supreme Court's recent decision in Sheppard Mullin v. J-M Manufacturing has cast doubt on arbitration clauses in attorney engagement agreements, jeopardizing the efficient resolution of malpractice claims and fee disputes, say Sharon Ben-Shahar Mayer and Mark Drooks of Bird Marella Boxer Wolpert Nessim Drooks Lincenberg & Rhow PC.

  • 10 Things We Wish We Were Told When Going In-House

    Dana Lee

    Attorneys at Albert Einstein College of Medicine, Perkins Coie LLP and the Healthcare Association of New York State reflect on lessons they learned the hard way when transitioning to in-house counsel positions.