Pennsylvania

  • March 23, 2017

    Generics Face Antitrust Suit Over Antidepressant Prices

    Generic drug makers Sandoz, Mylan and Par Pharmaceuticals were slapped with an antitrust suit in Pennsylvania federal court on Wednesday, accusing them of colluding to increase the price for amitriptyline, an antidepressant.

  • March 23, 2017

    Deals Rumor Mill: Credit Suisse, Pret A Manger, Shell

    Credit Suisse may sell more than $3 billion worth of stock in its Swiss business, private equity-backed sandwich chain Pret A Manger is readying for a New York IPO, and Royal Dutch Shell is in discussions to sell its last remaining asset in California.

  • March 23, 2017

    Anapol Weiss Opposes Attys Bid For NFL Concussion Fees

    Anapol Schwartz Weiss Cohan Feldman & Smalley PC, one of the co-lead class counsel firms in the NFL concussion settlement, on Wednesday fought back against a Minnesota lawyer's contention that he was owed some of the $112.5 million fee requested from the football players' settlement for referring them clients, saying they never agreed to share these fees and that the lawyer did not do any work to benefit the entire class.

  • March 22, 2017

    Refiner Blasts Salvager's Bid To Bolt $200M Arbitral Row

    A South African metals refiner shot back Tuesday at an auto salvage company owner’s effort to get out of a Pennsylvania federal court lawsuit over an unpaid $200 million arbitration award, saying the case allegations of breach of fiduciary duty were well supported by evidence already reviewed by the court.

  • March 22, 2017

    Pa. Court Again Says Tax Sale's 'Mineral' Rights Include Gas

    Coming down almost exactly where it did in December, a Pennsylvania appeals court issued its second decision in a gas-rights case finding that a 1932 tax sale of subsurface mineral rights encompassed the sale of oil and gas rights, handing a win to exploration company Range Resources.

  • March 22, 2017

    Ex-PSU Admins Regret Not Reporting Sandusky, Jury Hears

    A pair of ex-Penn State University administrators testifying under newly inked plea agreements in the case against former school president Graham Spanier told jurors on Wednesday that they regretted their decision not to report a suspected child abuse incident involving Jerry Sandusky in 2001.

  • March 22, 2017

    Enviros Ask For Pa. Pipeline Project Stay During Appeal

    The Delaware Riverkeeper Network on Wednesday shot back at efforts by the U.S. Army Corps of Engineers and a Kinder Morgan Inc. unit to deny the environmental group’s bid to halt construction of the company’s Pennsylvania pipeline project until the appeals court weighs in, saying it would be irreparably harmed without such a stay.

  • March 22, 2017

    Smigel Anderson Must Face Property-Sale Suit, Court Says

    The New Jersey Appellate Division on Wednesday revived a suit against Smigel Anderson & Sacks LLP over claims that a partner's letter during a separate divorce action ultimately derailed a property sale, saying a trial court improperly tossed the case on jurisdictional and other grounds without examining the full extent of the Pennsylvania firm's work in New Jersey.

  • March 22, 2017

    Ex-Allentown Official To Plead Guilty In Pay-To-Play Scheme

    The former managing director of the city of Allentown, Pennsylvania, has agreed to plead guilty to his role in facilitating a pay-to-play scheme in a $3 million contract to upgrade the city's street lights, and also agreed to testify against others facing charges in the probe.

  • March 22, 2017

    3rd Circ. Revives Fosamax Warning Class Against Merck

    The Third Circuit Wednesday revived a class action suit claiming Merck failed to warn patients about the risk of its osteoporosis drug Fosamax causing irregular hip fractures, saying the drugmaker must prove to a jury federal regulators blocked the warning.

  • March 22, 2017

    Jury Convicts Drug Return Co., CEO In $116M Fraud Case

    A Pennsylvania federal jury on Wednesday convicted a drug refund company, its CEO and its chief financial officer on charges that they stole $116 million worth of refunds from pharmaceutical manufacturers and then obstructed a subsequent investigation into the scheme.

  • March 22, 2017

    Philly DA Pleads Not Guilty To Bribery, Fraud Charges

    Philadelphia District Attorney Seth Williams pled not guilty Wednesday to a federal indictment accusing him of accepting over $100,000 in gifts and services in exchange for taking actions on behalf of his benefactors, and was released on a $50,000 bail.

  • March 22, 2017

    Ex-VC Worker Gets Liquidated Damages After $1.2M Win

    The Pennsylvania Superior Court ruled Tuesday that a former employee of a venture capital fund is entitled to liquidated damages on top of a $1.26 million jury verdict in a suit over compensation under a severance agreement, finding that liquidated damages and prejudgment interest aren’t mutually exclusive.

  • March 22, 2017

    Suit Accusing FERC Of Pro-Energy Industry Bias Thrown Out

    A D.C. federal judge on Wednesday dismissed an environmental group's suit claiming the Federal Energy Regulatory Commission's pipeline approval process unconstitutionally favors the energy industry, saying there is no evidence that FERC is biased.

  • March 22, 2017

    AkzoNobel Snubs PPG's Sweetened $24.5B Takeover Bid

    Akzo Nobel NV on Wednesday again spurned Pennsylvania-based PPG Industries’ advances, contending that the sweetened €22.7 billion ($24.5 billion) takeover offer is still too low and fails to alleviate the Dutch coatings and chemicals company’s antitrust concerns.

  • March 21, 2017

    Ex-PSU Boss's Reporting Failure Enabled Sandusky, Jury Told

    Ex-Penn State University president Graham Spanier went to trial in Harrisburg on Tuesday facing arguments that his failure to report a suspected child abuse incident involving Jerry Sandusky more than 15 years ago had allowed the former coach and now-convicted child molester to continue victimizing young boys.

  • March 21, 2017

    Food Co. Wants Triple Damages After Fake Jam Verdict

    Specialty food importer Dalmatia Import Group Inc. told a Pennsylvania federal judge on Monday that it is entitled to triple damages on some claims after a jury last month awarded it more than $2.5 million from two former manufacturing partners that infringed its trademark and counterfeited its signature jam spread.

  • March 21, 2017

    3rd Circ. Revives Port Worker's FMLA Retaliation Claim

    The Third Circuit on Tuesday ordered a new trial for a former Delaware River Port Authority worker who claimed he was fired for taking leave under the Family and Medical Leave Act, issuing a precedential decision that established the standard of proof for such claims by holding that direct evidence of retaliation wasn’t necessary.

  • March 21, 2017

    Pa. Fed. Jury Awards Woman $625K Over Needless Surgery

    A Pennsylvania federal jury awarded a New Jersey woman $625,000 in a medical malpractice suit accusing a doctor of performing an unnecessary surgery but cleared two other doctors of liability, according to documents filed in federal court Monday.

  • March 21, 2017

    NJ Sens. Express Enviro Concerns Over PennEast Pipeline

    Both of New Jersey’s U.S. senators have sent a letter to the Federal Energy Regulatory Commission expressing concerns that the proposed 110-mile PennEast Pipeline project, set to run through parts of the Garden State and Pennsylvania, poses potential environmental impacts that need to be investigated further.

Expert Analysis

  • Settlement Strategy: What Does The Client Really Want?

    head shot.jpg

    The best outside counsel think like the client. That includes understanding the client’s perspectives and goals with regard to reaching a settlement — because “good results” mean different things for different clients. Outside counsel must ask themselves the right questions, and know the answers, to shape a client-focused settlement strategy, say Kate Jackson of Cummins Inc. and Patrick Reilly of Faegre Baker Daniels LLP.

  • What ACA Repeal Means For The Future Of Medicaid

    Miranda A. Franco

    Republican party leaders have long said they believe Medicaid is fiscally unsustainable and a spending cap is necessary to fix its finances. The American Health Care Act, introduced by Republican House leadership last week, finally puts those ambitions into official legislative language, says Miranda Franco of Holland & Knight LLP.

  • In The Associate Lateral Market, All Law Firms Are Not Equal

    Darin R. Morgan

    When associates contemplate a potential lateral move, there is a common misconception that all law firms are the same. It may seem that one law firm is just like the next, but if you dig deeper, you may discover unique attributes at some firms that may be more appealing and improve your professional satisfaction significantly, says Darin Morgan of Major Lindsey & Africa.

  • Reflections From A Mock Trial

    Lora Brzezynski

    Nerves were high on the day of the trial. While technically client interests were not at stake, our reputations were still on the line. We were not only presenting our case in front of our newly acquainted colleagues, but also for partners at our firm, expert witnesses, federal judges and in-house counsel — potential employers and clients, say attorneys with Dentons, sharing their recent mock trial experience.

  • 4th Circ. Uranium Mining Ruling Narrows Federal Preemption

    Michael K. Murphy

    The Fourth Circuit's recent decision in Virginia Uranium v. John Warren demonstrates a narrowing of preemption in areas that were traditionally held to the dominion of federal law: federal regulation of radiological safety under the Atomic Energy Act, and of federal lands under the Mining Act and the U.S. Constitution’s property clause, says Michael Murphy of Gibson Dunn & Crutcher LLP.

  • Shining A Light On GOP Plan For Health Care Reform

    Andrew Bab

    Since the election of President Trump and Republican majorities in the House and the Senate, there has been a strong push to repeal and replace the Affordable Care Act. However, there has been little detail as to what “repeal” or “replace” actually mean. Recent developments provide some clarity, say members of Debevoise & Plimpton LLP.

  • Consumer Financial Services Cos., Prepare For New Dynamic

    Melanie Brody

    Appointment of a new, more industry-friendly Consumer Financial Protection Bureau director by President Donald Trump would most likely reduce the number of enforcement actions brought by the bureau. Nevertheless, providers of consumer financial services should not assume that their enforcement risk will disappear along with current CFPB Director Richard Cordray, say attorneys with Mayer Brown LLP.

  • Data Analytics Now Cost-Effective For Smaller Firms

    Chris Paskach

    A recent survey found that nearly two-thirds of Am Law 200 firms are now using data analytics, compared to only about a tenth of regional and boutique firms. Yet the exploding market for data analytics technology in business is making these productivity tools available for any size matter or firm, say Christopher Paskach of The Claro Group and Douglas Johnston Jr. of Five Management LLC.

  • Shipping Act's Antitrust Preemption Is Powerful

    John Longstreth

    The Third Circuit's recent decision in the Vehicle Carrier Services Antitrust Litigation affirms that the Shipping Act of 1984 preempts both state and federal antitrust claims. The court’s decision fits comfortably into a line of U.S. Supreme Court decisions that reflect considerable concern that state antitrust laws not be allowed to interfere with regulatory regimes established by Congress, say attorneys with K&L Gates LLP.

  • Authentication Of Social Media Evidence: 2 Cases To Know

    Beth S. Rose

    Recently the Third Circuit and a New Jersey appellate court were presented with criminal cases in which defendants sought to overturn their convictions on the grounds that the lower courts improperly admitted unauthenticated social media evidence. Both courts concluded that the traditional rules of evidence were adequate to address social media evidence, says Beth Rose of Sills Cummis & Gross PC.