Pennsylvania

  • August 16, 2017

    Pa. Landowner Says Rival's Mining Permit Issued In Error

    A Pennsylvania landowner told the state’s Environmental Hearing Board on Wednesday that the Department of Environmental Protection improperly renewed a surface mining permit to a rival in the ash disposal business, saying the company had forfeited its bond for work on the site by failing to comply with previous requirements.

  • August 16, 2017

    3rd Circ. Says TCPA Class Can Be Identified In BMW Fax Suit

    The Third Circuit on Wednesday clarified an ascertainability standard for class actions, finding that a class of car dealers who were faxed unsolicited BMW financial services advertisements could be identified through database records and affidavits.

  • August 16, 2017

    Tucker Arensberg Snags Atty For New White Collar Practice

    Tucker Arensberg PC announced Wednesday that it has tapped Goldberg Katzman PC criminal defense group chair Jerry Russo to come on board as the firm looks to launch a new white collar practice.

  • August 16, 2017

    Settlement Administrator Impeding Process, Ex-NFLers Say

    Sixteen former National Football League players on Tuesday accused the claims administrator overseeing the distribution of benefits from the multidistrict litigation over football-related brain injuries of missteps in its implementation of the 2015 settlement agreement, saying it was adding requirements that were not part of the initial deal.

  • August 16, 2017

    Pa. Court Says GM Can Alter Warranty Work Reimbursements

    The Pennsylvania Commonwealth Court on Wednesday reversed a determination by a state agency that found General Motors improperly changed its policy on reimbursements for dealers’ warranty work, concluding that the shift was made under a contract that was not governed by state law.

  • August 16, 2017

    New Discovery Review Ordered In Pa. DA's Defamation Suit

    A Pennsylvania appeals court said Tuesday that a trial judge had failed to consider whether state law or other evidentiary privilege barred access to criminal records being sought in a defamation case over criticism the Lehigh County district attorney faced on a radio show for his work as a prosecutor.

  • August 15, 2017

    3rd Circ. Divides Stryker Poaching Suit Between Calif., NJ

    The Third Circuit ruled Tuesday that a New Jersey-based Stryker Corp. unit's claims that its former sales representatives improperly solicited the company's clients in California to benefit its competitors must be litigated separately between the two states under a new framework for cases where forum selection clauses only apply to certain parties.

  • August 15, 2017

    Pa. Court Tosses Med Mal Suit Against Penn State Hospital

    A Pennsylvania appellate court on Tuesday affirmed the dismissal of a suit accusing Penn State University’s Hershey Medical Center of medical negligence, rejecting the patient’s argument that the hospital’s withholding of medical documents prevented him from timely submitting a certificate of merit as required by law.

  • August 15, 2017

    3rd Circ. Says NRC's Rules Trump ADA In Worker Firing Suit

    The Third Circuit on Tuesday said Pennsylvania Power & Light Co. did not violate the Americans with Disabilities Act by firing a security officer at a nuclear power plant who purportedly grappled with mental health issues and alcoholism, finding the move protected under U.S. Nuclear Regulatory Commission guidelines.

  • August 15, 2017

    Pa. Woman Says Rodent Was Baked Into Chick-Fil-A Sandwich

    A Pennsylvania woman ordered a Chick-fil-A chicken sandwich with no butter, no pickles and, impliedly, no vermin, but instead received a sandwich with a small rodent baked into the bun, according to a complaint filed in state court.

  • August 15, 2017

    Pa. Court Favors Enviros In Fight Over Consol Coal Mine

    The Pennsylvania Environmental Hearing Board on Tuesday delivered a victory to environmental groups challenging Consol Energy Inc.'s expansion of the largest underground coal mining operation in North America, rejecting a revised permit that allowed the company to damage a nearby stream.

  • August 15, 2017

    Highmark Must Face Antitrust Suit Over Insurance Rates

    A Pennsylvania federal judge said Tuesday that Highmark Inc.’s efforts to win state approval for its allegedly inflated small-group health insurance rates could not shield it from potential liability in a class action claiming it conspired with the University of Pittsburgh Medical Center to exclude competitors from the market.

  • August 15, 2017

    Immigrant Unrecognized By Sierra Leone Fights Detention

    A Sierra Leone native whom the federal government has failed to deport to the west African country sought Monday to be released from detention in Pennsylvania, arguing that there is no realistic prospect that the U.S. will succeed in removing him.

  • August 15, 2017

    Ethics Court Urged To Put Pa. Judge On Hook For Retaliation

    For the first time since a sweeping new set of judicial ethics rules went into effect three years ago, the Pennsylvania Court of Judicial Discipline is being urged by an ethics watchdog to find an ex-Northampton County judge liable for retaliating against staffers who complained about his purportedly abusive conduct.

  • August 15, 2017

    3rd Circ. Denies NJ Town's Bid To Stay Dune Construction

    The Third Circuit on Tuesday refused a New Jersey beachfront town’s urgent request to temporarily halt a federally funded dune construction project so authorities can address the pools of contaminated water that the work has apparently produced, and left open the question of whether a district judge’s order greenlighting the project can even be appealed. 

  • August 15, 2017

    Pa. Fraudster Wins New Look At Ineffective Counsel Claims

    The Third Circuit on Tuesday found that a Pennsylvania federal judge erred by not looking further into a convicted fraudster's assertions that his lawyer’s omissions led him to turn down a five-year plea deal, and sent the case back for an evidentiary hearing.

  • August 15, 2017

    Egg Producers Lose Bid To Decertify Class In Price-Fix MDL

    Egg producers on Monday lost in their effort to unravel the certification of a class of direct egg purchasers accusing them of participating in a price-fixing conspiracy, with a Pennsylvania federal judge saying that the companies were mostly rehashing old battles.

  • August 15, 2017

    Pa. Rep., Atty Cop To Roles In Illegal Gambling Scheme

    A Pennsylvania state representative and an attorney on Tuesday both pled guilty to state misdemeanor charges stemming from allegations that they took steps to support an Allegheny County illegal gambling ring.

  • August 14, 2017

    Extension Option Can't Trigger Lease Tax, Pa. Court Says

    A Pennsylvania appellate court tossed the commonwealth’s attempt to apply a realty transfer tax to a company holding a long-term lease in the state, ruling Monday that the lease’s extension doesn’t push it beyond a 30-year limit on untaxable leases.

  • August 14, 2017

    3rd Circ. Urged To Mull FCA Triggers In Pa. Grant Row

    Weighing in on appeal after the city of Pittsburgh dodged allegations that it filed fraudulent claims for grant funds, the federal government has urged the Third Circuit to interpret a recent U.S. Supreme Court ruling to rethink when false certifications of regulatory compliance can trigger False Claims Act liability.

Expert Analysis

  • Series

    Notes From A Law Firm Chief Privacy Officer: Insider Risks

    Wagner.jpg

    As law firms hold sensitive information not only related to the firm but to the firm’s clients, an insider threat — whether it's a "bad actor employee" or inadvertent activity — poses a particular concern. There are steps that privacy officers can initiate to help minimize these threats, says Patricia Wagner, chief privacy officer for Epstein Becker Green.

  • Series

    Notes From A Law Firm Chief Privacy Officer: Balancing Act

    Kristin Jones

    As the role of law firm chief privacy officer becomes more prevalent and expansive, many CPOs are finding themselves in the midst of a delicate balancing act — weighing compliance with government regulations and client requirements on one side with the needs of firm business on the other, says Kristin Jones, chief privacy officer for Stradley Ronon Stevens & Young LLP.

  • 8 Years Of Health Care Enforcement: Doing Less With More

    Michael Loucks

    Despite the allocation of an additional $708 million in health care enforcement resources between 2008 and 2016, increases in financial recoveries and the prosecution of individuals never materialized. Attorneys with Skadden Arps Slate Meagher & Flom LLP explore what happened and what can be changed.

  • Series

    Notes From A Law Firm Chief Privacy Officer: CPO Vs. CISO

    Mark McCreary

    To understand the role of the law firm chief privacy officer — and why that person ought to be a lawyer — it’s important to distinguish the role they fill from that of the chief information security officer, says Mark McCreary, chief privacy officer for Fox Rothschild LLP.

  • 5 Questions To Ask Before Entering Joint-Representation AFA

    Natalie Hanlon Leh

    One growing trend is for clients to enter into alternative fee arrangements in which one law firm represents multiple parties who “share” fees and costs in a related matter. This way parties can more efficiently manage a matter and reduce their individual legal fees. But joint representation is not without its own risks and challenges, say attorneys with WilmerHale.

  • Legal Incubators Can Help New Lawyers And Society

    Martin Pritikin

    Legal incubators serve as an important bridge to practice and a crucial step toward aligning the incentives of new lawyers with the needs of their clients. They may even pose a threat to the traditional law school model itself, and that's not necessarily a bad thing, says Martin Pritikin, dean of Concord Law School at Kaplan University.

  • Heller Sequels And 2nd Amendment, Still Undecided: Part 2

    Robert W. Ludwig

    In the second installment of this three-part series, attorney Robert W. Ludwig continues his deep dive into the controversial history of Second Amendment jurisprudence.

  • How To Prioritize Your Law Firm's Crisis Response Plan

    Michelle Samuels

    If the media is going to cover your law firm’s crisis, they are going to cover it with or without your firm’s input. But your involvement can help shape the story and improve your firm’s image in the public eye, says Michelle Samuels, vice president of public relations at Jaffe.

  • A Foreign Partner Is Not Taxable On A Partnership Sale

    Steven Bortnick.jpg

    The Tax Court's recent ruling in Grecian Magnesite overturned the U.S. Internal Revenue Service's position that gain on the sale of a partnership interest is taxable to foreign limited partners. This result supports the view that, for the most part, taxation in such cases would only be possible with legislative change, says Steven Bortnick of Pepper Hamilton LLP.

  • Weekly Column

    Innovating For Wise Juries: Closing Argument

    Stephen Susman

    In the final article in this series on proposed innovations to the American jury trial, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project sum up the improvements they believe the U.S. jury system desperately needs.