Pennsylvania

  • June 21, 2017

    Pa. Justices Won't Revive Drilling Rule Challenge

    The Pennsylvania Supreme Court on Tuesday affirmed the authority of state environmental regulators to demand that drillers outline potential environmental impacts of proposed oil and gas wells, finding the requirement was not void even though it was part of a controversial law deemed unconstitutional three years ago in a landmark ruling.

  • June 21, 2017

    Philly Pub, Produce Stand To Pay $700K For OT Violations

    The U.S. Department of Labor announced Tuesday that it has entered into an agreement with a Philadelphia produce market and restaurant in Reading Terminal Market to settle allegations that the owners failed to pay the employees overtime.

  • June 20, 2017

    Medtronic Beats ‘Free Services’ Kickback FCA Suit, For Now

    A Pennsylvania federal judge on Monday dismissed with leave to amend False Claims Act allegations that Medtronic offered surgical support and other free services as kickbacks to woo physicians and hospitals into buying its medical implants, saying the suit doesn’t show how Medtronic's services crossed the line.

  • June 20, 2017

    Pa. Justices Reject Atty's Bid To Dodge Disbarment

    Five of seven members of the Pennsylvania Supreme Court on Monday agreed to disbar an attorney who argued that purported mismanagement of client funds was caused in part by a state of depression and post-traumatic stress. 

  • June 20, 2017

    Pa. Health Centers Urge FCC Action On Rural Program Funds

    A group representing Pennsylvania health centers has warned the Federal Communications Commission that they are facing funding cuts under the agency’s Rural Health Care Program, urging “immediate action” to make sure there is enough money and to fix problems with the program.

  • June 20, 2017

    Only Doctors Can Obtain Informed Consent, Pa. Justices Rule

    The Pennsylvania Supreme Court revived a malpractice suit against a Geisinger Health System physician over a botched brain surgery, ruling that physicians must take personal responsibility for obtaining the informed consent of their patients in advance of medical procedures.

  • June 20, 2017

    Pa. Venue Says Promoters Blew Smoke In Wiz Khalifa Fraud

    A Pennsylvania sports and entertainment venue has launched a federal fraud suit against promoters who allegedly duped it into booking Wiz Khalifa and other musical acts they didn't actually represent for concerts that then had to be canceled.

  • June 20, 2017

    Pa. Justices Order New Look At Casino Owner In License Row

    The Pennsylvania Supreme Court ruled Tuesday that the Pennsylvania Gaming Control Board will have to once again revisit the gambling license for a proposed Philadelphia casino project due to the involvement of one investor who also owns a large stake in another gambling enterprise.

  • June 20, 2017

    Philly DA Used Position To Line His Pockets, Jury Hears

    Federal prosecutors opened their case against Philadelphia District Attorney Seth Williams on Tuesday, telling jurors that the city’s top law enforcement official made a practice of using his position to enrich himself over his seven years in office.

  • June 20, 2017

    Doc’s Suit To Block Criminal Charges Tossed By 3rd Circ.

    A neurologist indicted for the alleged sexual assault of patients can’t assert constitutional violations against New Jersey prosecutors and police officers, the Third Circuit ruled Monday, saying a federal court can abstain from adjudicating a case amid an ongoing state criminal proceeding.

  • June 20, 2017

    Gas Lease Funds Can't Close Budget Hole, Pa. Justices Rule

    The Pennsylvania Supreme Court ruled Tuesday that legislators ran afoul of constitutionally enshrined environmental protections as they used money from the leasing of public land for natural gas drilling — money that had been earmarked for conservation projects — to close gaps in the state budget.

  • June 20, 2017

    Pa. Justices Ax Fiduciary Duty In Insurance-Advice Dispute

    A life insurance salesperson's advice gave rise to no fiduciary duty for customers who called their own shots, the Pennsylvania Supreme Court ruled Tuesday, overturning an appeals court’s decision favoring customers who said the insurance they bought was a con.

  • June 19, 2017

    Justice Sotomayor On Working A Room And The Post-Scalia Void

    Justice Sonia Sotomayor discusses the one thing she hates seeing at oral arguments, why diversity matters on the federal bench, and her habit of embracing audience members at live talks, in the first of two articles based on an exclusive interview with the 111th justice.

  • June 19, 2017

    Ex-Mohegan Sun Pocono VP Gets Almost 3 Years In Scheme

    A former Mohegan Sun Pocono executive on Friday received 32 months in prison for his collusion in an identity fraud scheme that reaped nearly $420,000 in winnings from slot machines using ill-gotten “free play” money at the Pennsylvania casino, the U.S. Department of Justice said.

  • June 19, 2017

    Landowners Seek Class Cert. In Royalty Fight With Exxon Unit

    Pennsylvania landowners on Friday moved for class certification of their claims that an Exxon Mobil Corp. subsidiary bilked them out of royalties they were owed under oil and gas lease agreements, saying it would be better to resolve the dispute in one proceeding than in hundreds of separate ones.

  • June 19, 2017

    3rd Circ. Urged To Keep Verdict Axing Sales Rep's Bias Suit

    A Pittsburgh-area bathroom remodeling company on Friday urged a federal appeals court to uphold a jury verdict that rejected claims by a former sales representative who said she was forced out of her job for refusing to participate in religious training.

  • June 19, 2017

    Testimony To Begin Tuesday In Philly DA's Corruption Trial

    Testimony is set to begin Tuesday in the federal corruption trial of Philadelphia District Attorney Seth Williams, after his attorneys and federal prosecutors spent all day Monday selecting a jury.

  • June 19, 2017

    DC Circ. Ruling Dooms $683M Pipeline Fight, FERC Says

    The Federal Energy Regulatory Commission on Friday told the Second Circuit that a recent D.C. Circuit decision was problematic for a challenge brought by environmental groups alleging that the commission’s review for the Constitution Pipeline Co.’s proposed $683 million natural gas pipeline was insufficient.

  • June 19, 2017

    Philly UberBlack Drivers Say 'On Call' Time Must Be Paid

    Philadelphia-based Uber limo drivers told a federal judge Friday that Uber must face putative class claims it violated the Fair Labor Standards Act by failing to compensate drivers for time they spent online on the ride-hailing app, insisting that time should count as working “on call.”

  • June 19, 2017

    Pa. Judge Urged To Ax Defamation Suit Against Amerisource

    AmerisourceBergen Corp. urged a Pennsylvania state judge on Friday to throw out what it called a “bloated” and “deeply flawed” complaint alleging that it spread false information that prevented a former employee at one of its subsidiaries from landing three other sales jobs in the industry.

Expert Analysis

  • Energy Efficiency Resources Must Stay In The Mix

    Richard Drom

    A proposal by PJM Interconnection threatens to exclude energy efficiency resources — the electricity savings achieved through the use of more energy-efficient products — from competing in its capacity market. This precedent could lead to additional barriers for other advanced energy technologies in wholesale electricity markets, says Richard Drom of Eckert Seamans Cherin & Mellott LLC.

  • What Counsel At Retailers Should Know About Data Breaches

    Donald Houser

    Just last week it was announced that Target reached a record $18.5 million settlement with 47 states and Washington, D.C., in its data breach case. Unfortunately, Target was not the high-water mark for data breaches: They will continue, and the cost of responding to them will continue to rise, says Donald Houser of Alston & Bird LLP.

  • Employers Beware: What Not To Ask During A Job Interview

    Amy Puckett

    For many employers it may seem like second nature to ask about a job applicant’s salary history. However, what was once a seemingly innocuous question will soon get an employer in deep water in Massachusetts, Philadelphia and New York City, says Amy Puckett of Bradley Arant Boult Cummings LLP.

  • Juries Must Know About Products' Standards Compliance

    Albert Piccerilli

    In a recent case, the Pennsylvania Superior Court excluded defense evidence of a product's adherence to regulatory and industry standards. But such evidence is central to the issue of whether a product is unreasonably dangerous — and because juries are tasked with resolving that issue, the exclusion of this evidence makes little sense, says Albert Piccerilli of Montgomery McCracken Walker & Rhoads LLP.

  • Series

    The Return Of Attorney-Conducted Voir Dire

    Stephen Susman

    If we truly believe in providing litigants with a jury of one’s peers, we must adopt strategies to ensure that parties and their representatives have a say in selecting their jury. When only judges participate, the result is a less representative and less fair cross section of the community, say Stephen Susman, Richard Jolly and Roy Futterman of NYU School of Law's Civil Jury Project.

  • Monthly Column

    Gray Matters: Identities Are Us

    DecisionError.jpg

    Lawyers faced with clients who can’t or won’t listen to their advice must consider that the core of this risky decision may be a person's inability or refusal to relinquish a prime identity in times of uncertainty, say dispute resolution experts Robert Creo and Selina Shultz.

  • Series

    Revisiting Affiliated Ute: A Rare Presumption In 11th Circ.

    Brian Miller

    The Eleventh Circuit has made clear that it will strictly construe the U.S. Supreme Court's Affiliated Ute decision as well as the omission language of Rule 10b-5(b). This will continue to present challenges to the plaintiffs bar in this circuit, say Brian Miller and Samantha Kavanaugh of Akerman LLP.

  • My Milkshake Is Better Than Yours: Part 2

    Jill Dessalines

    In the second installment of this two-part series on disruptive innovation among mid-size law firms, Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former senior vice president at McKesson Corp., explores a number of ideas for keeping clients and maintaining market position.

  • Noncompete Agreements Under Siege At The State Level

    James Hammerschmidt

    Compared with many other areas of employment law, the law of noncompetition agreements has been relatively static. More recently, however, many states have turned their attention to noncompetes and considered significant changes in how they are used and enforced, say attorneys with Paley Rothman.

  • My Milkshake Is Better Than Yours: Part 1

    Jill Dessalines

    As I sat there listening, incredulous to learn that "Milkshake" was not only a real song but also a chart-topper, it reminded me of Harvard Business School Professor Clayton Christensen’s work on disruptive innovation — and how it pertains to mid-size law firms, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant general counsel of McKesson Corp.