• March 13, 2018

    Penn State Frat Board Sued For Alcohol-Related Death

    A former board member for a disbanded Pennsylvania State University fraternity sued the fraternity’s board members Monday in Pennsylvania federal court, alleging they mismanaged the fraternity’s alcohol policies and overlooked rampant underage drinking at the house, leading to the alcohol-related death of a pledge in 2017.

  • March 13, 2018

    EPA Lets Bankrupt Pa. Refiner Slide On Biofuel Payments

    Philadelphia Energy Solutions LLC, the Northeast’s largest remaining refinery complex, scored a big win in its Delaware bankruptcy proceedings Monday with a settlement that allows the company to avoid paying tens of millions it owes under a U.S. Environmental Protection Agency renewable fuels program.

  • March 13, 2018

    Gillette Must Arbitrate Razor Patent Row, 3rd Circ. Told

    Razor retailers Dollar Shave Club Inc. and Pace Shave Inc. on Tuesday told the Third Circuit that Gillette Inc.’s patent row over razor blade technology must be arbitrated because the arbitration clause in their original patent agreement was still enforceable despite a new version that didn’t contain one.

  • March 13, 2018

    Medical Monitoring Co. Ends FCA Case For $550K

    A Pennsylvania company that provides monitoring services for patients undergoing surgery will pay the federal government $550,000 to resolve False Claims Act allegations that it billed Medicare for remote physicians when in reality no qualified professionals were actually observing live data produced during procedures, the U.S. Department of Justice announced on Tuesday.

  • March 13, 2018

    Pa. Justices Urged To Ax Philly Soda Tax

    Opponents of Philadelphia's tax on sweetened beverages urged the state's highest court Monday to break with two lower courts that have both found that the levy was not improperly duplicative of the state's sales tax.

  • March 13, 2018

    High Court May Clarify Decades-Old Procedural Takings Issue

    The U.S. Supreme Court recently agreed to hear a case concerning a Pennsylvania property owner's struggle to get state and federal courts to hear her claim that the government has unconstitutionally taken value from her land, and lawyers say the decision is likely to clarify a murky procedural area that for decades has resulted in delays and additional costs for real estate projects across the country.

  • March 12, 2018

    Pa. Fee Claim Ruling Could Spur Deal-Making Between Firms

    Law firms taking over cases from prior counsel may see extra incentive to negotiate fee-sharing deals following a recent Pennsylvania Supreme Court ruling that, for the first time in the state, gave the green light to non-contract-based claims from predecessor firms looking to get paid for work on old cases.

  • March 12, 2018

    Philly Club Owner Aims To Trim Exotic Dancers' Wage Suit

    Owners of an exotic dance club filed a motion in Pennsylvania federal court Monday to dismiss an unjust enrichment claim in a class action lawsuit over wages, arguing the statute the dancers invoke is superseded by their other claim in the case under the federal Fair Labor Standards Act.

  • March 12, 2018

    Enviros Denied Early Win In Pa. Facility Permit Challenge

    A panel of Pennsylvania environmental law judges said Friday it was too early to rule in favor of the Clean Air Council in the group’s effort to challenge permits issued to an Energy Transfer Partners unit as part of the company's efforts to convert a Philadelphia-area refinery to a natural gas processing and storage facility.

  • March 12, 2018

    R&B Singer Jill Scott Sued Over Greeting Card Deal

    Three-time Grammy Award-winner Jill Scott has been sued in Pennsylvania state court by a friend who says she went around him to partner with Hallmark, despite an oral agreement that he said would have given him a 50 percent cut of any greeting card deal.

  • March 12, 2018

    EPA Must List Areas Not Meeting Smog Standards By April

    A California federal judge on Monday told the U.S. Environmental Protection Agency it has until the end of April to publish a complete list of areas in the country that either do or don’t meet national ambient air quality standards for ozone.

  • March 12, 2018

    Blank Rome Announces Leadership Transition

    Blank Rome LLP’s chairman and managing partner will be stepping down from the latter role at the end of 2018, the firm announced Monday, to be replaced by the current chair of its litigation department.

  • March 9, 2018

    Why The ‘Blue Slip’ Battles Are Becoming White Hot

    It’s more of a norm than a rule. Its use has shifted over time, often with political winds. But the once-obscure Senate tradition is now front and center in the boiling debate over the future of the judiciary.

  • March 9, 2018

    Senior Judges Fill The Void Left By Rampant Vacancies

    More federal judges are skipping the golf course to head back to the courtroom upon taking senior status, and they're playing an increasingly vital role in a strained system.

  • March 9, 2018

    How Far Right Can The President Pull The Courts?

    Although President Donald Trump set a record with the number of circuit judges he named during his first year, experts say that's not the whole story. Here’s our data-driven look at what the White House faces in its quest to reshape the appeals courts.

  • March 9, 2018

    Dr. Reddy's Escapes FCA Suit Over Drug Packaging

    A Pennsylvania federal judge on Friday tossed a suit alleging Dr. Reddy’s caused the government to be billed for prescription drugs sold in packages not tested for child safety, saying the whistleblowers can’t bring claims under the False Claims Act because they haven’t alleged any factual falsehoods.

  • March 9, 2018

    5th Pa. Casino License Auction Attracts No Bidders

    The Pennsylvania Gaming Control Board failed to auction off the fifth of 10 potential new casino licenses on Friday when none of the six eligible casino operators opted to participate.

  • March 9, 2018

    Insured's Ignorance Of Grace Period's End No Excuse: Judge

    A Pennsylvania federal judge ruled Thursday that Cincinnati Insurance Co. needn't pay more than $100,000 to Wescott Electric Co. in connection with a decadelong, multimillion-dollar employee theft, saying that, in the string of policies Wescott bought, it should have known of the eventual discontinuation of a one-year grace period for claims reporting.

  • March 9, 2018

    15 Months In, Philly Still Plagued With Soda Tax Uncertainties

    It’s been 15 months since the city of Philadelphia enacted its sweetened beverage tax, and there looks to be no end in sight to the fighting and fallout that have plagued it from the outset, thanks to lower-than-expected tax revenue as well as court battles.

  • March 9, 2018

    PNC Says Bank Law OKs Criminal Check For Job Applicants

    A PNC bank unit asked a Pennsylvania federal judge to throw out class allegations that it wrongly revoked a job offer to an applicant based on criminal history records, saying Friday that federal banking law preempts a state statute against considering such histories when assessing job applications.

Expert Analysis

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​

  • Emerging Trends In FCA Enforcement: 2018 Outlook

    Vince Farhat

    Two new policies from the U.S. Department of Justice, along with ongoing developments concerning the elements of scienter and materiality stemming from the landmark U.S. Supreme Court decision in Escobar, have the potential to significantly change the landscape of False Claims Act enforcement in the year ahead, say attorneys with Holland & Knight LLP.

  • 'Throw' Your Mini-Opening To Get The Best Jury Possible

    Christina Marinakis

    In the hopes of piquing the interest of jurors and minimizing hardship requests, more and more judges are encouraging parties to make “mini-openings” prior to voir dire. You can use this as an opportunity to identify your worst jurors and get them removed from the panel — by previewing your case weaknesses and withholding your strengths, says Christina Marinakis of Litigation Insights.

  • Eminent Domain In The Wake Of Natural Disasters

    Briggs Stahl

    When states and municipalities rebuild permanent infrastructure following disasters, they may be able to reduce the damages caused by eminent domain by planning carefully. In particular, examining preventative solutions allows more time for planning and designing projects to reduce future damages to owners, says Briggs Stahl of RGL Forensics.

  • Your Case Was Remanded By The MDL Court — Now What?

    Brandon Cox

    Multidistrict litigation is an ever-expanding driver of product liability litigation, but when the MDL process runs its course there is often still a trial to be had, and there are strategic and practical decisions to consider once a case has been remanded. Brandon Cox and Charissa Walker of Tucker Ellis LLP offer tips on how to navigate the remand process.

  • The Art Of The Litigation Funding Deal

    Julia Gewolb

    As litigation funding becomes more widespread, greater complexity and variability in funding deals are to be expected. All claimants should consider certain key questions on the economics of single-case funding when considering or comparing funding terms, says Julia Gewolb of Bentham IMF.

  • Smart Contracts Need Smart Corporate Lawyers

    Matthew O’Toole

    Given the operational and security risks involved, and the substantial digital asset values transacted, the rise of distributed ledger technology and smart contracts will create new opportunities and responsibilities for transactional lawyers, say attorneys with Potter Anderson Corroon LLP.

  • How To Fix Your Broken Client Teams

    Mike O'Horo

    Law firms claim they create client teams to improve service. Clients aren’t fooled, describing these initiatives as “thinly veiled sales campaigns.” Until firms and client teams begin to apply a number of principles consistently, they will continue to fail and further erode clients’ trust, says legal industry coach Mike O’Horo.

  • Preemption In Pharmaceutical Cases: 2017 In Review

    Connor Sheehan

    2017 was a busy year in the evolving landscape of preemption in pharmaceutical cases. And the interplay and potential collision between state law duties and federal regulatory requirements raised in the cases decided last year will continue to evolve in 2018, says Connor Sheehan of Dunn Sheehan LLP.

  • About My Paycheck: The Lurking Retaliation Risk

    Mark Stanisz

    Three unrelated developments make it more likely that employees will question their pay with greater frequency than in the past. Employers should prepare to answer paycheck questions, understanding that these conversations could give rise to Fair Labor Standards Act and state wage and hour retaliation claims, says Mark Stanisz of Duane Morris LLP.