Pennsylvania

  • February 13, 2017

    Pa. Panel Axes Employer's Slice Of Coverall Defect Deal

    A Pennsylvania appeals court issued a published decision Monday finding that settlement proceeds a worker won from an Aramark Corp. unit, over burns he suffered thanks to faulty fire-resistant coveralls, could not be used to repay his employer for injuries unrelated to the garment.

  • February 13, 2017

    Egalet Hit With 2nd Investor Suit Over Abuse-Deterrent Label

    Egalet Corp. investors filed a second securities class complaint Friday over the U.S. Food and Drug Administration’s recent approval of an opioid painkiller, telling a Pennsylvania federal court that the company made misleading statements about the drug's likelihood of earning a label denoting the painkiller's ability to deter abuse.

  • February 13, 2017

    Wellbutrin Buyers Tell 3rd Circ. Actos Ruling Bolsters Case

    Purchasers of Wellbutrin have told the Third Circuit that their pay-for-delay case against GlaxoSmithKline PLC is supported by a recent Second Circuit ruling that said buyers did not have to rule out possible alternatives when asserting that they paid higher prices because of delayed generic competition for a drug.

  • February 13, 2017

    Pa. Rep. Questions Legality Of Methane Plan Rollout

    The chairman of the State Government Committee of the Pennsylvania House raised concerns that a plan to limit methane emissions from oil and gas production runs afoul of a state law over new regulations in a letter to the secretary of the Department of Environmental Protection Friday.

  • February 10, 2017

    RatnerPrestia, German IP Firm Settle Over Soured Merger

    Boutique IP law firm RatnerPrestia PC agreed to drop fraud and unfair competition claims against German firm Stolmar & Partner filed after failed merger negotiations, according to documents filed in Pennsylvania federal court on Friday.

  • February 10, 2017

    Philly Collapse Victims Jumped Hurdle Of State Liability Law

    Wednesday’s record-setting $227 million settlement ending the civil trial over a 2013 fatal building collapse in Philadelphia was hastened by a harsh jury verdict that helped defang a 2011 liability reform statute that has hit plaintiffs hardest by limiting their avenues for collecting damages.

  • February 10, 2017

    Insurer Can Sue For Injured Worker, Pa. Panel Says

    A Pennsylvania appeals court ruled in a published decision Friday that an insurer correctly followed new state legal precedent in a subrogation action the company launched to recover medical and wage benefits paid to a woman who was struck by a vehicle on a rental-car lot.

  • February 10, 2017

    3rd Circ. Backs Infosys In Rival’s Noncompete Row

    Infosys Ltd. cannot be held responsible for breaching noncompete contracts it did not know existed, a Third Circuit panel ruled Thursday in a information technology consulting rival's dispute over a project for Time Warner Cable Inc. 

  • February 10, 2017

    New Crime-Of-Violence Deportation Case Hits Supreme Court

    The U.S. Supreme Court should take up a Third Circuit ruling that a federal statute defining a “crime of violence” is unconstitutionally vague, but delay review until the justices decide another deportation case examining the same question, the federal government has said.

  • February 10, 2017

    Philly DA In Undisclosed Gift Scandal Won't Seek Reelection

    Philadelphia’s embattled district attorney, who is facing ongoing fallout from revelations that he accepted thousands of dollars in income and gifts that he failed to disclose on required financial interest statements, announced Friday he would not seek a third term as the city’s top prosecutor next year.

  • February 10, 2017

    Penn State Says Bias Caused $7.3M Sandusky Witness Verdict

    Pennsylvania State University asked a judge to toss a $7.3 million jury verdict or order a new trial in a former football coach’s case over the school’s alleged mishandling of sex abuse reports against Jerry Sandusky, saying the trial judge in the case "acted as an advocate" on behalf of the coach.

  • February 10, 2017

    Pa. Justices Cast Doubt On Ex-Rep.'s $1M Restitution Order

    The Pennsylvania Supreme Court on Thursday ordered a new hearing on whether a former legislative leader should be required to pay $1 million in restitution after he was found guilty as part of a scheme to use public funds and resources for campaign activities.

  • February 10, 2017

    Pa. Justices Urged To Nix Fracking Rule Injunction

    Pennsylvania’s environmental regulators urged the state Supreme Court on Wednesday to overturn an injunction blocking new regulations governing surface areas near gas drilling and hydraulic fracturing, saying the lower court erred when it granted the “extraordinary remedy” of a preliminary injunction.

  • February 9, 2017

    Pa. Appeals Court Axes Home-Care Worker Info Release Order

    The Pennsylvania Commonwealth Court on Wednesday issued a split decision finding that addresses of home-care workers are not exempt from disclosure under the state’s Right to Know Law, but also saying state officials must further evaluate whether to release the information in light of a recent Pennsylvania Supreme Court ruling.

  • February 9, 2017

    Trump Barry's Hiatus Shields 3rd Circ. From Family Spotlight

    Senior Judge Maryanne Trump Barry's indefinite hiatus from the Third Circuit following her younger brother Donald Trump's inauguration as president is being hailed by court watchers and former clerks as a prudent move, in line with her penchant for privacy and respect for the judiciary, to shield the court from controversy over her family ties.

  • February 9, 2017

    NFL Fan Urges 3rd Circ. To Revive Super Bowl Ticket Suit

    An angry NFL fan told the Third Circuit this week a federal judge again wrongly dismissed his proposed class action alleging the NFL inflated secondary market prices for tickets to the 2014 Super Bowl by not offering enough tickets for sale to the general public, arguing that the new allegations include expert opinion necessary for a plausible claim.

  • February 9, 2017

    Computer Scammer Admits Ripping Off Pa. Oil Co.

    A Moldovan man has copped a plea to charges he participated in a phishing ring that used computer malware to target a western Pennsylvania oil drilling company and school district for millions of dollars, federal prosecutors said.

  • February 9, 2017

    3rd Circ. Revives Claims In Truck Transmission Antitrust Row

    The Third Circuit vacated part of a Delaware federal court ruling in an antitrust suit against transmission supplier Eaton Corp. and heavy truck manufacturers, finding Thursday that the lower court erred when it dismissed individual antitrust claims brought by the end purchasers of the trucks.

  • February 9, 2017

    Mountjoy Wants Others To Join Tech Co.'s Negligence Suit

    A negligence suit brought by the trustee of a defunct anti-terrorism tech company against accounting firm Mountjoy Chilton Medley LLP and law firm Thompson Coburn LLP should include the company’s former CEO and others as defendants, Mountjoy told a Pennsylvania federal judge on Wednesday.

  • February 9, 2017

    Judge Won't Reconsider Denial Of Homeowners' Class Cert.

    A Pennsylvania federal judge refused to reconsider his decision to deny class certification on Wednesday in a suit accusing a defunct Morgan Stanley unit of failing to modify qualified homeowners’ loans or properly notify them of their rejection, arguing that there are differing circumstances among proposed class members.

Expert Analysis

  • The State Of The Litigation Finance Industry In 2017

    Christopher P. Bogart

    In the United States, the number of lawyers whose firms have used litigation finance has quadrupled since 2013. Even so, too many remain poorly informed, leaving them at a competitive disadvantage and prone to oddly persistent “alternative facts” about litigation finance, says Christopher Bogart, CEO of Burford Capital.

  • 11th Circ. Ruling May Affect Criminal Securities Fraud Cases

    David M. Chaiken

    The Eleventh Circuit's recent decision in U.S. v. Stein could hinder efforts to limit loss estimates in fraud-on-the-market criminal securities fraud cases. The case cemented a firm 5-3 majority circuit split that will undoubtedly weigh heavily on judges who will be confronted with this issue in the four circuits that have yet to address it, say attorneys with Troutman Sanders LLP.

  • 6 Ways To Get More From A Limited Budget For Trial Graphics

    Marti-Martin-Robinson.jpg

    With so many possibilities and variables, it can be difficult to adhere to a strict graphics budget when preparing effective visuals for trial. There are several things you can do to limit the cost of your visuals without sacrificing quality, says Marti Martin Robinson of Litigation Insights Inc.

  • Analyzing The Legality Of Proposed Sanctuary City Measures

    Leon Fresco

    The 115th Congress began by introducing bills aimed at defunding sanctuary cities in both the Senate and House, efforts consistent with President Donald Trump’s recent executive order, which aims to cancel federal funding to sanctuary cities. However, such action is likely to lead to a showdown in Congress and in the federal courts over a variety of constitutional, federal and administrative legal issues, say attorneys at Holland & Knight LLP.

  • And Now A Word From The Panel: A Year Of Vanishing MDLs

    Alan Rothman

    2016 was a notable year for the Judicial Panel for Multidistrict Litigation: It created only 26 new MDL proceedings, a low-water mark for new MDL proceedings not seen in almost a quarter of a century. In this installment of his bimonthly series on the panel, Alan Rothman of Arnold & Porter Kaye Scholer LLP looks at the panel’s activity over the past year.

  • Taxing Marijuana: A Hazy Issue For Municipal Bankruptcy

    Katherine Lewis

    Recent court holdings that marijuana businesses are barred from federal bankruptcy protection may pose a serious problem for fiscally distressed municipalities looking for Chapter 9 relief — specifically those that tax marijuana sales, says Katherine Lewis of Weil Gotshal & Manges LLP.

  • Starting Over: Policy Rescission In New York Vs. The UK

    Jeffrey S. Weinstein

    The question of what circumstances allow an insurer to rescind a policy based on misrepresented information has been addressed recently in both New York and the United Kingdom. The New York approach is generally simpler than the U.K.'s, but in one situation, U.K. law may be more favorable toward insurers, say Jeffrey Weinstein and Kelly Cheverko of Mound Cotton Wollan & Greengrass LLP.

  • More And More States Are Targeting Payroll Debit Cards

    Caroline J. Berdzik

    It has become increasingly prevalent for employers to pay their employees with payroll debit cards due to the benefits to both employers and employees. However, despite these mutual benefits, many states have enacted legislation that may potentially curtail the use of these cards to pay wages, says Caroline Berdzik of Goldberg Segalla LLP.

  • ConAgra Opinion May Repair Ascertainability Circuit Split

    Fred Taylor Isquith

    In its systematic, careful and Rule 23-specific opinion in Briseno v. ConAgra, the Ninth Circuit found a way to eviscerate the Third Circuit’s views on “ascertainability.” This important opinion may not end the debate, but it may engender new thinking from the Third and Fourth Circuits, says Fred Taylor Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • How Litigation Funding Is Bringing Champerty Back To Life

    John H. Beisner

    While some courts have declined to apply the common-law doctrine of champerty to invalidate third-party litigation funding agreements, two recent rulings by appellate courts in New York and Pennsylvania have brought renewed attention to champerty principles, casting doubts on the legality of certain forms of third-party litigation funding, say John Beisner and Jordan Schwartz of Skadden Arps Slate Meagher & Flom LLP.