Pennsylvania

  • January 9, 2017

    Justices Won't Review Universities', Lenders' FCA Immunity

    The U.S. Supreme Court Monday denied certiorari in three cases over whether state student loan agencies and universities are protected by government immunity from False Claims Act suits, dashing chances for a unified test over government affiliation advocated by one loan agency.

  • January 9, 2017

    Atty Suspended After Usher Suit Won't Get High Court Hearing

    The Pennsylvania lawyer fighting a three-month-and-a-day suspension for tricking a songwriter targeted in a copyright suit over the Usher song "Bad Girl" won’t be getting a U.S. Supreme Court look at the federal misconduct finding.

  • January 9, 2017

    Law360 Names Practice Groups Of The Year

    Law360 congratulates the winners of its 2016 Practice Group of the Year awards, the law firms that racked up victories in litigation and closed the big deals to make their mark among clients and throughout the legal industry.

  • January 9, 2017

    Ex-Pa. Justices Drop Judicial Retirement Age Vote Challenge

    The firm representing two former Pennsylvania Supreme Court justices in their fight against what they argued was a misleading ballot referendum to raise the mandatory retirement age for state judges said Friday it would not appeal a recent decision dismissing their challenge.

  • January 9, 2017

    Justices Won't Hear Pa. Dispute Over Voided Gas Rights

    The U.S. Supreme Court said on Monday that it would not hear arguments following a decision finding that a landowner’s reservation of gas rights as part of an 1899 real estate sale was extinguished after the property was seized from a subsequent owner due to unpaid taxes three decades later.

  • January 9, 2017

    Stradley Ronon Adds Ex-Ocwen Financial Atty In Philly

    Stradley Ronon Stevens & Young LLP said Monday that it has brought in a former assistant general counsel at Ocwen Financial Corp. to join the firm’s financial services litigation practice as a partner in Philadelphia.

  • January 9, 2017

    Pa. Hospital To Pay Feds $510K Over Worker's Pill Pilfering

    A suburban Philadelphia hospital will pay the federal government $510,000 to resolve allegations that a breakdown in its controls and practices allowed an employee to divert controlled substances for illegal, nonmedical uses, according to an agreement finalized Monday.

  • January 9, 2017

    Shipping Co. Had Valid Arbitration Clause, Pa. Court Says

    A Pennsylvania appeals court issued a published ruling on Friday finding that a trucking company with a payment dispute could take advantage of the arbitration clause in its contract with a shipping broker despite the fact that the broker never actually signed the deal.

  • January 9, 2017

    Justices Won't Hear Google Online Child-Tracking Case

    The U.S. Supreme Court said Monday that it won't weigh in on whether Google and Viacom violated the Video Privacy Protection Act and other federal statutes by allegedly tracking children's internet and video-viewing activities, letting stand a Third Circuit opinion that affirmed a lower court's decision to toss the claims.

  • January 6, 2017

    Fraudulent Concealment Claim Can't Save Pa. Med Mal Suit

    A Pennsylvania appeals court on Thursday affirmed the dismissal of a medical malpractice action against a doctor involved in caring for a woman whose knee malfunction unexpectedly turned fatal, saying fraudulent concealment was not adequately pled.

  • January 6, 2017

    3rd Circ. Vacates Fee Award After Unjustified Fourfold Bump

    The Third Circuit on Friday vacated a Delaware federal court order last year granting about $1.1 million in attorneys' fees to class counsel in an action against a company providing invention promotion services, saying the lower court did not justify awarding what amounted to a more than fourfold enhancement.

  • January 6, 2017

    Another Big Blow To Student-Athletes Eyeing Employee Status

    Hammering home federal courts' reluctance to find that college athletes are employees, the Seventh Circuit on Wednesday refused to rethink a decision involving UPenn athletes despite the students' argument that the ruling effectively put them in the same category as prison laborers.

  • January 6, 2017

    NJ Atty Disbarred For Paying Child Support With Client Funds

    The New Jersey Supreme Court has disbarred a Pennsylvania attorney suspended in that state for using client funds for personal expenses, including child support payments, according to an order and ethics decision posted publicly Friday.

  • January 6, 2017

    Pa. Attorney General-Elect Creates Ethics Job Post-Scandal

    In an effort to clean up the Pennsylvania Office of Attorney General after a disgraced ex-attorney general was convicted on perjury charges, the state’s newly elected top law enforcement official on Friday appointed an ethics reform expert as the office’s first-ever chief integrity officer.

  • January 6, 2017

    2 Law Firms Ring In The New Year With Associate Raises

    Philadelphia-based Blank Rome LLP is set to join the ranks of law firms that pay associates $180,000-a-year base salaries, the firm confirmed Friday, while California litigation boutique Dovel & Luner LLP has upped its game with $200,000 salaries for first-year associates.

  • January 6, 2017

    J&J Settles Latest Risperdal Case Before Trial

    Ahead of a trial that was scheduled to get underway in Philadelphia beginning on Monday, a Johnson & Johnson unit has agreed to settle a lawsuit alleging that a New York boy grew female breasts after being treated with the antipsychotic drug Risperdal.

  • January 6, 2017

    CMS Extends Ban On 6 States’ Ambulance, Home Health Cos.

    The Centers for Medicare and Medicaid Services on Friday again expanded a temporary ban on nonemergency ambulance suppliers and home health care agencies in six states from enrolling in Medicare and Medicaid for six months, saying the prohibition has helped fight fraud and abuse.

  • January 6, 2017

    Philly Urges Pa. Justices To Hear Soda Tax Challenge

    The Pennsylvania Supreme Court was urged in a petition Friday to assume special jurisdiction over a pending appeal following the dismissal of a lawsuit challenging the city of Philadelphia’s new tax on sugar-sweetened drinks and diet soda.

  • January 6, 2017

    Pa. Judge Won't Ax $13.7M Pelvic Mesh Award

    A Pennsylvania state judge has rejected a Johnson & Johnson unit’s bid to strike down a $13.7 million verdict won by a woman who claimed that she suffered irreversible injuries from a pelvic mesh implant.

  • January 6, 2017

    5 Insights From General Electric's Alex Dimitrief

    “Data sovereignty” is a recent trend with important consequences for GE’s future as a digital industrial company. The technical challenges alone are immense. But compounding those challenges are the growing number of countries considering laws that would impede the flow of data across national borders, says Alex Dimitrief, general counsel of General Electric Co.

Expert Analysis

  • State AGs May Turn Up Enforcement Under Trump

    Joseph W. Jacquot

    With the incoming Trump administration, regulatory and enforcement priorities will likely change, but if federal agencies scale back their consumer protection efforts, attorneys general can be expected to pick up the slack, says Joseph W. Jacquot of Foley & Lardner LLP.

  • Building Momentum For The Pay Equity Movement In BigLaw

    Stephanie A. Scharf

    A decade’s worth of multiple bar association initiatives, conferences, corporate law summits, detailed research reports and opinion pieces on the pay gap has seemingly fallen on the deaf ears of BigLaw. However, recent events presage substantial movement toward pay equity in law firms, say Stephanie Scharf of Scharf Banks Marmor LLC, Michele Coleman Mayes, general counsel for the New York Public Library, and Wendi Lazar of Outten & Golden LLP.

  • Are You Prepared For A 'Post-Fact' Jury?

    Ross Laguzza

    The media has been full of stories lately about the death of facts and the rise of “fake news.” It is reasonable to wonder if people sitting on juries will be able to function appropriately in this post-fact world, says Ross Laguzza of R&D Strategic Solutions LLC.

  • Keeping Pro Se Litigants At Bay

    Michael Walden

    Pro se litigation can be a time-consuming cost of doing business, particularly for large, well-known companies. Though pro se cases occasionally include interesting, even amusing, claims, like all litigation, they must be taken seriously. In this article, attorneys from Shook Hardy & Bacon LLP detail several practical approaches to dealing with the problems posed by pro se litigants.

  • Philly Sets Stage For More Local Workplace Legislation

    Jonathan S. Krause

    The Philadelphia City Council recently became the first legislative body of a major city to pass a law prohibiting all employers from asking prospective employees about their wage history during the application process. These actions follow a broader trend of local governments passing workplace legislation that is unlikely or more difficult to enact at the federal or state levels, says Jonathan Krause of Klehr Harrison Harvey Branzburg LLP.

  • A Trademark Year In Wine And Beer 2016: Part 5

    David Kluft

    David Kluft of Foley Hoag LLP finishes off his comprehensive review of this year's beer and wine trademark disputes with 32 more cases for you to bring up at your holiday party.

  • High Court Ruling In Jevic Likely To Be Narrow

    Cathleen C. Moore

    Although the justices’ questions at oral argument suggest that the U.S. Supreme Court may well reverse the Third Circuit ruling in Czyzewski v. Jevic — which approved a structured dismissal of a Chapter 11 case — the court seemed well aware of the far-reaching implications that a broad holding could have on Chapter 11 practice, say Cathleen Moore and James Thurman of Bradley Arant Boult Cummings LLP.

  • Are Courts In The Discovery Driver’s Seat?

    Cristin K. Traylor

    I recently asked a panel of four federal court judges whether they expect courts to start taking a more active role in e-discovery. They answered with a resounding yes. However, their responses left me wondering whether courts are actually taking a more active role in discovery since the Federal Rules of Civil Procedure amendments took effect in December 2015, says Cristin Traylor of McGuireWoods LLP.

  • Key Trade Secret Developments Of 2016: Part 1

    Randy Kahnke

    This year brought significant developments in trade secret law, the most important of which was the passage of the long-awaited federal Defend Trade Secrets Act. In the few months since the act took effect, litigants have already asserted DTSA claims in more than 75 federal cases, say attorneys with Faegre Baker Daniels LLP.

  • A Trademark Year In Wine And Beer 2016: Part 2

    David Kluft

    David Kluft of Foley Hoag LLP continues his summary of beer and wine trademark disputes from 2016, in the second part of this five-part series.