Pennsylvania

  • August 10, 2017

    Pa. Justices Snub Town's 7-Eleven Franchisee Fee Tax Appeal

    The Pennsylvania Supreme Court on Wednesday refused to hear an appeal by a suburban Philadelphia municipality, agreeing that it had improperly taxed 7-Eleven Inc. after wrongly concluding that fees paid by franchisees in the state were exclusively the result of in-state, and not interstate, commerce.

  • August 10, 2017

    Pa. Justices To Again Mull 3rd-Party Subrogation Claims

    The Pennsylvania Supreme Court said Wednesday that it would consider whether an insurer had properly adhered to a 2-year-old decision governing the standards for bringing subrogation actions as it sought to recover benefits paid to a woman who was struck by a vehicle on a rental car lot.

  • August 9, 2017

    3rd Circ. Revives Retaliation Claims Against Ex-Pa. AG Kane

    A Third Circuit panel told five former high-ranking Pennsylvania law enforcement officials on Wednesday they can bring retaliation claims against former attorney general Kathleen Kane in continued fallout from a yearslong saga over grand jury leaks, alleged investigatory missteps and the scandal over lewd emails circulated on state email addresses.

  • August 9, 2017

    Pa. Court Orders New Trial In Nursing Home Suit

    A Pennsylvania appellate panel on Tuesday ordered a new trial in a long-running nursing home negligence suit that has already made a trip to the state Supreme Court, saying the patient’s estate adequately alleged that the home was understaffed so a midtrial dismissal was not appropriate.

  • August 9, 2017

    Mesh Ruling Signals Tough Road For Non-Pa. Cases In Philly

    A judge’s decision to rethink ​whether out-of-state residents can sue a Johnson & Johnson unit in Philadelphia County over allegedly defective pelvic mesh products, which follows two landmark U.S. Supreme Court rulings on similar jurisdictional questions, could signal a new normal of heightened scrutiny for non-Pennsylvania plaintiffs who have historically flocked to the forum.

  • August 9, 2017

    Vanguard Still Can't Duck Overcharge Suit But Can Appeal

    A Pennsylvania federal judge refused Tuesday to reconsider her decision not to dismiss a proposed class action accusing Vanguard of overcharging for commissions, but did give the investment company permission to appeal the decision to the Third Circuit.

  • August 9, 2017

    Pa. Justices To Mull If Consumer Law Protects Nonresidents

    The Pennsylvania Supreme Court on Tuesday agreed to determine whether the state’s consumer protection statute allows a nonresident to sue a Pennsylvania business over out-of-state transactions, after the Third Circuit asked it to decide the issue, which emerged in a federal class action suit.

  • August 9, 2017

    3rd Circ. Affirms Win For GSK In Wellbutrin Antitrust Case

    The Third Circuit ruled on Wednesday not to revive a class action lawsuit accusing GlaxoSmithKline PLC of violating antitrust laws with an alleged pay-for-delay settlement with would-be generic manufacturers for the antidepressant Wellbutrin.

  • August 9, 2017

    Cozen O'Connor Says Atty Can't Be Deposed Pre-Complaint

    Cozen O'Connor said in a filing in Pennsylvania state court Tuesday that a Delaware aviation school that has accused the firm of legal malpractice should not be allowed to depose one of its attorneys before filing a complaint.

  • August 9, 2017

    Mariner East Deal Allows Sunoco To Restart Pipeline Work

    A Pennsylvania judge on Wednesday signed off on a settlement agreement between Sunoco Pipeline LP and three environmental groups that lets the company resume drilling on stalled parts of the Mariner East 2 project while forcing it to re-evaluate the technical aspects of its work.

  • August 9, 2017

    Metals Trader Defends $20M Payment Toward Settlement

    A metals trader told a Pennsylvania federal court Tuesday there’s no reason to delay an auto salvage company’s payment toward a settlement of more than $20 million, arguing a South African metals refiner can’t halt the payment based on a judgment it won against the salvage company in a dispute over an arbitral award.

  • August 8, 2017

    L'Oreal Asks 3rd Circ. To Rethink Reviving IP Atty's Suit

    L’Oréal asked the Third Circuit on Tuesday to rehear en banc a panel’s July decision to revive a whistleblower lawsuit filed by a patent attorney in New Jersey federal court, arguing the ruling was wrong because the attorney made no claim that the cosmetic giant asked him to break the rules.

  • August 8, 2017

    Pa. Court Tosses Doc's Defamation Suit Against Assistant

    A split Pennsylvania appellate panel on Tuesday tossed a suit brought by a doctor accusing a physician's assistant of making false statements about his prescription drug use to the state medical board, saying the assistant's statements were made during judicial proceedings, which confers immunity.

  • August 8, 2017

    Pa. Trans Students Settle 'Assigned' Bathroom Rule Suit

    A Pennsylvania school district agreed Friday to drop a policy requiring transgender students to use restrooms that don’t conform with their gender identities, settling a case brought by three trans students, according to Pennsylvania federal court documents.

  • August 8, 2017

    Magic Johnson Food Co. Hits Back On Drexel’s Sanctions Bid

    A food services company connected to Earvin “Magic” Johnson on Tuesday hit back against Drexel University’s bid for sanctions in a dispute over a contract to operate the university’s dining facilities, telling a Pennsylvania federal court that contrary to the institution’s claims, it did produce documents showing how it would lose $15 million in future profits.

  • August 8, 2017

    Cozen O'Connor Further Grows Pa. Presence With Labor Pro

    Cozen O’Connor announced Tuesday that the former principal attorney in Post & Schell’s labor and employment and employee relations practice groups has joined Cozen as a member with its labor and employment department in its Harrisburg, Pennsylvania, office.

  • August 8, 2017

    Sunoco Facing Growing Pressure On Pa. Gas Pipeline

    A hearing set to begin Wednesday is the latest obstacle Sunoco Pipeline LP has faced in its battle to complete the 350-mile Mariner East 2 pipeline across Pennsylvania, and while environmentalists are unlikely to stop the project, they are gaining traction in forcing greater accountability from the company. Here’s a look at the tangled history of the project.

  • August 8, 2017

    Jacoby Donner Accused Of Cutting Off Partner

    The defunct Philadelphia-based construction firm Jacoby Donner PC was hit with a lawsuit in state court on Monday alleging that it ex-communicated a shareholder — barring him from accessing his email or key client files — after he refused to go along with a major reassignment.

  • August 8, 2017

    Pa. Judge Urged To Force Discovery In Atty Defamation Case

    A Pennsylvania state judge was urged during oral arguments on Tuesday to force Bochetto & Lentz PC attorney George Bochetto to turn over information about potentially defamatory conversations he testified to having with individuals considering potential abusive litigation claims against a Philadelphia-area lawyer facing $2 million in damages over a frivolous lawsuit.

  • August 8, 2017

    Cabot Sues Attys For $5M Over Filing Of Allegedly Barred Suit

    Cabot Oil & Gas Corp. on Monday filed a $5 million lawsuit in Pennsylvania state court against two law firms that allegedly pursued claims on behalf of a local property owner that the lawyers knew were barred by a previous settlement.

Expert Analysis

  • Valley Forge V. Upper Merion Is A Solid Win For Taxpayers

    Jeffrey Wilhelm

    The Pennsylvania Supreme Court's decision in Valley Forge v. Upper Merion this month is one of the state's most important real estate tax assessment cases to issue within the last two decades, providing taxpayers with important constitutional defenses against unscrupulous practices of taxing jurisdictions, says Jeffrey Wilhelm of Reed Smith LLP.

  • Having A Chief Privacy Officer Reassures Your Firm's Clients

    Rita Heimes

    When a law firm appoints a chief privacy officer, not only does the firm benefit from the crucial operational impact of a well-managed privacy program, but clients see how seriously you take your duties of confidentiality and competence, says Rita Heimes, research director at the International Association of Privacy Professionals.

  • Some Needed Certainty On Administrative Expense Status

    Mark Sherrill

    Debtors in bankruptcy have often used the ambiguity surrounding the meaning of the word “received” as a tool to fight against administrative expense claims. Earlier this month, the Third Circuit issued an opinion in the case of World Imports that will likely be highly influential on this matter, says Mark Sherrill of Eversheds Sutherland.

  • Weekly Column

    Innovating For Wise Juries: Discussions Before Deliberations

    Richard Lorren Jolly

    To be sure, allowing jurors to discuss evidence before final deliberations proved to be among the least popular of our recommended innovations. But empirical evidence belies these fears, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • 5 Questions Firms Should Ask When Evaluating Litigation AFA

    Gregory Lantier

    Law firm management should understand the client’s reasons for requesting an alternative fee arrangement, and whether approving the fee will help grow the relationship with the client, say attorneys with WilmerHale.

  • For Law Firm Offices, Business Savvy Is The New Cool

    Craig Braham

    Having embraced the notion that the right space can reinforce the right firm culture, law firm leaders have been evaluating real estate primarily for its physical properties. However, it's hard to be collegial, even in the coolest of in-house coffee bars, if your cost structure is untenable, says Craig Braham of Advocate Commercial Real Estate Advisors LLC.

  • Planning A Legal Career With A Future Relocation In Mind

    Jacqueline Bokser LeFebvre

    Lawyers move to New York City to work on some of the most sophisticated work the legal market has to offer. This exposure and experience is an amazing asset and many of the skills developed will make associates very marketable in the event they consider relocating to another market. However, this isn’t always the case, says Jacqueline Bokser LeFebvre of Major Lindsey & Africa.

  • 4 Female Perspectives On BigLaw Leadership

    Regina Pisa

    Only a handful of the largest U.S. law firms are led by women. Here, in their own words, are perspectives from Shook Hardy & Bacon Chair Madeleine McDonough, Crowell & Moring Chair Angela Styles, Morgan Lewis & Bockius Chair Jami Wintz McKeon and Goodwin Procter Chair Emeritus Regina Pisa.

  • The Elephant In The Room: Advancing Women To Partnership

    Anusia Gillespie

    Despite more focus and investment, the numbers continue to show little progress in advancing women to the top tiers of firm leadership. Considering the irreversible nature of the transformation of the market for top talent, it is time to start experimenting and innovating from the core, rather than from the periphery, say Anusia Gillespie and Scott Westfahl of Harvard Law School.

  • How Midsize Law Firms Can Minimize Cybersecurity Threats

    K. Stefan Chin

    It can be challenging for midsize law firms to develop an enterprise cybersecurity program that mitigates the eminent threat of data breach and meets the regulatory and compliance requirements of the firm and its clients. This challenge becomes daunting when considering the steady rise in client audits, say K. Stefan Chin of Peckar & Abramson PC and John Sweeney of Logicforce.