Pennsylvania

  • October 10, 2017

    Pa. Bar Passage Rates Rise, But Not To Previous Levels

    Pennsylvania’s bar passage rates have ticked up, with 81.2 percent of first-time applicants passing the exam in July, up from historic lows last July, the Pennsylvania Board of Law Examiners revealed.

  • October 10, 2017

    Pa. Panel Shields Insurers' Rates From Records Request

    A Pennsylvania appeals court has issued a published ruling finding that the rates paid to nursing homes by insurers participating in the state's Medicaid program could not be made public through a records request filed under the Right To Know Law.

  • October 10, 2017

    Pharma Rights Transfer Sinks Tax Deficiency, 3rd Circ. Told

    Hygrosol Pharmaceutical Corp.'s co-founder on Tuesday urged a Third Circuit panel to vacate a $5.8 million federal tax debt imposed on him after the IRS found he wrongly wrote off royalties on technology he developed as capital gains instead of ordinary income, arguing that he no longer owned the technology since he’d signed away the rights to it.

  • October 10, 2017

    Pa. Enviros Challenge Williams' $1.9B Pipeline Project

    Two Pennsylvania environmental groups on Monday filed a challenge before the state’s Environmental Hearing Board to permits issued for Williams Partners LP’s $1.9 billion Atlantic Sunrise natural gas pipeline, almost a month after the company broke ground on the project.

  • October 6, 2017

    3rd Circ. Revives Disability Suit Against Theater Chain

    The Third Circuit on Friday revived a lawsuit accusing a movie theater chain of refusing to provide tactile interpreters for a deaf-blind moviegoer, finding that entertainment venues must supply such auxiliary aids and services under the Americans with Disabilities Act to make the content of the performances accessible to disabled patrons.

  • October 6, 2017

    Juror Bias Claim Can’t Flip Hospital’s Med Mal Trial Win

    A Pennsylvania appellate panel on Friday affirmed a jury’s decision to clear a hospital of negligently administering to an emergency room patient a drug that purportedly caused tissue and nerve damage, saying a juror’s alleged financial ties to the hospital didn’t warrant overturning the verdict.

  • October 6, 2017

    Pharma Employee Admits To Health Care Benefits Fraud

    A pharmaceutical sales representative pled guilty Friday in New Jersey federal court to cheating the state health benefits program out of more than $700,000 through a scheme to submit claims for medically unnecessary prescriptions, making him the 10th person of the alleged conspiracy to plead out this year.

  • October 6, 2017

    Generic Cos. Say Mass. Ruling Foils 3rd Circ. Eye Drop Case

    Three generic-drug makers including Sandoz Inc. told the Third Circuit on Friday that a recent Massachusetts federal court ruling bolsters their preemption defense to a suit alleging the drugmakers boosted prescription eye drop sales by using bottles that dispensed bigger-than-needed drops.

  • October 6, 2017

    Ex-Wells Fargo Workers Seek Toss Of Client Poaching Suit

    A group of ex-Wells Fargo Insurance Services employees asked a Pennsylvania federal judge Thursday to dismiss their former employer’s suit claiming they breached an agreement not to solicit Wells Fargo clients, saying the agreement is too broad and Wells Fargo is leaving the commercial insurance business anyway.

  • October 6, 2017

    Insurer Must Cover Autism Services In School: Pa. Justices

    The Pennsylvania Supreme Court found Thursday that Independence Blue Cross must cover in-school services for patients on the autism spectrum under the state’s Autism Coverage Law.

  • October 6, 2017

    Pa. Gov. To Sign 'Right To Try' Unapproved Drugs Bill

    Pennsylvania Gov. Tom Wolf will sign a measure, which cleared the state's General Assembly this week, that would allow patients with terminal illnesses to use drugs that have not been approved for use by the U.S. Food and Drug Administration, a spokesman said Friday.

  • October 6, 2017

    Aetna Suit Over HIV Drug Disclosures Lands In Pa.

    A California policyholder’s proposed class action against Aetna Inc. landed in Pennsylvania federal court Thursday, where it joined the first action to be filed over the exposure of confidential HIV-related information through a window on envelopes mailed to roughly 12,000 individuals.

  • October 5, 2017

    Jilted Pa. Medical Marijuana Bidder Drops License Challenge

    A company claiming it lost out on a lucrative medical marijuana growing and processing permit after a rival failed to tell Pennsylvania regulators about a criminal probe it was facing agreed Wednesday to drop a lawsuit challenging the state’s decision in the bidding process.

  • October 5, 2017

    Sunoco Loses Redo Bid At 3rd Circ. Over Rewards Program

    The Third Circuit on Wednesday rejected Sunoco Inc.’s bid for review of the court’s split decision refusing to allow the fuel giant to force arbitration in a credit card customer’s proposed class action over an allegedly broken promise for rewards at gas stations.

  • October 5, 2017

    Ex-Bookkeeper Stole $1.6M From NJ Co. Via PayPal, Feds Say

    Pennsylvania federal prosecutors Thursday filed an indictment charging a Philadelphia man with using PayPal to embezzle $1.6 million from his former employer, a New Jersey company that sells products for the cellular phone industry.

  • October 5, 2017

    Pa. Judge Urged To Ax Fee Objection In NFL Concussion Case

    Attorneys for a class of ex-NFL players told a Pennsylvania federal judge on Wednesday that a challenge to their bid for $112.5 million in legal fees for work on multidistrict concussion litigation was based on out-of-date and inaccurate information about settlement payouts in the case.

  • October 5, 2017

    Ex-Pa. AG Kane Escapes Former Deputy's Slander Suit

    Former Pennsylvania Attorney General Kathleen Kane on Thursday escaped a former deputy’s lawsuit accusing her of smearing his reputation by exposing his name in a leak of sealed grand jury evidence, after a Pennsylvania state judge found that the suit was served too late.

  • October 5, 2017

    No 'Fairness' Exception To Tax Law, Pa. Appeals Court Says

    A company that negotiates shipping rates with freight carriers can’t get business tax deductions based on customer payments it passes through to the carriers, a Pennsylvania appellate court ruled Thursday, finding that a trial court shouldn’t have made an exception to local law based on “fairness.” 

  • October 5, 2017

    Navient Hit With Suit Over 'Deceptive' Student Loan Practices

    Pennsylvania's attorney general Thursday accused Navient Corp., the nation’s largest servicer of student loans, of unscrupulous conduct in both originating private student loans and servicing private and federal loans.

  • October 5, 2017

    Del. Defends ‘Tortured’ Statute Reading In Ozone Reg Fight

    The state of Delaware kicked off oral arguments contesting the EPA’s decision to grant its neighbor states an extension on ozone regulations with contentions of the extension’s impacts on Thursday, only for the D.C. Circuit panel to quickly steer the conversation to a statutory interpretation one judge called “tortured.”

Expert Analysis

  • Valley Forge Quashes School Districts' Reverse Appeals

    John Summers

    In Valley Forge v. Upper Merion, the Pennsylvania Supreme Court held two months ago that school districts' policies and practices related to filing reverse real estate tax assessment appeals violate the state's uniformity clause. Trial courts will now have to apply this decision to scores of districts' reverse appeals, say attorneys with Hangley Aronchick Segal Pudlin Schiller.

  • 'Per-Doc' Pricing Can Improve Document Review

    file folder

    Imagine going to a restaurant and ordering your steak medium-rare. The steak arrives burned. You expect the kitchen to bring you another one properly done, right? And you don’t expect to pay for two steaks, do you? Paying a vendor for document review should be no different, says Lisa Prowse, an attorney and vice president at e-discovery firm BIA Inc.

  • Opinion

    We Must Protect Consumers From Illegal Debt Collectors

    Maura Healey

    Companies are allowed to collect the money they are owed, but they cannot break the law or cheat people in the process. Some of the biggest players in the debt collection industry are not focused on getting it right, says Massachusetts Attorney General Maura Healey.

  • Implicit Bias' Questionable Role In Employment Litigation

    James McDonald Jr.

    Implicit bias has enjoyed a sustained focus of research and analysis in academia, and it is an increasingly popular topic of discussion among employment lawyers. However, whether implicit bias as a concept has any usefulness in employment discrimination litigation is not at all clear, says James McDonald Jr. of Fisher Phillips.

  • Are Opioids The New Tobacco?

    Richard Scruggs

    Is the rising spate of opioid litigation comparable to the litigation that led to the mega-billion dollar settlement with Big Tobacco? According to ex-trial lawyer Richard Scruggs, who helped engineer the $248 billion tobacco settlement in the 1990s, the answer is "sort of."

  • A Guide To The Executive Branch Official Nomination Process

    Adam Raviv

    Although the Trump administration has completed the vetting and confirmation of a cabinet and White House staff, thousands of senior positions remain unfilled throughout the executive branch. More than ever, people selected for those posts find themselves under close scrutiny, say Adam Raviv and Reginald Brown of WilmerHale.

  • Courts Focus On Insurance Policy Language, Not Case Law

    Syed Ahmad

    A Pennsylvania appeals court's decision in Century v. OneBeacon this month found that OneBeacon owed reinsurance coverage to two insurers for asbestos claims. This decision is the latest in a line of rulings that examines each contract based on its unique terms and rejects reinsurers' prior case law arguments, say attorneys with Hunton & Williams LLP.

  • Potential Perils Of Employer Parental Leave Policies

    Debra Friedman

    In recent years, more and more private companies have been adopting parental benefit policies. However, as demonstrated by the U.S. Equal Employment Opportunity Commission's recent suit against Estée Lauder, the agency is focusing on alleged disparities in employers’ parental benefit policies, and good intentions can lead to unintended consequences, says Debra Friedman of Cozen O'Connor.

  • 2 Cases Clarify Dodd-Frank Whistleblower Protections

    Harini Srinivasan

    Recent decisions in Reyher v. Grant Thornton and Boyle v. Evolve Bank indicate that courts are not persuaded by whistleblowers' arguments that defendants or their publicly traded clients are generally covered by the Dodd-Frank Act, says Harini Srinivasan of Katz Marshall & Banks LLP.

  • The Environmental Impact Of Hurricanes: From Sandy To Irma

    Robert Horkovich

    Five years ago, John Nevius of Anderson Kill PC wrote a Law360 article addressing the risks that followed in the wake of Hurricane Sandy. Today, those tasked with assessing and mitigating the enormous destruction wrought by Harvey and Irma will benefit from the late Nevius' analysis, which his colleague Robert Horkovich discusses in this update.