Pennsylvania

  • February 14, 2017

    NFL Concussion Attys Seek $112.5M In Fees, Costs

    The two law firms leading the landmark NFL concussion litigation laid out their case for legal fees in Pennsylvania federal court on Monday, seeking $112.5 million in fees and costs for their work on the sprawling litigation over the league’s responsibility for former players' brain injuries.

  • February 14, 2017

    Pa. DEP Advances Sunoco, PennEast Natural Gas Pipelines

    Pennsylvania's Department of Environmental Protection has advanced two controversial natural gas pipeline projects, issuing permits for Sunoco Logistics' Mariner East 2 pipeline crossing much of the state on Monday and to the PennEast pipeline connecting Pennsylvania and New Jersey on Friday.

  • February 13, 2017

    Feds Urge High Court To Reject Menendez's Petition

    The government urged the U.S. Supreme Court on Monday to reject a bid by Sen. Bob Menendez, D-N.J., to get the justices to review his bid to ditch corruption charges, saying it was clear the legislator’s attempts to influence executive departments weren’t protected by law.

  • February 13, 2017

    Wendy's Should Face Data Breach Suit, Magistrate Says

    A federal magistrate judge recommended on Monday that the district court reject Wendy's bid to dismiss a class action brought by 26 financial institutions against the fast-food giant for allegedly failing to thwart a data breach, saying the plaintiffs have adequately pled negligence and deceptive trade practices claims.

  • February 13, 2017

    Philly Taxi Cos. Can Seek Review Of Uber Rates, Court Says

    A Pennsylvania appeals court said Monday it would allow a group of taxi operators to move ahead with a petition asking the Philadelphia Parking Authority to review the legal propriety of rates, including so-called "surge pricing," offered by an Uber Inc. subsidiary providing limousine service in the city.

  • February 13, 2017

    Pa. High Court To Hold Off On Philly Soda Tax Appeal

    The Pennsylvania Supreme Court won’t take 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, according to a notice filed Monday.

  • 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.

Expert Analysis

  • 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.

  • Attracting And Retaining The Millennial Lawyer

    Christopher Imperiale

    Instead of trying to change the new workforce to follow a law firm's existing processes and procedures, perhaps it's time for firms to start changing their processes and procedures to better accommodate the mentality of this next generation of lawyers, says Christopher Imperiale, a law firm adviser with Berdon LLP.

  • Trump's EPA: Be Careful What You Wish For

    Mitchell J. Klein

    Trying to prognosticate what President-elect Donald Trump will do is very difficult. But assuming he does seek to implement change at the U.S. Environmental Protection Agency, if it's perceived as backing off of environmental enforcement, private parties will step in and cases will likely be even more expensive, more problematic and more unreasonable than those brought by the EPA and the states, says Mitchell Klein of Snell & Wilmer LLP.

  • It’s Time To Change The Law Firm Business Model

    Lucia Chiocchio

    Every year, statistics reveal very little change in the number of women and minorities in the ranks of partnership. So how do law firms change this painfully slow rate of progress? It takes more than adding a diversity policy or a women’s leadership program to the current law firm business model, says Lucia Chiocchio, co-chair of Cuddy & Feder LLP's telecommunications and land use, zoning & development groups.

  • Amended Rule 37(e): 1 Year Later

    Samantha Southall

    After a full year in effect, the amended Federal Rule of Civil Procedure 37(e) has been tested in a variety of district courts. A sampling of these decisions reveals that courts seem to be adhering closely to the amended rule and ordering adverse inference instructions only where there was intent to deprive another party of access to relevant information, say Carrie Amezcua and Samantha Southall of Buchanan Ingersoll & Rooney PC.

  • Avoiding The Hidden Costs Of Bargain-Priced E-Discovery

    Michael Cousino

    Many organizations are interested in finding electronic discovery partners who offer tantalizingly low prices for electronic discovery services. However, unforeseen gaps, lax security practices, ignorance of global practices and delayed deliverables can all add up to a surprisingly large final cost, says Michael Cousino of Epiq Systems.

  • What Trump High Court Candidates Say About 1st Amendment

    Gayle C. Sproul

    As media advocates, we wondered how President-elect Donald Trump's soon-to-be-announced U.S. Supreme Court nominee might react to Trump’s vow to shred the hard-won protections now embedded in the law of libel. We found that none of the opinions from judges on his shortlist hint at any inclination to depart from these established rules, say Gayle Sproul and Max Mishkin of Levine Sullivan Koch & Schulz LLP.