Pennsylvania

  • March 16, 2017

    3rd Circ. Judge Halts Deportation Of Afghani Who Aided U.S.

    A man from Afghanistan who once provided aid to U.S. armed forces and saw his visa canceled after arriving in the United States will not be deported after a Third Circuit judge on Thursday granted an 11th-hour order allowing him to stay in the country while immigration activists fight his removal.

  • March 16, 2017

    Pa. Judge OKs Assets Plan In $34M ERISA Suit Against Atty

    A Pennsylvania federal judge on Wednesday accepted a U.S. Department of Labor-endorsed method of distributing the assets of employee retirement trusts in a long-running suit against a disbarred Philadelphia attorney accused of diverting $34 million from 400 plans nationwide.

  • March 16, 2017

    Pipeline Co. Can’t Sue NY Over Permit Delay, Judge Says

    A New York federal judge on Thursday ruled Constitution Pipeline Co. LLC can't challenge a state regulator's decision to hold off ruling on certain water quality permits for the company’s proposed $683 million natural gas pipeline while an appeal about another permit is pending, saying the pipeline maker hasn’t experienced an injury or imminent threat of harm as a result of the delay.

  • March 16, 2017

    Pa. Jury Urged To Reject $116M Drug Refund Fraud Charges

    A Pennsylvania jury was urged during closing arguments on Thursday to reject charges that the CEO of a drug refund company concocted a scheme to bilk customers, including the U.S. Department of Defense, out of $116 million they should have received for their unwanted medications.

  • March 16, 2017

    Pennsylvania DEP Chief Blasts Proposed EPA Cuts

    The chief of Pennsylvania’s Department of Environmental Protection ripped President Donald Trump’s proposed cuts to the U.S. Environmental Protection Agency’s budget Thursday, highlighting the elimination of funding for the Chesapeake Bay cleanup in a letter to EPA Administrator Scott Pruitt.

  • March 16, 2017

    NLRB Judge Sides With Workers In FirstEnergy Dispute

    A National Labor Relations Board judge Wednesday ordered a FirstEnergy Corp. unit to either reinstate retiree benefits or increase pay for workers at a Pennsylvania plant, finding the company violated the National Labor Relations Act by adopting benefit cutbacks included in a contract offer without implementing the pay increases meant to offset these cuts.

  • March 16, 2017

    Cephalon Settles FCA Suit Over Provigil Marketing

    Cephalon Inc. has settled a whistleblower's False Claims Act suit over the company’s alleged off-label promotion of its narcolepsy drug Provigil, according to an order filed in Pennsylvania federal court Thursday.

  • March 16, 2017

    Pittsburgh Woman Cops To Embezzling $13M From Own Co.

    A Pennsylvania woman pled guilty in federal court Wednesday to charges that she siphoned $12.97 million from her company over 16 years in one of the biggest employee embezzlement cases in state history.

  • March 16, 2017

    Female Lawyers Are Still Struggling To Land Lead MDL Roles

    While more and more female attorneys are shattering the glass ceiling and securing leadership posts in multidistrict litigation, the high-stakes, high-paying world of MDLs is still largely male-dominated, with only 16.5 percent of lead attorney roles going to women over the past five years, a new study shows.

  • March 16, 2017

    Ex. Pa. Rep Suspended From Bar Over Bilking Client Funds

    A former Pennsylvania state representative who served as a vocal critic of the natural gas industry during his time in office saw his law license suspended on Wednesday by the state’s Supreme Court for misappropriating client funds.

  • March 15, 2017

    3rd Circ. Orders Redo Of CPA's Tax Fraud Prison Sentence

    The Third Circuit on Wednesday vacated a certified public accountant's four-year prison sentence for his scheme to pocket money from bogus tax refunds he got for his clients, ruling that a New Jersey federal court failed to address a dispute over the government's tax loss calculation.

  • March 15, 2017

    Pa. E-Cig Taxation Getting Out Of Hand, Vape Dealer Says

    Pennsylvania's Department of Revenue has yanked another state vaping retailer's tax challenge into federal court, this one adding contentions of harassment to allegations that the 40 percent e-cigarette tax has been expanded beyond the law's intent to unconstitutionally include nonvape-specific components like batteries.

  • March 15, 2017

    Union Hits Mylan With 2 Generic Drug Price-Fixing Suits

    A union representing New York grocery workers launched two separate proposed class actions in Pennsylvania federal court Wednesday accusing Mylan and other drugmakers of conspiring to raise the price on two generic asthma medicines.

  • March 15, 2017

    Amtrak Ducks Suit For $1.6M Derailment Victim's Hospital Bill

    A Pennsylvania federal judge on Wednesday tossed Temple University Hospital’s bid to get Amtrak to reimburse it for $1.6 million it spent treating an injured passenger from Amtrak’s fatal May 2015 train derailment in Philadelphia, saying there’s no enforceable contract placing Amtrak on the hook for the bill.

  • March 15, 2017

    Groups Push For Permanent Delaware Watershed Frack Ban

    More than 180 groups including the Delaware Riverkeeper Network, Sierra Club, Earthjustice and Greenpeace USA submitted a letter to the Delaware River Basin Commission Wednesday calling for a permanent ban on fracking within the Delaware River Watershed, according to a news release announcing the request.

  • March 15, 2017

    J&J Wants Pa. Mesh Cases Paused For Jurisdiction Appeal

    A Johnson & Johnson unit urged a Pennsylvania state judge to pause more than a hundred pending cases from out-of-state plaintiffs over injuries allegedly caused by defective pelvic mesh products while the U.S. Supreme Court hears an appeal over jurisdictional issues.

  • March 15, 2017

    DHS Tells High Court To Uphold 3rd Circ.'s Asylum Denial

    The U.S. Department of Homeland Security has urged the Supreme Court not to review a precedential Third Circuit decision that more than two dozen Central American women and children seeking asylum must leave, saying the appeals court correctly found that the families were not unlawfully denied any constitutional rights.

  • March 15, 2017

    FCC's Pai Promises To Speed Up Innovation On Midwest Tour

    The Federal Communications Commission will begin focusing on approving new technologies more quickly, agency Chairman Ajit Pai said Wednesday as he kicked off a short tour aimed at promoting broadband development in Midwestern cities.

  • March 15, 2017

    Whistleblower Gets Partial Win In Hospital Kickback Suit

    A Pennsylvania federal judge ruled in favor of a whistleblower Wednesday, finding that two agreements between a set of doctors and a University of Pittsburgh Medical Center-owned hospital ran afoul of a federal law governing Medicare reimbursements for referrals, but she said the evidence was less clear with regard to the core relationship between the parties.

  • March 15, 2017

    Gas Co. Wants Enviros Kept Out Of Pa. Fracking Waste Case

    Seneca Resources Corp. has told the Third Circuit that three environmentally minded groups attempting to intervene in a dispute over a Pennsylvania municipality’s decision to drop an ordinance preventing the company from storing fracking waste underground do not have the right to intervene because they have suffered no actual injury that would involve them in the case.

Expert Analysis

  • How A General Counsel Should Think About AI: Part 2

    Bruce J. Heiman

    General counsels face the challenging task of understanding how companies can navigate the rules surrounding uses of artificial intelligence. To get smart on AI, general counsels must ask the right questions about areas such as human resources, intellectual property, liability and insurance, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • How A General Counsel Should Think About AI: Part 1

    Bruce J. Heiman

    Though the Trump administration has yet to make an official statement regarding artificial intelligence, support for AI is consistent with its expressed desire to promote American business. As such, general counsel will inevitably have to navigate what big data and AI mean for compliance with current and future laws and regulations, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • Saving Lawyers 1 Less Drink At A Time

    Jennifer Gibbs

    Lawyers are likely turning to alcohol to lessen stress and anxiety, to socialize, and even to sleep better. Unfortunately, many are unaware that their nightly pour could be causing or exacerbating the anxiety that is plaguing the legal profession, says Jennifer Gibbs of Zelle LLP.

  • Opinion

    Lawyers Cannot Stay Silent While Trump Belittles The Courts

    Alexandra Wald

    This is not the first time that a president has criticized the judiciary. But what is unique about President Donald Trump's attacks is that they target not just a specific decision, but the judiciary and its decision-making power altogether. Every lawyer, regardless of political persuasion, must speak up, says Alexandra Wald of Cohen & Gresser LLP.

  • Marketing Basics For Solo Practitioners And Small Law Firms

    Matthew Horn

    There is no question that solo practitioners and small law firms need to spend the majority of time on legal work, but in order to achieve sustainable growth, marketing should not be a secondary task “put-off” until you have some free time, says Matthew Horn, founder of Legal Services Link LLC.

  • Post-Spokeo, Not All Statutory Violations Are Created Equal

    John G. Papianou

    The U.S. Supreme Court’s decision in Spokeo did not provide the hoped-for clarity on whether violation of a statute is sufficient for a plaintiff to sue in federal court. As practitioners and courts still struggle with this question, two recent decisions from the Seventh and Third Circuits highlight the issue, says John Papianou of Montgomery McCracken Walker & Rhoads LLP.

  • New Data Breach Rulings — 4th Circ. Vs. 3rd Circ.

    Karin McGinnis

    On the heels of the Third Circuit’s data breach decision last month in Horizon Healthcare, the Fourth Circuit issued an opinion this week in Beck v. McDonald that weighs in on the standing debate. A few things can account for the differences between the rulings, says Karin McGinnis of Moore & Van Allen PLLC.

  • Don't Overlook Pleading Challenges In State Pharma Suits

    John DeBoy

    The U.S. Supreme Court’s Twombly and Iqbal decisions released a torrent of challenges to the sufficiency of plaintiffs’ pleadings in federal court, including in pharmaceutical product liability cases. This strategy has been less common in state courts, but it can help pharmaceutical defendants narrow the scope of litigation and educate the court on important issues, say John DeBoy and Annie Wang of Covington Burling LLP.

  • Much More Than East Texas Is At Stake In TC Heartland

    Steven Pollinger

    The U.S. Supreme Court’s grant of certiorari in TC Heartland has received a considerable amount of press regarding the potential impact on the Eastern District of Texas's ability to retain patent infringement litigation. But commentators have neglected to address how the overruling of VE Holding would, in many cases, prohibit patent holders throughout the country from filing suit in their home districts, say Steven Pollinger and Yu... (continued)

  • Law Firm Margin Improvement: The Long Game

    Jack Diggle

    For all the lessons learned since 2008, it's surprising that margin management remains so tactical, rather than an ongoing strategic endeavor, for law firms. The firms that will survive and thrive must invest in ongoing margin-improvement capability, which will combine enhanced business- and change-management skills and take a long-term view to drive out the more difficult changes, says Jack Diggle of Elevate Services Inc.