Pennsylvania

  • April 17, 2017

    Justices Won't Hear Appeal Of $76M Rare Coin Seizure

    The U.S. Supreme Court on Monday declined to hear to an appeal from an en banc Third Circuit ruling that a set of rare gold coins valued at $76 million rightfully belonged to the government and not the heirs of an antique dealer accused of conspiring to smuggle them out of the U.S. Mint more than 70 years ago.

  • April 17, 2017

    Asbestos Claimants Fight Pittsburgh Corning Ch. 11 Rethink

    Claimants in a Texas asbestos injuries case against Pittsburgh Corning Corp. told a Pennsylvania federal judge on Friday that the asbestos trust can't reopen the company's Chapter 11 case to deal with $9 billion in potential new asbestos injury claims, arguing that there is no room for reinterpretation of an earlier bankruptcy order.

  • April 17, 2017

    Justices Won't Hear 3rd Circ. Asylum Appeal

    The U.S. Supreme Court said Monday it would not take up an appeal following a Third Circuit decision finding that a group of asylum-seekers from Central America weren't denied any constitutional rights when they were ordered to leave the country.

  • April 17, 2017

    PPG CEO Says New AkzoNobel Plan Is ‘More Risky’ Than Deal

    The chief executive of Pennsylvania-based PPG Industries Inc. on Monday again urged Dutch coatings and chemicals company Akzo Nobel NV to engage in deal talks, contending its recently unveiled strategic plan is “more risky” and will “create less value” than a €22.7 billion ($24 billion) combination of the companies.

  • April 14, 2017

    Fed. Gov’t Must Cough Up $4M For Med Mal Deal, Judge Says

    A Pennsylvania federal judge ruled Friday that the federal government is on the hook for half of an $8 million settlement to resolve claims that a doctor from a federally funded health clinic and Temple University Hospital nurses botched a baby’s delivery, saying the evidence showed equal fault.

  • April 14, 2017

    3rd Circ. Backs 12-Year Sentence In Oil Investment Scheme

    The Third Circuit on Friday upheld a 12-year prison sentence for a Pennsylvania man who was accused of defrauding investors with false claims of owning more than a billion dollars worth of oil and attempting to file for bankruptcy with false petitions.

  • April 14, 2017

    Philly Atty, Ex-Broker, AML Pro, CEO Charged With $2M Fraud

    Brooklyn federal prosecutors on Friday charged a CEO of a company supposedly developing a marijuana breathalyzer, a Philadelphia attorney, a barred broker and an anti-money laundering consultant of teaming up to commit a $2 million market manipulation and launder the proceeds.

  • April 14, 2017

    3rd. Circ. Backs Dow Unit In Ex-Worker's Retaliation Suit

    The Third Circuit on Friday backed Rohm & Haas Co.’s victory over a former employee’s allegations that the Dow Chemical Co. unit retaliated against her for filing bias complaints, ruling that flaws in the company lawyer’s testimony were understandable given the time span of the litigation.

  • April 14, 2017

    Pre-Takeoff Injury Keeps Southwest Suit Grounded In Pa.

    A Pennsylvania state appeals court on Thursday revived a lawsuit by a Southwest Airlines passenger who claims that the airline is on the hook for injuries she suffered after being struck by a suitcase during the boarding process, saying that state laws apply since the plane was not flying at the time.

  • April 14, 2017

    Budget's Billing Practices Were Misleading, Consumer Says

    A woman who claims Budget Rent A Car System Inc. used misleading practices when billing her for damage to a rental car asked a Pennsylvania federal court Thursday for a quick win in her suit, arguing that Budget’s collection letters were confusing and did not match up with her rental agreement.

  • April 14, 2017

    Student Aid Wrongly Put Into Fee-Based Accounts, Suit Says

    A student payments processing company and two banks are facing a would-be class action in Pennsylvania federal court alleging they placed college students’ financial aid money into bank accounts that charged frequent fees without permission and made it difficult for students to take the funds elsewhere.

  • April 14, 2017

    Drug Co. Hires Ex-SDNY Brass To Fight $181M Forfeiture

    Drug restocking company Guaranteed Returns and two of its executives have hired Sharon Cohen Levin, a WilmerHale attorney who formerly oversaw asset recovery in the Southern District of New York for 19 years, to contest prosecutors' $181 million forfeiture attempt after their conviction.

  • April 14, 2017

    Baxter Hit With DOJ Subpoena Over Saline Shortages

    Federal antitrust prosecutors are investigating Baxter International over saline shortages, the health care company said Friday, adding attention to an issue that has already drawn questions from a state attorney general and sparked lawsuits.

  • April 14, 2017

    Judge Denies Quick Wins In Lannett CEO's Tax Penalty Suit

    A Pennsylvania federal judge found that questions remain over whether the CEO of generic-pharmaceutical company Lannett Co. willfully failed to disclose a Swiss bank account to the IRS, denying on Thursday quick wins to both sides in the CEO’s suit over an allegedly unwarranted tax penalty.

  • April 13, 2017

    Fee Disputes Cause Hiccup In NFL Concussion Settlement

    A settlement ending sprawling NFL concussion litigation has been over five years in the making, but after gaining final court approvals, overcoming several objections and opening the registration for all class members, there are still lingering issues over the allocation of attorneys' fees, as counsel for thousands of class members look to get their piece of the pie.

  • April 13, 2017

    Pa. E-Cig Shop Urges Court To Preserve Suit Over State Tax

    A Pennsylvania vape shop challenging a state tax on e-cigarettes and nonvape-specific components like batteries urged a federal court on Thursday not to dismiss its suit, arguing it has plausibly shown the state’s 40 percent tax is so extreme that it threatens to drive the shop out of business.

  • April 13, 2017

    Ex-Ballard Spahr Atty, Rendell Aide Gets Probation For Fraud

    An ex-Ballard Spahr LLP partner and onetime aide to former Pennsylvania Gov. Ed Rendell was sentenced to one year of probation on Thursday, nearly a year after he copped to a fraud charge for stealing $13,000 during his participation in an undercover investigation by the FBI.

  • April 13, 2017

    Pa. Court Affirms 7-Eleven's Franchise Fee Tax Dispute Win

    A Pennsylvania appeals court issued a published decision Thursday agreeing that a suburban Philadelphia municipality had imposed an unconstitutional tax after improperly concluding that fees paid by 7-Eleven Inc. franchisees in the state were exclusively the result of in-state, and not interstate, commerce.

  • April 13, 2017

    NFL Concussion Deal Opt-Out Suits Can Move Forward

    The Pennsylvania federal judge overseeing the multidistrict NFL concussion litigation said Wednesday the former NFL players who opted out of a settlement that ended much of the dispute should ask to file new complaints in the case.

  • April 13, 2017

    3rd Circ. Will Decide Lipitor, Effexor Pay-For-Delay Suits

    The Third Circuit on Thursday said it has jurisdiction to consider the merits of two appeals of lower court dismissals of alleged pay-for-delay litigation over the drugs Lipitor and Effexor XR, rejecting calls by the pharmaceutical companies involved in the cases to transfer them to the Federal Circuit.

Expert Analysis

  • Series

    Advocate For An Agency: Ex-FERC GC Cynthia Marlette

    Cynthia Marlette.jpg

    Cynthia Marlette, the Federal Energy Regulatory Commission's general counsel from 2001 to 2005 and from 2007 to 2009, reflects on how she addressed the job's many responsibilities, including advising the commission on laws and enforcement actions, developing policy, seeking consensus among commissioners, and overseeing defense of agency actions in court, as well as dealing with historic events like the California energy crisis.

  • 'Frontier' Issues: Pay-For-Delay And Patent Holdup

    Lesli C. Esposito

    Though the length of Acting Chairman Maureen Ohlhausen's tenure at the Federal Trade Commission remains unknown, life sciences and technology companies should prepare themselves for the changes that she has signaled regarding "frontier" areas of antitrust law including pay-for-delay and patent holdup, say Lesli Esposito and Brian Boyle of DLA Piper.

  • Jam Recipe Yields 1st DTSA Verdict

    Thomas A. Muccifori

    A federal jury in Pennsylvania recently returned the first verdict under the Defend Trade Secrets Act. Although Dalmatia’s proprietary fig spread recipes would have been protected under the Pennsylvania Uniform Trade Secrets Act, the case stands as a reminder of the powerful protections that can arise from the DTSA in the proper factual scenario, say Thomas Muccifori and Daniel DeFiglio of Archer & Greiner PC.

  • Potential Class Cert. Pitfalls Lurking In Local Rules

    Stephen R. Smerek

    Is there a deadline to move for class certification? When is the deadline? Should the parties stipulate to an extension? And, if they do, will the court grant it? Every practitioner must carefully evaluate these questions at the outset of any putative class action to develop a cohesive strategy for addressing certification issues and avoid potential risks hidden in local rules, say Stephen Smerek and Shawn Obi of Winston & Strawn LLP.

  • Are Your In-House Lawyers Happy?

    Aric Press

    What is the mood of the nation’s in-house lawyers? Aric Press — a partner at Bernero & Press LLC and former editor-in-chief of The American Lawyer — shares the findings of a recent survey of more than 800 in-house counsel.

  • Liability Of Premises Owners In The Age Of Social Media

    Douglas Pfeiffer

    When social media is used to broadcast or coordinate the details of planned and potentially criminal conduct — such as looting stores or starting fights — what legal responsibility does a premises owner have to an invitee injured by the resulting criminal action? Businesses will not be able to avoid liability by willfully ignoring social media, say Douglas Pfeiffer and Joshua Kahn of Miles & Stockbridge PC.

  • Trump's Skinny EPA Budget Could Have Far-Reaching Impacts

    Jim W. Rubin

    A review of President Donald Trump's recent budget proposal suggests that none of his goals for the U.S. Environmental Protection Agency would be well-served. In fact, the EPA, states, tribes and other federal agencies would all face serious issues in protecting human health and the environment, says Jim Rubin of Dorsey & Whitney LLP.

  • Google, NASA, Planes And A Stronger Legal Team

    Nicholas Cheolas

    Why did minor mechanical issues bring down two airplanes, while a catastrophic engine explosion did not bring down a third? The answers lie, in part, in research conducted by NASA in the wake of those crashes and, more recently, by Google. And those answers can help organizations build better teams to meet today’s legal industry challenges, says Nicholas Cheolas of Zelle LLP.

  • 10 Tips For Better Legal Negotiations

    Marc J. Siegel

    Like everything else, the art of negotiation starts by having a conversation. It’s about being respectful, finding common ground, knowing what you want and, most importantly, listening. A conversation between two lawyers can be complicated at best, but by employing a few techniques and tactics, it doesn’t have to be that way, says Marc Siegel of Siegel & Dolan Ltd.

  • Monthly Column

    Gray Matters: Decision Error

    Gray Matters

    Lawyers make hundreds of decisions during the course of advising a client, consummating a transaction or litigating a case. In this new column, dispute resolution experts Bob Creo and Selina Shultz explore the theory, science and practical aspects of how decisions are made in the legal community.