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Pennsylvania

  • August 10, 2018

    Pa. Drilling Law Case Could Set New Enviro Rights Standards

    Questions over the proper application of Pennsylvania's Environmental Rights Amendment have abounded since the state's high court breathed new life into the provision last year, but attorneys say a recent order for reconsideration of a decision affirming a drilling-friendly municipal zoning ordinance could set clear new standards.

  • August 9, 2018

    Man In Tribal-Linked Payday Lending Scheme Gets 3 Years

    A Pennsylvania man was sentenced to more than three years in prison and ordered to pay about $10 million after providing payday loans at illegally high interest rates and using an Indian tribe to get around the law, prosecutors said.

  • August 9, 2018

    Midtrial Toss Of Pa. Patient’s Acid Spill Suit Affirmed

    A Pennsylvania appeals court on Thursday upheld a trial judge’s decision to grant a midtrial win to a physician's assistant accused of negligently spilling acid on a child during a skin procedure, rejecting the patient’s argument that medical expert testimony was unnecessary.

  • August 9, 2018

    Pa. Justices Won’t Hear $8M Asbestos Reinsurance Dispute

    Pennsylvania’s Supreme Court declined to take up a case over reinsurance coverage on asbestos claims, letting a trial court’s nearly $8 million judgment against OneBeacon Insurance Co. stand.

  • August 9, 2018

    Proxy Marriage, Stepson Can Keep Immigrant In US: 3rd Circ.

    An undocumented Ecuadorean immigrant can claim his American-born stepchild as a reason to stay in the U.S. even though he was officially married to the boy’s mother in a proxy ceremony when the bride and groom were in separate countries, the Third Circuit ruled Wednesday.

  • August 9, 2018

    Comcast Gets PTAB Nix Of TiVo's Programming Guide Patent

    The Patent Trial and Appeal Board invalidated as obvious an on-screen TV programming guide patent held by a TiVo Corp. subsidiary, handing a victory to Comcast Corp. in a wide-ranging intellectual property war between the two entertainment companies.

  • August 9, 2018

    Rite Aid, Albertsons Call Off Merger Amid Investor Concern

    Rite Aid and Albertsons agreed to part ways and call off their proposed tie-up, citing mounting concern by Rite Aid investors that the offer by the private equity-backed grocery chain undervalued their shares.

  • August 9, 2018

    Ex-Pa. Rep. Fattah Wins Bribery Conviction Appeal

    The Third Circuit agreed on Thursday that the U.S. Supreme Court’s recent redefinition of federal bribery law meant that Ex-Rep. Chaka Fattah, D-Pa., should be retried on charges including allegations that he accepted gifts from a friend in exchange for attempting to secure him an ambassadorship.

  • August 8, 2018

    Bowles Rice, Title Insurer Set For Trial In $41M Contract Row

    Bowles Rice LLP is headed to trial against a longtime partner, title insurer First American, after a federal court ruled Wednesday enough facts remain disputed about the law firm's share of blame around a $41 million settlement following the rocky construction of a coal power plant, whose title First American insured.

  • August 8, 2018

    SEC Told Proposed Broker Standards Fall Short

    Financial professionals, investor groups and 17 attorneys general asked the U.S. Securities and Exchange Commission to clarify and strengthen its proposal to require brokers to prioritize their clients over themselves, according to public comments submitted before an Aug. 7 deadline.

  • August 8, 2018

    Montgomery McCracken Snags 4 Buchanan Attys For IP Unit

    The Philadelphia office of Montgomery McCracken Walker & Rhoads LLP says it has added a powerful intellectual property team that includes a pair of LGBT “trailblazers” with four hires from Buchanan Ingersoll & Rooney PC.

  • August 8, 2018

    Wawa Sued By Ex-Employees Over Forced Stock Sales

    Wawa Inc. was hit with a proposed class action Wednesday alleging that changes it made to an employee stock program forced retirees to prematurely sell off the company shares they owned and that the convenience store chain underpaid them for those shares in violation of the Employee Retirement Income Security Act.

  • August 8, 2018

    J&J Urges Pa. Appeals Court To Undo $2.5M Risperdal Verdict

    A Johnson & Johnson unit pushed a Pennsylvania appeals court on Wednesday to jettison a $2.5 million verdict on grounds that a trial judge improperly barred it from using a scientific article to challenge an expert’s opinion that the antipsychotic drug Risperdal caused an adolescent boy to grow breasts.

  • August 8, 2018

    Immigration Judges File Grievance Over DOJ's Case Transfers

    The union representing America’s immigration judges accused the Department of Justice on Wednesday of violating principles of judicial independence when it allegedly pressured a Philadelphia judge to either close a missing juvenile immigrant’s case or deport him and then reassigned the case and dozens of others to different judges.

  • August 8, 2018

    NJ Woman's Mesh Case Doesn't Belong In Pa., Ethicon Says

    Pennsylvania courts should not have been allowed to retain jurisdiction over a case involving injuries that a New Jersey woman suffered after having an implant of an allegedly defective mesh product manufactured by Johnson & Johnson subsidiary Ethicon Inc., a state appeals court heard during oral arguments on Wednesday.

  • August 8, 2018

    Lenders In $25B EFH Loan Row Get No Priority, 3rd Circ. Says

    The Third Circuit on Tuesday found Marathon Asset Management LP and several Polygon Global Partners funds do not have a priority claim on the $1.25 billion remainder of a $24.5 billion loan in the Energy Future Holdings Corp. bankruptcy.

  • August 8, 2018

    Wells Fargo Must Face Pa. Wiretap Suit Over Recorded Calls

    A Pennsylvania federal judge ruled there was enough support to advance a Pittsburgh-area man’s allegations that Wells Fargo Bank invaded his privacy with debt-collection calls and violated the state’s wiretap laws by recording the conversations even after he had denied his consent.

  • August 7, 2018

    JP Morgan Can't Duck FINRA Arbitration, 3rd Circ. Says

    A Third Circuit panel ruled Tuesday that J.P. Morgan Securities must arbitrate a Pennsylvania health system’s claims over several pre-2008 auction rate securities offerings, finding the system hadn’t waived its right to arbitration before the Financial Industry Regulatory Authority by signing on to agreements with clauses pegging New York’s Southern District as the forum for any disputes.

  • August 7, 2018

    Biz Is Debt Collector Like Popeye's A Sailor, 3rd Circ. Says

    The Third Circuit said Tuesday that a Pennsylvania federal court properly found that a business met the “principal purpose” definition of a debt collector under the Fair Debt Collection Practices Act in ruling that the business violated that statute, likening the company’s status to the cartoon character Popeye being a sailor.

  • August 7, 2018

    State PUCs Tell FCC Unbundling Could Concentrate Power

    State utility regulators recently pushed back against an industry group’s proposal that the Federal Communications Commission free legacy wireline companies from rules that require them to share their telephone networks with competitors at capped rates.

Expert Analysis

  • Online Pharmaceuticals – But Not Much Online Liability

    James Beck

    Online sales platforms are allowing a plethora of over-the-counter medications to be sold by a myriad of manufacturers. This can lead to situations where product liability plaintiffs are left with nobody to sue. It is not surprising to see plaintiffs attempt to sue online marketplaces; but for, now the law is not letting them get away with it, says James Beck of Reed Smith LLP.

  • Modern Communication Brings E-Discovery Challenges

    Thomas Bonk

    As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.

  • Series

    Cities In Distress: Michigan's Emergency Mgr. Law And Flint

    Eric Scorsone

    Michigan has taken a very aggressive approach to addressing municipal fiscal insolvency. But the state's emergency manager law fails to consider the unintended consequences of short-term financial adjustments, as seen in the case of Flint, say Eric Scorsone and Samantha Zinnes of Michigan State University.

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.

  • Asbestos Transparency Laws Can Stop Double Recovery

    Scott Hunsaker

    Some asbestos plaintiffs have obtained full recovery from viable defendants and simultaneously, or later, recovered more money for the same injury from asbestos bankruptcy trusts established by those same entities. Recognizing this problem, more and more states are turning to asbestos transparency laws as a solution, say Scott Hunsaker and Karl Borgsmiller of Tucker Ellis LLP.

  • Series

    Cities In Distress: Are There True Alternatives To Ch. 9?

    Lawrence Larose

    Some distressed municipalities — including Atlantic City, New Jersey, and Hartford, Connecticut — have recently restructured outside of Chapter 9, through legislation and negotiations. But such fixes are intensely political in nature and are entirely dependent on the will of government officials, say Lawrence Larose and Samuel Kohn of Norton Rose Fulbright.

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.

  • Get Ready For Digital Health Product Liability Cases

    Raymond Williams

    As we experience more collaborations among digital health startups, app software designers, artificial intelligence firms and drug and medical device companies, manufacturers should be cognizant that digital health products may require a more nuanced approach to product liability law, say Raymond Williams and Jae Kim of DLA Piper.

  • Series

    Cities In Distress: A Tale Of 3 California Bankruptcies

    Karol Denniston

    The Chapter 9 bankruptcies of Vallejo, San Bernardino and Stockton have left a legacy of challenges facing California municipalities that seek to restructure their obligations. These cases show that a comprehensive restructuring remains illusory because restructuring pension obligations is legally complicated and politically sensitive, says Karol Denniston of Squire Patton Boggs LLP.

  • 3 Top E-Discovery Case Law Lessons Of 2018 (So Far)

    Casey Sullivan

    The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.