Pennsylvania

  • 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a challenge to their bid for $112.5 million in legal fees for work on multidistrict concussion litigation was based on out-of-date and inaccurate information about settlement payouts in the case.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.”

  • October 4, 2017

    Pa. Gov. Again Calls To Tax Shale Gas To End Budget Standoff

    Pennsylvania Gov. Tom Wolf reiterated calls for a severance tax on natural gas to resolve a three-month-old budget impasse Wednesday, as House Democrats failed in an effort to bring the measure to the floor of the Republican-controlled chamber.

  • October 4, 2017

    Pa. VA Hospital Hit With Infection Misdiagnosis Suit

    An ex-U.S. Marine sniper and his wife are suing a U.S. Department of Veterans Affairs hospital for negligently treating a heart infection that purportedly resulted in serious injuries, according to a suit filed in Pennsylvania federal court on Tuesday.

  • October 4, 2017

    Pa. Appeals Court To Rehear $38M Workplace Shooting Suit

    The Pennsylvania Superior Court has agreed to rethink a three-judge panel’s decision axing $38 million worth of punitive damages awarded to the families of two workers gunned down by a disgruntled colleague at a Kraft Foods Inc. plant in Philadelphia.

  • October 4, 2017

    Trump's 3rd Circ. Pick Defends Writing On Criminal Justice

    President Donald Trump’s pick for a Third Circuit vacancy defended his prosecutorial history and writings on criminal justice before a Senate panel Wednesday, including the time he pursued an ultimately failed case against a woman for the theft of $7 from a federal facility.

  • October 4, 2017

    Pa. House OKs Bill Allowing State Business Courts

    The Pennsylvania House of Representatives on Tuesday threw its near-unanimous support behind legislation that would explicitly authorize one of the state’s two intermediate appellate courts, as well as county courts, to set up commerce divisions designed to handle complex commercial litigation.

  • October 4, 2017

    Pa. Pharmacy To Pay $2.67M To Resolve FCA Allegations

    A western Pennsylvania pharmacy chain will pay the federal government $2.67 million to settle False Claims Act allegations that it submitted claims to Medicaid and Medicare while providing patients at nursing homes with unused recycled drugs, prosecutors said Wednesday, adding that two employees had been criminally charged.

  • October 3, 2017

    3rd Circ. Sinks 'Bare Metal' Defense In Asbestos Suit

    A company that makes an asbestos-free product can be held liable for asbestos-related injuries under maritime law if the manufacturer could’ve reasonably known that a part containing asbestos would be added, the Third Circuit said Tuesday, reviving claims brought by now-deceased U.S. Navy veterans against General Electric and others.

  • October 3, 2017

    Pa. Justices Won't Mull Ex-VC Worker's Liquidated Damages

    The Pennsylvania Supreme Court on Monday turned down an appeal of a decision finding a venture capital fund's former employee was entitled to liquidated damages on top of a $1.26 million award in a dispute over compensation owed under a severance agreement.

  • October 3, 2017

    'Market Makers' Manipulated Pfizer Trades, 3rd Circ. Told

    An investor who accused certain Philadelphia Stock Exchange investor groups of using a sophisticated trading strategy to deprive other investors of Pfizer Inc. dividends on Tuesday urged the Third Circuit to revive his securities class action, arguing that investors rely upon on a bona fide market, free of manipulation.

Expert Analysis

  • How Collaboration Is Changing Inside Some Law Firms

    Chris Cartrett

    In our recent survey of business of law professionals, nearly half of respondents said that who they collaborate with, inside their law firm, is different from five years ago, says Chris Cartrett of legal software provider Aderant.

  • States Vs. Uncle Sam: Federal Bonds As Unclaimed Property

    Brendan Ballard

    States are continuing to assert claims against the federal government over unredeemed federal savings bonds under their respective unclaimed property statutes. Billions of dollars are at stake, and recent decisions from the U.S. Court of Federal Claims appear to have breathed new life into the claims, say attorneys with Eversheds Sutherland.

  • The Psychology Of Hourly Fee Arrangements

    J.B. Heaton

    The range of possible and better fee agreements is wide. But such alternatives will become popular only if litigants confront the psychological tendencies shaping their existing fee arrangements, says J.B. Heaton, a partner at Bartlit Beck Herman Palenchar & Scott LLP.

  • Experts Must Investigate Materials They Rely On

    Jeffrey Klenk

    Experts are accorded wide latitude in terms of the materials they can rely upon in forming their opinions, but they must independently investigate those materials. Federal courts in New Jersey and Pennsylvania recently excluded expert testimony because the materials being relied upon had not been fully vetted, says Jeffrey Klenk of Berkeley Research Group LLC.

  • Self-Collection In E-Discovery — Risks Vs. Rewards

    Alex Khoury

    As judges become better educated about the complexities of collecting electronically stored information, in particular the inefficacy of keyword searching, they are increasingly skeptical of self-collection. And yet, for many good reasons (and a few bad ones), custodian self-collection is still prevalent in cases of all sizes and in all jurisdictions, says Alex Khoury of Balch & Bingham LLP.

  • 6 Common Lateral Partner Myths Debunked

    Dan Hatch

    It’s safe to say that while demand ebbs and flows for legal services, there will never be a shortage of opinions about lateral partner hiring, which is positive for the industry, as anything with such vital importance to careers should attract significant attention. However, there is a unique mythology that travels with the discussions, says Dan Hatch of Major Lindsey & Africa.

  • Heller Sequels And 2nd Amendment, Still Undecided: Part 3

    Robert W. Ludwig

    In the final installment of this three-part series, attorney Robert W. Ludwig concludes his deep dive into the controversial history of Second Amendment jurisprudence.

  • 4 Ways Law Firms Can Help Battle Addiction

    Link Christin

    With more than a third of lawyers showing signs of problem drinking, and untold others abusing prescription drugs and other substances, it is time for law firms to be more proactive in addressing this issue, says Link Christin, executive director of the Legal Professionals Program at Caron Treatment Centers.

  • A Law Firm Guide To Helping Victims Of Human Trafficking

    Sarah Dohoney Byrne

    Unlike victims of many crimes, human trafficking survivors often have complicated legal problems related to the experience of being trafficked — everything from criminal records to custody disputes to immigration obstacles. Many law firms already provide assistance in these areas and can easily transition resources and expertise, says Sarah Dohoney Byrne of Moore & Van Allen PLLC.

  • Clarifying A Bankrupt Employer’s WARN Act Obligations

    Robert Lewis

    The Third Circuit issued a significant decision this month in Varela v. AE Liquidation that highlighted the interplay between the Bankruptcy Code and the Worker Adjustment and Retraining Notification Act. Employers should bear in mind the Third Circuit’s warning that the “probability” test it adopted to determine if a bankrupt employer must provide 60 days’ notice of a mass layoff is an objective one, says Robert Lewis of Baker McKenzie.