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Pennsylvania

  • October 9, 2018

    NJ Aims To Sink Trucking Co.'s Worker Classification Suit

    New Jersey’s labor commissioner has asked a federal judge to toss a trucking company’s lawsuit alleging the state’s employee classification law led to an unfair unemployment contribution burden, or at least to put the brakes on it pending an upcoming Third Circuit ruling addressing the same preemption argument the company raised.

  • October 9, 2018

    NCAA Says Player's Wage Suit Based On Nonexistent Law

    The National Collegiate Athletic Association and Villanova University on Monday renewed their call to dismiss a proposed class action arguing that student-athletes should receive wages, saying they are facing a claim that they willfully violated a legal standard that doesn't yet exist.

  • October 9, 2018

    Pittsburgh Housing Authority Looks To Can Artist's Mural Suit

    A Pittsburgh mural artist can’t show that his work was recognized and important enough to be protected by federal law from removal for redevelopment projects, the city’s housing authority said in a filing Monday in Pennsylvania federal court.

  • October 9, 2018

    Pa. Appeals Court Approves Smoking At Off-Track Betting Hall

    A Pennsylvania appeals court on Tuesday reversed a state health regulator's conclusion that an off-track betting center outside Philadelphia must ban indoor smoking, ruling that the regulator misinterpreted state law.

  • October 9, 2018

    Justices Won’t Tackle Jurisdiction Question In Lipitor Case

    An antitrust lawsuit by a group of California pharmacies targeting a settlement between Pfizer Inc. and Ranbaxy Inc. over the anti-cholesterol drug Lipitor hit the end of the road Tuesday, with the U.S. Supreme Court declining to take up the pharmacies’ argument that their suit was improperly removed to federal court and then dismissed.

  • October 9, 2018

    Justices Won't Review Objection To Samson Resources Ch. 11

    The U.S. Supreme Court on Tuesday refused to second-guess a Third Circuit opinion affirming the dismissal of an untimely appeal of a bankruptcy court order authorizing Samson Resources Corp. to sell its interest in the oil and gas lease governing a well in Louisiana as part of the company’s Chapter 11 reorganization.

  • October 9, 2018

    Penguins Hire Pa. Mayor's Ex-Chief Of Staff As GC

    The Pittsburgh Penguins have announced the organization hired Kevin Acklin, former chief of staff and chief development officer for Pittsburgh Mayor William Peduto, as senior vice president and general counsel.

  • October 9, 2018

    Pirates' Net Installer Can't Escape Foul Ball Injury Suit

    The company that sold and installed the net behind home plate at the Pittsburgh Pirates' PNC Park was denied a way out of a patron’s injury lawsuit Tuesday, when a state judge rejected arguments that the team should have known the net would stretch and deflect.

  • October 5, 2018

    Outside Whistleblowers Key To $625M Amerisource FCA Deal

    AmerisourceBergen Corp.'s recent $625 million False Claims Act settlement stemmed in no small part from misconduct uncovered by whistleblowers outside the company, showing that anyone with glimpses of shady business practices may be able to stitch together a massive fraud case.

  • October 5, 2018

    Jury Awards Pa. Scientist $3M For Gender-Biased Firing

    A Pittsburgh federal jury on Thursday awarded a former PPG Industries Inc. scientist nearly $3 million in pay and damages, siding with her claims that her 2013 firing smacked of gender discrimination.

  • October 5, 2018

    Hospitals Won't Be Rapped For Arbitration Deals Amid OT Suit

    A Pennsylvania federal judge declined to sanction a hospital chain for getting its employees to sign arbitration agreements even as a proposed class action over unpaid overtime was pending, ruling that the hospitals were simply continuing an old policy from before the lawsuit began.

  • October 5, 2018

    Pa. Utility Investigators Seek $2M Fine In Fatal Gas Explosion

    Investigators are asking Pennsylvania’s Public Utility Commission to impose a $2 million fine on a Reading-based natural gas company for its botched response to the gas leak preceding a 2017 explosion that leveled a house, killed one worker and injured three other people.

  • October 5, 2018

    Verizon Jumped Gun By Changing Call Fees, Pa. Agency Finds

    Verizon shouldn’t have decided on its own to reduce a telecom’s fees for calls that got routed through the internet based on its own view of a Federal Communications Commission order, a Pennsylvania judge has ruled.

  • October 5, 2018

    3rd Circ. Puts Chem Co. On Hook For Past Cleanup Costs

    The Third Circuit has found that current owners of contaminated properties can be held liable for prior environmental remediation costs, handing a victory Friday to the commonwealth of Pennsylvania in its $900,000 cleanup row with a chemical company.

  • October 5, 2018

    Seau Family Settles Wrongful Death Suit Against NFL

    The family of deceased Hall of Fame linebacker Junior Seau has reached a confidential settlement with the NFL in its wrongful death suit in Pennsylvania federal court, an attorney representing the family announced Friday.

  • October 4, 2018

    Del. Chief Justice Strine Warns Of Growing Investor Unrest

    Delaware Chief Justice Leo E. Strine Jr. said Thursday that uneven post-recovery gains and the separation of individual stockholders from key decisions about the use and voting of their securities threatens to fuel broader discontent with the nation's economic system and corporate structures.

  • October 4, 2018

    3rd Circ. Won't Rehear Talc Suit That Could Move To Calif.

    The Third Circuit has declined to reconsider a California woman’s proposed federal class action alleging that Johnson & Johnson falsely advertised its baby powder as safe, and her attorneys say they now plan to move the case to state court.

  • October 4, 2018

    Ex-Morgan Lewis Client Challenges Subpoena In $30M Suit

    Towers Watson Delaware has told a Pennsylvania state court that its former firm Morgan Lewis & Bockius, which Towers Watson sued for $30 million for allegedly working against its interests, has once again attempted to subpoena privileged documents as part of the discovery process.

  • October 4, 2018

    Eckert Seamans Lures Steptoe & Johnson Hospitality Partner

    Eckert Seamans Cherin & Mellott LLC has added a new partner from Steptoe & Johnson LLP with decades of experience in hospitality law representing longtime clients including a global hotels operator, the firm has announced.

  • October 4, 2018

    Ex-Fuel Co. Exec Pleads Guilty To $4M Biodiesel Tax Scheme

    A former Keystone Biofuels Inc. executive pled guilty in Pennsylvania federal court Wednesday to a $4.1 million tax fraud conspiracy that involved seeking renewable energy tax refunds by falsely claiming to manufacture biodiesel that met the necessary standards, according to the U.S. Department of Justice.

Expert Analysis

  • Why The 3rd Circ. Allowed Removal In Encompass

    Brittany Wakim

    The Third Circuit recently ruled in Encompass v. Stone Mansions that a defendant can remove a case to federal court on the basis of diversity jurisdiction before the plaintiff formally serves the forum state defendant. This may be the first appellate decision on this issue, says Brittany Wakim of Schnader Harrison Segal & Lewis LLP.

  • Q&A

    Back To School: Widener's Rod Smolla Talks Free Speech

    Rodney Smolla

    In this new series featuring law school luminaries, Widener University Delaware Law School dean Rodney Smolla discusses teaching philosophies, his interest in First Amendment law, and arguing before the U.S. Supreme Court in Virginia v. Black.

  • New Pass-Through Deduction Will Pass Over Many Lawyers

    Evan Morgan

    A few weeks ago, the IRS proposed regulations related to the Tax Cuts and Jobs Act's 20 percent deduction on qualified business income for pass-through entities. The guidance offers long-awaited clarity, but is mostly bad news for many law firms, says Evan Morgan of Kaufman Rossin PA.

  • How Reckless Judicial Impeachments Threaten Rule Of Law

    Jan van Zyl Smit

    Judicial impeachment fever seems to be spreading through the states, with West Virginia legislators recently voting to remove their state's entire Supreme Court, and lawmakers in Pennsylvania and North Carolina threatening the same. These actions are a serious threat to judicial independence, says Jan van Zyl Smit of the Bingham Centre for the Rule of Law.

  • Series

    Judging A Book: Fogel Reviews 'Good Judgment'

    Judge Jeremy Fogel

    In this time of partisan conflict over judicial selection, a new book by Canadian jurist Robert J. Sharpe —​ "Good Judgment" — represents a refreshing, deeply thoughtful departure from binary arguments about how and why judges make decisions, says U.S. District Judge Jeremy Fogel, director of the Federal Judicial Center.

  • 10 Ways To Prevent E-Discovery Woes

    Debbie Reynolds

    E-discovery is not easy, but employing these 10 strategies may help minimize future headaches, say Debbie Reynolds and Daryl Gardner of EimerStahl Discovery Solutions LLC.

  • NJ Ruling On Same-Sex Couple Could Reignite Old Claims

    Thomas Regan

    A New Jersey appeals court’s recent decision reviving the emotional distress claims of a same-sex partner has set a precedent that could reignite previously dismissed suits involving unmarried couples in the state. Insurance companies with clients in New Jersey, and self-insureds with New Jersey exposure, may want to adjust their reserves accordingly, says Thomas Regan of LeClairRyan LLP.

  • 4 Key Components To New Firm Partnership Agreements

    Russell Shinsky

    A well-drafted partnership agreement protects a law firm's founders, establishes a process for new and outgoing partners, and sets forth guidelines for navigating conflict along the way. Startup firms can begin with something less complex, but there are important elements that every agreement should include, says Russell Shinsky of Anchin Block & Anchin LLP.

  • Opinion

    Open The Federal Courthouses

    David Oscar Markus

    Forget about cameras, reporters in the Manafort trial were not even permitted in the courtroom with their phones, tablets or computers. That meant no live reporting on Twitter and no emails to the newsrooms with updates. In a world focused on information and news as it happens, this is unacceptable, says trial attorney David Oscar Markus.

  • 5 E-Discovery Hurdles For Government Agencies

    Amy Hilbert

    Electronic discovery is a challenging process for even the most experienced law firms and corporations, but the challenges faced by government agencies may be even more daunting, says Amy Hilbert of Casepoint LLC.