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Pennsylvania

  • June 14, 2018

    Sunoco Contractor Sues Over $300M Pipeline Contract Axing

    A contractor tapped to handle nearly $300 million worth of work on Sunoco LP's controversial Mariner East pipelines has filed suit in Pennsylvania state court, accusing the company of terminating its contract following a series of ultimately false promises that it would be allowed to move forward with construction.

  • June 14, 2018

    J&J Talc Customer Paid For Risky Product, 3rd Circ. Told

    A Johnson & Johnson customer urged the Third Circuit on Thursday to revive her putative class action over the alleged health hazard associated with the company’s talc-based baby powder, arguing she wouldn’t have purchased the product had she known it could raise her chances of getting ovarian cancer.

  • June 14, 2018

    NCAA, Villanova Say Student-Athlete's Wage Suit Still Flawed

    The National Collegiate Athletic Association and Villanova University moved to nix the remaining claims in a former student-athlete's proposed class action alleging that student-athletes should receive wages, arguing that the updated complaint didn't fix the problems with the suit.

  • June 13, 2018

    3rd Circ. Upholds Walgreens Victory In Doc's Defamation Case

    The Third Circuit upheld Wednesday a jury verdict exonerating Walgreen Co. pharmacists of defaming a doctor whose prescriptions were presented to them by customers, rejecting the physician’s arguments that a faulty jury instruction warranted a retrial and that the weight of evidence in the case was in his favor.

  • June 13, 2018

    Pa. Senate OKs Bill Proposing New State Judicial Districts

    A last-minute GOP-backed amendment to a legislative redistricting bill passed by the Pennsylvania Senate on Wednesday would allow voters to bring an end to statewide elections for members of the state's three appellate courts and instead create a new system of electoral districts for choosing judges.

  • June 13, 2018

    Pa. Justices Urged To Preserve Time Bar In Med Mal Cases

    The University of Pittsburgh Medical Center has urged Pennsylvania's highest court to affirm the constitutionality of a seven-year time bar on certain medical malpractice actions being challenged by a mother and son who underwent a failed liver transplant surgery.

  • June 13, 2018

    Fired Casino Worker's ADA Suit Tossed, FMLA Claims Survive

    A Pennsylvania federal judge has thrown out claims by a former casino employee that his firing violated the Americans with Disabilities Act and state law, but ruled that he can continue with claims that he was fired in retaliation for taking time off under the Family and Medical Leave Act.

  • June 13, 2018

    Penn State Alumnus Defends Suit Over Frat Member's Death

    A former board member and alumnus of a Pennsylvania State University fraternity suing current fraternity board members for allegedly allowing rampant illegal alcohol consumption that lead to a student's death has argued that the board members’ motion to dismiss lacks any evidence and relies on semantic technicalities.

  • June 13, 2018

    3rd Circ. Denies Sanctions Rehearing Bid By Jailed Atty

    The Third Circuit on Wednesday declined to rehear a bid by a jailed Pennsylvania attorney, also a certified accountant, to overturn sanctions imposed over his failure to return $1.68 million he transferred out of retirement funds he managed to an account in the Caribbean.

  • June 13, 2018

    Davis Polk, Wachtell Guide Comcast In $65B Cash Bid For Fox Assets

    Comcast Corp., guided by Davis Polk & Wardwell LLP and Wachtell Lipton Rosen & Katz, on Wednesday lobbed a $65.03 billion cash offer for the assets 21st Century Fox agreed to sell to California-based Walt Disney Co. last year, posing a challenge to the Walt Disney deal the day after another major vertical media merger secured antitrust approval.

  • June 13, 2018

    LLR Partners Taps Latham & Watkins For $1.2B PE Fund

    Lower middle market private equity firm LLR Partners, with help from legal adviser Latham & Watkins LLP, has clinched a $1.2 billion fund that will invest in companies within the realms of education, fintech, health care, security and software, according to a Wednesday statement.

  • June 12, 2018

    3rd Circ. Unconvinced Hertz Execs' 'Bad Tone' Indicated Fraud

    A Third Circuit panel on Tuesday pressed two pension funds to show why Hertz Global Holdings Inc.’s misrepresentations about its financial status were intentionally misleading, as they alleged in their securities fraud class action, and not merely the result of mismanagement.

  • June 12, 2018

    FCC's O'Rielly Says Apps May Justify Telecom Rule Rollback

    Federal Communications Commission member Michael O'Rielly said Tuesday the agency should consider deregulating traditional telecoms to give them a chance to compete with the rise of unregulated messaging apps like Facebook Messenger and WhatsApp or ask lawmakers to give the FCC the power to impose rules on the popular services.

  • June 12, 2018

    Jury Deadlocks In Pa. Public Defenders' Age-Bias Suit

    A Pennsylvania federal jury has deadlocked over allegations the Allegheny County Office of the Public Defender passes over older attorneys for promotions and assigns them undesirable work, resulting in a mistrial.

  • June 12, 2018

    3rd Circ. Upholds Medical Center's Win In Whistleblower Row

    The Third Circuit ruled on Tuesday that a nurse who alleged she was fired after objecting to illegal activity at Southwest Regional Medical Center in Pennsylvania was not protected by the whistleblower provisions in the Emergency Medical Treatment and Active Labor Act because she had not first made a report of the activity.

  • June 12, 2018

    Pa. Appeals Court Won't Rehear Fracking Trespass Case

    A Pennsylvania appeals court has shot down a bid from Southwestern Energy Co. for reconsideration of a decision greenlighting trespassing claims against it for allegedly tapping into natural gas trapped in rock formations beneath a property where it did not have a claim on subsurface rights.

  • June 12, 2018

    Pa. Atty Suspended After Guilty Plea In Gambling Scheme

    A Pennsylvania attorney has agreed to a suspension of his law license following a guilty plea last year on misdemeanor charges stemming from allegations that he aided a state lawmaker to support an Allegheny County illegal gambling ring.

  • June 12, 2018

    Hospital Plaza Transfer Sank PE Firm's Deal, 3rd Circ. Told

    A private equity firm on Tuesday urged the Third Circuit to revive its $5 million case against a New Jersey hospital over the firm's would-be acquisition of a medical plaza under foreclosure, arguing that an ownership transfer that sank the sale ran afoul of the purchase deal.

  • June 12, 2018

    Pa. Panel Upholds Hospital Win In Patient Death Suit

    A Pennsylvania appeals panel has upheld a hospital’s win in a malpractice trial in which the estate of a woman with fall injuries and intestinal issues alleged more should have been done to save her life, finding the trial judge was correct in withholding certain expert testimony.

  • June 12, 2018

    Bill To Pay Landowners For Fracking Ban Heads To Pa. Senate

    A Pennsylvania Senate committee gave its approval on Tuesday to a bill that would treat a proposed permanent ban on hydraulic fracturing in the Delaware River basin as an act of eminent domain entitling landowners to compensation for lost opportunities to lease their properties for drilling.

Expert Analysis

  • Lack Of Sameness Doomed INRatio Class Certification

    Michelle Hart Yeary

    Last month a federal court in California declined a second attempt to certify a class action against the makers of handheld devices used to monitor blood clotting. The case demonstrates that when key questions of law or fact affect only some members of the putative class, but not all, class certification is not sustainable, says Michelle Yeary of Dechert LLP.

  • 8 Reasons To Take A Fresh Look At Your Law Office Lease

    Tiffany Winne

    After moving into a new law office, tenants often file their signed leases away, figuring that the terms are set for a few years at least. However, leases can be very flexible instruments, and should be reviewed annually even if nothing seems amiss, says Tiffany Winne of Savills Studley Inc.

  • A General Counsel's Tips For Succeeding As A New Associate

    Jason Idilbi

    Based on his experience as a BigLaw associate for six years and now as general counsel for a tech startup, Jason Idilbi of Passport Labs offers some best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.

  • Pay Attention To The Law And The Science Of Cannabidiol

    Brett Taylor

    Many health claims have been made for cannabidiol, a substance derived from the cannabis plant. But producers and retailers of cannabidiol should understand that, while it may be permitted under some state laws, it remains illegal under federal law. They must also avoid claims of benefits that are unsubstantiated, say Brett Taylor and Amy Alderfer of Cozen O'Connor.

  • Series

    State Tax After TCJA: Treatment Of International Income

    Jeffrey Friedman

    The Tax Cuts and Jobs Act made sweeping changes to the Internal Revenue Code. Its international tax provisions — including the transition tax, the foreign-source dividends received deduction, the tax on global intangible low-taxed income and others — have far-reaching implications for state tax systems that broadly conform to the IRC, and present significant compliance burdens for taxpayers, say attorneys with Eversheds Sutherland LLP.

  • Series

    Judging A Book: Berzon Reviews 'We The Corporations'

    Judge Marsha Berzon

    My advice to prospective clerks will now include the suggestion that they read Adam Winkler's new book, "We the Corporations: How American Businesses Won Their Civil Rights," for the same reason I recommend taking a corporations course — appreciating the critical role of business corporations in American life and law, says Ninth Circuit Judge Marsha Berzon.

  • What ABA’s Position On Harassment Means For Employers

    Minjae Song

    In the #MeToo era, the American Bar Association’s recently passed Resolution 302 is a reminder of harassment policy best practices to all employers, and it should be of particular interest to employers in the legal industry, say attorneys with Hunton Andrews Kurth LLP.

  • Practical Considerations For Litigating Proportionality

    Elizabeth McGinn

    By incorporating an explicit requirement that discovery must be “proportional to the needs of the case,” the 2015 amendments to the Federal Rules of Civil Procedure garnered much speculation as to their impact on courts’ decision-making processes. Now that the rules have been implemented for over two years, several themes have emerged, say attorneys with Buckley Sandler LLP.

  • Supporting Nontraditional Data Types In E-Discovery

    Jason Paroff

    The advancement in connected technologies and software has created an explosion of nontraditional data sources that present challenges to e-discovery practitioners. Many tools and techniques used to process traditional data may not be practical for these new data types, say Jason Paroff and Sagi Sam of Epiq.

  • Post-TC Heartland Trends In The 1st Quarter Of 2018

    Christina Ji-Hye Yang

    Since the U.S. Supreme Court’s decision in TC Heartland last year, district courts have received a large volume of motions to dismiss for improper venue. We analyzed 44 recent rulings on these motions, say Christina Ji-Hye Yang and Mareesa Frederick of Finnegan Henderson Farabow Garrett & Dunner LLP.