Pennsylvania

  • 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.

  • April 12, 2017

    Pfizer Can't Shake Off-Label Marketing FCA Suit

    A Pennsylvania federal judge on Wednesday denied Pfizer Inc.’s bid to dismiss a False Claims Act suit alleging the company pushed illegal off-label use of its anti-fungal medication Vfend, ruling the suit was not filed too late.

  • April 12, 2017

    3rd Circ. Revives Ex-Vanguard Atty's Dodd-Frank Claim

    The Third Circuit partially revived on Wednesday a wrongful termination suit brought by a former in-house tax attorney for Vanguard Group Inc. who tried to blow the whistle on alleged violations of corporate and tax laws, finding that a ruling in the attorney’s state court suit doesn’t preclude him from pursuing a Dodd-Frank claim in federal court.

  • April 12, 2017

    McDonald's Pittsburgh Store Buy Wasn't Legal, Judge Says

    A Pennsylvania magistrate judge on Wednesday ruled McDonald's Corp. breached a lease agreement with a landlord who owned the property where one of its restaurants is located, finding the fast-food chain hadn’t legally exercised an option to buy the property.

  • April 12, 2017

    Pa. Atty Slams UPMC Suit As Bid to Steamroll His Practice

    A western Pennsylvania attorney told a state judge on Tuesday that the University of Pittsburgh Medical Center was trying to “steamroll” his practice through accusations that he was improperly pressuring patients to join a potential lawsuit over allegedly needless neurosurgical procedures.

  • April 12, 2017

    Investors File Suit To Block $127.7M Pa. Bank Merger

    A putative class of investors hit Royal Bancshares of Pennsylvania Inc., its current top executives and Bryn Mawr Bank Corp. with a suit in Pennsylvania federal court on Tuesday to block a proposed $127.7 million merger, claiming that they weren’t given a complete picture of the proposed transaction.

  • April 12, 2017

    Pa. Appeals Court Allows Negligence Defense In Injury Row

    A Pennsylvania appeals court on Tuesday found that recent precedent reshaping state products liability law did not prevent a company from presenting evidence about compliance with industry standards to fight claims from a worker whose foot was run over by an allegedly defective caster.

  • April 12, 2017

    Pa. PUC To Appeal Ruling Limiting Gas Well Fees

    The Pennsylvania Public Utilities Commission said Tuesday it would appeal a recent court decision finding that natural gas wells that produce under a certain threshold for one month out of the year can skirt paying impact fees, noting the ruling could cost the state $16 million this year alone.

Expert Analysis

  • 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.

  • Law Schools And Law Firms: Seeking Common Ground

    Randy Gordon

    What we don’t know is whether the teaching and practice of law are undergoing massive structural changes or we’re still digging out from the worst economic collapse since the Depression. But what we do know is that the missions of the most forward-looking law schools and law firms are converging in ways that were unimaginable 10 years ago, says Randy Gordon, a partner at Gardere Wynne Sewell LLP and executive professor of law at Te... (continued)

  • Not From Around Here? Trying A Case As An Out-Of-Towner

    William Oxley

    The importance of authenticity is magnified when trying a case outside your home jurisdiction. While using references to local landmarks or history can help make arguments relatable, adopting local expressions or style in an attempt to ingratiate oneself with the judge and jury almost always backfires, say William Oxley and Meghan Rohling Kelly of Dechert LLP.

  • Where To Sue For Data Misappropriation

    Richard M. Reice

    Determining where a company’s data is stored for purposes of venue is a relatively new issue not resolved in current case law. Traditionally, courts have focused on the location of the relevant server. But in this age of the cloud, with multiple and redundant servers enhancing access and security, we argue that the place where data is managed and controlled is the proper venue, says Richard Reice of Hoguet Newman Regal & Kenney LLP.

  • Rare Appellate Ruling On Indirect Purchaser Class Action

    Stefan M. Meisner

    The Third Circuit's recent ruling in Class 8 Transmission Indirect Purchaser Antitrust Litigation — agreeing with the district court’s denial of class certification — gives insights into the intricate legal and economic issues that indirect purchaser plaintiffs and defendants must grapple with when litigating the class certification issue, say Stefan Meisner and Ashley McMahon of McDermott Will & Emery LLP.

  • How The Most Profitable Law Firms Structure Their C-Suites

    Anita Turner

    The most successful Am Law 200 law firms have evolved from being partner-run to being run by a group of highly skilled professionals reporting to firm shareholders. The data collected from our recent survey indicates this model is generally conducive to increased profitability, says Anita Turner, senior director at Colliers International.

  • Settlement Strategy: What Does The Client Really Want?

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    The best outside counsel think like the client. That includes understanding the client’s perspectives and goals with regard to reaching a settlement — because “good results” mean different things for different clients. Outside counsel must ask themselves the right questions, and know the answers, to shape a client-focused settlement strategy, say Kate Jackson of Cummins Inc. and Patrick Reilly of Faegre Baker Daniels LLP.

  • What ACA Repeal Means For The Future Of Medicaid

    Miranda A. Franco

    Republican party leaders have long said they believe Medicaid is fiscally unsustainable and a spending cap is necessary to fix its finances. The American Health Care Act, introduced by Republican House leadership last week, finally puts those ambitions into official legislative language, says Miranda Franco of Holland & Knight LLP.