Pennsylvania

  • August 4, 2017

    Latest J&J Pelvic Mesh Injury Case Kicks Off In Philly

    The latest in a slew of cases over a Johnson & Johnson unit’s allegedly defective pelvic mesh products kicked off in Pennsylvania state court Friday as a jury heard arguments that a pair of the devices had mangled a woman’s urethra and left her incontinent.

  • August 4, 2017

    Privilege Still Shields Docs In Sandusky Case, Judge Says

    A Pennsylvania state judge said Friday that attorney-client privilege continued to shield certain documents and other materials being sought by a group of media entities in the criminal cases against three ex-Penn State University administrators caught up in the Jerry Sandusky sex abuse scandal.

  • August 4, 2017

    Bracewell Wants Sanctions Against Couple In Malpractice Suit

    Bracewell LLP urged a Pennsylvania federal judge Friday to make a couple suing the firm for malpractice pay for 16 months of attorneys' fees and costs, saying they had failed to support a longstanding claim that the expense of arbitration was beyond their means.

  • August 4, 2017

    More Than 18K NFLers Register For Concussion Settlement

    More than 18,400 former National Football League players or their relatives have registered to receive settlement benefits in multidistrict litigation over brain injuries sustained by now-retired players during their NFL careers, the players’ attorney said Friday.

  • August 4, 2017

    Obstruction Of Law Not Enough For Deportation: 3rd Circ.

    A Third Circuit panel on Thursday ruled that a Mexican national’s conviction for obstructing the administration of law in Pennsylvania is not an inherently immoral crime rendering him eligible for removal, while simultaneously denying the Board of Immigration Appeals' request to remand without a decision.

  • August 4, 2017

    Dominion Unit Challenges Pa. Permit For $210M Project

    A Dominion Energy unit said Thursday in a filing with the Pennsylvania Environmental Hearing Board that permits it received to expand two compressor stations, one key to its $210 million Leidy South project, improperly subjects them to an annual leak detection and repair program.

  • August 4, 2017

    Pa. Judge Denies Watching Porn Videos In Chambers

    A Pennsylvania magistrate judge has denied watching pornographic videos in his chambers in a response to ethics charges brought last month by the state’s Judicial Conduct Board.

  • August 3, 2017

    Pa. Stand On Taxing Online Research Seen As Too Aggressive

    Pennsylvania’s revenue department announced Thursday that it considers certain online research services to be taxable, but practitioners say this position could go beyond what the state's lawmakers intended when they expanded the definition of taxable digital media last year.

  • August 3, 2017

    Pa. Town Not Liable For Town Hall Shooting, 3rd Circ. Says

    A Pennsylvania township can’t be held responsible for three deaths incurred when a shooter opened fire at a town meeting, as it didn’t cause the deaths or know the shootings would be happening, the Third Circuit ruled Thursday.

  • August 3, 2017

    Pa. Judge Won't Ax Frivolous Suit Award Collection Challenge

    A Pennsylvania state judge has refused to throw out a lawsuit accusing the Beasley Firm LLC of abusing the legal process by prematurely engaging in steps to collect on a $2.3 million verdict over frivolous civil claims purportedly pursued by Halpern & Levy PC.

  • August 3, 2017

    Chamberlain Hrdlicka Launches New Philly Office

    Chamberlain Hrdlicka White Williams & Aughtry announced on Wednesday that it was opening a new Philadelphia outpost to supplement its existing office just outside the city and accommodate the firm's expanding roster of attorneys.

  • August 3, 2017

    Payment Processor Pushes Arbitration In Student Aid Suit

    A student payments processing company has asked a Pennsylvania federal judge to compel arbitration and stay a proposed class action alleging it helped place financial aid money into bank accounts that charged frequent fees without permission and made it difficult for students to take the funds elsewhere.

  • August 3, 2017

    Pa. Court Urged To Rethink $38M Award Nix In Shooting Suit

    The families of two workers gunned down by a disgruntled colleague at a Kraft Foods plant in Philadelphia have petitioned a state appeals court for an en banc rehearing after a decision voiding a $38 million punitive damages award against a security firm found liable over the incident.

  • August 3, 2017

    Pa. Court Asked To Revive Actiq Off-Label Marketing Suit

    A Pennsylvania man on Wednesday urged the state's Superior Court to revive a lawsuit blaming Cephalon's off-label marketing of its opiate painkiller "lollipop" Actiq for his son's death, contending that his claims were not preempted by federal law.

  • August 2, 2017

    State AGs Press High Court To Take On Microsoft Warrant Row

    A bipartisan coalition of nearly three dozen state attorneys general has urged the U.S. Supreme Court to review the Second Circuit’s refusal to allow the federal government to access consumer data stored overseas by service providers such as Microsoft, arguing that the ruling is allowing businesses to unfairly dodge an obligation to cooperate in criminal probes.

  • August 2, 2017

    Merck Investors' Claims Time-Barred, 3rd Circ. Finds

    The Third Circuit Wednesday found a June U.S. Supreme Court ruling established investors’ claims that Merck & Co. Inc. misrepresented results of a clinical trial of its anti-cholesterol drug Vytorin were filed too late to bring a Securities and Exchange Act case.

  • August 2, 2017

    Pa. Judge Will Revisit Out-Of-State Cases In Mesh Mass Tort

    A Pennsylvania state court judge on Wednesday said he would weigh whether two recent U.S. Supreme Court decisions limiting the ability of trial courts to retain jurisdiction over claims from out-of-state plaintiffs affect nearly 100 cases in Philadelphia’s pelvic mesh mass tort program.

  • August 2, 2017

    Woman Can’t Show Eye Clinic Firing Was Pretextual: 3rd Circ.

    A Third Circuit panel on Tuesday declined to revive a woman’s suit alleging she was terminated from her job in Philadelphia as an ophthalmic technician as retaliation for suing over the clinic's failure to accommodate her multiple sclerosis, ruling that she failed to demonstrate the reasons for her firing were not tied to problems with her work performance unrelated to her MS.

  • August 2, 2017

    Pa. Nursery Settles Claims It Snubbed US Workers

    A Pennsylvania-based wholesale plant nursery has paid nearly $150,000 in penalties and back wages after the U.S. Department of Labor determined the company passed over qualified workers from Puerto Rico in favor of hiring foreign workers under the H-2A visa program, the agency has announced.

  • August 2, 2017

    Suspended Pa. Judge, Atty Charged With Bribery Scheme

    Prosecutors have accused a Pennsylvania judge, an attorney and a deputy constable charged with laundering drug-trafficking and health care fraud proceeds of also participating in a bribery scheme to fix a traffic ticket, and then trying to get a federal witness to change their testimony about that scheme.

Expert Analysis

  • Where AI Meets Cybersecurity And The Legal Profession

    Randy Sabett

    Artificial intelligence and machine learning will continue to be a major focus for the legal community, whether as an isolated topic, as it intersects with cybersecurity, or within the legal profession itself. Each of these raises unique concerns for attorneys, says Randy Sabett, vice chair of Cooley LLP's privacy and data protection practice group.

  • Insights From Recent Rise In Nuisance And Trespass Cases

    Carlos Romo

    Property owners are increasingly turning to common law nuisance and trespass claims for suits against neighboring industrial activities. Why has there been an upsurge in these cases? Carlos Romo of Lewis Bess Williams & Weese PC examines recent state and federal cases highlighting various legal issues associated with these types of claims.

  • No 'Real Intention To Prosecute' Means Fraudulent Joinder

    Steven Boranian

    The Eastern District of Pennsylvania recently entered a fraudulent joinder order that is worth highlighting. Fraudulent joinder is a type of forum manipulation seen all too often. The order in this case is the right result for the right reason, and the standard applied is one that courts should apply more broadly, says Steven Boranian of Reed Smith LLP.

  • Weekly Column

    Innovating For Wise Juries: Interim Arguments

    Roy Futterman

    By allowing attorneys to summarize what has just occurred in testimony and how it fits into the wider case narrative, courts can substantially improve juror comprehension through every step of a trial. Yet interim arguments are not practiced regularly, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Unstructured Data Is Just The Tip Of The Iceberg

    David Turner

    Recent amendments to the Rules of Civil Procedure mean issues like spoliation, sanctions and adverse impacts are focus areas for many attorneys, providers and clients. David Turner of FTI Consulting Inc. discusses the technological best practices regarding preservation and proportionality, as well as the challenges associated with clients' structured data.

  • 5 Questions To Ask Firm Before Accepting A Litigation AFA

    Gregory Lantier

    Outside counsel experienced with alternative fee arrangements will have many war stories regarding successful — and less successful — fee arrangements. Asking outside counsel to share these experiences can provide useful insight into the strength of a proposed AFA, say attorneys with WilmerHale.

  • Opinion

    Why You Should Argue Your Appeal

    Stewart Milch

    Conventional wisdom says that oral argument is a mere formality; that in courts where judges read briefs in advance, their minds are made up and will rarely — if ever — change. But conventional wisdom notwithstanding, oral argument can be critical, says Stewart Milch of Goldberg Segalla LLP.

  • 6 Ways Teaching A Law School Class Can Benefit Lawyers

    Steven Allison

    Though teaching a law school class may be one of the last things on a busy practitioner's to-do list, it's a misconception that teaching will benefit only those who are looking to leave the practice of law and enter academia. It also offers several practical benefits, especially for more junior lawyers looking for stand-up experience, say Steven Allison and Samrah Mahmoud of Crowell & Moring LLP.

  • Monthly Column

    Congressional Forecast: July

    Richard Hertling

    July is looking increasingly important to the Republican agenda. And Democrats are likely to double down on their heretofore unwavering opposition, especially in the Senate, to that agenda in the hope of sending Republicans home without any significant accomplishments — aside from the confirmation of Justice Neil Gorsuch — for the August recess, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • The Potential Reach Of High Court's New Slant On Trademarks

    Roberta Jacobs-Meadway

    The U.S. Supreme Court's Matal v. Tam decision resolves the question of whether disparaging marks may be registered, and sparks a secondary question: What is the impact on state trademark statutes and corporate filing requirements with provisions that curb registration of disparaging or scandalous or tarnishing terms? say Roberta Jacobs-Meadway and Tyler Harttraft of Eckert Seamans Cherin & Mellott LLC.