Pennsylvania

  • March 14, 2017

    Vendors Can Intervene To Shield IP In Pa. Shell Permit Row

    A Pennsylvania judge has set legal precedent after ruling that an interest in protecting confidential business information allowed a group of vendors to intervene in a dispute over air permits issued for a $2 billion ethane gas complex under development by a Royal Dutch Shell PLC unit.

  • March 14, 2017

    FTC Fights Impax Bid For Fees In Pay-For-Delay Case

    The Federal Trade Commission has argued it cannot be placed on the hook for legal fees and litigation costs after voluntarily dismissing a pay-for-delay suit in Pennsylvania federal court against Impax Laboratories and others over generic versions of an extended-release opioid.

  • March 14, 2017

    Kohl's, Service Provider Settle In Customer Class Action

    Kohl's Corp. has agreed to dismiss a third-party complaint it brought against a contractor who handled services related to the retailer’s credit cards in a putative class action brought by cardholders who claimed Kohl’s forced customers into frivolous payment protection and credit monitoring programs.

  • March 13, 2017

    Internet Giants Back Google's Overseas-Data Warrant Fight

    A host of internet and technology giants including Yahoo Inc., Microsoft Corp. and Apple Inc. have thrown their support behind Google Inc. as it fights a Pennsylvania magistratical order to comply with search warrants in two criminal investigations by turning over data stored on overseas servers.

  • March 13, 2017

    Insurer Needn't Cover Bridge Engineer's Fees, Pa. Court Says

    A Pennsylvania appeals court on Monday affirmed that Widmer Engineering Inc. can't recover payments allegedly owed by a general contractor on a bridge replacement project under a bond issued by Penn National Insurance, holding that the engineering firm's services don't constitute "labor" covered by the bond.

  • March 13, 2017

    Pa. Sens. To Keep Cooperating On Federal Bench Nominees

    Pennsylvania’s two U.S. senators said Friday they would continue their bipartisan process for identifying federal judicial nominees, even as they have apparently diverged with regard to U.S. Supreme Court nominee Judge Neil Gorsuch.

  • March 13, 2017

    3rd Circ. Sinks Bid For Lighter Corruption Sentence

    The Third Circuit on Monday declined to shorten a New Jersey public official’s nearly six-year prison term for corruption after finding that the sentencing judge didn’t abuse his discretion when denying the official's request for leniency since he cooperated with the government.

  • March 13, 2017

    No Privilege For Emails To PR Consultants, Pa. Court Says

    The Pennsylvania Superior Court ruled Monday that attorney-client privilege does not apply to a company's email with its media consultants, in a discovery fight over litigation stemming from a hospital’s allegations that a doctor engaged in unnecessary procedures.

  • March 13, 2017

    Pa. Justices Urged To Preserve Fracking Rule Injunction

    An energy industry group urged Pennsylvania’s highest court on Friday to uphold a preliminary injunction it won barring state environmental regulators from beginning to enforce controversial new regulations governing surface activities near gas drilling sites.

  • March 13, 2017

    Pa. Appeals Court Revives Gas Storage Eminent Domain Row

    A Pennsylvania appeals court ordered a trial judge on Monday to hold new hearings on whether a UGI Corp. subsidiary had effectively seized the subsurface rights of private landowners by declaring their properties within a buffer zone surrounding an underground gas storage facility.

  • March 13, 2017

    Fox Rothschild Dodges Pa. Frivolous Bankruptcy Claim

    Fox Rothschild LLP dodged allegations on Friday that an attorney filed a frivolous bankruptcy petition in order to stave off a trial a client was facing in Pennsylvania state court over an aborted merger involving a Philadelphia-area travel agency.

  • March 13, 2017

    Two Ex-PSU Admins Plead Guilty In Sandusky Cover-Up

    Two former Penn State University administrators pled guilty Monday to child endangerment charges stemming from the Jerry Sandusky sexual abuse scandal, avoiding a trial that was scheduled for later this month.

  • March 13, 2017

    Retired NFL Players Push Back On $112.5M Attys' Fee Request

    A group of retired NFL players took issue with the lead counsels’ fee request in the landmark concussion litigation, asking a Pennsylvania federal judge on Friday not to approve the $112.5 million request because of a provision that asks for 5 percent of the settlement to be set aside for future costs.

  • March 10, 2017

    Ex-NFLer, Concussion Deal Counsel Continue To Spar

    Retired running back Fred Willis on Thursday again defended himself in Pennsylvania federal court against a bid by the attorneys representing the class of retired players the NFL concussion litigation settlement to silence Willis’ allegedly false communications with fellow class members.

  • March 10, 2017

    Food Tray Co. Tells 3rd Circ. $3M Award Should Stay Nixed

    A food tray supplier on Thursday asked the Third Circuit to uphold a decision that tossed a $3 million jury award against it on claims it breached a contract and lured away customers from a distributor, saying the lower court was right to determine Roberts Technology Group Inc. had misled the jury when estimating its losses.

  • March 10, 2017

    3rd Circ. Upholds Aetna Win On Benefits Reimbursement

    The Third Circuit has refused to revive a putative class action against Aetna Inc. and its affiliates by a woman alleging the insurer unlawfully demanded reimbursement for medical expenses because she settled a car accident lawsuit, saying she failed to exhaust her administrative remedies before filing the case.

  • March 10, 2017

    3rd Circ. Says State Univs. Subject To Some Antitrust Scrutiny

    The Third Circuit upheld a ruling Thursday that a Pennsylvania state university foundation could not face an antitrust suit over student housing policies under the state action doctrine, but rejected a finding that the school and its foundation were automatically immune.

  • March 10, 2017

    Health Hires: Polsinelli, Pepper Hamilton, Mintz Levin

    Polsinelli PC has nabbed two health care pros from Epstein Becker Green and Arent Fox LLP, Pepper Hamilton LLP has started a health sciences department and Mintz Levin Cohn Ferris Glovsky & Popeo PC has brought on a corporate life sciences member from K&L Gates LLP.

  • March 10, 2017

    Pa. Atty Suspended After Conviction For Aiding Drug Ring

    The Pennsylvania Supreme Court on Friday agreed to suspend the law license of a Philadelphia-based attorney who was convicted last month on charges for lending his support to a multimillion-dollar Baltimore crime ring.

  • March 10, 2017

    Philly Urges Appeals Court To Affirm Soda Tax's Legality

    The city of Philadelphia urged a Pennsylvania appeals court Friday to affirm a decision finding that the city’s controversial new levy on sugar-sweetened beverages did not usurp the state’s taxing authority, saying opponents were making political arguments that didn’t implicate the tax’s legality.

Expert Analysis

  • The Missing Key To 3rd-Party Litigation Funding

    Tripp Haston

    Unlike other forms of commerce and unlike in other nations, litigation investment and funding in the U.S. is largely unregulated with few disclosure requirements. Where darkness exists, ignorance and mistrust breed. Disclosure and transparency in litigation investment and funding is the first and proper step to better understand this opaque dynamic in the U.S. civil justice system, says Tripp Haston of Bradley Arant Boult Cummings LLP.

  • Litigating Abusiveness: A Quasi-Fiduciary Duty Emerges

    Ori Lev

    The Consumer Financial Protection Bureau last month filed a lawsuit against Navient Corp. that sheds additional light on how the agency views its authority to prohibit “abusive” acts. The CFPB seems to be sending a message that companies need to look out for consumers’ best interests in certain circumstances, says Ori Lev of Mayer Brown LLP.

  • Ohio: A New Hot Spot For Pricing Litigation

    Stephanie Sheridan

    California may grab the spotlight, but Ohio should not be overlooked as a high-risk area for pricing litigation. Recent cases filed in the Buckeye State against Visionworks, Michaels, Jos. A. Bank, Hobby Lobby, My Pillow and other retailers showcase Ohio's emergence as a popular venue for challenges to a wide variety of pricing practices, say Stephanie Sheridan and Meegan Brooks of Sedgwick LLP.

  • Opinion

    The Myth Of The Forceful Mediator

    Jeff Kichaven

    When mediators rely on force to get cases settled, it doesn’t work. It’s time to suggest more productive ways for top-gun litigators and top-flight mediators to engage, says Jeff Kichaven of Jeff Kichaven Commercial Mediation.

  • Opinion

    Love And Law In The Age Of Trump

    Kevin Curnin

    Love is not a subject that lawyers typically devote themselves to professionally. But as we witness this historic transition to a new administration, lawyers in particular are reminded that love is tied, however imperfectly, to our cherished founding ideals, says Kevin Curnin, president of the Association of Pro Bono Counsel.

  • The State Of The Litigation Finance Industry In 2017

    Christopher P. Bogart

    In the United States, the number of lawyers whose firms have used litigation finance has quadrupled since 2013. Even so, too many remain poorly informed, leaving them at a competitive disadvantage and prone to oddly persistent “alternative facts” about litigation finance, says Christopher Bogart, CEO of Burford Capital.

  • 11th Circ. Ruling May Affect Criminal Securities Fraud Cases

    David M. Chaiken

    The Eleventh Circuit's recent decision in U.S. v. Stein could hinder efforts to limit loss estimates in fraud-on-the-market criminal securities fraud cases. The case cemented a firm 5-3 majority circuit split that will undoubtedly weigh heavily on judges who will be confronted with this issue in the four circuits that have yet to address it, say attorneys with Troutman Sanders LLP.

  • 6 Ways To Get More From A Limited Budget For Trial Graphics

    Marti-Martin-Robinson.jpg

    With so many possibilities and variables, it can be difficult to adhere to a strict graphics budget when preparing effective visuals for trial. There are several things you can do to limit the cost of your visuals without sacrificing quality, says Marti Martin Robinson of Litigation Insights Inc.

  • Analyzing The Legality Of Proposed Sanctuary City Measures

    Leon Fresco

    The 115th Congress began by introducing bills aimed at defunding sanctuary cities in both the Senate and House, efforts consistent with President Donald Trump’s recent executive order, which aims to cancel federal funding to sanctuary cities. However, such action is likely to lead to a showdown in Congress and in the federal courts over a variety of constitutional, federal and administrative legal issues, say attorneys at Holland & Knight LLP.

  • And Now A Word From The Panel: A Year Of Vanishing MDLs

    Alan Rothman

    2016 was a notable year for the Judicial Panel for Multidistrict Litigation: It created only 26 new MDL proceedings, a low-water mark for new MDL proceedings not seen in almost a quarter of a century. In this installment of his bimonthly series on the panel, Alan Rothman of Arnold & Porter Kaye Scholer LLP looks at the panel’s activity over the past year.