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  • October 29, 2018

    Supreme Court Won't Hear Pa. Gerrymandering Case

    The U.S. Supreme Court on Monday shot down an appeal bid from Republican legislative leaders in Pennsylvania challenging a landmark decision earlier this year that struck down the state’s congressional map as a partisan gerrymander.

  • October 29, 2018

    Chicago Insurance Exec Pleads Guilty To $13.5M Fraud

    A Chicago-based health insurance executive pled guilty Monday to steering more than $13.5 million in hospitals’ insurance premiums to a shell company for his personal expenses like trips and real estate.

  • October 29, 2018

    3 Firms Guide $1.7B Denbury, Penn Virginia Tie-Up

    Oil and gas extraction company Denbury Resources Inc. on Monday said it will take over fellow Texas-based energy producer Penn Virginia Corp. in a $1.7 billion deal, with Vinson & Elkins LLP guiding the buyer and Skadden Arps Slate Meagher & Flom LLP and Gibson Dunn & Crutcher LLP steering the seller.

  • October 26, 2018

    J&J Can't Arbitrate Distributor's Claims In Remicade Row

    A federal judge in Pennsylvania on Friday rejected Johnson & Johnson's bid to force direct purchasers of the immunosuppressant Remicade to arbitrate claims that it compelled insurers not to cover competing biosimilar versions of the drug, finding that antitrust claims fell outside the scope of their distribution agreement. 

  • October 26, 2018

    No Ethics Charge For Ex-Penn State Atty Over Sandusky Case

    A Pennsylvania legal ethics panel on Friday rejected allegations that ex-Penn State University general counsel Cynthia Baldwin failed to warn three top administrators about the possibility of conflicts of interest as she represented them on behalf of the university, not as individuals, during their grand jury testimony in the Jerry Sandusky sex abuse investigation.

  • October 26, 2018

    Pa. Appeals Court Upholds Town's Fracking Law

    A Pennsylvania appeals court on Friday supported a local land-use ordinance that explicitly lets a Westmoreland County town allow hydraulic fracturing — or “fracking” — in residential and agricultural areas, rejecting arguments that the rule ran afoul of environmental protections enshrined in the state’s constitution.

  • October 26, 2018

    RFRA Beats Natural Gas Act, Catholic Order Tells High Court

    A Catholic religious order with land in the path of the controversial Atlantic Sunrise natural gas pipeline project is asking the U.S. Supreme Court to decide whether the Religious Freedom Restoration Act trumps the Natural Gas Act permitting the pipeline’s construction.

  • October 26, 2018

    Philly Restaurant Server Denied Class Cert. In Wage Suit

    There were too few waitstaff allegedly stiffed on tips at a Philadelphia restaurant for a federal court to fully certify an ex-waiter’s proposed class of plaintiffs, who can still opt into the minimum-wage case by joinder, a Pennsylvania federal judge ruled Friday.

  • October 26, 2018

    DOL's Quick-Win Bid Slammed In Steel Co. Pension Plan Row

    A committee in charge of two steel company pension plans urged a Pennsylvania federal judge not to give the U.S. Department of Labor a quick win on its claims that the committee caused millions of dollars in losses by failing to keep a close eye on its investment manager.

  • October 26, 2018

    Pa. Man To Address Time Limit In Covidien Hernia Mesh Suit

    A Pennsylvania man allegedly injured by a faulty Covidien LP hernia mesh will get a chance to argue why some of his claims should be exempted from the statute of limitations, after a federal judge denied Covidien’s motion to dismiss the lawsuit Thursday and allowed the hernia patient to amend his complaint.

  • October 26, 2018

    Abbott, AbbVie Pay $25M Over Off-Label Promos, Kickbacks

    Abbott Laboratories and AbbVie Inc. will fork over $25 million to end a whistleblower's False Claims Act case alleging off-label promotion of triglyceride drug TriCor and unlawful kickbacks in the form of gift baskets and gift cards, the U.S. Department of Justice said Friday.

  • October 25, 2018

    Widow's Plane Crash Claims Not Preempted, 3rd Circ. Says

    A split Third Circuit panel on Thursday revived a widow's state law claims against Avco Corp. alleging a defective engine design caused the plane crash that killed her husband, the pilot, finding a Pennsylvania federal court improperly concluded the claims were preempted by federal law.

  • October 25, 2018

    Excessive Attys' Fee Bids Can Backfire, Judges Say

    A prevailing party seeking to recover legal fees should resist asking for excessive or unnecessary hours, federal judges said in a panel discussion Thursday, with one jurist noting such entries send up a red flag that makes him "skeptical of the entire application."

  • October 25, 2018

    Pa. Green Amendment A Wild Card For Energy Cos., Attys Say

    The Pennsylvania Supreme Court’s recent ruling reaffirming constitutional protections on clean air, pure water and environmental preservation continues to confound oil and gas operators as they try and determine how it could impact their activities, according to a panel of attorneys speaking at an industry conference in Pittsburgh.

  • October 25, 2018

    EPA Seeks To Stall States’ Fight Over Landfill Emissions

    The U.S. Environmental Protection Agency urged a California federal judge Thursday to hold off deciding whether to toss claims it violated the Clean Air Act by failing to impose Obama-era regulations limiting emissions from municipal landfills, arguing newly proposed emission rules could impact the suit.

  • October 25, 2018

    Mushroom Farm Renews Bid To Ax Winn-Dixie Antitrust Suit

    A mushroom farm has vigorously defended its move to dismiss Winn-Dixie's complaint accusing it of conspiring with a cooperative to fix prices, claiming a Pennsylvania federal judge never fully addressed the farm’s arguments and blasting the supermarket for suggesting otherwise.

  • October 25, 2018

    EFH Judge Releases $275M NextEra Reserve To Creditors

    A Delaware bankruptcy judge signed an order Thursday to release a $275 million reserve to unsecured creditors in Energy Future Holdings Inc.'s Chapter 11 after the Third Circuit denied a request to reconsider its ruling that the company didn't have to pay a termination fee after its deal with NextEra Energy Inc. fell apart last year.

  • October 25, 2018

    US Steel Tower Says Steakhouse Chain Owes It $4.4M In Rent

    The owner of Pittsburgh’s U.S. Steel Tower is suing the steakhouse that until recently occupied a large part of its ground floor, demanding a total of $4.4 million from the restaurant and its Ohio-based parent company, according to the lawsuit filed Thursday in state court.

  • October 25, 2018

    Pa. Suit Claims Rite-Aid Staff Blurted Out Man's HIV Status

    Rite-Aid Corp. violated a Pennsylvania man's privacy when a staff member at one of its Pittsburgh stores publicly announced that a prescription being filled was to treat HIV, according to a lawsuit filed recently in state court.

  • October 24, 2018

    3rd Circ. Won't Revisit EFH $275M Breakup Fee Decision

    The Third Circuit on Wednesday denied a request to reconsider its ruling that Energy Future Holdings Inc. should be freed from paying a $275 million termination fee after its deal to sell NextEra Energy Inc. its share of a power distribution system fell apart last year.

Expert Analysis

  • Q&A

    Back To School: Stanford's Jeff Fisher Talks Supreme Court

    Jeffrey Fisher

    In this series featuring law school luminaries, Stanford Law School professor Jeffrey Fisher discusses his motivation for teaching, arguing before the U.S. Supreme Court and what the court might look like if Judge Brett Kavanaugh is confirmed.

  • Clearing Up Some Pipeline Permit Questions At 3rd Circ.

    Deidre Duncan

    Two recent decisions from the Third Circuit — Delaware Riverkeeper and Township of Bordentown — indicate that resolving questions related to state appeals of pipeline project permits will ultimately turn on the particulars of the state administrative process, say Deidre Duncan and Clare Ellis of Hunton Andrews Kurth LLP.

  • 5 Big Changes To Pa. Contractor Payment Law

    Kenneth Cushing

    Pennsylvania's amended Contractor and Subcontractor Payment Act, which will apply to construction contracts entered into on or after Oct. 10, will provide downstream entities with robust protections to better ensure prompt payment for completed work, says Kenneth Cushing of Cozen O'Connor.

  • Calif.'s New Rules For Lawyers Move Closer To ABA Model

    Mark Loeterman

    The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.

  • Know The Limits To Atty Public Statements During A Trial

    Matthew Giardina

    The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.

  • Clarifying The Scope Of Bankruptcy Code 3rd-Party Injunction

    Craig Goldblatt

    The Third Circuit’s decision last month in W.R. Grace contains valuable lessons for insurers on the benefits that can be obtained by a third-party injunction issued under Section 524(g)(4) of the Bankruptcy Code, say Craig Goldblatt and Nancy Manzer of WilmerHale.

  • Q&A

    A Chat With Faegre Client Development Chief Melanie Green

    Melanie Green

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Melanie Green, chief client development officer at Faegre Baker Daniels LLP.

  • Guest Feature

    Tom Mesereau Talks MJ, Cosby, Unconventional Choices

    Randy Maniloff

    Tom Mesereau may be recently recognizable as one of the attorneys who defended Bill Cosby, but his biggest claim to fame is successfully defending Michael Jackson in 2005. On the eve of what would have been the King of Pop’s 60th birthday, Randy Maniloff, of White and Williams LLP, spoke to Mesereau about his unconventional path to a remarkable career.

  • Why State Marijuana-Impaired Driving Laws Need Reform

    Ian Stewart

    Because current state laws relating to marijuana-impaired driving lack an objective impairment standard, only those who clearly demonstrate impaired driving are likely to be prosecuted and convicted, says Ian Stewart of Wilson Elser Moskowitz Edelman & Dicker LLP.

  • 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.