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Pennsylvania

  • May 9, 2018

    Judge To Move Fast On Suit Over Census Citizenship Query

    A Manhattan federal judge said Wednesday he will move quickly to resolve a challenge by a coalition of states to the Trump administration's controversial decision to add a question on citizenship status to the 2020 census, noting the approaching population count and the high likelihood of appellate review.

  • May 9, 2018

    Court Asked To Force Investment Firms To Repay Ex-NFLers

    Counsel for the class in the National Football League’s uncapped concussion settlement Tuesday asked a Pennsylvania federal court for sanctions against a group of related financial firms they say have failed to account for funds invested by class members.

  • May 9, 2018

    Pa. Court Grapples With Proof Behind $1M Fracking Fine

    As part of an ongoing dispute over a $1.1 million fine levied against an EQT Corp. unit for hydraulic fracturing fluid that leaked from an in-ground impoundment, a Pennsylvania appeals court wrestled during oral arguments on Wednesday over how to prove whether soil-bound contaminants had moved into groundwater.

  • May 9, 2018

    3rd Circ. Upholds TD Bank Win In Currency Conversion Suit

    The Third Circuit on Tuesday upheld a win for TD Bank NA in a proposed class action alleging the bank charged an embedded fee when converting foreign currency, ruling nothing in its customer agreement specified which formula the bank would use and that the suit did not present any evidence the formula was intentionally withheld.

  • May 9, 2018

    NASA Supplier Says Rival Is Shirking $3.1M Judgment

    NASA supplier Advanced Fluid Systems Inc. urged a Pennsylvania federal court to step in and force rival Livingston & Haven LLC to start ponying up on a $3.1 million judgment on AFS' claims that a former employee pushed business to the rival.

  • May 9, 2018

    Snowboarder's Injury Suit Against Pa. Resort Sent To Trial

    A Pennsylvania federal judge has found a trial is necessary in a suit accusing Big Boulder of negligence in a snowboarder's accident, saying there are questions of where personal responsibility ended for the snowboarder and where negligence — if there was any — began for the resort.

  • May 9, 2018

    Kramer Levin Guides REIT’s $749M Caesars Asset Buy

    Real estate investment trust VICI Properties Inc. has agreed to acquire two real estate assets from Caesars Entertainment Corp. for a total of $749 million, in a deal that was guided by Kramer Levin Naftalis & Frankel LLP, VICI said on Wednesday.

  • May 8, 2018

    Litigation Funder Tries To Recover Advance To NFL Player

    A third-party claims funder asked a Pennsylvania federal court on Tuesday to allow arbitration proceedings against a former National Football League player who is refusing to repay an advance of a portion of his potential recovery from an uncapped settlement in multidistrict litigation over brain injuries.

  • May 8, 2018

    GSK Can't Make Hagens Berman Pay Special Master Fees

    A Pennsylvania federal judge on Tuesday denied a bid from GlaxoSmithKline and other pharmaceutical companies to have Hagens Berman Sobol Shapiro LLP foot the bill for costs incurred by a special master looking into whether the firm can stop representing thalidomide birth defect clients, saying the special master isn’t done.

  • May 8, 2018

    Pa. Fed. Judge Rejects LabMD's Call To Step Away From Suit

    A federal magistrate in Pennsylvania on Tuesday piggybacked on another judge’s decision in denying LabMD Inc.'s bid for the magistrate's recusal from its defamation and fraud suit against Tiversa.

  • May 8, 2018

    Pa. College Wants Ex-Baseball Player's Injury Suit Rejected

    A public Pennsylvania university accused of being responsible for a baseball player’s head injury asked a federal court to toss the suit on Tuesday, saying the claims are subject to state court jurisdiction and are otherwise barred under the doctrine of sovereign immunity.

  • May 8, 2018

    FTC Seeks More Info On Churchill Downs' $51M Casino Deal

    The Federal Trade Commission has sought additional information on Churchill Downs Inc.’s planned $50.6 million purchase of a Mississippi casino from Eldorado Resorts Inc., which must go through before the companies can go forward with a $178.9 million Pennsylvania casino deal, they disclosed Monday.

  • May 8, 2018

    Farming Startup Wants Obermayer DQ'd In Investor Fraud Suit

    A Philadelphia-based vertical farm told a Pennsylvania state court that Obermayer Rebmann Maxwell & Hippel LLP should be disqualified from a dispute over $1 million worth of allegedly misappropriated financing based on its dual representation of the company’s investors and an accountant accused of defrauding the startup from within.

  • May 8, 2018

    Hospital Wins Nix Of Suit Over Changed Benefits On 2nd Try

    A Pennsylvania hospital didn’t have a duty under the Employee Retirement Income Security Act to correct a faculty member physician’s understanding about whether her benefits would change, a Pennsylvania federal judge ruled Monday, reversing his previous order and granting the hospital’s request to toss the claims.

  • May 8, 2018

    Pa. Justices Urged To Ax Time Bar In Liver Transplant Case

    A mother and son who together underwent a failed liver transplant urged the Pennsylvania Supreme Court on Monday to strike down a state law’s seven-year time bar on certain medical malpractice claims on grounds that it violates constitutional guarantees on the public’s access to the courts.

  • May 8, 2018

    Korean Investment Firm Pays $130.5M For GSK's Philly HQ

    The investment management arm of financial services company Korea Investment Holdings Co. Ltd. on Tuesday said it will pay $130.5 million to take over the current home of GlaxoSmithKline PLC's U.S. corporate headquarters in Philadelphia.

  • May 7, 2018

    3rd Circ. Upholds Forum Selection Clause In Cargo Suit

    The Third Circuit ruled Friday that forum selection clauses in cargo shipping agreements don’t unlawfully lessen a ship or carrier’s liability for damage, issuing a precedential decision that clarified the intent behind the United States Carriage of Goods by Sea Act.

  • May 7, 2018

    Pa. Pipeline Row Shows Enviro Rights Amendment Still Murky

    A recently advanced effort to hold a Sunoco Inc. unit liable for violations of the Pennsylvania Constitution over a controversial pipeline project highlights what attorneys say is continued uncertainty around the so-called environmental rights amendment, which was reinvigorated by the state’s Supreme Court last year.

  • May 7, 2018

    Endo Shareholders Fight Bid To Toss Opioid Safety Suit

    A proposed class of Endo International PLC shareholders on Friday blasted Endo’s argument that their suit should be tossed because the drugmaker couldn’t have foreseen the fallout of the opioid crisis, telling a Pennsylvania federal judge the company knowingly misrepresented the safety of its Opana drug before pulling it from the market.

  • May 7, 2018

    Comcast Loses Adversary's Ex-VP As Consultant In IP Suit

    A Pennsylvania federal judge on Monday prohibited Comcast Corp. from using a former executive with a California tech company as a defense consultant in a patent infringement lawsuit brought by the same company, but denied the company’s request that its former executive and Comcast reveal all communication they’ve shared.

Expert Analysis

  • Opinion

    BigLaw Doesn't Have A Diversity Problem

    Marlen Whitley

    Although the lack of racial and gender diversity among the ranks of the majority of both midsized and top law firms is a major issue, it’s past time to shed light on the real problem — inclusion, or lack thereof, says Marlen Whitley of Reed Smith LLP.

  • Pa. High Court Ruling Erodes Medical Peer Review Protection

    Robin Locke Nagele

    The Pennsylvania Supreme Court's recent decision in Reginelli v. Boggs — holding that a physician practice group that employed physicians and other licensed health care providers did not qualify for peer review privilege protection — is striking and signals two very significant shifts in the state's peer review analysis, says Robin Locke Nagele of Post & Schell.

  • The Importance Of Attorney Etiquette In The Courtroom

    Christina Marinakis

    It’s difficult to say whether an attorney’s social etiquette has any impact on the verdict outcome, but the fact that jurors continually tell us about counsel’s irksome behaviors suggests that, at the very least, these behaviors distract jurors from the issues on which they should be concentrating, says Christina Marinakis, director of jury research at Litigation Insights.

  • Opinion

    Roman J. Israel, Esquire, Meet Donald J. Trump, POTUS

    Kevin Curnin

    Despite the Trump administration's desire to shut down the Legal Services Corp., thankfully the budget that Congress passed and the president signed into law last week has restored $410 million of funding to the legal aid organization. An unlikely brief for preserving LSC may be found in the quirky Denzel Washington film "Roman J. Israel, Esq.," says Kevin Curnin, immediate past president of the Association of Pro Bono Counsel.

  • Opinion

    We Need A Cybersecurity Framework For Law Firms

    Shaun Jamison

    In order to enable lawyers to best meet cybersecurity challenges, state bars should pass rules that adopt a cybersecurity framework to be developed by a national committee, says Shaun Jamison, associate dean of faculty and professor at Purdue University's Concord Law School.

  • Equity Partnership Isn’t What It Used To Be

    Jeff Liebster

    To many young attorneys, becoming an equity partner shows a firm's long-term commitment, meaning job security and a voice in important firm matters. However, the industry has changed and nowadays it may not be better to enter a new firm as an equity partner, says Jeffrey Liebster of Major Lindsey & Africa.

  • Series

    Judging A Book: Hardiman Reviews 'Without Precedent'

    Judge Thomas Hardiman

    In his new book, "Without Precedent: Chief Justice John Marshall and His Times," professor Joel Richard Paul ably explains more than a dozen of Marshall’s most significant opinions, which comes as no surprise​. ​What is a surprise — a pleasant one — is the book's readability, says Judge Thomas Hardiman of the Third Circuit.

  • Top Tax Changes For Law Firms: What Lawyers Need To Know

    Evan Morgan

    For law firms structured as corporations, a lower maximum corporate tax rate and repeal of the corporate alternative minimum tax are good news. But many law firms are pass-through entities, so deduction limitations mean they'll see less benefit from the new tax law, says Evan Morgan of CPA and advisory firm Kaufman Rossin PA.

  • Opinion

    Companies Should Avoid The BigLaw Bonus Structure

    Michael Moradzadeh

    Since passage of the Trump tax plan last year, companies have been touting bonuses they’ve handed down to rank-and-file employees. This highlights the trend of employers favoring bonuses over pay raises in the belief that variable, short-term rewards are less risky to the business than permanent increases in labor costs. But law firms have used this strategy for years — and there are dangers, says Michael Moradzadeh of Rimon PC.

  • A Potentially Promising Future For Pa. Medical Marijuana

    Daniel Clearfield

    The Pennsylvania Department of Health recently published new temporary regulations that will expand patient access to pharmaceutical-grade medical cannabis and enhance the state’s nascent medical marijuana program. However, certain provisions could threaten the program's economic viability, say Daniel Clearfield and Peter Murphy of Eckert Seamans Cherin & Mellott LLC.