Pennsylvania

  • January 31, 2018

    FTC Looks To Beat Suit Challenging Its Authority

    The Federal Trade Commission on Tuesday renewed its bid to toss a suit challenging its authority to pursue a pay-for-delay case against Watson Laboratories Inc., telling a Pennsylvania federal judge the case is an improper attempt to preempt an enforcement action.

  • January 31, 2018

    Bridgegate Aide Tells 3rd Circ. Open Road Not A Civil Right

    A former aide to ex-New Jersey Gov. Chris Christie urged the Third Circuit on Tuesday to overturn her convictions in the Bridgegate criminal case, arguing that drivers don't have a civil right to traffic-free travel and that prosecutors have no business second-guessing government officials.

  • January 31, 2018

    Jury Convicts Pa. Man In $2M Investment Fraud Scheme

    A federal jury on Tuesday convicted a Pennsylvania businessman on fraud charges for bilking investors out of some $2 million on false promises he would use the money to help incubate a string of promising startup businesses.

  • January 31, 2018

    Consumers Slam Bid To Stay Kirkland's Suit For Appeal

    Consumers in a proposed Pennsylvania class action hit back against an attempt by retailer Kirkland’s to put the case on hold while a related case is decided in the Third Circuit, arguing the delay would hurt their case.

  • January 31, 2018

    Dechert Slams Ex-Payroll Staffers' Age Discrimination Suit

    Dechert LLP is firing back at a federal lawsuit alleging it fired a pair of administrative staffers on the basis of their age and gender, as the Philadelphia-based firm argues instead that the workers lost their jobs as a result of a move to outsource payroll operations.

  • January 30, 2018

    Insurer Gets 3rd Circ. Win Citing Limits of Hurricane Sandy

    The Third Circuit ruled Monday that a flood insurer's rejection of a homeowner's proof of loss counted as a “denial of the claim” for statute-of-limitations purposes, indicating that the very act of filing the suit can shorten the time available to do so.

  • January 30, 2018

    Concert Fraudster's Prison Sentence Fair, 3rd Circ. Says

    The Third Circuit on Monday upheld a six-and-a-half-year prison sentence for a sham concert promoter who pled guilty to bilking investors out of $1.7 million with the help of his lawyer, saying the district court acted appropriately in determining the sentence.

  • January 30, 2018

    UPMC Must Cover Highmark Medicare Through 2019

    A Pennsylvania judge ruled on Monday that the University of Pittsburgh Medical Center must continue to honor Medicare Advantage contracts with rival Highmark Inc. for six months past the expiration date stated in a 2014 agreement, ensuring that Highmark’s customers will maintain in-network coverage rates until the end of 2019.

  • January 30, 2018

    Gaming Group Says $4.8B To Be Illegally Bet On Super Bowl

    Americans are expected to bet $4.76 billion on the Super Bowl between the New England Patriots and the Philadelphia Eagles, but almost every dollar will be wagered illegally, according to a report released Tuesday blasting federal sports betting restrictions.

  • January 30, 2018

    Pa. Justices To Mull Privilege For Atty Emails To Consultants

    The Pennsylvania Supreme Court said Tuesday it will weigh whether attorney-client privilege applies to a lawyer’s email that a company forwarded to its media consultants, in a discovery fight over litigation stemming from a hospital’s allegations that doctors engaged in unnecessary procedures.

  • January 30, 2018

    $5.9M Jury Award Upheld In Man's Feeding Tube Death

    A Pennsylvania appellate court on Tuesday affirmed a jury verdict awarding $5.9 million in a suit accusing a doctor and hospital of being responsible for an 88-year-old man’s death due to a misplaced feeding tube, rejecting the health care providers’ arguments the award was excessive given the patient’s age.

  • January 30, 2018

    Ex-Teva Exec Didn't Violate CFAA In Sharing Info With Lover

    A Pennsylvania federal judge on Tuesday threw out a Computer Fraud and Abuse Act claim against an ex-Teva Pharmaceuticals USA Inc. executive facing claims that she shared trade secrets with the CEO of Apotex Inc. during the course of their romantic relationship.

  • January 30, 2018

    Pepper Hamilton Has To Face Jury In Breach-Of-Duty Dispute

    A Pennsylvania state judge said Tuesday she would allow a jury to decide whether Pepper Hamilton LLP breached its duty to a powerful union leader and former client by taking advantage of confidential information about a criminal investigation he faced to defend the Philadelphia Inquirer in a libel suit.

  • January 30, 2018

    Pa. Justices To Hear Philly Sweetened Beverage Tax Challenge

    Pennsylvania’s Supreme Court will decide the fate of Philadelphia’s controversial tax on sweetened beverages, the justices announced Tuesday.

  • January 29, 2018

    Philly Parking Authority Scores Win In Uber Regulation Suit

    A Pennsylvania federal judge on Monday killed the bulk of a suit by Philadelphia taxicab operators alleging the city’s parking authority unfairly refused to regulate ride-hailing services like Uber and Lyft, ruling that the court couldn’t protect the cabbies from market competition.

  • January 29, 2018

    Split Rulings Show Appetite To Change FERC Pipeline Policy

    A recent string of divided pipeline approvals suggest that Federal Energy Regulatory Commissioners are eager to answer Chair Kevin McIntyre's December call to review its nearly 20-year-old pipeline approval policy, though experts caution that any changes may ultimately be more tuneup than overhaul of FERC's review process.

  • January 29, 2018

    Prudential Beneficiaries Subclass Wins Cert. In ERISA Suit

    A Pennsylvania federal judge agreed on Monday to certify a subclass of Prudential beneficiaries pursuing Employee Retirement Income Security Act claims after being promised life insurance payouts "in one sum" but who were instead allegedly signed up for accounts that allowed the company to retain assets until their withdrawal.

  • January 29, 2018

    NLRB Orders Pa. Sports Org To Bargain With Lacrosse Refs

    The National Labor Relations Board unanimously ruled Friday that the organization governing high school sports in Pennsylvania illegally refused to, and must now, bargain with the union representing a unit of lacrosse referees who were previously found to be employees.

  • January 29, 2018

    Deal On New Protections Clears Way For LCT Pa. Coal Mine

    The fight over a proposed Pittsburgh-area coal mine’s environmental approvals came to an end on Friday after the site’s operator agreed to implement new measures designed to limit discharges into a local waterway.

  • January 29, 2018

    Dilworth Paxson Lands 2 Health Care Partners

    Dilworth Paxson LLP announced Monday that it has added two partners to its health care practice group from shuttered Harrisburg, Pennsylvania-based Rhoads & Sinon LLP.

Expert Analysis

  • The Tide Could Be Turning On The Bare Metal Defense

    Rachel Farnsworth

    The Third Circuit recently vacated part of a ruling that turned on the application of the “bare metal defense,” the theory that a manufacturer of an asbestos-free product cannot be held liable for injuries caused by other manufacturers’ later-added asbestos-containing parts. Now the state law tide is turning in the same direction, says Rachel Farnsworth of Weil Gotshal & Manges LLP.

  • Spoliation Scrutiny: Disparate Standards For Distinct Mediums

    Robin Shah

    Two years ago, Federal Rule of Civil Procedure 37(e) was amended to provide a clearer road map for courts analyzing whether to permit sanctions for the spoliation of evidence. Yet there is still no specific guidance for when a sanctions request relates to electronically stored and nonelectronically stored information, says Skadden associate Robin Shah.

  • Diagnosing Juror Bias Against Foreign Witnesses

    Christina Marinakis

    In an effort to study jurors' attitudes toward foreign witnesses, a representative sample of over 1,000 jury eligibles across the U.S. were surveyed over the course of several years. The results revealed two important findings, says Christina Marinakis, director of jury research at Litigation Insights.

  • Hearing The Need For More Women’s Voices In The Courtroom

    Carrie Cohen

    For many female attorneys, the results revealed in the New York State Bar Association’s recently adopted report on female litigators in the courtroom were not encouraging but not terribly surprising. Each stakeholder in the litigation process — judges, law firms and corporate clients — should contribute toward increasing female voices in the courtroom, says Carrie Cohen of Morrison & Foerster LLP.

  • Telehealth In 2017: What Changed And What's Ahead

    Kristi Kung

    As the U.S. shifts from a fee-for-service to a value-based health care system, telemedicine is viewed by many as the solution for achieving access to care and cost-efficiency. Kristi Kung and Matthew Shatzkes of Sheppard Mullin Richter & Hampton LLP look back on some of the telemedicine-related legal and regulatory changes that occurred in 2017 and discuss potential areas of interest in 2018.

  • Roundup

    My Strangest Day In Court

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    Every seasoned litigator has his or her fair share of courtroom stories. Check out the strange experiences that captured reader interest in this popular 2017 series.

  • How 2 Devices And 1 Domain Changed My Practice In 2017

    Paul Kiesel

    The question I ask about new technology is how can it improve the quality of my practice — and my life? This year, the iPhone X, the Apple Watch Series 3 and a .LAW domain have proven to be great investments, for professional and personal reasons, says attorney Paul Kiesel of Kiesel Law LLP.

  • Alternative Fees: My Experience At Bartlit Beck

    J.B. Heaton

    Bartlit Beck was a wonderful place to work for 18 years, and the lawyers there are not only excellent attorneys but also great people. That said, I can look analytically at the Bartlit Beck fee model and make some observations on its pros and cons, says J.B. Heaton, founder of investment analytics company Conjecture LLC.

  • Opinion

    Jurors Should Have An Active Role In Trials

    Judge Amos Mazzant III

    We tell jurors how important they are to the successful implementation of our judicial system, but oftentimes we don’t treat them with the reverence they deserve. U.S. District Judge Amos Mazzant III of the Eastern District of Texas, Lisa Blue of Baron and Blue, and Robert Hirschhorn of Cathy E. Bennett & Associates advocate three improvements to give jurors an active role in our civil and criminal jury trials.

  • Why Information Governance Is More Important Than Ever

    Linda Sharp

    It used to be that hiring a good law firm was the single most important thing a company could do when facing litigation. You could now make the case that an organization’s most powerful asset in prosecuting or defending a claim is its information, says Linda Sharp, associate general counsel of ZL Technologies and chair of the ACC Information Governance Committee.