Pennsylvania

  • June 7, 2017

    Meet Trump's Picks For The Federal Appellate Bench

    President Donald Trump’s judicial nominations on Wednesday brought three federal appeals candidates into the spotlight, including a member of the president’s shortlist for the U.S. Supreme Court, a judge who oversaw a massive challenge to the Clean Water Act, and one of the lawyers behind the high court’s limitation of laches as an intellectual property defense.

  • June 7, 2017

    NJ Makes Final Pitch For High Court Sports Betting Review

    New Jersey and a thoroughbred group made a last-ditch effort Tuesday to convince the U.S. Supreme Court to review whether a federal law prohibiting state authorization of sports betting can prevent New Jersey from repealing its laws banning the practice, after the acting U.S. solicitor general told the justices the challenge was not worth their time.

  • June 7, 2017

    Philly Taxi Operators Keep Cruising In Uber Regulation Suit

    More than 300 Philadelphia taxicab operators have plausibly shown their constitutional rights were violated when the city’s parking authority refused to regulate ride-hailing services such as Uber and Lyft, a Pennsylvania federal judge said Tuesday.

  • June 7, 2017

    Mylan, Others Rigged Generic Drug Prices, Suits Say

    Drugmakers have unlawfully colluded to prevent competition for a generic numbing ointment as well as treatments for gallbladder stones, seizures and eczema, consequently inflating prices paid by direct purchasers, according to four separate antitrust suits filed Tuesday as part of multidistrict litigation in Pennsylvania federal court.

  • June 7, 2017

    Pa. Justices To Mull If Settlement Can Spur Malpractice Suit

    The Pennsylvania Supreme Court, as part of a dispute over the handling of an ex-hospital worker’s wrongful termination lawsuit, agreed on Tuesday to reexamine the extent to which a settlement agreement can serve as the basis for a legal malpractice case.

  • June 7, 2017

    3rd Circ. Says Former Le-Nature's Exec Can't Lower Sentence

    The Third Circuit on Wednesday said a district judge was correct in refusing to reduce the prison sentence of the onetime executive of now-defunct bottling company Le-Nature's Inc. who in 2011 pled guilty in connection to a $660 million swindle of banks and investors.

  • June 7, 2017

    Trump Taps 11 For Federal Bench In Bid To Reshape Courts

    President Donald Trump announced his latest batch of picks for the federal bench Wednesday, including three for appellate courts.

  • June 7, 2017

    Insurer Tells 3rd Circ. That Carriers Liable In $9M Drug Theft

    AXA Corporate Solutions Assurance asked the Third Circuit for another chance to recover its payout for the theft of a nearly $9 million pharmaceutical shipment from Sanofi-Aventis to McKesson Corp. that it insured, arguing that the carriers were liable under federal shipping law.

  • June 7, 2017

    La. Not Immune From Flonase Class Settlement, Says GSK

    Louisiana can’t exercise sovereign immunity to escape the bounds of a settlement reached between GlaxoSmithKline and a class of purchasers over allegations the company delayed generic competition for Flonase nasal spray, because that argument is only available to defendants, the pharmaceutical company told the Third Circuit Wednesday.

  • June 7, 2017

    Device Maker, UPenn Sued For Heart Surgery Infection

    A New Jersey woman blamed a Japanese medical device manufacturer and the Hospital of the University of Pennsylvania for a virulent bacterial infection she contracted during a 2016 open heart surgery, in a complaint filed in Pennsylvania state court Wednesday.

  • June 7, 2017

    Pa. Appeals Court Axes Local Drilling Ordinance Challenge

    A Pennsylvania appeals court agreed Wednesday that a recently enacted ordinance allowing oil and gas drilling in residential areas of a Butler County municipality withstood scrutiny because the pre-existing zoning code had already allowed construction of substantially similar public utility structures.

  • June 7, 2017

    NFL Concussion Class Looks To Nix Claims Assistance Offers

    Co-class counsel for former NFL players seeking recovery from the uncapped concussion settlement on Tuesday urged the Pennsylvania federal judge overseeing the case to clear up confusion created by companies other than the claims administrator offering to help class members navigate the claims process.

  • June 6, 2017

    McCarter & English Adds 2 Product Liability Litigators

    Two product liability litigators with experience handling health care and pharmaceutical matters have joined McCarter & English LLP as partners from Reed Smith LLP and Hughes Hubbard & Reed LLP, the firm announced Tuesday.

  • June 6, 2017

    Feds Want Info From Convicted Pa. Atty On Repping Mobster

    The New Jersey U.S. Attorney’s office asked Monday for the federal court to direct a convicted mobster’s former lawyer, who has himself been convicted of money laundering, to answer questions after his former client claimed on appeal the lawyer had a conflict of interest while representing him.

  • June 6, 2017

    3rd Circ. Could Upset Class Pacts In Flonase Antitrust Row

    The Third Circuit is set to hear oral arguments Wednesday over whether the state of Louisiana can be bound to an antitrust class action settlement involving Flonase nasal spray, in a case that could upend settlements in which states are class members.

  • June 6, 2017

    Pa. Appeals Court Won't Revive Ex-Rep's Defamation Suit

    A Pennsylvania appellate court agreed Tuesday to throw out a former state representative’s efforts to revive defamation claims against a CBS affiliate in Pittsburgh after he failed to make required filings.

  • June 6, 2017

    Pa. Justices Will Review Ruling On Workers' Comp. Atty Fees

    The Pennsylvania Supreme Court said Tuesday that it would review a finding that obligates workers' compensation attorneys to return attorneys' fees imposed on an employer in the event that the employer ultimately triumphs in a dispute.

  • June 6, 2017

    Olympus Settles Pa. Suit Over FDA-Flagged Surgical Tool

    A group of Olympus Corporation of the Americas subsidiaries have agreed to settle claims from a couple that a device used in gynecological surgery was responsible for the spread of cancer-causing cells, according to a Philadelphia court filing Monday.

  • June 6, 2017

    FTC, AbbVie Seek Quick Wins In Androgel Antitrust Suit

    The Federal Trade Commission and a host of pharmaceutical companies on Monday filed dueling summary judgment bids in the FTC’s Pennsylvania pay-for-delay case accusing the drugmakers of filing sham patent litigation against generic rivals over its testosterone replacement treatment AndroGel, sparring over allegations that the patent litigation was objectively baseless.

  • June 6, 2017

    Sandusky Accuser's Atty Faces $3M Abuse Settlement Suit

    One of ex-Penn State University assistant football coach Jerry Sandusky’s purported sex abuse victims filed a $2.8 million lawsuit against his former attorney on Monday, alleging that he was plied with alcohol and coerced into signing a settlement that significantly undervalued his molestation claims.

Expert Analysis

  • 10 Tips For Creating Winning Trial Visuals

    Kerri Ruttenberg

    Effective visuals require effective design. In her new book, "Images with Impact: Design and Use of Winning Trial Visuals," published by the American Bar Association, trial lawyer and Jones Day partner Kerri Ruttenberg discusses how to design and use visuals to help viewers understand, believe and remember the messages being conveyed.

  • Roundup

    Counsel To Counsel: Insights From Law Firm GCs

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    General counsel at four law firms share the biggest issues they face in an increasingly complex legal environment.

  • The 'State' Of The Gig Economy Under Trump

    Amy Strauss

    There is no question that America’s sharing economy is growing and showing no signs of slowing down. However, if the Trump administration continues its hands-off approach to worker misclassification issues, and court decisions create as much confusion as clarity, we may be forced to look to state legislatures to take control, says Amy Strauss of Fisher Phillips.

  • Monthly Column

    Gray Matters: The Attorney-Client Team

    Robert Creo

    A 1979 study of attorney-client interactions revealed startling information: Despite years of education and training to hone their legal expertise, attorneys were not acting as independent counselors but rather allowing their clients to control them. Our experience is that this trend has accelerated, say dispute resolution experts Robert Creo and Selina Shultz.

  • Opinion

    Why Roe V. Wade Will Not Be Overturned

    Donald Scarinci

    The threat that abortion will become illegal again by overturning Roe v. Wade has been a blockbuster campaign slogan in presidential elections for the last 40 years. Like most campaign rhetoric, this threat is not based in reality, says Donald Scarinci, managing partner of Scarinci Hollenbeck LLC.

  • Litigation Finance, Big Data And The Limits Of AI

    Christopher Bogart

    Theoretically, both better data and its better use should be able to improve results in litigation, and thus help litigation financiers allocate more capital to meritorious matters. However, while big data and artificial intelligence are intriguing additions to the litigation toolkit, they are far from turning litigation finance on its head, says Christopher Bogart, CEO of Burford Capital LLC.

  • A Circuit Split At Intersection Of Title VII And Title IX

    John Barry

    Prior to the Third Circuit’s opinion in Doe v. Mercy Catholic Medical Center, the question of whether Title VII provides the exclusive remedy for individuals alleging employment discrimination on the basis of sex in federally funded educational institutions had not been visited in nearly 20 years. This decision revived a split that has since existed among the circuit courts, say John Barry and Edna Guerrasio of Proskauer Rose LLP.

  • Series

    Counsel To Counsel: Mama Said There'll Be Days Like This

    Peter J. Engstrom

    It's no longer enough for law firms simply to provide expert legal advice — we are expected to mirror clients' legal, ethics and social commitments and promises. For law firm GCs, the resulting job demands seem to grow exponentially, says Peter Engstrom, general counsel of Baker McKenzie.

  • Opinion

    A State-By-State Solution For Immigration Reform

    Leon Fresco

    While it might seem that the new regional polarization over immigration and sanctuary cities may be driving us further away from achieving a national consensus on immigration, it may actually be beneficial to facilitating a unique outcome that can finally create bipartisan progress on immigration reform, says Leon Fresco of Holland & Knight LLP.

  • Series

    Counsel To Counsel: A Law Firm GC's Data Protection Duties

    Thomas W. White

    Increasingly, we see companies in all industries seeking to perform various levels of due diligence on our information security defenses. We received three times as many diligence requests from clients and prospective clients in 2016 as we did in 2015. Some clients even conduct their own penetration tests, says Thomas White, general counsel of WilmerHale.