Pennsylvania

  • November 22, 2017

    Pa. High Court Reverses Ruling On Corp. Tax Appeal Window

    The Pennsylvania Supreme Court reversed a lower court’s ruling Wednesday, saying the date that taxes are paid marks the starting point for a three-year appeal window, rather than when they are finalized with the submission of a company’s annual report.

  • November 22, 2017

    NJ Biz Owner Asks 3rd Circ. To Overturn $1.9M Tax Ruling

    A New Jersey business owner on Tuesday asked the Third Circuit to reverse a judgment against him for $1.94 million owed in income and employment taxes, saying issues of material fact remained as to whether he willfully caused the taxes not to be paid.

  • November 22, 2017

    DA Office Not A Judicial Agency For Records Law: Pa. Court

    A county district attorney’s office should not be treated as a “judicial agency” under a Pennsylvania public records law and therefore should not be afforded the same public disclosure protections, that state's high court said Wednesday.

  • November 22, 2017

    Pa. Justices Deem Gov.'s Line Item Vetoes Unconstitutional

    The Pennsylvania Supreme Court ruled Wednesday that ex-Gov. Tom Corbett failed to follow proper state constitutional procedure when he used a line-item veto to void certain expenditures in a pair of bills accompanying the state’s 2014-2015 budget.

  • November 22, 2017

    Pa. Justices Affirm $2M Verdict Against Nursing Home

    The Pennsylvania Supreme Court on Wednesday affirmed part of a $2 million jury verdict against the Albert Einstein Healthcare Network, concluding a lower court properly determined that claims brought by the family of a woman who suffered bedsores and other ailments before her death were brought within the statute of limitations.

  • November 22, 2017

    Pa. Justices Uphold Judges' Removal In Case-Fixing Scheme

    The Pennsylvania Supreme Court on Wednesday affirmed the removal of a pair of Philadelphia County judges from the bench following a case-fixing scandal, concluding that a state judicial ethics panel was permitted to veer away from prior precedent in meting out punishments.

  • November 22, 2017

    Judge's Election Shows Small Audience For Pa. Bar Ratings

    For the first time in 16 years, Pennsylvania voters earlier this month elected a candidate deemed “not recommended” by the state’s bar association to an appellate court seat, suggesting that information about the qualifications of judges is not getting through to the people who choose them.

  • November 21, 2017

    Pa. Congressman Broke Law, Feds Say In Search Warrant Bid

    Federal prosecutors believe that U.S. Rep. Bob Brady, D-Pa., broke the law by making concealed payments to a rival in exchange for dropping out of a 2012 congressional primary, according to a search warrant unsealed Monday.

  • November 21, 2017

    Country Club Mgr. Loses Bid For $6M Crash Deal Coverage

    A pair of CNA Financial Corp. insurers don't have to cover country club manager Heathland Hospitality Group LLC's $6 million settlement of a lawsuit accusing it of overserving alcohol to a patron who later caused a fatal car accident, a Pennsylvania federal judge ruled Tuesday, finding that liquor liability policy exclusions apply to bar coverage.

  • November 21, 2017

    'Willfulness' In Civil FBAR Cases Comes Down To The Facts

    A judge’s recent decision to let a pharmaceutical CEO escape civil penalties for failing to report his Swiss bank account doesn’t necessarily signal that courts could be a reliable counterweight against the IRS’ dwindling sympathy, tax specialists say, but instead highlights the fact-dependent approach for determining willful nondisclosure.

  • November 21, 2017

    Pa. Justices Snub Appeal Over Revived Gas Lease Fight

    The Pennsylvania Supreme Court said Monday that it would not hear an appeal following a decision that revived a class action accusing Rex Energy Corp. of failing to pay bonuses that landowners say they’re owed over properties leased for gas drilling.

  • November 21, 2017

    Pa. Justices To Mull Evidence Allowed In Med Mal Cases

    The Pennsylvania Supreme Court said Monday it would hear arguments over whether evidence of the known risks and complications of medical procedures should have been allowed into a medical malpractice case against the University of Pittsburgh Medical Center over an allegedly botched hysterectomy.

  • November 21, 2017

    Ex-Pa. AG Kane Says Immunity Bars Retaliation Claims

    Pennsylvania’s disgraced former attorney general told a federal judge on Monday that her erstwhile position as a government official immunized her from claims lodged by a group of former investigators who are alleging that she used her position to retaliate against them.

  • November 21, 2017

    Pepper Hamilton Regains Life Sciences Duo In Philly

    Pepper Hamilton LLP announced Tuesday that it had lured back two Philadelphia attorneys who focus on transactional work in the life sciences industry from Hogan Lovells as partners, with one to take a leadership role in the firm’s growing health sciences department.

  • November 21, 2017

    Philly Lawyers Denied Tax Board Back Pay In Appeal

    A Pennsylvania appeals court ruled Tuesday that three Philadelphia lawyers, including a former state Supreme Court justice, who served on the city’s Board of Revision of Taxes were not entitled to back pay after their salaries were reduced by an ordinance later declared unconstitutional.

  • November 20, 2017

    Accused Ponzi Conspirator Can't Trim Charges, Judge Rules

    A Pennsylvania judge on Friday ruled that a man accused of helping run a $54 million Ponzi scheme must face charges of wire fraud and conspiracy to commit wire fraud, finding that a longer statute of limitations applies to the charges because the government sufficiently alleged his conduct affected a financial institution.

  • November 20, 2017

    Law Firm Shakes Foreclosure Fee Suit In Pa. Appeals Court

    A Pennsylvania appeals court said Monday that it would not revive class claims accusing Udren Law Offices PC of illegally collecting excessive fees in connection with mortgage foreclosure actions against homeowners.

  • November 20, 2017

    J&J Says Applicant Must Arbitrate Background Check Claims

    A Johnson & Johnson subsidiary urged a Pennsylvania federal judge Monday to order that a would-be employee must arbitrate claims that he unfairly lost his job offer due to a background check, noting she has already ordered the man to arbitrate his closely intertwined allegations against the staffing company that facilitated the hiring process.

  • November 20, 2017

    Gov't Defends Fuel Efficiency Penalty Delay At 2nd Circ.

    The federal government and an automakers group on Friday asked the Second Circuit to deny five Democratic attorneys general and a group of environmentalists’ request that it vacate a delay of an Obama-era rule raising the penalties for automakers that don’t meet fuel efficiency standards.

  • November 20, 2017

    Porter Wright Snags Ex-Jones Day Atty For Pittsburgh Office

    Porter Wright Morris & Arthur LLP has landed a former Jones Day partner to serve as a litigation partner in its recently launched Pittsburgh office.

Expert Analysis

  • Sham Affidavits In Medical Product Liability: Part 2

    James Beck

    When a witness says one thing in a deposition, but later offers an affidavit directly contradicting the prior testimony, with no credible explanation, the U.S. Supreme Court has held that the affidavit should be disregarded. James Beck of Reed Smith LLP offers a survey of significant medical product liability cases in which both plaintiffs' experts and plaintiffs themselves have contradicted their own prior statements.

  • Series

    Judging A Book: Kozinski Reviews 'The Judge'

    Judge Alex Kozinski

    In their new book, "The Judge: 26 Machiavellian Lessons," do Ronald Collins and David Skover prove their thesis that hypocrisy is the key to judicial greatness? Some of the examples they present are hard to dispute, says Judge Alex Kozinski of the Ninth Circuit.

  • Enviro Rights: What's The Public Trust Role In Pa.?

    Philip Hinerman

    The Pennsylvania Supreme Court's recent decision in Pennsylvania Environmental Defense Foundation v. Commonwealth of Pennsylvania has changed the discussion about the state’s so-called environmental rights amendment. Philip Hinerman and Adam Cutler of Fox Rothschild LLP examine issues raised in the case, such as what it means to be a public trustee, and the positions various groups are taking.

  • Sham Affidavits In Medical Product Liability: Part 1

    James Beck

    In the 20 years since the U.S. Supreme Court endorsed the sham affidavit doctrine — precluding creation of “genuine” factual issues by witnesses contradicting their own previous testimony — it has been important in many medical product liability cases, and practitioners should be aware of significant examples, says James Beck of Reed Smith LLP.

  • Financial Crisis Anniversary

    New Post-Recession Metrics For BigLaw Partner Success

    Peter Zeughauser

    After nearly a decade of recession-accelerated change in the legal industry, “merit-based” compensation has largely come to mean measuring attorney success using some combination of origination and working attorney hours metrics. However, there are signs that the real impact of the recession is still around the corner, and that building a book isn’t enough, says Peter Zeughauser of Zeughauser Group.

  • Opinion

    Time To Lift Student Loan Counseling Restrictions

    Christopher Chapman

    While it lends more than $100 million each year to our nation’s college students — including law students — the U.S. Department of Education surprisingly limits loan counseling to one-time entrance counseling for first-time student borrowers. Is this rational? asks Christopher Chapman, president of AccessLex Institute, a nonprofit focused on access to legal education.

  • New Jersey Whistleblower Protections: More Than Skin-Deep

    Matthew Stiff

    The Third Circuit recently reiterated its expansive interpretation of New Jersey state whistleblower protections when it revived a patent lawyer’s lawsuit against his former employer. Steven Trzaska’s victory should provide whistleblowers with greater assurance that they can investigate and oppose employer misconduct without fear of retaliation, says Matthew Stiff of Katz Marshall & Banks LLP.

  • Why Uber Drivers' On-Call Waiting Time May Be Compensable

    Thomas Dickerson

    A federal judge in Pennsylvania recently ruled that Uber drivers are "tethered to their phones while online," and that such "on-call" time may be compensable under federal law. The judge’s analysis is instructive on the issue of whether Uber drivers are employees or independent contractors, says retired New York State Supreme Court Associate Justice Thomas Dickerson.

  • Adapting To Equal Pay Laws In Flux

    Charles Thompson

    New legislation aimed at closing the pay gap between men and women may undo business practices that, even if benevolently motivated, result in disparate pay. Despite this laudable objective, these laws create a litany of challenges for employers and may necessitate a wholesale revision of policies and practices related to employee compensation, says Charles Thompson of Polsinelli.

  • 3 Strategies I Learned From LegalZoom

    Jeff Unger

    Critics of legal tech companies will often say, “Trust a reputable attorney that understands you, your situation and the law.” As an attorney, I wholeheartedly agree. But from the consumer’s perspective, the message seems out of touch with the digital age, says Jeff Unger, founder of the law firm eMinutes.