Pennsylvania

  • July 28, 2017

    Ex-Pa. Rep.'s Son Loses Bid For $5M Press Leak Damages

    A Pennsylvania federal judge said Thursday that the son of convicted former U.S. Rep. Chaka Fattah had no valid claim for pay he says he lost after being fired in the wake of a press leak over a warrant the FBI executed on his home prior to his own indictment for misappropriating education funds.

  • July 28, 2017

    Verizon Settles With Strike Replacements To Exit OT Suit

    Verizon Communications Inc. has settled out of a proposed class action filed in Pennsylvania federal court claiming that the telecom giant and subcontractors misclassified workers hired to fill in for striking employees as independent contractors to stiff them on overtime pay.

  • July 28, 2017

    Paterno Ruling Highlights Broad Pa. Work Product Protections

    A Pennsylvania appeals court's recent decision scaling back the scope of discoverable documents in a defamation suit stemming from Penn State University's internal probe of the Jerry Sandusky sex abuse scandal is being hailed by attorneys as a critical affirmance of the state's broad protection of attorney work product.

  • July 28, 2017

    3rd. Circ. Won't Revive H-1B Worker's Suit Against Law Firms

    The Third Circuit on Friday refused to revive an H-1B worker’s second suit against his former lawyers, whom he accused of acting against his interests in an employment dispute, saying that the instant suit was just rehashing claims that had already been dismissed and did not offer necessary facts to support the case.

  • July 28, 2017

    Drexel Seeks Sanctions Against Magic Johnson Food Co.

    Drexel University asked a Pennsylvania federal court Thursday to sanction a food services company connected to Earvin “Magic” Johnson in a dispute over a contract to operate the university’s dining facilities, asserting that the company’s claims should be trimmed for failing to produce documents showing how it would lose $15 million in future profits. 

  • July 28, 2017

    Judge Says Dick's Burst Ball Coverage Suit Belongs In China

    A suit by Dick’s Sporting Goods against a Chinese insurer seeking coverage for personal injury claims involving a burst exercise ball belongs in Chinese court, a Pennsylvania federal court said Friday, because of a clear forum-selection clause in the insurance contract.

  • July 28, 2017

    Skanska Says SugarHouse Owes $14M For Casino Expansion

    Construction firm Skanska USA contends that the owners of Philadelphia’s SugarHouse casino still owe over $14 million from a $164 million expansion of the facility, according to a recent lawsuit filed in Pennsylvania state court.

  • July 27, 2017

    Vendors Ink $9M Deal Over Gifts To Pa. Liquor Officials

    Federal prosecutors said Thursday that four vendors have agreed to pay a total of $9 million in penalties over gifts provided to Pennsylvania Liquor Control Board officials, nearly two years after the agency’s ex-marketing director copped to charges stemming from a related kickback scheme.

  • July 27, 2017

    Allentown Mayor, Atty Plead Not Guilty To Pay-To-Play Scheme

    The mayor of Allentown, Pennsylvania, and a city Norris McLaughlin & Marcus PA attorney both pled not guilty to federal charges alleging a pay-to-play scheme in Pennsylvania federal court Thursday and were released on $50,000 bail.

  • July 27, 2017

    Pa. Senate Passes Bill To Tax Shale Gas, Online Vendors

    Pennsylvania’s state Senate on Thursday passed a funding measure that includes a 2 percent levy on natural gas drillers and would close a tax loophole for vendors who sell products on online marketplaces in an effort to resolve an impasse over how to fund the state’s $32 billion budget for the current fiscal year.

  • July 27, 2017

    Kohl's Wants Out Of Credit Card Forgiveness Class Action

    Kohl’s Department Stores Inc. on Thursday urged a Pennsylvania federal judge to find it could not be held liable in a putative class action over an allegedly worthless program allowing forgiveness of certain debt on credit cards issued by the retailer.

  • July 27, 2017

    CMS Extends Ban On New Ambulance Suppliers To Beat Fraud

    The Centers for Medicare & Medicaid Services added another six months to its existing ban preventing non-emergency ambulance suppliers and home health care agencies in six states from enrolling in Medicare and Medicaid as part of an ongoing effort to combat fraud, according to a Thursday notice.

  • July 27, 2017

    Pa. Court Clears UPMC In Failed Liver Transplant Suit

    A Pennsylvania appellate court declined to revive a suit accusing the University of Pittsburgh Medical Center of knowingly transplanting a diseased liver from a son to his mother, saying that the case was time-barred and rejecting arguments that the statutory window for bringing such claims was unconstitutional.

  • July 26, 2017

    American Airlines Can't Escape Negligent Supervision Row

    A Pennsylvania federal court refused Wednesday to let American Airlines duck allegations that it negligently supervised a male employee who assaulted a female co-worker in a break room after he had sexually assaulted her in her home and she had obtained an order blocking him from interacting with her at work.

  • July 26, 2017

    Aetna Faces Investor Suit Over ACA Marketplace Withdrawal

    Aetna Inc. was slapped with a putative class action in Pennsylvania state court on Tuesday alleging that it cost investors $1.7 billion by withdrawing from Affordable Care Act insurance exchanges to make good on threats aimed at coercing government approval of its now-defunct merger with Humana Inc.

  • July 26, 2017

    Pa. Mayors, Norris McLaughlin Atty Charged Over Pay-To-Play

    The current mayor and former mayor of Pennsylvania’s third- and fifth-largest cities, respectively, were hit Wednesday with federal charges in two separate pay-to-play schemes, alongside three others, including a member of law firm Norris McLaughlin & Marcus PA.

  • July 26, 2017

    CEO Accuses Prosecutor Of Using Fraud To Get Guilty Plea

    The former CEO of defunct bottling company Le-Nature's Inc., who pled guilty in 2011 to defrauding banks and investors out of $660 million and was sentenced to 20 years in prison, attempted Tuesday in Pennsylvania federal court to withdraw his plea by accusing a U.S. Department of Justice lawyer of defrauding the court.

  • July 26, 2017

    Philly's Centre Square Office Complex Trades In $328M Deal

    Real estate investment trust Equity Commonwealth has sold Centre Square in Philadelphia, a two-building, 1.8-million-square-foot office complex, to Nightingale Properties LLC in a $328 million deal, according to a statement Tuesday from CBRE Capital Markets, which arranged the sale.

  • July 26, 2017

    UPMC Loses Appeal Bid In $300M Overbilling Arbitration Row

    The Pennsylvania Supreme Court said Tuesday it would not hear an appeal of a decision finding that the University of Pittsburgh Medical Center could not force Highmark Inc. into arbitration in a $300 million lawsuit accusing the health care giant of overbilling for chemotherapy drugs and services.

  • July 26, 2017

    Pa. Justices Snub Appeal Over Atty's $45K Sanction

    The Pennsylvania Supreme Court said Tuesday it would not hear an appeal of a decision upholding a nearly $45,000 sanction on a defense attorney who sent a purportedly intimidating letter to the employer of an opponent’s expert witness in a closely watched medical malpractice case.

Expert Analysis

  • Opinion

    Justice Kennedy's Moderating Influence On The High Court

    Nan Aron

    The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.

  • How Pennsylvania Made Water System Sales Easier

    Thomas Wyatt

    The capital costs and regulatory requirements of providing safe and reliable water and wastewater service continue to increase. Pennsylvania's Act 12 provides a valuable new tool for municipalities wishing to monetize those assets and redeploy the proceeds, and the recent sale of New Garden Township's wastewater system is a case in point, say attorneys with Dilworth Paxson LLP.

  • Weekly Column

    Innovating For Wise Juries: Juror-Posed Questions

    Roy Futterman

    One way to combat juror confusion and boredom is to allow jurors to ask witnesses questions. No federal evidentiary or court rule prohibits it, and every federal circuit court to address the practice has held it permissible, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • What DOJ Investigation Means For Generic Drug Plaintiffs

    Jason Dubner

    Last month, over 80 named plaintiffs whose antitrust claims were consolidated in Philadelphia learned that discovery in their cases will be stayed until August pending a U.S. Department of Justice investigation into the generic pharmaceutical industry. Despite the delay, plaintiffs can use the next several months productively to strengthen their cases, say attorneys with Butler Rubin Saltarelli & Boyd and Adams Holcomb LLP.

  • Tips For Complying With ABA’s New Encryption Guidance

    Nick Holda

    Last month, the American Bar Association published revised guidance regarding an attorney’s duty to protect sensitive client material in light of recent high-profile hacks. The first step in compliance is understanding how your data is being stored and accessed. There are three key questions you should ask your firm’s information technology staff and/or external solution vendors, says Nick Holda of PreVeil.

  • Weekly Column

    Innovating For Wise Juries: Preliminary Instructions

    Richard Lorren Jolly

    One of the easiest ways to improve civil jury trials is to give juries substantive instructions on the law at the beginning of the trial rather than at its conclusion. It is also one of the most popular proposals we are recommending, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Due Diligence From The Lateral Partner’s Perspective

    Howard Flack

    Lateral candidates looking to make the last — or perhaps only — move of their career cannot afford to just stand by and let a law firm’s vetting process unfold on its own, says Howard Flack, a partner at Volta Talent Strategies who previously led lateral partner recruiting and integration at Hogan Lovells.

  • Lateral Partner Due Diligence: Where Should A Firm Begin?

    Howard Flack

    One frequently hears from leading malpractice insurers that one of the highest risk categories for law firms is that of lateral partners not sufficiently vetted during the recruitment process, says Howard Flack, a partner at Volta Talent Strategies Inc. who previously led lateral partner recruiting and integration at Hogan Lovells.

  • Weekly Column

    Innovating For Wise Juries: Setting Trial Time Limits

    Stephen Susman

    This is the second in a series of articles discussing ideas proposed by the NYU School of Law Civil Jury Project to resuscitate the American jury trial. In this article, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman argue for setting early and strict time limits in civil jury trials.

  • Opinion

    Big Business Lobby Tries To Hobble Litigation Finance, Again

    Allison Chock

    In its most recent petition advocating mandatory disclosure of litigation finance, the U.S. Chamber of Commerce simply rehashes the same arguments from its previous failed efforts to convince the Committee on Rules of Practice and Procedure of the dire implications of undisclosed funding relationships, say members of IMF Bentham Ltd.