Pennsylvania

  • January 31, 2017

    Pa. Court Backs 2nd Med Mal Jury Verdict Clearing Doctor

    A Pennsylvania appeals court on Tuesday affirmed a second jury verdict clearing a doctor accused of failing to obtain informed consent from a patient prior to a back procedure, saying the trial court properly allowed certain expert testimony that the procedure didn’t qualify as surgery.

  • January 31, 2017

    Trump Nominates Judge Gorsuch For High Court Seat

    President Donald Trump on Tuesday nominated Tenth Circuit Judge Neil Gorsuch to fill a Supreme Court seat that has remained vacant since the death of Justice Antonin Scalia in February 2016, picking a well-respected figure in the conservative legal establishment who would restore the nation’s top bench to a Republican majority and likely break the recent spate of 4-4 ties.

  • January 31, 2017

    Tony Luke's Founder Gets Win In Dispute With Son

    One lawsuit in a bitter family dispute over the Tony Luke's brand was dismissed Monday when a New Jersey federal judge ruled that a business agreement barred trademark claims brought by one son against the patriarch who founded the Philadelphia-based sandwich empire.

  • January 31, 2017

    Salvation Army, Building Owner Blamed In Philly Collapse Trial

    A Philadelphia jury on Tuesday pinned blame on the Salvation Army and a property owner for a fatal demolition accident that saw a four-story wall collapse onto a neighboring thrift store operated by the charity.

  • January 31, 2017

    American Airlines Pilots Denied TRO In Seniority Suit

    A Pennsylvania federal judge on Tuesday denied a temporary restraining order to a proposed class of American Airlines pilots who sought to prevent the airline from implementing a new integrated seniority list as a consequence of its merger with US Airways.

  • January 31, 2017

    Young Immigrants May Transfer To Public School: 3rd Circ.

    The Third Circuit on Monday upheld an injunction ordering that a group of young immigrants be allowed to transfer to a different Pennsylvania public school to better accommodate their needs to learn English as a second language.

  • January 31, 2017

    Hospital Beats Med Mal Claims Over Baby's Brain Damage

    After a four-day jury trial in Pennsylvania federal court, a Philadelphia-area hospital has won a medical-malpractice suit claiming that a botched delivery and the use of the drug Pitocin caused shoulder dystocia and neurological damage in the baby.

  • January 31, 2017

    3rd Circ. Denies Robert Half Workers' Class Arbitration

    The Third Circuit on Monday upheld a judgment against a proposed collective action of Robert Half International Inc. workers, saying the district court got it right when it that found that the staffing agency can address employees’ overtime claims in individual arbitration, rather than on a classwide basis.

  • January 31, 2017

    Pa. Atty. Disbarred For Mishandling Client Funds

    A suburban Philadelphia attorney was disbarred by the Pennsylvania Supreme Court on Monday after he was found to have misappropriated or otherwise mishandled hundreds of thousands of dollars in client funds.

  • January 31, 2017

    Indivior Must Face Suboxone Product-Hop Suit, States Say

    More than 40 states suing Indivior PLC in a Pennsylvania federal court over allegations of delaying the introduction of a generic competitor to Suboxone argued Monday that a recent Third Circuit decision on product hopping does not support dismissing the suit.

  • January 30, 2017

    Small Pharmacies Seek Redo In Medco Antitrust Row

    Independent and chain pharmacies that have accused Medco and other pharmacy benefit managers of suppressing competition by paying them less than chains for drug sales in multidistrict litigation asked a Pennsylvania federal judge Monday to rethink denying them class certification.

  • January 30, 2017

    Customers Bank Slams $100M Suit Over Racketeering Claims

    Customers Bank urged a Pennsylvania judge on Monday to dismiss a $100 million lawsuit lodged by the developer of a scrapped suburban Philadelphia medical campus alleging that he was targeted with frivolous federal racketeering claims.

  • January 30, 2017

    Starkist Says Rival's Anthropomorphic Tuna Crossed IP Line

    StarKist Co. accused a Mexican company of ripping off its iconic cartoon fish man, Charlie the Tuna, with its own anthropomorphic sea figure that will confuse shoppers into thinking the canned fish flakes are Charlie-endorsed, according to a trademark infringement suit filed Friday.

  • January 30, 2017

    Pa. Pol's Vote-Buying Charges Headed To Jury

    A Pennsylvania federal jury is poised to begin deliberating whether a state senator bribed a local Democratic party figure to support his pursuit of a Philadelphia ward leader position, after the judge presiding over the case declined to scrap the indictment on Monday.

  • January 30, 2017

    Pa. Federal Jury Awards Couple $14.5M Over Birth Injury

    A Pennsylvania federal jury on Friday awarded a couple $14.5 million following a medical malpractice trial, finding that an obstetrician provided negligent medical care that caused a baby’s brain damage, cerebral palsy and other permanent ailments.

  • January 30, 2017

    American Airlines Pilots Sue Over Seniority Rankings

    A group of American Airlines pilots launched a class action on Friday alleging that they received the short end of the stick in arbitration proceedings aimed at determining seniority as the workforce integrated with pilots brought on board following the company’s merger with US Airways.

  • January 30, 2017

    Philly Lawyer Settles Suit Over Banquet Food Poisoning

    A Pennsylvania judge on Friday approved a Philadelphia attorney’s undisclosed settlement with a Chinese restaurant, resolving allegations that she was sickened by the Chinatown restaurant, which hosted a banquet held by a Temple University Beasley School of Law student group, just days before the dispute was to go to trial.

  • January 30, 2017

    3rd Circ. Upends Email Ruling In $688M Loan Scheme Suit

    The Third Circuit ruled in a published opinion Friday that a lower court erred by allowing a grand jury to view an email from a Pennsylvania man facing a federal indictment over a $688 million payday loan scheme, finding attorney-client privilege applies because the email didn't spur fraudulent activities.

  • January 30, 2017

    FTC Deceived Court On Pay-For-Delay Suit, Watson Says

    The U.S. Federal Trade Commission has misled a Pennsylvania federal court about its plans to refile a pay-for-delay lawsuit against Watson Laboratories Inc. to dodge questions about its authority to bring the suit, and the court should consider claims challenging that authority, Watson said Friday.

  • January 30, 2017

    Duane Morris Looks To Dodge $625M Malpractice Claim

    Duane Morris LLP urged a Pennsylvania judge on Friday to toss a $625 million legal malpractice suit that alleged the firm wrongfully ditched its client’s appeal over a collapsed $175 million deal to install a fiber optic cable from Miami to countries in the Caribbean, saying the firm never agreed to represent the plaintiff.

Expert Analysis

  • High Court Ruling In Jevic Likely To Be Narrow

    Cathleen C. Moore

    Although the justices’ questions at oral argument suggest that the U.S. Supreme Court may well reverse the Third Circuit ruling in Czyzewski v. Jevic — which approved a structured dismissal of a Chapter 11 case — the court seemed well aware of the far-reaching implications that a broad holding could have on Chapter 11 practice, say Cathleen Moore and James Thurman of Bradley Arant Boult Cummings LLP.

  • Are Courts In The Discovery Driver’s Seat?

    Cristin K. Traylor

    I recently asked a panel of four federal court judges whether they expect courts to start taking a more active role in e-discovery. They answered with a resounding yes. However, their responses left me wondering whether courts are actually taking a more active role in discovery since the Federal Rules of Civil Procedure amendments took effect in December 2015, says Cristin Traylor of McGuireWoods LLP.

  • Key Trade Secret Developments Of 2016: Part 1

    Randy Kahnke

    This year brought significant developments in trade secret law, the most important of which was the passage of the long-awaited federal Defend Trade Secrets Act. In the few months since the act took effect, litigants have already asserted DTSA claims in more than 75 federal cases, say attorneys with Faegre Baker Daniels LLP.

  • A Trademark Year In Wine And Beer 2016: Part 2

    David Kluft

    David Kluft of Foley Hoag LLP continues his summary of beer and wine trademark disputes from 2016, in the second part of this five-part series.

  • The Path To The California Bench

    Judge George F. Bird

    Ever consider applying for a judicial appointment in California? Get the lay of the land from Judge George Bird of the Los Angeles Superior Court and Kimberly Knill, a senior appellate court attorney for the California Court of Appeal. Additionally, hear what several recent appointees to the LA Superior Court thought of the judicial selection process.

  • Act 13 And Pennsylvania Fracking: The Drama Continues

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    Four years ago, the Pennsylvania General Assembly passed Act 13 of 2012, a comprehensive updating of the Commonwealth's oil and gas development laws. Its passage spurred the Pennsylvania Department of Environmental Protection to tighten regulations on hydraulic fracturing. But legal challenges to both Act 13 and the ensuing regulations are advancing at a rapid pace, says Michael Reer of Harris Finley & Bogle PC.

  • 3 Tips To Avoid Being On The Outs With In-House Counsel

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    When trial lawyers fail to recognize the unique challenges faced by in-house counsel, it jeopardizes not only the outcome of the case, but also the opportunities for future representation. These few simple strategies are hardly rocket science, but they are too often neglected, says Matthew Whitley
 of Beck Redden LLP.

  • A Trademark Year In Wine And Beer 2016: Part 1

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    Are you looking to avoid talking about politics at your annual seasonal gathering with friends and family? David Kluft of Foley Hoag LLP has you covered, with over 150 diversionary legal anecdotes about this year's biggest beer and wine trademark dispute cases.

  • The Horrible Conflict Between Biology And Women Attorneys

    Anusia Gillespie

    Women leave law firms for many of the same reasons men do, but also face challenges including headwinds with respect to assignment delegation and social outings, as well as potential disruptions if they choose to have children. Firms can increase investment in talent management and improve retention and engagement of women attorneys, says Anusia Gillespie of Banava Consulting.

  • Causation At Center Of Pennsylvania Asbestos Ruling

    Jennifer Cree

    The Pennsylvania Supreme Court's recent ruling in Rost v. Ford Motor Co. leaves asbestos defendants — especially low-dose asbestos defendants — in a precarious situation in the state. The court appears to have approved conclusory opinions as satisfaction of a plaintiff’s burden to establish substantial factor causation, and sanctioned the trial court’s improper consolidation of unrelated same-disease asbestos cases without conseque... (continued)