Pennsylvania

  • March 8, 2017

    Feds Charge Ukrainian With Exporting Military Gear From NY

    Federal authorities on Tuesday charged a Ukrainian citizen living in the U.S. in New York federal court with conspiring to illegally ship export-controlled military technology to Ukraine.

  • March 8, 2017

    Medical Residents Can Sue Under Title IX, 3rd Circ. Rules

    The Third Circuit on Tuesday revived an unnamed former medical resident’s retaliation suit against Mercy Catholic Medical Center in Philadelphia alleging she was forced out of the program for denying a superior’s sexual advances, finding the hospital is subject to Title IX.

  • March 8, 2017

    Drug Cos., Eye Drop Users Spar Over 7th Circ. Toss

    Pfizer, Merck and others urged the Third Circuit on Wednesday to throw out a suit accusing the drugmakers of boosting prescription eye drop sales by using bottles that dispensed bigger-than-needed drops, arguing that the Seventh Circuit recently tossed similar claims.

  • March 8, 2017

    Judge's Stake In Case Warranted Recusal, Pa. Justices Told

    A suburban Philadelphia judge’s financial stake in a $1.7 million contract dispute presided over by a colleague came under scrutiny Wednesday as the Pennsylvania Supreme Court heard arguments over whether the case should have prompted recusal.

  • March 8, 2017

    Gym Chain's 'Robocalls' Violated The TCPA, 3rd Circ. Told

    The Work Out World Inc. customers who received prerecorded sales calls on their cellphones suffered damages in the form of lost space on their voicemail memory and time spent listening to the messages, an attorney representing the gymnasium’s customers in their putative class action told the Third Circuit Wednesday.

  • March 8, 2017

    FTC Looks To Bar Ex-Patent Atty's Testimony In Androgel Suit

    The Federal Trade Commission on Tuesday asked a Pennsylvania federal judge to strike an expert report and prevent the testimony of a retired Covington & Burling LLP patent attorney, arguing that the former partner is acting as a defense counsel from the witness stand.

  • March 8, 2017

    Honeywell Denied Sanctions, Rebuked For Spying On Rival

    A Pennsylvania federal judge on Wednesday denied Honeywell International Inc.’s bid for sanctions against AlarMax Distributors Inc. in a price discrimination and breach of contract suit and barred the company from engaging in any further surveillance of individuals associated with the security products distributor.

  • March 8, 2017

    Enviros Fight Army Corps OK Of Pa. Pipeline At 3rd Circ.

    The Delaware Riverkeeper on Tuesday urged the Third Circuit to overturn a Clean Water Act permit for a Kinder Morgan Inc. unit's pipeline project in Pennsylvania issued by the U.S. Army Corps of Engineers and asked the Federal Energy Regulatory Commission to halt construction until the appeals court weighs in.

  • March 8, 2017

    3rd Circ. Slams Judges, Revives Inmate's Med Mal Suit Again

    The Third Circuit revived some claims for the third time Tuesday in a prisoner’s suit claiming that multiple prison officials were indifferent to his medical emergencies, and scolded lower court judges for generalizing that all prisoner medical malpractice suits are frivolous.

  • March 8, 2017

    Pa. Justices Urged To Bar Gas Well In Residential Zone

    Pennsylvania’s highest court was urged during oral arguments on Wednesday to throw out a Lycoming County municipality’s decision to greenlight gas drilling in a residential zoning district.

  • March 7, 2017

    Airport Worker's Break Can't Bar Benefits Over Leg Injury

    A Pennsylvania appeals court said Tuesday that the temporary break an airport worker took to rendezvous with her mother did not bar her from receiving workers’ compensation benefits from Starr Aviation after a baggage cart she was driving upended and crushed her leg, resulting in its amputation.

  • March 7, 2017

    Montgomery McCracken Nabs Ex-Buchanan Ingersoll Litigator

    Montgomery McCracken Walker & Rhoads LLP has landed a former Buchanan Ingersoll & Rooney PC trial lawyer with a wide-ranging litigation practice to serve as a partner in its Philadelphia office.

  • March 7, 2017

    Feds, Drug Return Co. Spar Over Law Professor's Testimony

    Guaranteed Returns on Tuesday defended its request to have a University of Pennsylvania Law School professor testify about whether the drug return company’s contracts allowed it to keep $116 million worth of refunds from pharmaceutical manufacturers, even though federal prosecutors maintain her testimony is barred because it draws a conclusion on the case.

  • March 7, 2017

    Pa. Auditor Says Marijuana Can Help Close Budget Shortfall

    Pennsylvania's auditor general called for the full legalization, and taxation, of marijuana Monday as a way to tackle the state's projected $3 billion budget shortfall and to address the social and fiscal costs of policing the drug and pursuing criminal charges against users.

  • March 7, 2017

    Ex-Congressman's Son Says Leaks Tanked His Defense Fund

    The son of ex-U.S. Rep. Chaka Fattah told the Third Circuit during oral arguments on Tuesday that information leaked to a newspaper about a federal investigation that ended with his conviction on bank fraud charges left him jobless and unable to afford counsel to defend him at trial.

  • March 7, 2017

    Survival Claims Came Too Late, Pa. Justices Hear

    An attorney for the Albert Einstein Healthcare Network told the Pennsylvania Supreme Court on Tuesday that a trial judge erred in letting a jury award $1 million to the family of a woman who suffered bedsores and other ailments before her death in a nursing home, saying the statute of limitations was misapplied.

  • March 7, 2017

    Appeal Of Birth Defect Liability Cap Too Early, 3rd Circ. Says

    The Third Circuit on Monday dismissed an appeal of a New Jersey federal court’s decision capping a health clinic’s liability at $250,000 for allegedly failing to screen a pregnancy for a developmental defect, ruling that the decision to cap damages was not yet a final enough decision to be appealed.

  • March 7, 2017

    Judge Keeps Most Claims In $42M Pipeline Damages Suit

    A Pennsylvania federal judge on Monday allowed most of the remaining contract dispute claims from an oilfield and pipeline company’s $42 million suit against Access Midstream Partners LP and Chesapeake Energy Co. to remain as the case heads toward trial, ruling that factual disputes prevented judgment from being granted.

  • March 6, 2017

    Pa. Gas Zoning Row May Spur New Permit Review Standards

    A dispute over gas drilling in a residential area that's slated for argument before the Pennsylvania Supreme Court on Wednesday could lead to a decision forcing state and local regulators to more rigorously consider constitutionally enshrined environmental protections when weighing permit challenges.

  • March 6, 2017

    GM Sues Asbestos Trusts In Del., Pa., NY For Worker Payout

    General Motors LLC sued asbestos trusts in Delaware, New York and Pennsylvania bankruptcy courts on Monday, seeking recovery of trust money paid to the estate of an employee who also received payments from the automaker to settle asbestos exposure claims.

Expert Analysis

  • Avoiding The Hidden Costs Of Bargain-Priced E-Discovery

    Michael Cousino

    Many organizations are interested in finding electronic discovery partners who offer tantalizingly low prices for electronic discovery services. However, unforeseen gaps, lax security practices, ignorance of global practices and delayed deliverables can all add up to a surprisingly large final cost, says Michael Cousino of Epiq Systems.

  • What Trump High Court Candidates Say About 1st Amendment

    Gayle C. Sproul

    As media advocates, we wondered how President-elect Donald Trump's soon-to-be-announced U.S. Supreme Court nominee might react to Trump’s vow to shred the hard-won protections now embedded in the law of libel. We found that none of the opinions from judges on his shortlist hint at any inclination to depart from these established rules, say Gayle Sproul and Max Mishkin of Levine Sullivan Koch & Schulz LLP.

  • The Return Of Patent Opinion Letters

    Matthew A. Werber

    Court rulings in the six months since the U.S. Supreme Court's Halo decision reveal a trend — defendants are more incentivized to seek and rely on timely advice from counsel on noninfringement and invalidity. In 2017, more clients will be seeking formal opinion letters and taking remedial actions early on, says Matthew Werber of SpencePC.

  • Saving Lawyers 1 Breath At A Time: Mindfulness In The Law

    Jennifer Gibbs

    As critical as lawyers are to society, they are reported to be the most frequently depressed occupational group in the United States. In response to the inherently stressful nature of the practice of law, more and more lawyers are turning to an ancient contemplative practice called “mindfulness,” says Jennifer Gibbs of Zelle LLP.

  • Understanding How Blockchain Could Impact Legal Industry

    R. Douglas Vaughn

    Blockchain is essentially a computerized public ledger that can apply to almost anything that a person might save into a database or spreadsheet. This versatile technology may enhance the legal industry by providing an improved record keeping system, setting up "smart contracts" and tracking intellectual property and land records, say R. Douglas Vaughn and Anna Outzen of Deutsch Kerrigan LLP.

  • State Attorneys General Play Growing Data Privacy Role

    Jasen Eige

    State attorneys general play an active role in data privacy and security, bringing evolving state laws and broad consumer protection authority to bear on changing technologies and threats. Private sector custodians of personal data such as retailers, financial institutions, technology companies and health systems must understand the role of state attorneys general before a crisis occurs, say Jasen Eige and Kassie Schroth of McGuireWoods LLP.

  • Door Closing On 'Unavailability' Insurance Exception: Part 1

    Scott M. Seaman

    Over the last 20 years, policyholders have often tried to use the "unavailability of insurance" exception to counteract the consequences of pro rata allocation, but recent activity suggests that the exception is losing support even in the few jurisdictions that have recognized it, says Scott Seaman of Hinshaw & Culbertson LLP.

  • In Congress: Obamacare, The Cabinet

    Hertling_Richard_Covington.jpg

    Republican leaders in Congress plan to take the initial steps toward repealing and replacing Obamacare this week, hoping to deliver on the campaign promises made by most Republicans over the past six years and by President-elect Trump during the 2016 election cycle, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • The Sky's The Limit For Public-Private Aerial Transit

    Frank Rapoport.jpg

    Aerial tramways have been used in a number of U.S. cities for public transport in recent years. Now, aerial gondola lifts are being considered for moving commuters and tourists in New York City, Miami, Philadelphia, Chicago and elsewhere, and the public-private partnership model is emerging as a favored way of delivering and maintaining these green and cost-efficient systems, says Frank Rapoport of Peckar & Abramson PC.

  • Time To Reopen Some DOJ Antitrust Field Offices

    Robert E. Connolly

    President-elect Donald Trump has pledged to spend up to $1 trillion upgrading America’s infrastructure. To help ensure that money is spent free from corruption, the incoming administration should reopen at least two of the four Antitrust Division field offices that were shuttered in January 2013, says Robert Connolly of GeyerGorey LLP.