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Pennsylvania

  • June 7, 2018

    Schlichtmann Must Face Avandia Settlement Malpractice Row

    Jan Schlichtmann, the attorney whose work repping Massachusetts residents inspired the book “A Civil Action,” must continue to fight claims he botched a $2 million settlement designed to repay GlaxoSmithKline for money improperly disbursed to a plaintiffs attorney in multidistrict litigation over the diabetes drug Avandia, a Pennsylvania federal judge has ruled.

  • June 7, 2018

    Hospital System Shorts Employees On Overtime, Pa. Suit Says

    Trinity Health Corp. and two of its subsidiaries have been slapped with a putative collective action in Pennsylvania federal court alleging workers paid by the hour don’t receive enough overtime compensation, in violation of state and federal wage-and-hour laws.

  • June 7, 2018

    Senate Panel OKs 9th Circ. Pick Over Home-State Objections

    The Senate Judiciary Committee advanced another of President Donald Trump’s picks for the Ninth Circuit Thursday, despite objections from Democrats who said it breached the “blue slip” tradition of deference to home-state senators.

  • June 6, 2018

    Wendy's Data Breach Claims To Be Governed By Ohio Law

    A Pennsylvania federal judge on Wednesday accepted a magistrate’s recommendation that a lawsuit against fast-food chain Wendy’s by a group of financial institutions in 16 states be governed by Ohio law for negligence claims involving a 2016 payment card data breach.

  • June 6, 2018

    Walgreen, Kroger Join J&J's Remicade Antitrust Brawl

    Pharmacy giants Walgreen Co. and The Kroger Co. on Wednesday sued Johnson & Johnson in Pennsylvania federal court, accusing it of compelling insurers not to cover biosimilar versions of the blockbuster immunosuppressant Remicade, adding to J&J’s headaches in a closely watched antitrust battle.

  • June 6, 2018

    Wyndham Customer Stands Behind Claims In Resort Fees Suit

    Two Wyndham companies can’t shake claims that their websites violate New Jersey’s Truth in Consumer Contract, Warranty and Notice Act, a patron argued Tuesday, saying a recent decision by the state’s high court doesn’t kill part of his proposed class action accusing the hotel giant of sneaking resort fees onto room prices.

  • June 6, 2018

    Pa. House OKs New Conventional Drilling Rule Framework

    A divided Pennsylvania House of Representatives has given its approval to a bill that critics say would roll back key environmental regulations on conventional oil and gas operations in the state.

  • June 6, 2018

    Fosamax Users Urge High Court To Turn Down Merck Appeal

    Fosamax users on Tuesday urged the U.S. Supreme Court not to hear Merck’s appeal of a Third Circuit decision reviving multidistrict litigation over the pharmaceutical giant's alleged failure to warn about its osteoporosis drug, saying that the case doesn’t meet the court’s usual standard for review.

  • June 6, 2018

    3rd Circ. Rules Construction Co.'s Coverage Case Falls Short

    The Third Circuit has upheld a lower court ruling that an insurer does not have to cover a carpentry subcontractor for faulty workmanship claims, saying the claims in question arise from the subcontractor’s own work and not the other subcontractors on the project.

  • June 6, 2018

    Senate Panel Advances Buchanan Ingersoll Vet For 3rd Circ.

    The Senate Judiciary Committee pushed forward with the Third Circuit nomination of Buchanan Ingersoll & Rooney PC shareholder David J. Porter, holding a confirmation hearing Wednesday despite Democrats’ criticisms of his record and lack of home-state support.

  • June 6, 2018

    Supplement Maker Can't Prove Consent Judgment Violated

    A Pennsylvania federal judge has ruled that, despite a dietary supplement maker's allegations that a Florida-based pharmaceutical company had continued to sell a knock-off version of one of its products after a settlement agreement was finalized, there is insufficient evidence the Florida company violated a court order.

  • June 6, 2018

    Philly Lands Win In DOJ Immigration Fight Over Grant Funds

    A Pennsylvania federal judge on Wednesday sided with the city of Philadelphia in its bid to keep U.S. Attorney General Jeff Sessions from withholding critical federal funding unless the city agreed to cooperate with immigration officials.

  • June 6, 2018

    Ex-Walmart Asst. Managers Denied Class Cert. In Wage Row

    A Pennsylvania federal judge has denied class certification in a suit brought by former Walmart assistant managers who claim the retail giant manipulated their job titles to avoid paying overtime, ruling that their experiences varied too much for a class to be practical.

  • June 6, 2018

    Montgomery McCracken Faces $620M Suit For Toxic Tort Work

    Montgomery McCracken Walker & Rhoads LLP is facing a $620 million class action in Pennsylvania federal court over allegations the firm botched efforts to collect toxic tort damages owed to neighbors of a Kerr-McGee Corp. plant for claims brought before the company filed for bankruptcy.

  • June 5, 2018

    Dem AGs Urge CFPB To Keep Complaint Database Open

    A coalition of 14 state attorneys general urged the Consumer Financial Protection Bureau on Monday to maintain public access to its consumer complaint database on the financial industry, joining a chorus of lawmakers and enforcers who say the database is vital for spotting problems in the industry.

  • June 5, 2018

    Egg Farmers' Obscure Defense Cracks In Price-Fixing MDL

    A Pennsylvania federal judge ruled Tuesday that egg producers can't use an obscure 1922 statute that protects farmers from antitrust laws to escape claims in a multidistrict-litigation trial alleging they conspired to fix egg prices, saying the defendants don't qualify for the century-old law's protection.

  • June 5, 2018

    VC-Backed Verrica Pharmaceuticals Joins June IPO Parade

    Verrica Pharmaceuticals Inc., a venture-backed medical technology company developing treatments for skin diseases and warts, launched an estimated $75 million initial public offering on Tuesday, joining at least five companies lining up offerings to price next week.

  • June 5, 2018

    3rd Circ. Revives Suit Of Nurse Fired After Vaccine Refusal

    A Third Circuit panel on Tuesday revived a Mount Nittany Medical Center nurse’s suit claiming she was axed because she wouldn’t get a required vaccine for tetanus, diphtheria and pertussis, saying her claims were sufficient to survive a dismissal bid.

  • June 5, 2018

    Ropes & Gray Guides Hamilton Lane To $900M Fund Closing

    Alternative investment management firm Hamilton Lane, with assistance from legal adviser Ropes & Gray LLP, has clinched its latest credit-focused fund after collecting about $900 million from investors, according to a Tuesday statement.

  • June 5, 2018

    Buchanan Ingersoll Adds Energy Litigator In Pittsburgh

    Buchanan Ingersoll & Rooney PC has hired an experienced energy litigator to join its energy section as shareholder in the firm's Pittsburgh office.

Expert Analysis

  • Big Changes Ahead For Renewable Fuel Standard

    Joel Beauvais

    The Renewable Fuel Standard has been the center of sustained policy discussion and resulting uncertainty during the first year of the Trump administration. Joel Beauvais and Steven Croley of Latham & Watkins LLP analyze recent developments with a focus on the legal framework and implications for the RFS program.

  • Rule 23 Changes: Avoid Delays In Class Settlement Approval

    Shandarese Garr

    Among the proposed amendments to Rule 23 of the Federal Rules of Civil Procedure, which are scheduled to take effect Dec. 1, are specific requirements related to “front-loading.” They outline the process for seeking preliminary court approval of class action settlements and related notice plans, say Shandarese Garr and Niki Mendoza of Garden City Group LLC.

  • Trespass By Fracking: Pennsylvania Court Weighs In

    L. Poe Leggette

    Reversing a lower court's motion for summary judgment, the Superior Court of Pennsylvania recently held that trespass and conversion claims arising from a hydraulic fracturing operation are not precluded by the rule of capture. The case raises unsettling questions for oil and gas operators, say L. Poe Leggette and Jasper Mason of BakerHostetler.

  • Best Practices For Building A Better Meeting

    Nicholas Cheolas

    How can we improve meetings in the legal industry, which tends to evolve with the speed of a tranquilized water buffalo mired in quicksand? Breaking it down to three phases can yield significant benefits, says Nicholas Cheolas of Zelle LLP.

  • The Latest Defeat Of Trump's 'Sanctuary' City Policies

    Jeffrey Gorsky

    Based on a California federal judge's recent decision in City of Los Angeles v. Sessions, prohibiting the U.S. Department of Justice from using a locality’s cooperation on immigration enforcement to determine eligibility for grants, it appears the Trump administration’s "sanctuary" city initiatives are likely to remain tied up in or blocked by litigation, says Jeffrey Gorsky of Berry Appleman & Leiden LLP.

  • 5 Ways Law Firms Are Becoming More Like Hotels

    Bella Schiro

    One way law firms differentiate themselves from the competition to attract and retain top talent is through their real estate and workplace strategies. Taking a lead from the hospitality industry can help create a more inviting, welcoming and collaborative workspace environment, says Bella Schiro of Jones Lang LaSalle Inc.

  • Opinion

    Gorsuch's 1st Year Shows He Is A Conservative Activist

    Elliot Mincberg

    In his first year on the U.S. Supreme Court, Justice Neil Gorsuch has proven to be a narrow-minded elitist who consistently votes in favor of corporations and the powerful, acting to roll back protections for workers, consumers, LGBTQ individuals and other marginalized communities, says Elliot Mincberg of People for the American Way.

  • Preempting Preemption: Device Cases After Shuker — Part 2

    Kip Petroff

    Preemption must be kept in mind as one approaches any medical device litigation; however, it need not be feared. Despite what some observers may say, the preemption shield is not as large as it might seem, and plaintiffs attorneys can still preempt the preemption defense with careful planning, say Kip Petroff and Caio Formenti of the Law Office of Kip Petroff.

  • Preempting Preemption: Device Cases After Shuker — Part 1

    Kip Petroff

    Device companies defend their products by pointing to surgeons’ off-label uses, as if that shields companies from product liability. But courts are increasingly looking carefully at the facts surrounding allegations of noncompliance with the conditions companies agreed to when obtaining premarket approval, say Kip Petroff and Caio Formenti of the Law Office of Kip Petroff.

  • Finance-Savvy Millennials Are Shifting Business Of Law

    Michael Perlich

    The impact of millennials has already been felt within the legal community by our eagerness to embrace new technologies. One way that we will have potentially even more impact lies in our willingness to embrace new ways of developing business and financing law, says Michael Perich of Burford Capital LLC.