Pennsylvania

  • March 6, 2017

    3rd Circ. Firm On Robert Half Workers' Class Arbitration

    The Third Circuit said Monday it would not reconsider its recent decision affirming the dismissal of a proposed collective action by former Robert Half International Inc. workers, leaving intact its conclusion that a district court correctly found the staffing agency could address overtime claims in individual arbitration rather than on a classwide basis.

  • March 6, 2017

    Network Co. Hid Financial Health Before Buyout, Jury Hears

    The lawyer for one of Pennsylvania’s largest private equity firms told a Pennsylvania federal jury Monday that the former owner of a North Carolina network infrastructure company hid the dire financial health of his company in order to induce a $15 million investment in 2013.

  • March 6, 2017

    Kinder Morgan Unit Wants Enviros Out Of Pipeline Review

    A Kinder Morgan Inc. unit on Friday urged the Federal Energy Regulatory Commission to kick the Sierra Club out of the approval process for a Pennsylvania natural gas pipeline project greenlighted by the agency, arguing that the environmental group waited too long to intervene and is merely looking to tie the project up in litigation.

  • March 6, 2017

    Pharmacy Targets Heritage, Mylan, Others Over Drug Prices

    Heritage Pharmaceuticals Inc., Allergan PLC, Mylan Inc. and several other drug companies were hit in Pennsylvania federal court with yet another potential class action alleging they rigged the prices of generic versions of the antibiotic doxycycline and heart medication digoxin.

  • March 6, 2017

    Pa. Sen. Floats 'Right To Try' Legislation

    A state senator wants Pennsylvania to become the latest to adopt “right to try” legislation that would allow terminally ill patients to use drugs that have not received U.S. Food and Drug Administration approval, according to a memorandum seeking co-sponsorship circulated Friday.

  • March 3, 2017

    Refiner Keeps Most Claims In $200M Fraudulent Transfer Suit

    A Pennsylvania auto salvage company must face most claims brought by South African metals refiner Impala Platinum Holdings Ltd. in a suit over a $200 million arbitral award the salvage company owes Impala, a Pennsylvania federal judge ruled Friday.

  • March 3, 2017

    Pa. Court Says Expert Med Mal Testimony Rightly Excluded

    A trial judge’s decision to toss a medical malpractice suit for lack of an expert witness was affirmed Friday by a Pennsylvania appellate panel, which said the patient’s witness didn’t qualify as an expert under state law therefore his testimony was properly excluded.

  • March 3, 2017

    Samsung Can't Arbitrate Smartwatch Battery Suit: 3rd Circ.

    The Third Circuit affirmed on Friday a lower court’s ruling that denied Samsung Electronics America Inc.’s bid to force a consumer to arbitrate his putative class action alleging it misled consumers about the battery life of its smartwatches, finding that an arbitration provision buried in a 143-page document isn’t binding.

  • March 3, 2017

    Judge Hands Win To J&J In Latest Philly Risperdal Case

    The latest in a string of cases pending in Pennsylvania state court over abnormal breast growth allegedly caused by the antipsychotic Risperdal came to an end Tuesday as a judge axed claims that a Johnson & Johnson unit had failed to adequately warn about the risks related to the drug.

  • March 3, 2017

    5 Charged In DOD Fraud, Tax Evasion Scheme

    Three Pennsylvania residents and two Michigan men were charged Friday with defrauding the U.S. Department of Defense in a kickback and tax evasion scheme involving a part manufactured for Humvees.

  • March 3, 2017

    Pa. PE Firm Inks Pretrial Deal With Co.'s Minority Owners

    The minority owners of a network infrastructure company reached a settlement Friday of a federal lawsuit brought by one of Pennsylvania’s largest private equity firms over the owners' alleged misrepresentation of their asset's value, a week after an earlier agreement was aborted.

  • March 3, 2017

    GSK Won't Produce Docs In Merck Antitrust Suit, Buyers Say

    The purchasers suing Merck & Co. Inc. for allegedly lying about the efficacy of its mumps inoculation in order to keep competitors from bringing their own versions of the vaccine told a Pennsylvania federal judge Thursday that GlaxoSmithKline, a third party in the suit, is not cooperating with discovery requests.

  • March 3, 2017

    Barring Porn Evidence Didn't Hurt Pa. AG's Defense: Judge

    A Pennsylvania judge said Thursday she had not prevented the state’s convicted ex-attorney general from defending herself against perjury charges by barring evidence about pornographic and other inappropriate material swapped over email by employees in the AG's office.

  • March 3, 2017

    Menendez Urges High Court To Resolve Circuit Split

    Sen. Robert Menendez again has urged the U.S. Supreme Court to review a Third Circuit decision upholding his corruption charges, saying the justices need to resolve a circuit split over whether courts may scrutinize a lawmaker's motive to determine if legislative acts are constitutionally protected.

  • March 3, 2017

    Pa. AG Wants More Resources For Tobacco Litigation

    Pennsylvania’s attorney general on Friday publicly posted his agency’s 2017-18 budget request, which — alongside other areas of focus — includes a pitch for more resources to litigate against tobacco companies.

  • March 3, 2017

    Former Le-Nature's Exec Can't Reduce 20-Year Sentence

    A Pennsylvania federal judge on Thursday declined to reduce the prison sentence of the one-time executive of now-defunct bottling company Le-Nature's Inc., who in 2011 pled guilty to certain charges for his role in orchestrating a $660 million swindle of banks and investors.

  • March 2, 2017

    Pa. Court OKs Penn Treaty Insurance Liquidation

    Pennsylvania insurance regulators announced Wednesday that a state court had signed off on a pair of petitions to liquidate the ailing Penn Treaty Network America Insurance Co. and subsidiary American Network Insurance Co.

  • March 2, 2017

    Pa. Judge Gets 90-Day Suspension For Harassing Clerks

    A Pennsylvania state judge is facing a 90-day suspension after being slapped with an ethics complaint in December accusing him of failing to issue mandatory fines for traffic violations, habitually mistreating court staff and harassing a court clerk who refused to date him.

  • March 2, 2017

    Challenge To FTC Authority Belongs In Calif., Agency Says

    The U.S. Federal Trade Commission on Thursday asked a Pennsylvania federal court to dismiss a lawsuit by Watson Laboratories and Allergan challenging its authority to bring lawsuits over past behavior, saying the companies should raise the objection in an ongoing pay-for-delay case in California.

  • March 2, 2017

    Urban Outfitters Settles TM Coverage Suit With Insurers

    Urban Outfitters has reached a settlement in a dispute with its insurers over coverage for two suits over a dress design that allegedly infringed copyrights, according to a notice docketed in Pennsylvania state court Wednesday.

Expert Analysis

  • 2016 Environmental Case Law Highlights: Part 3

    Anthony B. Cavender

    The final article in this series reviews some of the most significant environmental cases of 2016 decided in the Tenth and Eleventh Circuits, as well as several state supreme courts. Anyone who reads these cases will be impressed by the painstaking approach these courts apply to some of the most vexing and complicated cases on their dockets, says Anthony Cavender of Pillsbury Winthrop Shaw Pittman LLP.

  • 2016 Environmental Case Law Highlights: Part 2

    Anthony B. Cavender

    In part 2 of this three-part review of 2016's most significant environmental cases, Anthony Cavender of Pillsbury Winthrop Shaw Pittman LLP highlights decisions from the Fifth, Sixth, Seventh, Eighth and Ninth Circuits. In particular, these cases reflect issues common to the energy-producing states as well as additional Endangered Species Act decisions.

  • 7 Legal Industry Predictions For 2017

    Haley Altman

    Since 2008, the legal relationship dynamic has consistently evolved, leading clients to demand more "value" for services received. In 2017, investment in and adoption of new technology and prioritizing cybersecurity will lead to an increase in billable hours and shifts in realization rates, says Haley Altman of Doxly.

  • Top 10 Employer Resolutions For 2017

    Allegra J. Lawrence-Hardy

    Transitioning to 2017 promises to be full of changes for employers, and while you may not know how the new administration or court decisions will impact employment laws and regulations, you can resolve to be ready for the changes, say Allegra Lawrence-Hardy and Bonnie Burke of Lawrence & Bundy LLC.

  • Can Employers Still Drug Test Where Marijuana Is Legal?

    Eve Wagner

    It would be great if the new rules surrounding marijuana legalization and employer drug policies were clear, stable and uniform from state to state and across the country. However, especially with an incoming right-leaning cabinet, the reality is we’re facing a mixed bag of guidelines over the next couple of years, says Eve Wagner of Sauer & Wagner LLP.

  • 6 Key Commercial Litigation Finance Trends For 2017

    Ralph J. Sutton

    With commercial litigation funding gaining acceptance throughout the U.S., law firms and corporations are investigating how they can benefit from the capital that funders provide, and which criteria they should use in selecting a funder. Ralph Sutton, chief investment officer of Bentham IMF, discusses several major trends to watch in 2017.

  • 2016 Environmental Case Law Highlights: Part 1

    Anthony B. Cavender

    In part 1 of his three-part review of 2016's most significant environmental cases, Anthony Cavender of Pillsbury Winthrop Shaw Pittman LLP analyzes decisions from the U.S. Supreme Court and the D.C., First, Second, Third and Fourth Circuits, noting, among other observations, the unusual number of Endangered Species Act cases decided by the D.C. Circuit.

  • 2016 Kept Employers On Their Toes, Expect The Same In 2017

    Debra S. Friedman

    There was no shortage of action in the world of labor and employment law in 2016. Looking back on the year behind us, several areas in particular emerge as significant, both because of what happened in 2016 and what those developments will mean as we look toward 2017 and beyond, say attorneys at Cozen O'Connor PC.

  • 5 Ways To Fight Costlier Legal Malpractice Claims In 2017

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    There are a number of concrete, practical steps that law firms can take to address the high cost of defending legal malpractice claims, both before and after a claim is made, says Richard Simpson, a partner with Wiley Rein LLP who serves on the ABA Standing Committee on Lawyers’ Professional Liability.

  • 2016 Highlights From Indirect Purchaser Class Actions

    Christopher T. Micheletti

    While there were no major U.S. Supreme Court decisions that impacted indirect purchaser cases in 2016, and only a few circuit court decisions, some notable rulings shed light on strategies related to class certification, Article III and antitrust standing, settlement objectors, and other indirect purchaser-related issues, say Chris Micheletti and Christina Tabacco of Zelle LLP.