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Pennsylvania

  • July 2, 2018

    Narrow Rulings Reveal Wide Gulfs Between Justices

    With the Supreme Court largely punting on deciding the issues at the center of some of its biggest cases this term, the justices turned to concurrences to fight for the future of the law.

  • July 2, 2018

    4 High Court Lineups That Might Surprise You

    While the justices tend to join most often with colleagues whose philosophy they share, even politically charged cases can create groupings that defy easy categorization. Here are a few from the latest term.

  • July 2, 2018

    The Funniest Moments Of The Supreme Court Term

    From a raucous house party to the often-disappointing taste of wedding cake, the justices found plenty to laugh about in the latest term. Here are the top moments of legal levity.

  • July 2, 2018

    FERC Order On State Clean Energy Subsidies Roils Markets

    The Federal Energy Regulatory Commission's order last week requiring PJM Interconnection LLC to rewrite its wholesale electricity market rules in order to blunt the effects of state clean energy policies will only further inflame state-federal tensions over electricity policy and threaten the future of the very markets the commission aims to protect, FERC watchers say.

  • July 2, 2018

    Trump Plows Ahead With Supreme Court Selection Process

    President Donald Trump is ramping up the process of replacing Justice Anthony Kennedy on the U.S. Supreme Court, interviewing four candidates Monday and revealing the White House staffers who are leading the selection effort.

  • July 2, 2018

    Mental Health Questions Clear Pa. Rehab Center In Death Suit

    A Pennsylvania appeals court ruled Monday that a drug rehabilitation center facing claims over the death of a patient whose mental health had come into question could take advantage of a law limiting the liability of individuals and facilities involved in treatment of the mentally ill.

  • July 2, 2018

    BofA Wants Firm’s Fraudulent Fund Transfer Claims Tossed

    Bank of America has urged a Pennsylvania federal court judge to toss a law firm’s suit accusing it of breach of contract for failing to halt a $580,000 wire transfer the firm made thanks to a phishing scheme, saying the bank had no obligation to cancel the transfer.

  • July 2, 2018

    Pa. Court Axes 2nd Challenge To Medical Marijuana Licenses

    A second challenge over the adequacy of Pennsylvania's process for awarding medical marijuana licenses and for hearing appeals over those awards has been tossed by a state court over a jilted bidder's failure to exhaust administrative remedies before filing suit.

  • July 2, 2018

    SEPTA Is Stiffing Doctors Treating Wreck Victims, Suit Says

    A doctor has filed a class action in Pennsylvania state court alleging that the self-insured Southeastern Pennsylvania Transportation Authority has a tradition of reimbursing medical benefits to doctors months and years late and without interest for treating patients injured in auto crashes involving the transit authority.

  • July 2, 2018

    No Quick Win For Ex-Morgan Lewis Client In $30M Suit

    A Pennsylvania state court judge declined to hand Towers Watson Delaware a quick win in its $30 million suit accusing its former counsel at Morgan Lewis & Bockius LLP of working against its interests and helping build a case against it on behalf of a Wisconsin-based hospital system.

  • June 29, 2018

    The Most Talkative Justices Of The Term

    Once again, Justice Stephen Breyer was the most talkative member of the U.S. Supreme Court during oral arguments, but another member of the court turned heads by speaking out 50 percent more than she did in the prior term.

  • June 29, 2018

    The Firms That Won Big At The Supreme Court

    A handful of law firms argued multiple cases during the latest high court term — with varying degrees of success. Here’s how the familiar law firms fared in some of the most high-profile cases of the year.

  • June 29, 2018

    The Supreme Court Term By The Numbers

    Back at full strength, the justices worked their way through a docket full of blockbusters. Here’s our data-driven look at the term that was.

  • June 29, 2018

    Merck Fosamax Appeal Faces Uncertain Odds In High Court

    On a U.S. Supreme Court with a recent retirement and a recusal, Merck's appeal of a Third Circuit decision reviving multidistrict litigation over the drug company's alleged failure to warn about femoral fracture risk from osteoporosis drug Fosamax could result in a 4-4 tie, experts said. 

  • June 29, 2018

    Justice Kennedy Leaves Mixed Record On Civil Rights

    Over three decades on the Supreme Court, Justice Anthony Kennedy perhaps became best known for upholding the constitutional right to abortions and to same-sex marriage, but his deference to states’ rights and his inclination to take a race-blind approach to legal analysis have complicated his civil rights legacy.

  • June 29, 2018

    Pa. Hospital Must Face Suit Over Murder By Patient

    A Pennsylvania appeals court ruled Friday that a wrongful death suit claiming a psychiatric clinic neglected to warn a girl later killed by one of its patients must go before a jury, rejecting the clinic’s arguments that the patient’s threats were not specific enough to act on.

  • June 29, 2018

    Ex-Pa. Medical Center Worker Stole Patient Files, Feds Say

    A former Pennsylvania medical center worker illegally obtained the medical records of more than 100 patients in violation of the Health Insurance Portability and Accountability Act, prosecutors said in an indictment Thursday. 

  • June 29, 2018

    ICE Must Get Warrants, Pa. Judge Says In Sanctuary City Suit

    A Pennsylvania federal judge said Thursday that U.S. Immigration and Customs Enforcement needs a court order to transfer a “criminal alien” to a federal detention center after the immigrant is released from city custody in Philadelphia, diving into a key issue at the core of the national debate on sanctuary city policies.

  • June 29, 2018

    Caesars Faces Fight In 3rd Circ. Over ERISA Arbitral Award

    A union pension fund that challenged Caesars Entertainment Corp.'s partial withdrawal from the plan after the company closed the Showboat Atlantic City casino on Friday appealed to the Third Circuit a New Jersey federal judge's decision to vacate an arbitration award in Caesars' favor.

  • June 29, 2018

    Trump Says He Will Announce Supreme Court Nominee July 9

    President Donald Trump said Friday he will announce his nominee to take Justice Anthony Kennedy’s place on the U.S. Supreme Court on July 9, and that he has narrowed down the pool of candidates to “around” five people, including two women.

Expert Analysis

  • Key Issues States Face In The Wake Of Sports Bet Ruling

    Jim Havel

    While the U.S. Supreme Court’s decision this week removing the federal ban on sports betting may appear straightforward, the path toward regulating sports betting across the United States may be anything but simple, say attorneys with Bryan Cave Leighton Paisner LLP.

  • New Medical Marijuana Challenges For Pa. Employers

    John McDonald

    As access to medical marijuana in Pennsylvania continues to grow — to date, 22 dispensaries have opened throughout the state — employers face fresh concerns about the impact of legalization on their operations as well as their obligations under the law, say John McDonald and Melissa Ferrara of Reed Smith LLP.

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.

  • The Lawyers' Guide To Cloud Computing

    Daniel Garrie

    In deciding whether cloud computing is right for the organization or firm, an attorney must consider cloud computing’s significant impact on the electronic discovery process, say Daniel Garrie, managing partner at Law & Forensics LLC, and David Cass, chief information security officer at IBM Cloud.

  • Opinion

    Recovering Lawyers' Lost Position Of Independence

    Samuel Samaro

    In these politically divisive times, many ask whether our institutions and traditions can help us return to a greater consensus. In days long past, the legal profession could have been counted on to serve just such a function. But lawyers are now just as polarized as everyone else, says Samuel Samaro of Pashman Stein Walder Hayden PC.

  • Lack Of Sameness Doomed INRatio Class Certification

    Michelle Hart Yeary

    Last month a federal court in California declined a second attempt to certify a class action against the makers of handheld devices used to monitor blood clotting. The case demonstrates that when key questions of law or fact affect only some members of the putative class, but not all, class certification is not sustainable, says Michelle Yeary of Dechert LLP.

  • 8 Reasons To Take A Fresh Look At Your Law Office Lease

    Tiffany Winne

    After moving into a new law office, tenants often file their signed leases away, figuring that the terms are set for a few years at least. However, leases can be very flexible instruments, and should be reviewed annually even if nothing seems amiss, says Tiffany Winne of Savills Studley Inc.

  • A General Counsel's Tips For Succeeding As A New Associate

    Jason Idilbi

    Based on his experience as a BigLaw associate for six years and now as general counsel for a tech startup, Jason Idilbi of Passport Labs offers some best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.

  • Pay Attention To The Law And The Science Of Cannabidiol

    Brett Taylor

    Many health claims have been made for cannabidiol, a substance derived from the cannabis plant. But producers and retailers of cannabidiol should understand that, while it may be permitted under some state laws, it remains illegal under federal law. They must also avoid claims of benefits that are unsubstantiated, say Brett Taylor and Amy Alderfer of Cozen O'Connor.

  • Series

    State Tax After TCJA: Treatment Of International Income

    Jeffrey Friedman

    The Tax Cuts and Jobs Act made sweeping changes to the Internal Revenue Code. Its international tax provisions — including the transition tax, the foreign-source dividends received deduction, the tax on global intangible low-taxed income and others — have far-reaching implications for state tax systems that broadly conform to the IRC, and present significant compliance burdens for taxpayers, say attorneys with Eversheds Sutherland LLP.