Pennsylvania

  • April 6, 2017

    3rd Circ. Axes Ruling Re-Awarding Bridge Painting Contract

    A New Jersey federal judge went too far when he ordered the Delaware River Port Authority to award bridge painting work to a spurned contractor in a dispute over the denial of its initial bid for the project, the Third Circuit ruled in a published decision on Thursday.

  • April 6, 2017

    Mylan, Sandoz, Taro Accused Of Fixing OCD Drug Price

    Mylan Inc., Sandoz Inc. and Taro Pharmaceuticals USA Inc. conspired to fix the price of generic clomipramine hydrochloride, a medication used to treat obsessive compulsive disorder, the Philadelphia Federation of Teachers Health and Welfare Fund alleged in a proposed class action Thursday in Pennsylvania federal court.

  • April 6, 2017

    Merck Wants 3rd Circ. Rethink On Fosamax Warning Claims

    Merck asked the Third Circuit on Wednesday to reconsider its revival of claims in multidistrict litigation that the drugmaker failed to warn patients about the risk of irregular hip fractures from osteoporosis treatment Fosamax, saying the appellate panel was wrong to put the question in a jury's hands.

  • April 6, 2017

    Pa. Judge Sends '100% Natural' Quaker Oats Suit To Ill.

    A Pennsylvania federal judge on Thursday transferred to Illinois district court a proposed class action alleging Quaker Oats Co. makes false “100% Natural” claims on its oatmeal packages, ruling that the suit should be consolidated with similar actions against Quaker pending in Illinois.

  • April 6, 2017

    Philly Chamber Of Commerce Sues City Over Wage Equity Law

    The Chamber of Commerce for Greater Philadelphia on Thursday filed a federal lawsuit challenging a new city ordinance that seeks to address gender-based wage disparities by barring employers from inquiring about a potential employee’s salary history.

  • April 6, 2017

    NLRB Judge Skeptical Of Discipline Over Homophobia Claims

    A National Labor Relations Board judge on Wednesday ordered a Pennsylvania rail-switching company to rehire two workers who pushed to form a union, saying claims that the workers were disciplined for making homophobic remarks to co-workers were a smokescreen for undermining the organizing drive.

  • April 6, 2017

    Pa. Court Vacates $1M Restitution Order For Ex-House Leader

    A Pennsylvania appeals court, acting in the wake of new legal precedent in the state, agreed on Wednesday to throw out a former legislative leader’s corruption sentence, including a $1 million restitution order, for using public funds and resources for campaign activities.

  • April 6, 2017

    Drugmakers Face Antitrust Class Action Over Diabetes Drug

    Four independent pharmacies filed a proposed class action against Teva Pharmaceuticals, Heritage Pharmaceuticals and other drugmakers in Pennsylvania federal court on Wednesday, claiming the companies conspired to jack up the price of a generic diabetes medication to “astounding” levels.

  • April 6, 2017

    Pa. Regulator OKs $3.5M Settlement With Uber Over Violations

    The Pennsylvania Public Utilities Commission on Thursday signed off on a $3.5 million settlement with Uber Inc. that resolves a dispute over the $11.4 million fine the ride-sharing company was saddled with last year for its unlicensed operations in the state.

  • April 6, 2017

    Kang Haggerty Faces Suit Over Alleged Frivolous Theft Claims

    Kang Haggerty & Fetbroyt LLC was slapped with a lawsuit on Tuesday alleging that it helped a Philadelphia-area businessman pursue frivolous claims that his business partner’s wife participated in an alleged scheme to steal funds and launder money.

  • April 5, 2017

    3rd Circ. Upholds Ex-Atty's ERISA Violations In Firm Plan

    The Third Circuit on Wednesday upheld a ruling that a former attorney violated the Employee Retirement Income Security Act by directing employee 401(k) contributions into his now-dissolved firm’s general assets, but remanded the matter to determine whether a federal judgment should be offset by a related state court judgment.

  • April 5, 2017

    Quaker Chemical Snags Houghton Int'l In $1.4B Tie-Up

    Quaker Chemical Corp. said Wednesday that its purchase of privately held counterpart Houghton International Inc. in a deal valued at about $1.4 billion will expand its offerings for customers in the automotive, aerospace, heavy equipment and other industries, along with its geographic reach.

  • April 5, 2017

    3rd Circ. Upholds Ex-NBA Player's Ponzi Scheme Sentence

    A former NBA player’s appeal of his nine-year sentence for running a $3.5 million Ponzi scheme was denied Wednesday, with the Third Circuit saying the “new” evidence they’d been asked to consider did more to incriminate the player than exonerate him.

  • April 5, 2017

    Over FTC Protest, Lidoderm Pay-For-Delay Suit Stayed

    A California federal judge on Wednesday granted Watson Laboratories Inc.’s request to pause a Federal Trade Commission pay-for-delay lawsuit over pain relief patch Lidoderm while a Pennsylvania court considers Watson's challenge to the agency’s authority to bring litigation over past conduct.

  • April 5, 2017

    Pa. Transit Agency SEPTA Beats Background Check Suit

    A Pennsylvania federal judge on Wednesday tossed a proposed class action accusing the Southeastern Pennsylvania Transportation Authority of violating federal law by not giving job applicants proper notice it was using consumer reports to check their backgrounds, finding the three men who brought the suit lack standing to do so.

  • April 5, 2017

    Pa. Town's Counterclaims Stripped From Fracking Waste Suit

    A Pennsylvania federal magistrate judge on Wednesday threw out a Pennsylvania town’s counterclaims against a trade group representing the oil and gas industry, marking the latest development in its fight to stop a proposed disposal well for fracking water that is unfolding in multiple courts.

  • April 5, 2017

    CORRECTED: Food Cos. Dispute Trade Secrets Verdict In Fake Jam Suit

    A group of food companies that a jury found had infringed a trademark linked to a brand of fig jam has urged a Pennsylvania federal court to deny Dalmatia Import Group Inc. triple damages under a federal statute, arguing that the plaintiff could not prove the companies' conduct was willful under federal law. (Correction: The original version of this article mischaracterized a jury’s verdict against the defendants in this case, who were found to be liable for infringing a trademark. The error has been corrected.)

  • April 5, 2017

    Pa. Hospital Beats Suit Over Notice Of Man’s Prostate Cancer

    A woman can’t revive a lawsuit accusing a hospital of failing to notice the return of her late husband’s prostate cancer, a Pennsylvania appeals court ruled, finding she failed to properly respond to the hospital’s summary judgment motion noting a lack of expert testimony to validate her claims.

  • April 5, 2017

    PPG Again Urges AkzoNobel To Consider $24B Tie-Up

    Pennsylvania-based PPG Industries on Wednesday again called on Akzo Nobel NV to discuss a potential combination, noting that it is willing to address the concerns the Dutch coatings and chemicals company outlined in its rejection last month of a sweetened €22.7 billion ($24 billion) takeover offer.

  • April 5, 2017

    Pa. Justices Bat Down Case Linking Methane To Coal Rights

    The Pennsylvania Supreme Court has refused to hear a challenge to a lower court's decision that leases giving coal mine rights to a Consol Energy Inc. unit necessarily allowed for the sale of other resources as well.

Expert Analysis

  • In Retrospect

    Relearning The Lessons Of Korematsu's Case

    Randy Maniloff

    Fred Korematsu’s U.S. Supreme Court case challenging President Franklin Roosevelt’s executive order that led to the incarceration of approximately 120,000 people of Japanese ancestry may sound like ancient history. However, Feb. 19 marks the 75th anniversary of the order's signing, and that it’s celebrating its diamond anniversary now is breathtaking timing, says Randy Maniloff of White and Williams LLP.

  • How A General Counsel Should Think About AI: Part 2

    Bruce J. Heiman

    General counsels face the challenging task of understanding how companies can navigate the rules surrounding uses of artificial intelligence. To get smart on AI, general counsels must ask the right questions about areas such as human resources, intellectual property, liability and insurance, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • How A General Counsel Should Think About AI: Part 1

    Bruce J. Heiman

    Though the Trump administration has yet to make an official statement regarding artificial intelligence, support for AI is consistent with its expressed desire to promote American business. As such, general counsel will inevitably have to navigate what big data and AI mean for compliance with current and future laws and regulations, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • Saving Lawyers 1 Less Drink At A Time

    Jennifer Gibbs

    Lawyers are likely turning to alcohol to lessen stress and anxiety, to socialize, and even to sleep better. Unfortunately, many are unaware that their nightly pour could be causing or exacerbating the anxiety that is plaguing the legal profession, says Jennifer Gibbs of Zelle LLP.

  • Opinion

    Lawyers Cannot Stay Silent While Trump Belittles The Courts

    Alexandra Wald

    This is not the first time that a president has criticized the judiciary. But what is unique about President Donald Trump's attacks is that they target not just a specific decision, but the judiciary and its decision-making power altogether. Every lawyer, regardless of political persuasion, must speak up, says Alexandra Wald of Cohen & Gresser LLP.

  • Marketing Basics For Solo Practitioners And Small Law Firms

    Matthew Horn

    There is no question that solo practitioners and small law firms need to spend the majority of time on legal work, but in order to achieve sustainable growth, marketing should not be a secondary task “put-off” until you have some free time, says Matthew Horn, founder of Legal Services Link LLC.

  • Post-Spokeo, Not All Statutory Violations Are Created Equal

    John G. Papianou

    The U.S. Supreme Court’s decision in Spokeo did not provide the hoped-for clarity on whether violation of a statute is sufficient for a plaintiff to sue in federal court. As practitioners and courts still struggle with this question, two recent decisions from the Seventh and Third Circuits highlight the issue, says John Papianou of Montgomery McCracken Walker & Rhoads LLP.

  • New Data Breach Rulings — 4th Circ. Vs. 3rd Circ.

    Karin McGinnis

    On the heels of the Third Circuit’s data breach decision last month in Horizon Healthcare, the Fourth Circuit issued an opinion this week in Beck v. McDonald that weighs in on the standing debate. A few things can account for the differences between the rulings, says Karin McGinnis of Moore & Van Allen PLLC.

  • Don't Overlook Pleading Challenges In State Pharma Suits

    John DeBoy

    The U.S. Supreme Court’s Twombly and Iqbal decisions released a torrent of challenges to the sufficiency of plaintiffs’ pleadings in federal court, including in pharmaceutical product liability cases. This strategy has been less common in state courts, but it can help pharmaceutical defendants narrow the scope of litigation and educate the court on important issues, say John DeBoy and Annie Wang of Covington Burling LLP.

  • Much More Than East Texas Is At Stake In TC Heartland

    Steven Pollinger

    The U.S. Supreme Court’s grant of certiorari in TC Heartland has received a considerable amount of press regarding the potential impact on the Eastern District of Texas's ability to retain patent infringement litigation. But commentators have neglected to address how the overruling of VE Holding would, in many cases, prohibit patent holders throughout the country from filing suit in their home districts, say Steven Pollinger and Yu... (continued)