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Pennsylvania

  • September 27, 2018

    3rd Circ. Backs Concurrent Judgment Decision In ERISA Suit

    A Third Circuit panel has backed a lower court’s decision to have a state court judgment run concurrent with a related federal judgment against a former attorney accused of violating the Employee Retirement Income Security Act by directing employee 401(k) contributions into his now-dissolved firm’s general assets.

  • September 27, 2018

    Pa. Doc's TCPA Row With Sanofi Timely, 3rd Circ. Told

    A Pennsylvania ophthalmologist whose company sued Sanofi Pasteur Inc. over an unsolicited fax urged the Third Circuit to undo a district court’s finding that his class action was time-barred, arguing Thursday that the suit was timely under a tolling doctrine that pauses the statute of limitations.

  • September 27, 2018

    Pa. Can't Hide Medical Marijuana Permit Reviewers' Names

    A Pennsylvania appeals court upheld a decision Thursday requiring the state’s Department of Health to release the names of individuals tasked with reviewing applications as part of a medical marijuana permitting process that has faced criticism for a lack of transparency.

  • September 27, 2018

    Saxton & Stump Nabs Real Estate Atty From Smigel Anderson

    Saxton & Stump LLC has hired a former Smigel Anderson & Sacks attorney to chair and expand the firm’s real estate practice in the growing south-central Pennsylvania market.

  • September 27, 2018

    NJ Transit Worker Can't Punt Immunity Ruling, 3rd Circ. Told

    New Jersey’s attorney general asked the Third Circuit on Thursday to reject a personal injury plaintiff's bid to consolidate his Federal Employers Liability Act case against NJ Transit with another plaintiff's and then have the full appellate court take it up en banc, saying his delay tactics won't work.

  • September 27, 2018

    Bus Driver Says Janus Bars Pa. Law Keeping Him In Union

    A Pennsylvania school bus driver trying to opt out of his union dues says a state law limiting when he can quit the union is incompatible with the U.S. Supreme Court's ruling in Janus v. AFSCME, according to a complaint filed in Philadelphia's federal court.

  • September 26, 2018

    3rd Circ. Fee Fracas A Warning: Not All Billing Is Equal

    The Third Circuit's rebuke of a near-million-dollar fee request from lawyers who had won a bad-faith verdict against an auto insurer is a new directive for courts to pick apart fee requests, experts say, and signals to lawyers that while certain billing practices are permissible, they may not be advisable.

  • September 26, 2018

    McKesson Is Roped Into Generic-Drug Price-Fixing Row

    McKesson Corp. earned billions of dollars by cooperating with an industrywide price-fixing conspiracy among generic-drug makers, according to a proposed class action Tuesday that appeared to be one of the first suits linking a drug distributor to multidistrict litigation over alleged drugmaker collusion.

  • September 26, 2018

    Clergy In Pa. Abuse Report Fight To Shield Their Identities

    An attorney for more than two dozen Roman Catholic priests told Pennsylvania’s highest court on Wednesday that due process violations during an investigation into allegations of rampant sexual abuse within the state’s dioceses should bar the clergymen from being named in a resulting grand jury report.

  • September 26, 2018

    Medco Exec Tells 3rd Circ. FCA Suit Based On Nonpublic Info

    A former Medco Health Solutions Inc. executive urged the Third Circuit on Wednesday to revive his False Claims Act kickback suit over purportedly secret drug discounts, reasoning during oral argument that he had met the law’s burden of lodging claims based only on nonpublic information.

  • September 26, 2018

    Rare Auction Spurs Monstrous Sky Bet From Comcast

    Comcast is preparing to take over all of Sky in a roughly £29.7 billion ($39.1 billion) deal after the U.K.'s takeover regulator ordered a rare auction to end the monthslong bidding war over the British pay-TV giant being waged between Comcast and 21st Century Fox.

  • September 26, 2018

    Pa. Opioid Addiction Treatment Center Hit With OT Suit

    A Pittsburgh-area opioid addiction treatment provider failed to pay its employees overtime or track all of their hours, according to a proposed class action suit filed Tuesday in federal court.

  • September 26, 2018

    Allergan Medicaid Rebate Suit Redo Denied At 3rd Circ.

    The Third Circuit on Wednesday again refused to revive a pharmaceutical executive's suit claiming Allergan Inc. and other drug manufacturers shorted the federal government on drug rebate payments.

  • September 26, 2018

    EPA Reaches Settlement For Philadelphia Superfund Cleanup

    The Environmental Protection Agency simultaneously filed a complaint and proposed consent decree in Pennsylvania federal court Tuesday to settle a dispute with the former operator of a toxic metal scrap yard at a Philadelphia Superfund site.

  • September 26, 2018

    Pa. Utility Regulators Defend $1.8M Rate-Spiking Fine

    Pennsylvania utility regulators went before the state's highest court Wednesday to defend a $1.8 million rate-spiking penalty against HIKO Energy LLC, which the energy supplier claims was unconstitutionally out of proportion with fines that other companies faced for similar conduct.

  • September 26, 2018

    Express Scripts Overcharged Attys For Records, Suit Says

    A Pennsylvania man on Tuesday filed a proposed federal class action lawsuit against Express Scripts Inc., accusing the company of overcharging lawyers and records companies for copies of patients' prescription drug histories.

  • September 26, 2018

    3rd Circ. Won't Revive Chinese Co.'s GSK Probe Suit

    The Third Circuit on Wednesday backed a lower court's ruling that a pair of consultants could not rely on U.S. racketeering laws to hold GlaxoSmithKline LLC liable for allegedly landing them in Chinese prison after duping them into investigating a whistleblower, saying the incident and all the damages occurred in China.

  • September 26, 2018

    Poor Oversight Cost Pension Plans Millions, DOL Says

    The U.S. Department of Labor asked a Pennsylvania federal judge Tuesday for a quick win on claims that the committee in charge of two steel company pension plans caused millions in losses by failing to keep a close eye on its investment manager.

  • September 26, 2018

    Uber, States Strike $148M Deal To End Data Breach Dispute

    Uber Technologies Inc. on Wednesday agreed to pay $148 million in a joint settlement reached with the top law enforcement officers of all 50 U.S. states over a massive 2016 data breach the company admitted it paid the hackers to cover up.

  • September 26, 2018

    21st Century Fox Will Sell Sky Stake To Comcast For £11.6B

    21st Century Fox said Wednesday it will sell its 39 percent stake in Sky to Comcast for £11.6 billion ($15.3 billion), after Comcast again topped the New York-based media company's offer in a bidding war over the British pay TV giant that was settled at an auction ordered by U.K.'s takeover regulator.

Expert Analysis

  • For Self-Driving Car Makers, Industry Standards Matter

    Allen Patatanyan

    When a self-driving Uber car ran over an Arizona pedestrian earlier this year, the company inadvertently shone a spotlight on the importance of industry standards. Failing to meet these benchmarks could be interpreted as a violation of the standard of care owed to a plaintiff by a corporate defendant, says Allen Patatanyan of West Coast Trial Lawyers.

  • Who Can Decide Whether 'Class Arbitration' Is Authorized?

    Gilbert Samberg

    In Lamps Plus v. Varela, the U.S. Supreme Court will decide next term whether an arbitration agreement that says nothing about class arbitration can be interpreted to constitute consent by the parties. But it's currently unclear if the Supreme Court will specify who can actually decide that question, says Gilbert Samberg of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • States Responding To SALT Cap, Carried Interest Provisions

    Naylor-Jeremy.jpg

    A number of states have recently proposed or passed new laws targeting carried interest loopholes and the cap on state and local tax deductibility. Some of these efforts are taxpayer-friendly and some are expected to impose additional tax burdens, say Jeremy Naylor and Kimberly Ann Condoulis of Proskauer Rose LLP.

  • The Future Of Authenticating Audio And Video Evidence

    Jonathan Mraunac

    The recent emergence of artificial intelligence-based technology has prompted serious concerns about the future integrity of recordings. Attorneys must think critically about standards for authenticating audio and video evidence as well as legislative and regulatory safeguards to discourage pervasive manipulation and forgery, says Jonathan Mraunac of Ogletree Deakins Nash Smoak & Stewart PC.

  • Opinion

    Law360's Global 20 Doesn't Acknowledge Global Networks

    Glenn Cunningham

    While I read with interest Law360's report analyzing the top 20 global law firms of 2018, I also noticed it doesn't tell the whole story. Global networks of independent law firms compare favorably with multinational firms in terms of geographic coverage, legal expertise, and awareness of local cultures and customs, says Glenn Cunningham of Interlaw Ltd.

  • Guest Feature

    Chris Dodd Talks Dodd-Frank, Nuremberg Trial, Hollywood

    Randy Maniloff

    Attorney Randy Maniloff recently sat down with former Sen. Christopher Dodd at his new office at Arnold & Porter in Washington, D.C. The goal? To discover things we might not know about the author of some of the most important legislation of the last few decades.

  • What Kavanaugh's Writing Tells Us About His Personality

    Matthew Hall

    People with certain personality traits tend to use certain words. A computer analysis of Judge Brett Kavanaugh’s D.C. Circuit opinions reveals that he is highly extraverted, which means that he would be a prominent voice on the U.S. Supreme Court, says Matthew Hall, a professor at the University of Notre Dame.

  • Roundup

    Cities In Distress

    Cities in Distress

    Five years after the city of Detroit filed for Chapter 9 bankruptcy, experts look at the financial troubles of Chicago and other U.S. cities in this special series.

  • Opinion

    3 Pros, 3 Cons Of Litigation Finance

    Ralph Sutton

    An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.

  • How Attorney Discipline Is Evolving In The #MeToo Era

    Bonnie Frost

    In March, the American Bar Association issued a manual to help legal employers and victims fight sexual harassment in the legal profession. While automatic disbarment for sexual misconduct with clients may have been considered too harsh a sanction almost a decade ago, it may be revisited in the current climate, say Bonnie Frost and Kristi Terranova of Einhorn Harris Ascher Barbarito & Frost PC.