Pennsylvania

  • September 28, 2017

    Pennsylvania Powerhouse: Montgomery McCracken

    Montgomery McCracken Walker & Rhoads LLP's Philadelphia litigators gained national attention in the last year for their role knocking down class actions far from the city, including a U.S. Supreme Court win for Microsoft, and at home, a white collar attorney made headlines for establishing a state senator's innocence at a federal bribery trial.

  • September 28, 2017

    Pa. Justices Keep Contractor On Hook For $3M Tax Bill

    The Pennsylvania Supreme Court on Thursday upheld a ruling barring a construction contractor from claiming exceptions on nearly $3 million in sales and use taxes, leaving intact a lower court’s finding that the road signs the company installed do not qualify as exempt building machinery and equipment.

  • September 28, 2017

    Williams Details Eminent Domain Plan For $1.9B Pipeline

    The right-of-way manager for Williams Partners LP’s $1.9 billion Atlantic Sunrise natural gas pipeline outlined the company's litigation strategy for overcoming landowner opposition to the project Thursday, asserting the favorability of Pennsylvania federal courts over its state courts for handling eminent domain proceedings.

  • September 28, 2017

    Justices Agree To Hear Nonrenter Car Searches Challenge

    The U.S. Supreme Court on Thursday agreed to hear a rental car driver’s challenge to a warrantless search of the vehicle that police justified on the grounds that he wasn’t on the rental agreement, searches the likes of which have deeply split federal circuit courts and even some states.

  • September 28, 2017

    Malice Not Needed To Prove Insurer Bad Faith: Pa. Justices

    The Pennsylvania Supreme Court on Thursday declined to require a showing of intentional ill will or malice in order for policyholders to win the day when pursuing claims of bad faith conduct against insurers, instead finding that ill will is merely a factor in assessing such claims.

  • September 27, 2017

    Consumers Denied Cert. In Aaron's Spying Software Case

    A Pennsylvania federal judge on Tuesday denied class certification to customers alleging that Aaron’s Inc. and a franchisee used spying software on computers it leased, saying that the group’s latest attempt at a class definition still lacks sufficient cohesiveness among class members.

  • September 27, 2017

    Del., Maryland Sue EPA To Enforce Good Neighbor Provisions

    Delaware told the Third Circuit on Tuesday that the U.S. Environmental Protection Agency ran afoul of the law when it failed to act on petitions seeking to force the agency to curb pollution seeping across Delaware's border from power plants in neighboring states, with Maryland filing its own suit over unanswered petitions.

  • September 27, 2017

    Shale Honchos Hear Contrast Between Pa., La. Enforcement

    Louisiana’s attorney general staked out an approach toward policing the energy industry that diverged sharply from the pose emerging from his Pennsylvania counterpart’s office Wednesday, addressing a crowd of stakeholders in Pennsylvania, Ohio and West Virginia’s natural gas industries.

  • September 27, 2017

    Pa. Justices Won't Rethink Jury's Role In Concrete Defect Suit

    The Pennsylvania Supreme Court refused Tuesday to entertain an appeal by a concrete supplier over a finding that a jury should decide whether its product that caused chemical burns was defective, leaving in place an appeals court's interpretation of the recent Tincher product liability decision.

  • September 27, 2017

    Pennsylvania Powerhouse: Duane Morris

    As Sunoco Pipeline LP has faced continued legal opposition to the 350-mile Mariner East 2 natural gas pipeline, one of the most highly visible projects to come out of Pennsylvania's ongoing energy boom, the company has turned to Duane Morris LLP to successfully fend off challenges from landowners and environmental groups.

  • September 27, 2017

    Endo Hit With Pa. Class Action Over Opioid Marketing

    The Philadelphia Federation of Teachers Health and Welfare Fund has filed a potential class action in Pennsylvania state court, joining a string of parties accusing Endo International PLC of fraudulently marketing its opioid painkillers as safe and effective for chronic pain.

  • September 27, 2017

    Feds Say Apprenticeships, Deregulation Key To Shale Growth

    Labor Secretary Alex Acosta on Wednesday pledged the Trump administration’s support for apprenticeship programs to fuel job growth in the natural gas industry, while the top deputy in the Department of Energy hailed continued deregulation as crucial to the industry’s future.

  • September 27, 2017

    Pa. Justices To Consider Reinstating $2.1M Shooting Award

    The Pennsylvania Supreme Court on Tuesday agreed to consider reinstating a $2.1 million verdict awarded to a man shot outside of a Giant Eagle Inc. convenience store on grounds that the company failed to challenge the verdict before jurors in the negligence case were dismissed.

  • September 27, 2017

    3rd Circ. Won’t Revisit Pa. $143M Pipeline Permit Ruling

    The Third Circuit said Tuesday it won’t revisit its August rejection of an environmental group’s challenge to Pennsylvania water permits issued for a Kinder Morgan unit’s $143 million natural gas pipeline, refusing to hear claims that the decision conflicted with one the circuit had made a week earlier.

  • September 26, 2017

    Sunoco Pipeline Accused Of Violating Protesters' Rights

    Four protesters filed suit in Pennsylvania federal court on Monday against Sunoco Pipeline LP, a security agency and a group of police officers, stemming from their arrests while demonstrating against the 350-mile Mariner East 2 pipeline, alleging that they were detained in violation of their rights and improperly spied on.

  • September 26, 2017

    NFL Looks To Get New Concussion Opt-Out Complaint Tossed

    The NFL asked a Pennsylvania federal court on Monday to toss the amended complaint filed by former players who opted out of an uncapped settlement agreement with the league in multidistrict concussion litigation, again arguing that the claims are covered in its collective bargaining agreements.

  • September 26, 2017

    Cloud Co. To Sell Off Trio Of Businesses For $549M

    Pennsylvania-based multi-vertical cloud company Actua Corp. on Monday said it’s inked cash deals to sell off its three majority-owned businesses to a CVC Capital Partners fund and a Chicago-headquartered intelligent systems provider for $549 million in total in an effort to wind down its operations.

  • September 26, 2017

    Pa. Judge Bars Experts In Tainted Talc Suit Against Colgate

    A Pennsylvania state court judge decided on Monday to exclude two expert witnesses for a customer who claims that Colgate-Palmolive's talcum powder contained asbestos that caused her mesothelioma, ruling the experts used a “mishmash” of procedures when testing for asbestos.

  • September 26, 2017

    McGraw-Hill Wants Photo Co. Counsel DQ'd Over Consultant

    Textbook publisher McGraw-Hill on Monday urged a Pennsylvania federal court to disqualify the firm representing a stock photo company in a copyright infringement suit against it, saying the firm hired a former McGraw-Hill employee who supervised the company’s discovery as a consultant in order to obtain privileged information.

  • September 26, 2017

    Morgan Lewis Pushes Pa. Court To Toss $30M Conflict Suit

    Morgan Lewis & Bockius LLP is urging a state judge to throw out a $30 million lawsuit accusing the firm of betraying an ex-client by helping a Wisconsin-based hospital system build a case against it over an allegedly faulty pension plan.

Expert Analysis

  • Series

    Notes From A Law Firm Chief Privacy Officer: CPO Vs. CISO

    Mark McCreary

    To understand the role of the law firm chief privacy officer — and why that person ought to be a lawyer — it’s important to distinguish the role they fill from that of the chief information security officer, says Mark McCreary, chief privacy officer for Fox Rothschild LLP.

  • 5 Questions To Ask Before Entering Joint-Representation AFA

    Natalie Hanlon Leh

    One growing trend is for clients to enter into alternative fee arrangements in which one law firm represents multiple parties who “share” fees and costs in a related matter. This way parties can more efficiently manage a matter and reduce their individual legal fees. But joint representation is not without its own risks and challenges, say attorneys with WilmerHale.

  • Legal Incubators Can Help New Lawyers And Society

    Martin Pritikin

    Legal incubators serve as an important bridge to practice and a crucial step toward aligning the incentives of new lawyers with the needs of their clients. They may even pose a threat to the traditional law school model itself, and that's not necessarily a bad thing, says Martin Pritikin, dean of Concord Law School at Kaplan University.

  • Heller Sequels And 2nd Amendment, Still Undecided: Part 2

    Robert W. Ludwig

    In the second installment of this three-part series, attorney Robert W. Ludwig continues his deep dive into the controversial history of Second Amendment jurisprudence.

  • How To Prioritize Your Law Firm's Crisis Response Plan

    Michelle Samuels

    If the media is going to cover your law firm’s crisis, they are going to cover it with or without your firm’s input. But your involvement can help shape the story and improve your firm’s image in the public eye, says Michelle Samuels, vice president of public relations at Jaffe.

  • A Foreign Partner Is Not Taxable On A Partnership Sale

    Steven Bortnick.jpg

    The Tax Court's recent ruling in Grecian Magnesite overturned the U.S. Internal Revenue Service's position that gain on the sale of a partnership interest is taxable to foreign limited partners. This result supports the view that, for the most part, taxation in such cases would only be possible with legislative change, says Steven Bortnick of Pepper Hamilton LLP.

  • Weekly Column

    Innovating For Wise Juries: Closing Argument

    Stephen Susman

    In the final article in this series on proposed innovations to the American jury trial, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project sum up the improvements they believe the U.S. jury system desperately needs.

  • Oil Producers Cannot Recover From Downstream Purchasers

    Edward Ripley

    The Third Circuit recently affirmed that downstream purchasers took oil purchased from a bankrupt intermediary free and clear of the oil producers’ liens. The opinion is an important reminder that courts will look to the state lien laws and Uniform Commercial Code of a midstream company’s home state to determine whether the producers are secured, say attorneys with King & Spalding LLP.

  • 5 Questions All AFAs Should Answer Clearly

    Gregory Lantier

    While no particular form is required to establish a durable alternative fee arrangement, there are terms that should, for the benefit of both client and outside attorney, be expressly set forth in the agreement itself, but are often overlooked, say attorneys with WilmerHale.

  • Cybersecurity Risks In The Courtroom

    Daniel Garrie

    As cybercriminals continue to look for easy targets, the court system will surely enter their crosshairs. If judges and court personnel do not maintain proper data security and cyber hygiene, confidential litigant information can fall into the hands of a wide variety of bad actors, say Daniel Garrie of JAMS, David Cass of IBM Cloud, Joey Johnson of Premise Health Inc. and Richard Rushing of Motorola Mobility LLC.