Pennsylvania

  • July 21, 2017

    Enviro Groups Renew Bid To Pause Sunoco Pipeline Drilling

    Following what they say has been a string of spills and incidents of drinking water contamination, several environmental groups are once again urging a Pennsylvania state judge to force Sunoco to pause drilling operations in connection with the construction of its controversial Mariner East 2 natural gas pipeline.

  • July 21, 2017

    Freeh Says Ex-PSU President's Conviction Dooms Libel Suit

    Former FBI Director Louis Freeh on Thursday asked a Pennsylvania state court judge to end a libel suit from ex-Penn State President Graham Spanier over a report addressing the university’s handling of the Jerry Sandusky sex-abuse scandal, pointing to Spanier’s March criminal conviction.

  • July 20, 2017

    Pa. Judge Clears Claims In $140M Rail Depot Fraud Row

    A Pennsylvania federal judge agreed Wednesday to allow a railway company to continue pursuing claims to recoup $140 million after its business partners allegedly schemed their way out of a contract over a newly constructed facility to transfer shipments of crude oil from trains onto barges.

  • July 20, 2017

    Pa. Court Says State Can't Dismiss Vaping Tax Lawsuit

    A Pennsylvania federal judge shot down the state’s attempt to ditch a challenge to its state tax on e-cigarettes and non-vape-specific components like batteries Thursday, sending the suit brought by a Harrisburg vape shop back to the state’s court system.

  • July 20, 2017

    Elliott Greenleaf Atty Elected As Interim Philly DA

    Philadelphia’s Board of Judges on Thursday elected former prosecutor Kelley B. Hodge, of counsel at Elliott Greenleaf, to serve as the city’s interim district attorney and finish the remainder of the term left empty as a result of Seth Williams’ bribery conviction.

  • July 20, 2017

    Pa. Atty Pushes For Discovery In Defamation Row With Rival

    An attorney facing $2 million damages for pursuing a purportedly frivolous lawsuit has urged a Pennsylvania state judge to force a rival to turn over information about allegedly defamatory expert testimony he provided in the legal ethics trial that led to the jury award. 

  • July 20, 2017

    Pa. Man Admits To Stealing $40M In Bitcoin

    A Pennsylvania man is accused of identity theft and fraud after he admitted to stealing from individuals who use bitcoin, amassing a stash of the online currency valued at over $40 million, according to a criminal complaint filed Wednesday in federal court.

  • July 20, 2017

    Pa. Panel Returns Med Mal Suit To Philadelphia

    A Pennsylvania state appellate court decided Wednesday that a medical malpractice suit filed in Philadelphia should not be transferred to another county, overturning a trial court decision to move the suit and ruling the case could stay because a doctor who allegedly failed to send a timely diagnosis for the patient was working at a Philadelphia hospital.

  • July 20, 2017

    Pa. AG Taps Ex-Reed Smith Atty For Consumer Finance Unit

    The Pennsylvania Office of Attorney General announced on Thursday that it was bringing on board a former Reed Smith LLP attorney to head up a newly minted consumer financial protection unit.

  • July 20, 2017

    Pa. Man Cops To Lying Over Faulty Tests For Cancer Patients

    A Pennsylvania man pled guilty in federal court Wednesday to false statement charges after being accused of performing flawed genetic diagnostic tests for 124 cancer patients.

  • July 20, 2017

    White Collar Pros Named To New Pa. Grand Jury Task Force

    The Pennsylvania Supreme Court on Thursday announced that it had named a mix of white collar defense attorneys, prosecutors, judges and a law professor to a new task force created to carry out a comprehensive review of grand juries.

  • July 19, 2017

    NFLers Possibly Misled By Claim Assistance Offers: Judge

    The Pennsylvania federal judge overseeing the NFL concussion litigation said Wednesday the court is concerned players who may be eligible for the uncapped settlement are being improperly solicited by claim assistance providers who may be providing misleading offers, ordering a hearing on the issue.

  • July 19, 2017

    3rd Circ. Upholds Toss Of Oil Producer Claims To Sold Oil

    In a decision with broad implications for the nation’s oil and gas industry, the Third Circuit on Wednesday upheld a 2015 district court ruling that rejected unsecured oil producer claims against companies that purchased their oil from a bankrupt intermediary.

  • July 19, 2017

    Netflix Copied Author's Work For 'Burning Sands,' Suit Says

    The author of a two-part book series titled “Burning Sands,” a fictional tale of six fraternity pledges at a historically black college, accused Netflix and director Gerard McMurray on Tuesday of infringing his copyright by making a movie released earlier this year with the same title and a similar premise.

  • July 19, 2017

    Atty Gets Prison For Obstructing NJ Time-Share Co. Probe

    The former general counsel of a bogus time-share consultancy in New Jersey was sentenced to a year and a day in federal prison on Wednesday for attempting to influence witnesses and for lying to investigators pursuing a criminal case against his onetime employers.

  • July 19, 2017

    Workplace Slur Harassment Ruling A Warning To Employers

    The Third Circuit's recent decision that a single use of a racial slur, rather than pervasive conduct, can sustain a workplace harassment claim sends a clear warning to employers to preempt potential liability by providing training to prevent even one-off incidents from happening in the first place, attorneys say.

  • July 19, 2017

    Pa. Court Orders New Damages Trial In Lost Fingers Suit

    A Pennsylvania appeals court on Tuesday tossed a $4.7 million verdict awarded to a man who received negligent medical treatment from a doctor and Temple University Hospital resulting in finger amputations, saying a new damages trial is necessary because the trial judge should’ve allowed evidence of a prior criminal conviction.

  • July 19, 2017

    No Privilege For Emails To Consultants, Pa. Court Repeats

    A Pennsylvania Superior Court panel, returning to a discovery fight over litigation stemming from a hospital’s allegations that doctors engaged in unnecessary procedures, affirmed for the second time Wednesday a finding that attorney-client privilege does not apply to a company's email to its media consultants.

  • July 19, 2017

    3rd Circ. Revives Aetna's False Billing Suit

    The Third Circuit decided Wednesday to revive a suit by Aetna Life Insurance Co. that accused a Pennsylvania surgical center of fraudulent billing, ruling that the form the center submitted to insurers was ambiguous in overturning the trial court’s decision to toss the case.

  • July 19, 2017

    Cozen O'Connor Adds Ex-Reed Smith RE Partner In Pittsburgh

    Cozen O'Connor continues to build its new Pittsburgh office with Tuesday’s announcement that it landed a former Reed Smith LLP partner to join its real estate and project finance groups.

Expert Analysis

  • Series

    Revisiting Affiliated Ute: Back In Vogue In The 9th Circ.

    Michele Johnson

    While there are still very few district court decisions within the Ninth Circuit to have analyzed the relationship between the Affiliated Ute and the fraud-on-the-market presumptions of reliance since the U.S. Supreme Court’s 2014 Halliburton decision, plaintiffs are increasingly attempting to plead both theories, as demonstrated by several recent decisions, say Michele Johnson and Colleen Smith of Latham & Watkins LLP.

  • Attorneys, Your Input Is Needed On Deposition Rule

    Frank Silvestri, Jr.

    Every lawyer who’s handled a civil case in federal court knows about Rule 30(b)(6), governing deposition procedures. But for many real-world deposition dilemmas, the rule offers little guidance. Last year, an Advisory Committee on Civil Rules subcommittee began considering whether the rule should be amended. Now attorneys must advise the subcommittee how to proceed, says Frank Silvestri Jr. of Verrill Dana LLP.

  • Series

    Revisiting Affiliated Ute: Impact In The 7th Circ.

    Julie Goldsmith Reiser

    In the 45 years since the U.S. Supreme Court's ruling in Affiliated Ute, the Seventh Circuit has cited it 145 times. The most significant of these decisions was the court's rejection of the “fraud created the market” theory as an extension of Affiliated Ute, says Julie Goldsmith Reiser of Cohen Milstein Sellers & Toll PLLC.

  • Series

    Revisiting Affiliated Ute: 4 Lines Of Cases In 3rd Circ.

    John Harnes

    Over the last 45 years, Affiliated Ute has, in the Third Circuit, spawned primarily four lines of cases, each addressing a distinct issue raised by that ruling. The most vexing issue, particularly in cases that involve misrepresentations and omissions, is when the presumption applies and when it does not, says John Harnes of Chitwood Harley Harnes LLP.

  • Workplace Marijuana Accommodations: The Road Ahead

    Ruth Rauls

    As the number of states legalizing marijuana use continues to grow, the federal government maintains — and indeed perhaps may soon begin to strengthen — its stance of illegality. Therefore, employers will continue to face more issues and uncertainties, say Ruth Rauls and Jason Ross of Saul Ewing LLP.

  • How Client Feedback Programs Benefit Law Firms And Clients

    Elizabeth Duffy

    Despite an increase in engagement with client feedback programs over the last 15 years, law firms — and their clients — have a way to go before realizing the maximum benefits such programs can deliver, says Elizabeth Duffy of Acritas US Inc.

  • Series

    Revisiting Affiliated Ute: Will It Supersize Leidos?

    James Goldfarb

    The rebuttable presumption of reliance adopted by the U.S. Supreme Court 45 years ago in Affiliated Ute threatens to supersize the expanded basis for omission liability signaled by Leidos v. Indiana Public Retirement System, which the court will review next term, say attorneys with Murphy & McGonigle PC.

  • Series

    Revisiting Affiliated Ute: High Court Needs A Reboot

    Gary Aguirre

    The U.S. Supreme Court has reduced the giant oak that is Rule 10b-5 to a stump with one withered branch — the narrow scope of liability under Rule 10b-5(b). The court must retrace its steps back to Affiliated Ute, which recently turned 45 and was the court's last decision before it adopted the false star Blue Chip Stamps, says Gary Aguirre, a former staff attorney at the U.S. Securities and Exchange Commission.

  • Solving The Legal Industry's Data Protection Breakdown

    Jeff Ton

    Most law firms today aren't using common security and data protection measures that other industries employ to protect sensitive data. Options like continuous data replication and backups have various pros and cons, but most importantly, law practices must understand the need for a two-tiered approach to data protection, says Jeff Ton of Bluelock LLC.

  • Nonsolicitation Agreements In The Social Media Age

    James Patton Jr.

    As social media continues to expand, the legal issues that inevitably follow growth have begun to arise, and courts have found themselves struggling to adapt. One new challenge facing employers, employees and courts is the effect of social media on the traditional nonsolicitation agreement, say James Patton Jr. and Tae Phillips of Ogletree Deakins Nash Smoak & Stewart PC.