Pennsylvania

  • April 4, 2017

    Pa. Justices Urged To Tighten Insurer Bad Faith Standards

    The Pennsylvania Supreme Court was urged during oral arguments on Tuesday 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 — and the attendant punitive damages that could follow — against insurers.

  • April 4, 2017

    Vape Shop’s Tax Case Should Be Tossed, Pa. Tells Court

    The state of Pennsylvania on Monday pressed a federal court judge to toss a Harrisburg vape shop’s suit over a newly implemented state tax on “unsavory inventory,” including e-cigarettes, contending that the store hasn’t shown it has suffered damages and should use an administrative process to lodge its objection, rather than the court.

  • April 4, 2017

    Pa. Appeals Court Won't Revive Liquisolid Licensing Row

    A Pennsylvania appeals court on Monday refused to revive a pharmaceutical company’s lawsuit to void a patent licensing agreement with the creators of liquisolid technology, upholding a lower court’s dismissal of the case on the grounds that the pact was valid despite a separate challenge to the patents’ ownership.

  • April 4, 2017

    Pa. AG Office's Antitrust Leader Details Enforcement Record

    Delivering the keynote at Dechert LLP’s annual antitrust seminar Tuesday, the longtime leader of antitrust efforts in the Pennsylvania attorney general’s office detailed the circumstances under which the state challenges potential mergers and highlighted its leadership role in handling health care transactions.

  • April 4, 2017

    Pa. Justices Mull Reach Of Medical Peer Review Privacy Law

    The Pennsylvania Supreme Court was warned on Tuesday that a decision forcing the release of an emergency room physician’s performance file to plaintiffs in a medical malpractice case would eviscerate confidentiality protections required to ensure frank and candid peer reviews in the state’s health care industry.

  • April 4, 2017

    Army Vet Sues For $50M Over Missed Cancer Diagnosis

    A U.S. Army veteran is suing the federal government for $50 million in Pennsylvania federal court, alleging that a Veterans Affairs doctor failed to act on a radiologist’s concern regarding a mass that appeared on the patient’s chest X-ray, which later turned out to be cancerous.

  • April 4, 2017

    Swartz Campbell Denied Quick Win In Suit Against Chartwell

    Philadelphia firm Swartz Campbell LLC’s suit accusing rival Chartwell Law Offices LLP of launching a sweeping scheme to take over its business is heading to trial after a Pennsylvania state judge on Monday denied the firm’s motion seeking a swift victory.

  • April 3, 2017

    Ex-Philly DA Sues To Have Indicted Current DA Removed

    A former Philadelphia district attorney on Monday called for R. Seth Williams to step down from that office now that he doesn’t hold a law license, saying in a state court suit that the prosecutor indicted on bribery charges is flouting state statute and the practical obligations of his job by staying put.

  • April 3, 2017

    BCBS Gets Heart Device Co.'s $66.5M Antitrust Suit Tossed

    A Pennsylvania federal judge on Monday scrapped heart monitoring device manufacturer LifeWatch Services Inc.’s $66.5 million antitrust suit against Blue Cross Blue Shield and its associated health plans, finding that LifeWatch hadn’t actually brought an antitrust claim.

  • April 3, 2017

    New Philly Jury Begins 7th Risperdal Trial

    A new set of Philadelphia jurors heard the attorney for a 23-year-old Pennsylvania man argue that Janssen Pharmaceuticals Inc.'s antipsychotic drug Risperdal caused him to grow female breasts, after a medical emergency last week resulted in a mistrial.

  • April 3, 2017

    Magic Johnson Food Co. Wants To Depose Drexel's President

    A partnership between basketball legend Earvin “Magic” Johnson and food service company Sodexo urged a Pennsylvania federal judge Friday to force the president of Drexel University to submit to a deposition in a dispute over a contract the vendor claims it was fraudulently induced into signing with the school.

  • April 3, 2017

    Coca-Cola Scores Quick Win In Ex-Worker's Data Breach Suit

    The Coca-Cola Co. nabbed a quick win Friday in an ex-employee’s proposed class action accusing it of exposing him and other staff members to identity theft after a number of laptops were stolen, with a Pennsylvania federal judge finding that the company had no contractual obligation to secure his personal information.

  • April 3, 2017

    Pa. Town's Fracking Waste Ban Is Unconstitutional: Judge

    A Pennsylvania magistrate judge on Friday granted in part Pennsylvania General Energy Co.'s bid for an early win in its suit against a township for banning corporations from disposing of oil and gas waste within the municipality, finding that the ordinance improperly stripped companies of their constitutional rights.

  • April 3, 2017

    Pittsburgh Orgs Denied Rethink Of Housing False Claims Suit

    A Pennsylvania federal judge refused Friday to reconsider the dismissal of claims that Pittsburgh and one of its former mayors defrauded the federal government of millions of dollars intended for the Community Development Block Grant program.

  • April 3, 2017

    Pa. Atty Disbarred For Pushing Conspiracy Claims

    A Pennsylvania attorney was disbarred Friday over charges that he attempted to intimidate court officials in Luzerne County, including several state judges, through repeated claims that they had conspired against him in a string of legal disputes he was personally involved in.

  • April 3, 2017

    Plaintiffs Bar Perspective: Greenblatt Pierce's Julie Uebler

    The best advice I received was to run my law office as a business. For those of us doing plaintiff-side work, often on a contingency fee basis, that meant being very careful about the clients and matters we accepted, says Julie Uebler of Greenblatt Pierce Funt & Flores LLC.

  • April 3, 2017

    Pa. High Court Set To Weigh Insurer Bad Faith Standard

    The Pennsylvania Supreme Court will hear arguments on Tuesday over the proper standard to impose bad faith penalties against insurance companies, in a case over a cancer insurance claim that has garnered intense attention from insurers and policyholders alike. Here, Law360 breaks down the history of the case in advance of the hearing.

  • March 31, 2017

    New Trial Ordered Over Bad Evidence In Cabot Fracking Case

    Last year’s upset trial victory by a solo practitioner facing off against megafirm Norton Rose Fulbright in a yearslong groundwater contamination suit may have been too good to be true after all, with a Pennsylvania federal judge on Friday vacating the jury’s $4 million award against Cabot Oil & Gas Corp. and ordering a new trial for lack of evidence and improper courtroom tactics.

  • March 31, 2017

    3rd Circ. Upholds Lien Blockage In NJ Bankruptcy Row

    The Third Circuit has found that two suppliers cannot recoup money owed to them by a bankrupt contractor through construction liens on developments where the business had worked, saying the liens also were against the property of the bankruptcy estate and violated an automatic stay on such actions.

  • March 31, 2017

    Wendy's To Face Breach Claims After Magistrate's OK Upheld

    A Pennsylvania federal judge on Friday accepted a magistrate’s recommendation to keep alive a lawsuit against Wendy’s by a group of financial institutions in the wake of a 2016 breach, rejecting the chain’s argument that the proper standard for resolving dismissal motions hadn’t been applied.

Expert Analysis

  • Law Firm Margin Improvement: The Long Game

    Jack Diggle

    For all the lessons learned since 2008, it's surprising that margin management remains so tactical, rather than an ongoing strategic endeavor, for law firms. The firms that will survive and thrive must invest in ongoing margin-improvement capability, which will combine enhanced business- and change-management skills and take a long-term view to drive out the more difficult changes, says Jack Diggle of Elevate Services Inc.

  • 2017 Check-Up: Is Your Law Firm Positioned For Success?

    William G. Johnston

    Over the next few weeks, a slow trickle of news about one measure of law firm success — law firm financial results — will gradually become a flood as more firms open up about their performance in 2016. Law firm leaders would be wise to focus on nine factors that determine success, says law firm management consultant William Johnston.

  • The Missing Key To 3rd-Party Litigation Funding

    Tripp Haston

    Unlike other forms of commerce and unlike in other nations, litigation investment and funding in the U.S. is largely unregulated with few disclosure requirements. Where darkness exists, ignorance and mistrust breed. Disclosure and transparency in litigation investment and funding is the first and proper step to better understand this opaque dynamic in the U.S. civil justice system, says Tripp Haston of Bradley Arant Boult Cummings LLP.

  • Litigating Abusiveness: A Quasi-Fiduciary Duty Emerges

    Ori Lev

    The Consumer Financial Protection Bureau last month filed a lawsuit against Navient Corp. that sheds additional light on how the agency views its authority to prohibit “abusive” acts. The CFPB seems to be sending a message that companies need to look out for consumers’ best interests in certain circumstances, says Ori Lev of Mayer Brown LLP.

  • Ohio: A New Hot Spot For Pricing Litigation

    Stephanie Sheridan

    California may grab the spotlight, but Ohio should not be overlooked as a high-risk area for pricing litigation. Recent cases filed in the Buckeye State against Visionworks, Michaels, Jos. A. Bank, Hobby Lobby, My Pillow and other retailers showcase Ohio's emergence as a popular venue for challenges to a wide variety of pricing practices, say Stephanie Sheridan and Meegan Brooks of Sedgwick LLP.

  • Opinion

    The Myth Of The Forceful Mediator

    Jeff Kichaven

    When mediators rely on force to get cases settled, it doesn’t work. It’s time to suggest more productive ways for top-gun litigators and top-flight mediators to engage, says Jeff Kichaven of Jeff Kichaven Commercial Mediation.

  • Opinion

    Love And Law In The Age Of Trump

    Kevin Curnin

    Love is not a subject that lawyers typically devote themselves to professionally. But as we witness this historic transition to a new administration, lawyers in particular are reminded that love is tied, however imperfectly, to our cherished founding ideals, says Kevin Curnin, president of the Association of Pro Bono Counsel.

  • The State Of The Litigation Finance Industry In 2017

    Christopher P. Bogart

    In the United States, the number of lawyers whose firms have used litigation finance has quadrupled since 2013. Even so, too many remain poorly informed, leaving them at a competitive disadvantage and prone to oddly persistent “alternative facts” about litigation finance, says Christopher Bogart, CEO of Burford Capital.

  • 11th Circ. Ruling May Affect Criminal Securities Fraud Cases

    David M. Chaiken

    The Eleventh Circuit's recent decision in U.S. v. Stein could hinder efforts to limit loss estimates in fraud-on-the-market criminal securities fraud cases. The case cemented a firm 5-3 majority circuit split that will undoubtedly weigh heavily on judges who will be confronted with this issue in the four circuits that have yet to address it, say attorneys with Troutman Sanders LLP.

  • 6 Ways To Get More From A Limited Budget For Trial Graphics

    Marti-Martin-Robinson.jpg

    With so many possibilities and variables, it can be difficult to adhere to a strict graphics budget when preparing effective visuals for trial. There are several things you can do to limit the cost of your visuals without sacrificing quality, says Marti Martin Robinson of Litigation Insights Inc.