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Pennsylvania

  • June 29, 2018

    Pa. Doc, Hospital Say $47M Baby Injury Award Was Punitive

    Non-economic damages are supposed to compensate victims for their mental and physical pain and suffering, not punish doctors in malpractice cases, a doctor and hospital argued Thursday in Pennsylvania federal court as they fight a $47 million jury verdict that they argue "simply defies common sense."

  • June 29, 2018

    Kennedy's Retirement: Legacy, Fallout & The Battle Ahead

    Justice Anthony M. Kennedy, the longest-serving active member of the U.S. Supreme Court, announced his retirement Wednesday after three decades on the high court. Here, Law360 analyzes his immense impact and what his departure means for the future of the court.

  • June 29, 2018

    AbbVie, Besins Owe $448M In FTC Androgel Antitrust Case

    AbbVie Inc. and an affiliate must pay $448 million in the Federal Trade Commission’s suit alleging they netted more than $1 billion after bringing sham patent lawsuits to stave off generic competition to AbbVie’s AndroGel testosterone replacement drug, a Pennsylvania federal court ruled Friday.

  • June 29, 2018

    Ex-Norris McLaughlin Atty Gets 27 Months In Pa. Bribery Case

    An ex-Norris McLaughlin & Marcus PA partner was sentenced to more than two years in federal prison on Friday after being found guilty on bribery and conspiracy charges for attempting to land legal work for his firm with promises of campaign contributions to the now-convicted mayor of Allentown, Pennsylvania.

  • June 29, 2018

    Archer Ducks NJ Malpractice Claims Over Pa. Insurance Suit

    Archer & Greiner PC has escaped legal malpractice claims in New Jersey over its alleged role in botching a Pennsylvania restaurant’s fire damage insurance suit after an appeals court said in a published opinion Friday that the claims were barred by a two-year statute of limitations in the Keystone State.

  • June 29, 2018

    Nursing Home Can Seek Arbitration Again In Resident's Death

    A Pennsylvania appeals court has remanded a negligence case involving the death of a nursing home resident back to the trial court to determine whether there was a binding arbitration agreement signed between the resident's representative and the facility that would preclude a trial.

  • June 28, 2018

    Cos. Registered For Biz In Pa. Can Be Sued There, Panel Says

    Any company registered to do business in Pennsylvania is effectively consenting to the jurisdiction of its state and federal courts, even if the company doesn’t actually do much business in the state, a Pennsylvania appellate court panel ruled Thursday.

  • June 28, 2018

    Vein Center Inks $1.2M Deal Over False Billing Claims

    Federal prosecutors said Thursday they had inked a nearly $1.2 million deal to end claims that a Pittsburgh-based medical group specializing in the treatment of varicose veins improperly billed Medicare for procedures that had not been performed alongside a licensed physician.

  • June 28, 2018

    Why The Defense Bar Celebrates Kennedy

    Associate Justice Anthony Kennedy spent his three decades on the high court making a name for himself as a champion of individual freedoms, but he also authored the majority opinion in Ashcroft v. Iqbal that changed corporate litigation so much, it is cited in nearly every dismissal bid and has become the bane of the plaintiffs bar.

  • June 28, 2018

    Roberts Becomes True Power As 'Kennedy Court' Ends

    The retirement of Justice Anthony Kennedy means that Chief Justice John Roberts is now the U.S. Supreme Court's most important member not just in title but also in reality, empowering him to advance a muscular conservative agenda and perhaps broker deals with outgunned liberals.

  • June 28, 2018

    7-Eleven Skirts Longtime Franchisee's Contract Suit, For Now

    A Pennsylvania federal judge on Wednesday partly tossed a breach of contract suit brought by a 7-Eleven franchisee of 44 years who claims the convenience store chain wants to reap new franchise fees by pressuring him to cede his business to competitors.

  • June 28, 2018

    Ex-ICE Atty Gets 4 Years For Stealing Immigrants' Identities

    A former chief counsel of U.S. Immigration and Customs Enforcement was sentenced to four years in prison Thursday in Washington federal court for stealing the identities of numerous immigrants to use in a financial fraud scheme, according to U.S. Department of Justice and immigration officials.

  • June 28, 2018

    PE-Backed BJ's Wholesale Club Leads 7 IPOs Totaling $1.7B

    Private equity-backed retailer BJ’s Wholesale Club Holdings Inc. returned to public markets on Thursday after raising $638 million in an initial public offering, advised by Latham & Watkins LLP, representing the largest in a flurry of seven new IPOs that raised more than $1.7 billion combined.

  • June 28, 2018

    Pa. Casinos Threaten To Sue Over Slot-Style Lottery Games

    The operators of Pennsylvania’s casinos are threatening a lawsuit over new online lottery offerings from the state that they say violate recently adopted gambling laws by improperly replicating casino-style games.

  • June 28, 2018

    Bus Accident Victims Push Pa. Justices To Ax Gov't Immunity

    Two women who say they suffered catastrophic injuries after being struck by public buses in Philadelphia are urging the state's highest court to find that Pennsylvania's sovereign immunity statute infringed their constitutional right to a legal remedy for their suffering.

  • June 28, 2018

    Senate Panel Punts On 3rd, 11th Circ. Picks Over Tariffs

    The Senate Judiciary Committee advanced several district court picks on Thursday, even as Sen. Jeff Flake, R-Ariz., has continued to stonewall advancing nominees for the Third and Eleventh circuits until the chamber votes on a tariff measure.

  • June 28, 2018

    Delay On Kennedy Replacement 'Ain't Going To Happen': GOP

    High-ranking Republicans on the Senate Judiciary Committee stood firm Thursday on keeping Majority Leader Mitch McConnell's promise to vote this fall on a replacement for retiring U.S. Supreme Court Justice Anthony Kennedy, with one saying Democrats' calls to wait until after the November midterms "ain't going to happen."

  • June 28, 2018

    Sessions, HHS Unveil $2B Health Care Fraud Takedown

    More than 600 people, including 165 medical professionals, have been charged with taking part in health care fraud schemes that included more than $2 billion worth of fraudulent billing, in what Attorney General Jeff Sessions on Thursday called “the largest health care fraud takedown in American history.”

  • June 28, 2018

    Supreme Court Agrees To Review Fosamax MDL Revival

    The U.S. Supreme Court on Thursday agreed to consider a Third Circuit decision that revived multidistrict litigation over Merck's alleged failure to warn about a risk of femoral fractures from its osteoporosis drug Fosamax.

  • June 27, 2018

    From Iqbal To Citizens United: Kennedy's Biggest Decisions

    In his three decades on the high court, Justice Anthony Kennedy authored opinions that changed the rules for federal civil litigation, opened the floodgates for corporations and unions to fund campaign advertisements, and reshaped the legal landscape for women and same-sex couples.

Expert Analysis

  • Series

    Judging A Book: Berzon Reviews 'We The Corporations'

    Judge Marsha Berzon

    My advice to prospective clerks will now include the suggestion that they read Adam Winkler's new book, "We the Corporations: How American Businesses Won Their Civil Rights," for the same reason I recommend taking a corporations course — appreciating the critical role of business corporations in American life and law, says Ninth Circuit Judge Marsha Berzon.

  • What ABA’s Position On Harassment Means For Employers

    Minjae Song

    In the #MeToo era, the American Bar Association’s recently passed Resolution 302 is a reminder of harassment policy best practices to all employers, and it should be of particular interest to employers in the legal industry, say attorneys with Hunton Andrews Kurth LLP.

  • Practical Considerations For Litigating Proportionality

    Elizabeth McGinn

    By incorporating an explicit requirement that discovery must be “proportional to the needs of the case,” the 2015 amendments to the Federal Rules of Civil Procedure garnered much speculation as to their impact on courts’ decision-making processes. Now that the rules have been implemented for over two years, several themes have emerged, say attorneys with Buckley Sandler LLP.

  • Supporting Nontraditional Data Types In E-Discovery

    Jason Paroff

    The advancement in connected technologies and software has created an explosion of nontraditional data sources that present challenges to e-discovery practitioners. Many tools and techniques used to process traditional data may not be practical for these new data types, say Jason Paroff and Sagi Sam of Epiq.

  • Post-TC Heartland Trends In The 1st Quarter Of 2018

    Christina Ji-Hye Yang

    Since the U.S. Supreme Court’s decision in TC Heartland last year, district courts have received a large volume of motions to dismiss for improper venue. We analyzed 44 recent rulings on these motions, say Christina Ji-Hye Yang and Mareesa Frederick of Finnegan Henderson Farabow Garrett & Dunner LLP.

  • Series

    State Tax After TCJA: Blue States' Deduction Strategies

    Gary Botwinick

    What do you do when it seems that Washington is out to get you? If you are a lawmaker or governor in New York, California, New Jersey or any of several other blue states that relies on significant income or property taxes to pay your state’s bills, you get creative, says Gary Botwinick of Einhorn Harris Ascher Barbarito & Frost PC.

  • After Trump’s Policy Purges, Who Speaks For The Victims?

    Daniel Karon

    Under President Donald Trump, federal agencies have killed or delayed key regulations and imposed drastically fewer penalties against corporate wrongdoers — thus enabling cheaters, victimizing consumers and compromising well-behaving companies. It falls to state attorneys general, as well as the private bar — plaintiffs and defense attorneys together — to pick up the slack, says Daniel Karon of Karon LLC.

  • The Fastest Federal Civil Court For A Decade

    Bob Tata

    Out of 94 district courts nationwide, the Eastern District of Virginia has the fastest civil trial docket in the country, now for at least the 10th straight year. The modern EDVA bench clearly takes pride in efficiently dispensing justice, and this dedication to efficiency has continued even in the face of increased filings, says Bob Tata of Hunton Andrews Kurth LLP.

  • Opinion

    State AGs Must Fill The CFPB Void, But That's Not Enough

    Karl Racine

    With Mick Mulvaney gutting the Consumer Financial Protection Bureau, the burden of standing up to giant, deep-pocketed financial institutions falls more heavily on state attorneys general. But in the end, such efforts can’t replace the power the CFPB has to protect consumers across all states equally, says District of Columbia Attorney General Karl Racine.

  • Cosby’s Conviction And How #MeToo Is Affecting Legal Cases

    Ross Kramer

    Bill Cosby’s sexual assault conviction on Thursday demonstrates how the #MeToo movement is having a profound impact on the legal landscape. The stark contrast between Cosby's first trial in June 2017 and his retrial in April 2018 is a perfect case in point, say Ross Kramer and Suzanne Jaffe Bloom of Winston & Strawn LLP.