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Pennsylvania

  • August 23, 2018

    Pa. Lottery's New Online Games Are Illegal, Casinos Say

    A group of Pennsylvania casino operators sued the state lottery Wednesday, saying its new online games run afoul of laws that control "casino-style" products and infringe the exclusive right of slot machine licensees to conduct interactive gaming.

  • August 23, 2018

    Pa. Justices Snub Hospital's Appeal Bid Over Tax Exemption

    The Pennsylvania Supreme Court said Wednesday it would not hear an appeal following a decision approving a hospital's payment-in-lieu-of-taxes agreement and ordering the hospital's status to be changed to taxable nonexempt.

  • August 23, 2018

    Pa. Court Won't Broadly Ax Notification Rules For Frackers

    A Pennsylvania state court on Thursday refused to throw out controversial new rules on hydraulic fracturing that an industry group claimed created an improper pre-permitting regime that exceeded environmental regulators’ statutory authority, but scaled back instances of when the rules would apply.

  • August 23, 2018

    Pa. Justices Won't Hear Conrail's Cleanup Coverage Appeal

    The Pennsylvania Supreme Court on Wednesday declined to take up Consolidated Rail Corp.'s petition for review of an appeals court ruling, leaving intact a decision that cleared Continental Insurance Co. and Stonewall Insurance Co. from covering Conrail's environmental cleanup costs.

  • August 22, 2018

    3rd Circ. Revives Suit Against Eatery Over Drunken Crash

    The Third Circuit on Wednesday revived an insurer's lawsuit against a Pennsylvania restaurant to recoup part of a settlement in underlying litigation over injuries to a passenger in a car crash that was allegedly caused by a drunk patron, saying the eatery could be held liable as a joint tortfeasor.

  • August 22, 2018

    MDs Liable In Psych Ward Shooting, Pa. Court Hears

    Two University of Pittsburgh Medical Center doctors were negligent in failing to complete the involuntary commitment of a man who later went on to kill an employee and wound five other people in a psychiatric hospital, and their culpability began the moment each decided commitment was necessary, one victim’s lawyer argued Wednesday before Pennsylvania’s Superior Court.

  • August 22, 2018

    Rite Aid Counters $5.5M Tech Co. Suit With $16M Demand

    Rite Aid lobbed a $16 million damages demand at a technology contractor late Tuesday, in a counterclaim to the contractor's filing of its own $5.5 million suit in Delaware Chancery Court accusing the drugstore chain of bungling and then breaching a major software contract.

  • August 22, 2018

    Debt Collector Must Face Claim Over Voicemail, 3rd Circ. Says

    The Third Circuit on Wednesday revived a putative class action alleging a debt collector violated federal law when it didn’t use its actual corporate name in a voicemail, reasoning in a precedential decision that the use of an alternative business moniker was enough to support a Fair Debt Collection Practices Act allegation.

  • August 22, 2018

    Opioid Cos. Slammed With More Suits Over High Health Costs

    Opioid makers and distributors, including Purdue Pharma and McKesson Corp., on Tuesday were hit with proposed class actions in federal courts in eight states alleging that they caused health insurance premiums to soar by fueling the "deadliest drug crisis in American history.” 

  • August 22, 2018

    Camper's Family Wins A Shot At Damages In Appendix Suit

    A sleepaway camp can't trim damages from a Pennsylvania federal suit accusing the camp and two nurses of negligence after a boy's ruptured appendix was wrongly diagnosed as the stomach flu.

  • August 22, 2018

    Judge's Lengthy Sex-Case Sentences Suggest Bias: Panelists

    After the Pennsylvania Superior Court remanded multiple cases to an Allegheny County Court of Common Pleas judge for do-overs of allegedly excessive sentences, members of an appeals panel suggested Wednesday that the lower court judge stop hearing sex-crime cases because she appeared to be biased against the defendants.

  • August 21, 2018

    17 AGs Say HUD Shouldn't Change Disparate Impact Rule

    A coalition of state attorneys general has urged the U.S. Department of Housing and Urban Development to leave alone its Obama-era rule on disparate impact liability under the Fair Housing Act, saying it’s already consistent with U.S. Supreme Court precedent.

  • August 21, 2018

    Trump's 3rd Circ. Nominee Joins Lowenstein Sandler In NJ

    Third Circuit nominee Paul B. Matey is leaving his job as a hospital executive to join Lowenstein Sandler LLP's office in Roseland, New Jersey, where he'll draw on his background in health care and as a former federal prosecutor and top legal adviser to ex-Gov. Chris Christie.

  • August 21, 2018

    3rd Circ. Affirms Philly Judges' Perjury Convictions

    The Third Circuit ruled on Tuesday that it would not upend convictions of three former Philadelphia Traffic Court judges who were found guilty of perjury for lying to a grand jury about giving preferential treatment to friends, relatives, city politicians and other supporters who received tickets in the city.

  • August 21, 2018

    Rap Threats Against Cops Not Protected Speech: Pa. Justices

    A Pittsburgh rapper’s lyrics about killing cops weren’t protected speech under the First Amendment because they crossed a line from artistic expression to a “true threat” against specific officers who had previously arrested the rapper, the Supreme Court of Pennsylvania ruled Tuesday.

  • August 21, 2018

    3rd Circ. Says It Can't Hear Del.'s Challenge To EPA Delay

    The Third Circuit said Tuesday it couldn’t wade into a dispute over the U.S. Environmental Protection Agency’s delay in deciding Delaware’s petitions seeking to curb pollution seeping across its border from out-of-state power plants, saying the agency’s self-endowed extension wasn’t a final decision ripe for appellate review.

  • August 21, 2018

    Pa. Immunity Waiver For Crashes Applies To Empty Vehicles

    Pennsylvania government agencies can't escape liability for injuries caused by parked municipal vehicles, the state's Supreme Court found Tuesday as it revived a suit on behalf of a contractor killed on the job, issuing a ruling that said a carveout to local sovereign immunity law applies to unoccupied vehicles.

  • August 21, 2018

    Pa. High Court Revives Gov.'s Bid To Let Home Aides Organize

    The Supreme Court of Pennsylvania on Tuesday resuscitated Gov. Tom Wolf’s 2015 executive order creating an advisory committee and organizing framework for in-home health workers, ruling that the order did not exceed the governor’s power or grant home health workers collective bargaining rights. 

  • August 21, 2018

    Ice Co. Investors Can't Sue Over Dividend, 3rd Circ. Says

    Investors in Canadian ice maker Arctic Glacier International Inc. are barred from pursuing claims that they are owed a dividend from the sale of assets under the company’s bankruptcy reorganization plan, because the plan included provisions shielding the business from such liability, the Third Circuit has ruled.

  • August 21, 2018

    Proposed Jury Charge Can't Salvage Appeal, Pa. Justices Say

    The Pennsylvania Supreme Court ruled on Tuesday that a woman seeking damages for injuries from a car crash could not rely on proposed jury instructions filed by her attorney, and that a verbal objection was required to preserve her challenge to what she said on appeal was a faulty charge.

Expert Analysis

  • Pa. Renter With Out-Of-State Landlord? Add Tax To Your Rent

    Mary Hevener

    Pennsylvania residents who make payments of certain income to nonresident nonemployees, or that pay rent for Pennsylvania property to any nonresident landlords, should comply with new tax requirements beginning on July 1, 2018, or risk liability for the Pennsylvania taxes, penalties and interest due on these payments, say attorneys at Morgan Lewis & Bockius LLP.

  • Series

    From Lawmaker To Lawyer: 6 Things I Learned In Congress

    Charles Gonzalez

    I found that senior members of Congress didn’t have time to mentor younger members. Lawyers — though just as busy as members of Congress — cannot afford to follow this model, says former Rep. Charles Gonzalez, D-Texas, of Ogletree Deakins Nash Smoak & Stewart PC.

  • The Where, When And What Of DTSA Appeals: Part 1

    Gregory Lantier

    There has been virtually no appellate guidance on the meaning and scope of the Defend Trade Secrets Act in the two years since it was enacted. Only four appellate panels have addressed the law, say Gregory Lantier and Thomas Sprankling of WilmerHale.

  • Energy Storage: Are We There Yet?

    Paul Kraske

    2018 has proven to be a turning point for energy storage in the U.S. Affordable, reliable batteries, ambitious state capacity goals and a major policy shift from the Federal Energy Regulatory Commission have created an ideal environment for energy storage to grow at a fast rate, say Paul Kraske and Zahir Rahman of Skadden Arps Slate Meagher & Flom LLP.

  • Pa. Reinsurance Ruling Sets Precedent For Insolvency Cases

    Andrew Rothseid

    Pennsylvania's Commonwealth Court recently confirmed an arbitration award in favor of the Pennsylvania Insurance Commissioner against General Reinsurance Corporation. This decision rejects reinsurers' long-maintained argument that the acceleration of payment obligations by a cedent has no bearing on their own payment obligations, say Andrew Rothseid of RunOff Re.Solve LLC and Joseph Donley of Clark Hill PLC.

  • Opinion

    BigLaw's Associate Salary Model Is A Relic Of A Bygone Era

    William Brewer

    Legal industry compensation practices are once again in the news as BigLaw firms continue to match the new high watermark of $190,000 for first-year associate salaries. The typical model of increasing associate salaries uniformly fails star associates, the firms they work for and, ultimately, the clients they serve, says William Brewer, managing partner of Brewer Attorneys & Counselors.

  • #MeToo At Law Firms And What We Can Do About It

    Beth Schroeder.JPG

    While some may say it’s ironic, it’s also embarrassing and enraging that the very industry that offers anti-harassment training, policies and counsel now finds itself the subject of #MeToo headlines. The American Bar Association recommendation that will bring about the greatest change is the call to provide alternative methods for reporting violations, says Beth Schroeder, chair of Raines Feldman LLP's labor and employment group.

  • Scrutinizing Noncash Settlements In Consumer Class Actions

    Thomas Dickerson

    In consumer class action settlements, cash provides the class and the court evaluating a proposed settlement with a quantitatively measurable benefit. Noncash settlements require heightened scrutiny by the court, since they are generally worth less to consumers than cash, and may benefit defendants and class counsel more than class members, says retired judge Thomas Dickerson.

  • Knowledge Lawyers Can Help Firms Stay Ahead Of The Curve

    Vanessa Pinto Villa

    In a profession notoriously averse to change, it should come as no surprise that there is skepticism about the value of having attorneys perform nonbillable tasks. But U.S. law firms have slowly begun to incorporate knowledge lawyers into their operations — and the trend is likely to continue, says Vanessa Pinto Villa of Hogan Lovells.

  • Bristol-Myers Squibb: 1 Year Later

    Adam Pollet

    In the year since the U.S. Supreme Court decided Bristol-Myers Squibb Co. v. Superior Court of California — limiting where plaintiffs can bring claims and curbing forum-shopping in mass tort litigation — courts have grappled with questions that the ruling did not address, and defendants have pursued jurisdictional defenses in class actions and federal cases that were not previously available, say attorneys with Eversheds Sutherland LLP.