Pennsylvania

  • June 1, 2017

    Pa. School District Says Drinking Water Suit Is Preempted

    A western Pennsylvania school district and several former administrators asked a federal judge Thursday to toss claims brought by a class of parents alleging they hid the presence of hazardous copper and lead levels in the water of an elementary school for months, arguing the claims were preempted by the federal Safe Drinking Water Act.

  • June 1, 2017

    Inside PPG’s Thwarted $30.2B AkzoNobel Buyout

    Pennsylvania-based PPG pulled its €26.9 billion ($30.2 billion) takeover offer for Dutch chemicals and coatings company AkzoNobel on Thursday, marking an end to a three-month saga featuring multiple rejections, pressure from an activist investor and a court battle. Here, Law360 recaps the twists and turns leading up to PPG’s decision to walk away.

  • June 1, 2017

    Contractor’s $6M Suit Survives Army Corps' Dismissal Bid

    A Court of Federal Claims judge on Wednesday rejected the federal government's bid to dismiss a defense subcontractor's $6.4 million lawsuit alleging the Army Corps of Engineers unfairly ramped up the company's costs at a Pennsylvania project. 

  • June 1, 2017

    No Basis For FTC Lidoderm Pay-For-Delay Suit, Watson Says

    The Federal Trade Commission maintains it has the authority to pursue a pay-for-delay suit over pain relief patch Lidoderm against Watson Laboratories Inc. in federal court, but its allegations should be heard in an administrative proceeding, Watson told a Pennsylvania federal court Wednesday.

  • June 1, 2017

    McNees Adds Utilities, Financing Pro To Pa. Office

    McNees Wallace & Nurick LLC has added to its ranks a litigator and former executive with experience working for and regulating public utilities to its Harrisburg, Pennsylvania, office.

  • June 1, 2017

    Send Ex-PSU Prez To Jail For Child Endangerment, Gov't Says

    Prosecutors urged a Pennsylvania state judge on Wednesday to send ex-Penn State University president Graham Spanier to prison for up to a year following his conviction in March for failing to report an incident of suspected child abuse involving Jerry Sandusky to authorities in 2001.

  • June 1, 2017

    Pa. Atty Charged With Stealing Client Settlement Funds

    A suburban Philadelphia attorney was hit with state felony charges Thursday for stealing more than $400,000 in settlement funds from nine different clients who he was representing in personal injury cases.

  • June 1, 2017

    REIT Inks $407M Deal For 18 Marriott, Hilton Hotels

    A Canada-based real estate investment trust announced Wednesday that it has agreed to purchase a portfolio of 18 Marriott and Hilton hotels in Maryland, New Jersey, New York, Connecticut and Pennsylvania for about $407.4 million and that it would offer units to finance the deal.

  • June 1, 2017

    3rd Circ. Affirms Dismissal In $86M Steelworker Pension Row

    The Third Circuit affirmed Wednesday the dismissal of a Steelworkers Pension Trust suit over an alleged $86 million liability stemming from The Renco Group unit RG Steel’s bankruptcy, ruling that the trial court got it right when it found SPT’s dispute must be arbitrated.

  • June 1, 2017

    Pa. Justices Urged To Free UPMC From Hepatitis Spread Suit

    The University of Pittsburgh Medical Center has urged Pennsylvania’s highest court to find that it could not be held responsible after a worker it fired for stealing prescription painkillers moved to a new job in Kansas where he allegedly spread hepatitis to a group of patients.

  • June 1, 2017

    PPG Drops €26.9B AkzoNobel Offer After Months Of Pursuit

    Pennsylvania-based PPG pulled its €26.9 billion ($30.2 billion) buyout offer for AkzoNobel on Thursday, ending the possibility of a hostile takeover play after the Dutch coatings and chemicals company again brushed off its advances despite pressure from an activist investor.

  • May 31, 2017

    Del. Borrows 4 Pa. Judges To Boost Bench Post-TC Heartland

    Delaware’s district court said Wednesday it has borrowed four judges from the Eastern District of Pennsylvania to shore up the bench as it juggles vacancies, upcoming retirements and an expected influx of patent cases following the U.S. Supreme Court’s decision in TC Heartland.

  • May 31, 2017

    Sunoco Pipeline Foes Face Uncertain Fate Despite Early Win

    Opponents of Sunoco’s controversial Mariner East 2 pipeline had reason to cheer last week when a Pennsylvania state judge OK’d a lawsuit challenging the company’s eminent domain authority for the project, but a string of appeals court decisions rejecting similar claims suggests the challenge is on shaky ground.

  • May 31, 2017

    Owners, CFO Plead Guilty In DOD Fraud, Tax Evasion Scheme

    The owners and chief financial officer of a company accused of defrauding the U.S. Department of Defense in a kickback and tax evasion scheme involving a part manufactured for Humvees pled guilty in Pennsylvania federal court on Wednesday.

  • May 31, 2017

    Ex-NBC Producer Sues For Gender, Disability Discrimination

    A former producer for NBC Universal sued the company in Pennsylvania federal court Wednesday, claiming she was demoted after asking to change her work schedule to combat her struggle with depression, while her male colleagues faced no obstacles in making changes.

  • May 31, 2017

    Merck Ducks Fraud Claims In Pa. Zostavax Suits

    A Pennsylvania federal judge on Tuesday stripped fraud claims from a set of 10 lawsuits targeting Merck & Co.’s Zostavax shingles vaccine after denying the recipients’ bid to have the cases returned to state court last week.

  • May 31, 2017

    Heir Says Conflict Should DQ Cozen In Construction Row

    An heir to the Tylenol fortune wants a Philadelphia judge to bar attorneys from Cozen O'Connor from representing his adversary in an arbitration over a multimillion dollar construction dispute, claiming that the firm’s team is working closely with his former Pepper Hamilton attorneys, who joined Cozen O'Connor without warning.

  • May 31, 2017

    Tax Atty Asks For Leniency For Role In $200M Fraud Scheme

    A former tax attorney facing up to 10 years behind bars for his admitted role in a complex $200 million corporate tax fraud scheme asked for leniency Tuesday in Pennsylvania federal court, arguing his involvement was not very extensive and was a single blip in an otherwise law-abiding career.

  • May 30, 2017

    Pa. Superior Court Backs Doctors' Win In Wrongful Death Row

    The estate of a woman who died from an aortic aneurysm can’t sue for medical negligence despite allegations her doctors failed to tell her about the condition because her claims don’t fall within the statute of limitations, a Pennsylvania appellate panel ruled Friday.

  • May 30, 2017

    Weil, Wachtell Lipton Guide First Data-CardConnect Deal

    Weil Gotshal & Manges LLP steered payment processor First Data Corp. to acquire CardConnect Corp., which retained Wachtell Lipton Rosen & Katz, for about $750 million, which includes the repayment of CardConnect’s outstanding debt and the redemption of its preferred stock, according to a press release on Monday.

Expert Analysis

  • Cybersecurity Steps Every Lawyer Should Consider

    J. S. Christie Jr.

    In a state by state chart updated this month, the American Bar Association reports that 34 states have adopted all or most of the ABA's model rules technology amendments and that nine more states are studying the amendments. Even for lawyers in other states, legal ethics require the technological and legal competence to protect clients' confidentiality, says J.S. Christie Jr. of Bradley Arant Boult Cummings LLP..

  • Series

    Advocate For An Agency: Ex-FERC GC Cynthia Marlette

    Cynthia Marlette.jpg

    Cynthia Marlette, the Federal Energy Regulatory Commission's general counsel from 2001 to 2005 and from 2007 to 2009, reflects on how she addressed the job's many responsibilities, including advising the commission on laws and enforcement actions, developing policy, seeking consensus among commissioners, and overseeing defense of agency actions in court, as well as dealing with historic events like the California energy crisis.

  • 'Frontier' Issues: Pay-For-Delay And Patent Holdup

    Lesli C. Esposito

    Though the length of Acting Chairman Maureen Ohlhausen's tenure at the Federal Trade Commission remains unknown, life sciences and technology companies should prepare themselves for the changes that she has signaled regarding "frontier" areas of antitrust law including pay-for-delay and patent holdup, say Lesli Esposito and Brian Boyle of DLA Piper.

  • Jam Recipe Yields 1st DTSA Verdict

    Thomas A. Muccifori

    A federal jury in Pennsylvania recently returned the first verdict under the Defend Trade Secrets Act. Although Dalmatia’s proprietary fig spread recipes would have been protected under the Pennsylvania Uniform Trade Secrets Act, the case stands as a reminder of the powerful protections that can arise from the DTSA in the proper factual scenario, say Thomas Muccifori and Daniel DeFiglio of Archer & Greiner PC.

  • Potential Class Cert. Pitfalls Lurking In Local Rules

    Stephen R. Smerek

    Is there a deadline to move for class certification? When is the deadline? Should the parties stipulate to an extension? And, if they do, will the court grant it? Every practitioner must carefully evaluate these questions at the outset of any putative class action to develop a cohesive strategy for addressing certification issues and avoid potential risks hidden in local rules, say Stephen Smerek and Shawn Obi of Winston & Strawn LLP.

  • Are Your In-House Lawyers Happy?

    Aric Press

    What is the mood of the nation’s in-house lawyers? Aric Press — a partner at Bernero & Press LLC and former editor-in-chief of The American Lawyer — shares the findings of a recent survey of more than 800 in-house counsel.

  • Liability Of Premises Owners In The Age Of Social Media

    Douglas Pfeiffer

    When social media is used to broadcast or coordinate the details of planned and potentially criminal conduct — such as looting stores or starting fights — what legal responsibility does a premises owner have to an invitee injured by the resulting criminal action? Businesses will not be able to avoid liability by willfully ignoring social media, say Douglas Pfeiffer and Joshua Kahn of Miles & Stockbridge PC.

  • Trump's Skinny EPA Budget Could Have Far-Reaching Impacts

    Jim W. Rubin

    A review of President Donald Trump's recent budget proposal suggests that none of his goals for the U.S. Environmental Protection Agency would be well-served. In fact, the EPA, states, tribes and other federal agencies would all face serious issues in protecting human health and the environment, says Jim Rubin of Dorsey & Whitney LLP.

  • Google, NASA, Planes And A Stronger Legal Team

    Nicholas Cheolas

    Why did minor mechanical issues bring down two airplanes, while a catastrophic engine explosion did not bring down a third? The answers lie, in part, in research conducted by NASA in the wake of those crashes and, more recently, by Google. And those answers can help organizations build better teams to meet today’s legal industry challenges, says Nicholas Cheolas of Zelle LLP.

  • 10 Tips For Better Legal Negotiations

    Marc J. Siegel

    Like everything else, the art of negotiation starts by having a conversation. It’s about being respectful, finding common ground, knowing what you want and, most importantly, listening. A conversation between two lawyers can be complicated at best, but by employing a few techniques and tactics, it doesn’t have to be that way, says Marc Siegel of Siegel & Dolan Ltd.