Pennsylvania

  • December 13, 2017

    Pa. Justices Won't Revive Zoloft Birth Injury Suit

    The Pennsylvania Supreme Court on Wednesday turned down an appeal of a decision upholding the dismissal of a lawsuit alleging that the Pfizer Inc. antidepressant Zoloft caused birth defects in an Illinois child.

  • December 13, 2017

    GSK Beats Heart Attack Suit In Diabetes Drug MDL

    A Pennsylvania federal judge on Tuesday tossed a suit against GlaxoSmithKline LLC in multidistrict litigation related to the safety of its diabetes drug Avandia because the patient who brought the allegations didn’t demonstrate his doctor would have avoided the treatment had he known of its risks.

  • December 13, 2017

    Court Urged To Rethink Jurisdiction In Judge Defamation Suit

    A Pennsylvania federal judge was urged on Tuesday to rethink her decision to allow the Philadelphia County courts to hear a defamation lawsuit being pursued by a member of its bench over his portrayal in a book about the infamous murder trial of abortion doctor Kermit Gosnell.

  • December 13, 2017

    Netflix Can't Call Cut On 'Burning Sands' Copyright Suit

    A Pennsylvania federal judge refused on Tuesday to let Netflix toss a suit brought by an author accusing the streaming giant of ripping off his series about six fraternity pledges at a historically black college, finding that the author had shown valid copyright on his works and “enough similarities” between both works to warrant further discovery.

  • December 13, 2017

    Consultant Pleads Guilty In Pa. Pay-To-Play Cases

    A political consultant indicted for his role in two pay-to-play schemes in the Pennsylvania cities of Reading and Allentown entered guilty pleas in both cases Tuesday, after initially indicating he would fight the federal charges.

  • December 12, 2017

    Expert Urges Contingency Fee Cap In NFL Concussion Deal

    A court-appointed expert brought in to address several questions surrounding attorneys’ fees payouts in the uncapped NFL concussion settlement recommended Monday that the Pennsylvania federal court overseeing the settlement should cap contingency fees for individual attorneys at 15 percent and scrap another request to set aside 5 percent of settlement awards to compensate future work in administering the settlement.

  • December 12, 2017

    'McDonnell' Can't Upend Ex-Pa. County Official's Conviction

    The U.S. Supreme Court’s landmark decision in McDonnell v. United States limiting the scope of federal bribery law cannot be used to upset an ex-Pennsylvania county official’s conviction in a pay-to-play scheme, a federal judge agreed Monday.

  • December 12, 2017

    Pharma Cos. Settle Pa. Skelaxin Pay-For-Delay Fight

    Generics maker SigmaPharm Inc. has settled a Pennsylvania state lawsuit accusing Mutual Pharmaceutical Co. Inc. of conspiring with Pfizer unit King Pharmaceuticals Inc. to suppress the release of generic forms of the muscle relaxant Skelaxin, according to an order docketed Tuesday.

  • December 12, 2017

    Pa. State Sen. Seeks To Increase Pipeline Safety

    A Pennsylvania state senator said Monday that he plans to introduce legislation to improve oil and gas pipeline safety in the wake of the damage to water sources from Sunoco Pipeline’s work on its controversial Mariner East 2 project.

  • December 12, 2017

    3rd Circ. Urged To Revive SEPTA Background Check Suit

    The Third Circuit was urged during oral arguments on Tuesday to revive class claims accusing the Southeastern Pennsylvania Transportation Authority of failing to provide job applicants with a chance to respond to consumer reports detailing criminal histories that the agency said disqualified them from employment.

  • December 12, 2017

    Towing Service Says Insurer's Fraud Claims Are Lies

    A Pennsylvania towing and environmental services firm has sued IAT Insurance Co. in state court in a dispute over a claim from an oil-spill cleanup, alleging that the insurer made defamatory statements when it suggested in an email that the company engaged in fraud.

  • December 11, 2017

    Has Litigation Finance Shed Its Stigma?

    Once a taboo topic in the halls of BigLaw, litigation finance is winning over converts. And the peer pressure is building for rival law firms to join the bandwagon.

  • December 11, 2017

    Why Investors Are Taking The Leap To 3rd-Party Funding

    They often don’t know exactly what they’re buying, and there’s an ever-present chance they could come up empty in a given case. Here’s why investors are flocking to litigation finance anyway.

  • December 11, 2017

    What Your Colleagues Think Of Litigation Finance

    We asked, and you answered. Here are the results of Law360’s inaugural survey on third-party legal funding.

  • December 11, 2017

    Law Firm Doesn't Owe For GSK Contempt Order, 3rd Circ. Told

    The Mississippi law firm accused along with a fund administrator of erroneously distributing settlement money from multidistrict litigation against GlaxoSmithKline urged the Third Circuit on Monday to overturn a Pennsylvania district court’s order to indemnify the administrator, reasoning that the district court no longer had jurisdiction over GSK's already settled contempt allegations.

  • December 11, 2017

    Tribal Lender Manager Can't Flee Borrower's Suit: Judge

    A Pennsylvania federal judge Monday rejected an effort by a manager at a Native American tribal lender to dismiss a borrower’s racketeering lawsuit, with the court saying that the tribe’s sovereign immunity didn’t extend to its employee.

  • December 11, 2017

    Disney, Walmart Sued After Flying Fairy Doll Maims Man

    A man says he was blinded in one eye after part of a flying fairy doll disconnected and hit him, according to a suit filed Sunday in Pennsylvania federal court that accuses The Walt Disney Co., Wal-Mart Stores Inc. and toymaker JAKKS Pacific Inc. of negligently marketing a toy similar to ones that have been recalled.

  • December 11, 2017

    NLRB Partial Settlements Shift Is Trump Board's 1st Reversal

    The National Labor Relations Board said Monday that its judges can sign off on partial settlement proposals even if the agency’s general counsel and the charging party in a given case object, restoring the board’s “reasonableness” settlement standard in the Trump board’s first reversal of Obama-era policy.

  • December 11, 2017

    Pa. Referees File Class Claims Over Contractor Status

    Two Western Pennsylvania referees filed a federal class action suit Friday accusing the organization that oversees high school sports in the state of improperly categorizing them as independent contractors and shorting them on wages.

  • December 11, 2017

    Pa.'s New Fraud Unit Nets $30M In Taxpayer Savings

    A program designed to block fraudulent tax refunds is paying off for Pennsylvania, bringing in nearly $30 million in its first year.

Expert Analysis

  • How The 3rd Circ. Stripped Down The 'Bare Metal' Defense

    Cory Lapin

    After the Third Circuit's recent decision in the Asbestos Products Liability Litigation case, manufacturers within the court's jurisdiction should not expect claims against them to be dismissed under a “bare metal" defense, unless they can show that they could not have known that asbestos would later be added to their products, says Cory Lapin of Manion Gaynor & Manning LLP.

  • In A Town's Fight Against Gas Drilling, Preemption Is Key

    Garrett Trego

    In Seneca v. Highland Township, a federal judge in Pennsylvania recently reiterated that local laws prohibiting natural gas drilling are preempted by state and federal statutes. While the township was creative in its tactics, the decision ultimately strengthens the industry's hand, and may expedite similar disputes in the future, says Garrett Trego of Manko Gold Katcher & Fox LLP.

  • Testing Judicial Control Over Attorney Conduct At Depositions

    Mark Shifton

    While few depositions feature such entertaining colloquies by counsel as are found in Corsini v. U-Haul, obstructive conduct at depositions continues to run rampant in many circles. And courts are increasingly open to taking a greater role in policing improper conduct, say Mark Shifton and Mila Shtelmakher of Seiger Gfeller Laurie LLP.

  • Financial Crisis Anniversary

    The Inside Counsel Revolution

    Ben Heineman

    The role of the general counsel has significantly grown in importance, with the GC now often replacing the senior partner in the outside law firm as the primary counselor for the CEO and the board. This inside counsel revolution was given great impetus by the financial crisis that started 10 years ago, says Ben Heineman Jr., former general counsel of General Electric Co.

  • In The End, Pa. Supreme Court Only Clarifies Bad Faith Law

    Jonathan MacBride

    Although the initial response to the Pennsylvania Supreme Court's recent decision in Rancosky v. Washington is that it significantly alters the state's bad faith law, closer examination shows although the court had the opportunity to create a heightened standard of bad faith, its decision did not lower the bar for policyholders, say Jonathan MacBride and Laura Bartlow of Zelle LLP.

  • A Magical Surprise Hidden In 3rd Circ. Rest Break Opinion

    Ashley Falls

    Last week, the Third Circuit delivered a win for employees with its decision in Secretary U.S. Department of Labor v. American Future Systems, which said the company's rest break policy violated the Fair Labor Standards Act. And, in a fun Friday-the-13th twist, the court managed to cite the "Harry Potter" books while authoring its opinion, says Ashley Falls of Falls Legal.

  • The Law Firm CFO’s Role In The Strategic Planning Process

    Tyler Quinn

    Today's law firm chief financial officer should be involved in many areas beyond traditional financial management, including operations, risk management and information technology. He or she can support strategic planning throughout the process, from development of the plan to its implementation, measurement and eventual evolution, say Tyler Quinn and Marc Feigelson of Kaufman Rossin PA.

  • Addressing Pay Equity In The US And Around The World

    Cynthia Jackson

    Even though the U.S. Equal Pay Act is over 50 years old, the U.S. census released in September still finds that women make 80.5 cents to the dollar that men make. Cynthia Jackson and Sarah Beeby of Dentons review recent legislation addressing pay inequity in the U.S. and globally, and discuss recommendations for employers confronting these developments.

  • Law Firms Must Transition To An Industry Sector Approach

    Heidi Gardner

    Clients are beginning to expect and demand that their external lawyers provide advice tailored to the client's industry. Aside from this, law firms should want to move toward a sector approach because industry-focused groups are a natural place for cross-practice collaboration to flourish, say Heidi Gardner and Anusia Gillespie of Harvard Law School.

  • Navigating The Pitfalls Of Civil Investigative Demands

    Chris Browning

    In U.S. v. Dish Network, currently on appeal to the Tenth Circuit, the district court awarded statutory damages of $280 million in favor of the U.S. and the four plaintiff states. Buried among the thousands of pages of interlocutory orders issued by the district court is a warning that should be heeded by all parties that are the subjects of governmental investigations, say attorneys with Troutman Sanders LLP.