Pennsylvania

  • January 30, 2017

    Pa. Federal Jury Awards Couple $14.5M Over Birth Injury

    A Pennsylvania federal jury on Friday awarded a couple $14.5 million following a medical malpractice trial, finding that an obstetrician provided negligent medical care that caused a baby’s brain damage, cerebral palsy and other permanent ailments.

  • January 30, 2017

    American Airlines Pilots Sue Over Seniority Rankings

    A group of American Airlines pilots launched a class action on Friday alleging that they received the short end of the stick in arbitration proceedings aimed at determining seniority as the workforce integrated with pilots brought on board following the company’s merger with US Airways.

  • January 30, 2017

    Philly Lawyer Settles Suit Over Banquet Food Poisoning

    A Pennsylvania judge on Friday approved a Philadelphia attorney’s undisclosed settlement with a Chinese restaurant, resolving allegations that she was sickened by the Chinatown restaurant, which hosted a banquet held by a Temple University Beasley School of Law student group, just days before the dispute was to go to trial.

  • January 30, 2017

    3rd Circ. Upends Email Ruling In $688M Loan Scheme Suit

    The Third Circuit ruled in a published opinion Friday that a lower court erred by allowing a grand jury to view an email from a Pennsylvania man facing a federal indictment over a $688 million payday loan scheme, finding attorney-client privilege applies because the email didn't spur fraudulent activities.

  • January 30, 2017

    FTC Deceived Court On Pay-For-Delay Suit, Watson Says

    The U.S. Federal Trade Commission has misled a Pennsylvania federal court about its plans to refile a pay-for-delay lawsuit against Watson Laboratories Inc. to dodge questions about its authority to bring the suit, and the court should consider claims challenging that authority, Watson said Friday.

  • January 30, 2017

    Duane Morris Looks To Dodge $625M Malpractice Claim

    Duane Morris LLP urged a Pennsylvania judge on Friday to toss a $625 million legal malpractice suit that alleged the firm wrongfully ditched its client’s appeal over a collapsed $175 million deal to install a fiber optic cable from Miami to countries in the Caribbean, saying the firm never agreed to represent the plaintiff.

  • January 27, 2017

    3rd Circ. Upholds $116K Atty Sanction Over Age Bias Suit

    The Third Circuit on Thursday said scoring permission to amend a suit doesn’t excuse stuffing an earlier complaint with misleading claims, affirming about $116,000 in sanctions against an attorney who propped up an age bias suit without evidence against energy company PPL Corp. and a union.

  • January 27, 2017

    Pa. Court Says Nursing Home Suit Belongs In Arbitration

    A Pennsylvania state appeals court has reversed a lower court’s decision rejecting Kindred Healthcare Inc.’s claims that the nephew of one of its patients had to arbitrate negligence and wrongful death claims, holding Friday that the matter should indeed be arbitrated.

  • January 27, 2017

    IRS Says Betting Co. Founder Must Face $57M Suit In Pa.

    The IRS refuted claims from the former owner of one of the world’s largest foreign gambling companies that he has no purposeful contacts with Pennsylvania to justify being sued there, saying in a court filing Friday its $56.5 million lawsuit relates directly to Philadelphia bank accounts ultimately controlled by the businessman.

  • January 27, 2017

    Pa. Judge Steps Aside From LabMD, Tiversa Data Leak Row

    A Pennsylvania federal judge on Friday abruptly recused himself from a hotly contested and long-running fraud and defamation dispute between Tiversa and LabMD over the leak of a patient data file that ended up forming the basis for data security allegations that the Federal Trade Commission separately brought against the lab.

  • January 27, 2017

    ABA Urges High Court To Review 3rd Circ.'s Asylum Denial

    The American Bar Association on Thursday urged the U.S. Supreme Court to review a precedential Third Circuit decision that more than two dozen families who petitioned to stay in the U.S. on fears of returning to their home country must leave, arguing that the opinion unjustly denies the asylum seekers constitutional protections.

  • January 27, 2017

    Merck Pill Production Move Didn't Violate CBA, Judge Says

    A Pennsylvania federal judge agreed Thursday that Merck & Co. Inc. did not violate a collective bargaining agreement with a United Steelworkers local when it ended production of the blood-sugar regulation pill Janumet at a suburban Philadelphia plant.

  • January 27, 2017

    Chairman's Hasty Exit Threatens To Cripple FERC

    The fast-approaching departure of Norman Bay will leave the Federal Energy Regulatory Commission with just two commissioners, an unprecedented situation for the agency that will prevent it from taking any major actions, such as approving natural gas pipelines, imposing enforcement penalties and ruling on electricity rate and tariff fights.

  • January 27, 2017

    Pa. Court's Tax Law Reprieve May Fuel Political Maneuvering

    The Pennsylvania Supreme Court this month may have acted within a tradition of deference to the legislative branch when it gave lawmakers an extension to fix an unconstitutional tax scheme for casinos, but some attorneys fear the ruling could enable dysfunction in the General Assembly and prompt future attempts at bargaining over court orders.

  • January 27, 2017

    Pa. Court Won't Revive Asbestos Suit Barred By Bankruptcy

    The Pennsylvania Superior Court said Thursday it would not revive an asbestos exposure lawsuit against Standard Steel LLC that was thrown out after a trial judge ruled a bankruptcy court order barred the claims against the company.

  • January 27, 2017

    Ex-Harrisburg Mayor Gets Probation Over Stolen Artifacts

    A Pennsylvania state judge on Friday declined to send the former mayor of Harrisburg to prison following his guilty plea earlier in the week on charges over the theft of artifacts that the city had purchased for a never-realized museum.

  • January 26, 2017

    Tackle's Widow Hits NFL, Riddell With Wrongful Death Suit

    The widow of a defensive tackle who died in 2009 of a brain aneurysm after retiring from the National Football League has slapped the league and helmet maker Riddell Inc. with a wrongful death suit in Pennsylvania federal court.

  • January 26, 2017

    $200M Loan Fraudster Wants 3 Years' Probation

    A Pennsylvania man who pled guilty to his role in a $200 million bank loan fraud scheme asked an Illinois federal judge to sentence him to one day in prison and three years of supervised release, arguing that his poor health and age make this a suitable sentence.

  • January 26, 2017

    Engineer Involved In Philly Crash Sues Amtrak Over Injuries

    The engineer manning Amtrak train number 188, which caused eight deaths when it derailed in Philadelphia in May 2015, filed suit in Pennsylvania state court Wednesday, contending that he suffered physical and psychological injuries because of the rail operator’s negligence.

  • January 26, 2017

    Feds Back Religious Hospitals In High Court ERISA Case

    The federal government is siding with a group of church-affiliated hospitals in a U.S. Supreme Court fight over whether they should be exempt from the Employee Retirement Income Security Act, telling the justices on Tuesday that there is no reason to disturb an exemption long upheld by Congress and federal agencies.

Expert Analysis

  • REVIEW: The Missing American Jury

    Judge William Young

    Face it, the American jury system is dying. The arguments Professor Suja Thomas makes in her new book deserve consideration by everyone interested in how our government actually works and how it might recapture the unifying communitarian experience of direct democracy and actual trial by one’s peers, says U.S. District Court Judge William Young of the District of Massachusetts.

  • 2 Decisions Strengthen FTC's Hand In Hospital Merger Cases

    David C. Kully

    The Federal Trade Commission recently succeeded on appeal in two hospital merger challenges, in the Third and Seventh Circuits. Hospitals evaluating merging with nearby competitors should keep in mind the analytical approaches laid out in these decisions, say David Kully and Christopher Carmichael of Holland & Knight LLP.

  • What History Tells Us About Obama's Antiquities Act Legacy

    John Freemuth

    As the end of the Obama administration approaches there is renewed attention on President Barack Obama's use of the Antiquities Act of 1906. While almost every U.S. president has used his authority under this act to create new national monuments, its use has fueled tensions between the federal government and states over land control, say John Freemuth and Mackenzie Case of Boise State University.

  • Is Momentive Losing Momentum?

    Michael Friedman

    The Third Circuit’s decision last week in the Energy Future case rejected the logic of Momentive that a make-whole provision is not enforceable post-acceleration without specific contractual language to that effect. The decision is a clear break from a recent trend and may give noteholders greater leverage, say Michael Friedman and Stephen Tetro II of Chapman and Cutler LLP.

  • Avoiding Law Firm BYOD Risks: Tips For Securing Devices

    Everett Monroe

    Many believe that the solutions to the security problems created by using smartphones for work are primarily technological, but a much larger piece of the puzzle involves the human factor. To achieve reasonable security around mobile devices, law firms must go back to basics — clear policies, effective training and thoughtful oversight, says Everett Monroe of Hanson Bridgett LLP.

  • 4 Ways Lawyers Can Improve Their Marketing

    Mike Mellor

    Attorneys may not realize the breadth of services that their marketing, design and library teams offer. One of the things I like to do when attorneys start at our firm is give them a download of the kinds of problems we can solve for them so they know how to work with us most effectively, says Mike Mellor, director of marketing at Pryor Cashman LLP.

  • Beyond Bean Counting: How Legal Can Add True Value

    david_wallace_HerbertFreehills.jpg

    For legal departments to stay in front of the crowd, cost-cutting alone is not enough. Neither is claims-driven revenue generation, nor running endless analytics of outside legal spend. This is short-term, passive, scarcity-based thinking that keeps legal departments from offering their corporate clients the greatest possible value — competitive advantage, says David Wallace of Herbert Smith Freehills LLP.

  • Best Practices For Executing Pay Equity Audits

    Excerpt from Lexis Practice Advisor
    Jeffrey M. Landes

    Although the Equal Pay Act has been in effect for 50 years, it recently gained renewed momentum with White House backing and an active task force, which has aggressively pursued employers who have violated its requirements. Jeffrey Landes of Epstein Becker Green PC guides practitioners in providing advice and counsel to employers regarding how to ensure compliance with all equal pay laws.

  • OPINION: The US Supreme Court In 2017

    James Brosnahan

    The ideologue’s main problem is believing in conformity of thought. They will now search for true believers, but fortunately very few judges harbor the dark, conservative uniformity desired. If they do find one, the Senate will not confirm, says James Brosnahan, a senior trial counsel with Morrison & Foerster LLP.

  • Merging Law Firms: Think Before You Tie The Knot

    John Remsen Jr.

    Getting larger isn’t a good enough reason to merge. Focus on whether the merger will make your firm better. Also, it’s possible that a merger can reduce profitability, says John Remsen Jr. of TheRemsenGroup.