Pennsylvania

  • December 8, 2017

    Prudential Denied Quick Win In Beneficiaries' ERISA Suit

    A Pennsylvania federal judge issued a mixed ruling in a suit accusing Prudential Insurance Co. of violating the Employee Retirement Income Security Act, granting the beneficiaries a win on their breach of fiduciary duty claim but throwing out state law claims and leaving the alleged ERISA violation up to a jury.

  • December 8, 2017

    Aide To Pa. Congressman Admits Guilt In Campaign Probe

    A former political consultant for U.S. Rep. Bob Brady, D-Pa., pled guilty Friday to making a false statement to the FBI, following his indictment in a scheme involving an illicit $90,000 campaign contribution to Brady’s rival in a 2012 congressional primary that prompted him to exit the race.

  • December 8, 2017

    Strip Club Stonewalling Wage Suit, Dancer Says

    The exotic dancer behind a proposed class action that alleged Penthouse Club Philadelphia misclassifies its dancers as independent contractors and has denied them wages asked a Pennsylvania federal court Thursday to sanction the club, saying it hasn't responded to her requests for evidence.

  • December 8, 2017

    Feds, SEC Say Broker Raised $2M In 25-Year Ponzi Scheme

    Federal prosecutors and the U.S. Securities and Exchange Commission charged a broker with running a $2 million Ponzi scheme in Pennsylvania federal court Thursday, saying Paul W. Smith fleeced investors over 25 years and cost victims more than $800,000 when the scheme collapsed.

  • December 8, 2017

    The 5 Biggest Insurance Decisions Of 2017

    Washington state's highest court surprised the insurance industry this year when it ruled that a pollution exclusion doesn't negate liability coverage if negligence is the primary cause of a loss, while other courts clarified the standards for holding insurance carriers liable for bad faith and how insurers can preserve their rights to assert coverage defenses. Here, Law360 recaps five insurance decisions that made waves in 2017.

  • December 7, 2017

    Some State, Local Cellphone Taxes Could Top 40%: Report

    The taxes, fees and surcharges that are tacked onto monthly cellphone bills will hit record levels next year, the Tax Foundation said Thursday, as impending increases could push the tax bite on a typical family plan to as high as 40 percent of the total bill in some locations.

  • December 7, 2017

    LuLaRoe Customers Seek Class Treatment In Sales Tax Spat

    Customers accusing multilevel marketing fashion retailer LuLaRoe of overcharging them $8.3 million by calculating sales tax based on the location of sellers rather than consumers asked a Pennsylvania federal judge Wednesday to grant them class status.

  • December 7, 2017

    Pa. Appeals Court Revives Medical Practice Ownership Fight

    In a decision interpreting the state statute governing limited liability companies, a Pennsylvania appeals court issued a published opinion Thursday finding that the majority owners of a defunct ophthalmology practice owed a duty to minority owners as they pursued a deal to sell the business.

  • December 7, 2017

    Atty Can't Escape Charges In Allentown Pay-To-Play Scheme

    A Pennsylvania federal judge Thursday refused to dismiss the corruption charges against a Norris McLaughlin & Marcus PA attorney who was charged alongside the mayor of Allentown in an indictment detailing a pay-to-play scheme. 

  • December 7, 2017

    Pa. Auditor General Rips Philly Parking Authority Board

    The board of the Philadelphia Parking Authority failed to properly oversee the tenure of a former executive director who ran the agency like a personal fiefdom before resigning in 2016 amid sexual harassment allegations, according to two separate reports released Thursday by Pennsylvania's auditor general.

  • December 7, 2017

    Privacy Group Asks 3rd Circ. To Scrap Google Tracking Deal

    A privacy advocacy group has urged the Third Circuit to reject Google’s $5.5 million settlement that allows the search giant to pay internet watchdogs — and not consumers — to resolve claims that it bypassed privacy settings on Apple’s internet browser Safari to track users.

  • December 7, 2017

    Ex-NJ Atty Can't Beat Prison Term In $40M Fraud Scheme

    The Third Circuit on Thursday upheld the four-year prison term handed down to a former New Jersey attorney this year for his admitted role in a $40.8 million mortgage fraud scheme, saying that a district court properly justified giving him a longer sentence than a co-conspirator.

  • December 7, 2017

    Fed. Reform Means Scores Of Tax Decisions Await States

    A swift march toward tax reform by the U.S. Congress means state legislatures, which gavel in next month, will be faced with responding to a giant overhaul of the federal tax code.

  • December 6, 2017

    3rd Circ. Rejects Redo Of DuPont $176M Price-Fixing Claims

    The Third Circuit Tuesday declined Valspar Corp.’s motion rehear a $176 million lawsuit accusing DuPont of chemical price fixing.

  • December 6, 2017

    Insurer Can't Recoup $9M Payout For Drug Theft: 3rd Circ.

    The Third Circuit on Wednesday refused to revive AXA Corporate Solutions Assurance's bid to recover its payout for the theft of a nearly $9 million pharmaceutical shipment from Sanofi-Aventis to McKesson Corp. that it insured, agreeing with a lower court that the carriers can't be held liable under a federal shipping law.

  • December 6, 2017

    Pa. Atty In Contempt Over Privilege For Divorce Records

    A Pennsylvania state judge on Wednesday found a Philadelphia attorney in contempt after he advised a client suing a Wilkes-Barre hospital over her husband’s death to not answer questions about divorce proceedings that he argued were protected by attorney-client privilege.

  • December 6, 2017

    Ex-NFLers Can't Stop Changes To Concussion Claims Process

    A Pennsylvania federal judge on Tuesday refused to reconsider his previous decision to approve a claims administrator's changes in the way a National Football League players’ brain injury settlement was implemented.

  • December 6, 2017

    Bahamian Order Does Not Bar US Asset Seizure, Court Says

    A Pennsylvania federal court on Tuesday denied an investment company’s motion that asked the court to apply a Bahamian court decision to prevent the U.S. from seizing its assets, saying the company failed to prove the substance of Bahamian law and the Bahamian Supreme Court did not have jurisdiction over the U.S.

  • December 6, 2017

    $28M Philly Xarelto Verdict Ripe For Reversal, Attys Say

    After three prior bellwether trial losses, plaintiffs in litigation over the anticoagulant Xarelto are hoping to gain momentum following a $27.8 million verdict in Philadelphia on Tuesday, but attorneys say the award faces an uncertain future thanks to testimony that additional warnings would not have changed a doctor's decision to prescribe the drug.

  • December 6, 2017

    Pa. Appeals Panel Backs Hospital Revoking Doc’s Privileges

    A Pennsylvania appellate panel ruled Wednesday that a surgeon who performed unauthorized procedures had his hospital privileges properly revoked, saying the hospital’s investigation into the surgeries complied with federal law.

Expert Analysis

  • The Most Noteworthy Class Action Developments Of 2017

    Neal Marder

    2017 has seen significant developments in the field of class action litigation. The impact of the U.S. Supreme Court’s Spokeo decision continued to work its way through the courts, the courts of appeals have made strides on issues like ascertainability and standing to pursue injunctive relief, and Congress is currently considering legislation that would alter the class action landscape, say attorneys with Akin Gump Strauss Hauer & Feld LLP.

  • Liability Insurance May Cover Intentional Acts In Penn.

    Timothy Law

    Under Pennsylvania law, liability policies can cover both deliberate conduct and intentional acts if the damage itself is unintended and not substantially certain to result from the deliberate and intentional conduct, as reaffirmed in the Pennsylvania Superior Court's recent ruling in Erie v. Moore, say Timothy Law and Brian Himmel of Reed Smith LLP.

  • How DOE's 'Grid Resiliency' Policy May Impact Gas Markets

    Chip Moldenhauer

    At the behest of the U.S. Department of Energy, the Federal Energy Regulatory Commission is soon expected to release an interim rule that subsidizes power plants that hold 90 days of fuel supply on site — i.e., coal-fired and nuclear plants — and effectively penalizes gas-fired plants. But FERC has an opportunity to mitigate the threat to gas-fired generators, says Chip Moldenhaeur of LawIQ.

  • The Intersection Of Arbitration And Choice-Of-Law Clauses

    Rachel Mongiello

    Clients on the verge of litigation with a contractual counterparty often furnish their attorneys with the negotiated contract containing a mandatory arbitration provision and choice-of-law clause. But an often overlooked question is whether the Federal Arbitration Act or the parties’ chosen law governs the arbitration itself, says Rachel Mongiello of Cole Schotz PC.

  • Top 10 Whistleblowing And Retaliation Events Of 2017

    Steven Pearlman

    The past year saw an aggressive approach to whistleblowing and retaliation actions by the plaintiffs bar and the U.S. Securities and Exchange Commission alike. Steven Pearlman and Edward Young of Proskauer Rose LLP examine the most impactful developments of 2017.

  • Opinion

    We Need A Green Amendment

    Maya van Rossum

    Instead of pleading with lawmakers to do the right thing, constitutional amendments would elevate environmental rights to the status of our most cherished liberties, says Maya van Rossum, leader of the Delaware Riverkeeper Network and director of the Environmental Law Clinic at Temple’s Beasley School of Law.

  • Series

    Judging A Book: Saris Reviews 'Locking Up Our Own'

    Judge Patti Saris

    Having just completed a six-year term as chair of the U.S. Sentencing Commission, I read Yale Law School professor James Forman's new book, "Locking Up Our Own: Crime and Punishment in Black America," with particular interest, says Judge Patti Saris, chief judge for the U.S. District Court for the District of Massachusetts.

  • COPPA: The Latest Chapter In Consumer Class Actions

    Perrie Weiner

    Though the Children’s Online Privacy Protection Act does not provide a private right of action, a recent spate of consumer class actions have attempted to use the law as a predicate for asserting violations of common law privacy-related torts and various state consumer protection statutes, say attorneys at DLA Piper LLP.

  • Why Asking About Salary History Is Risky Anywhere

    Joseph Kroeger

    Recently there has been significant attention around new laws and ordinances that prohibit employers from asking job applicants about their salary history in various U.S. states and cities. But are employers outside of these jurisdictions free to ask for salary history information of applicants without risk? Hardly, say Joseph Kroeger and Audrey Roberts of Snell & Wilmer LLP.

  • Dissecting NAIC's Insurance Data Security Model Law

    Lawrence Hamilton

    On the heels of the new Insurance Data Security Model Law recently adopted by the National Association of Insurance Commissioners, members of Mayer Brown explain the new law, its substantive requirements, and the takeaways for the insurance industry.