Pennsylvania

  • August 17, 2017

    NFL Opposes Extension For Institutionalized Class Members

    The NFL on Thursday opposed a motion made by an attorney representing former football players in the concussion settlement class in Pennsylvania federal court asking for a yearlong extension for “institutionalized” ex-players to register for potential settlement benefits, arguing that the settlement already allows such late claims for “good cause.”

  • August 17, 2017

    Pa. AG Appeals False Ad Suit Against Nursing Home Chain

    The Pennsylvania attorney general urged the state’s Supreme Court on Wednesday to overturn a ruling finding that it did not have grounds to sue a nursing home chain over alleged misrepresentations it made about the quality of care provided to residents.

  • August 17, 2017

    Wellbutrin Buyers Didn’t Show Harm By GSK, 3rd Circ. Says

    The Third Circuit on Thursday revealed the reasoning behind its decision earlier this month to affirm a win for GlaxoSmithKline PLC in litigation accusing it of stifling generic competition for Wellbutrin XL, saying the purchasers who brought the suit did not show they were injured by GSK.

  • August 17, 2017

    Core Of Pa. Valuation Co.'s Trade Secret Suit Advances

    A Pennsylvania federal judge ruled Thursday that the core of a Philadelphia-based business valuation company’s trade secrets and poaching suit against five former employees and a rival can move forward, saying it was too early to reach any conclusions about the employment agreements in question.

  • August 17, 2017

    3rd Circ. Revives Exotic Dancer's Wage Suit

    The Third Circuit on Thursday revived a putative collective and class action alleging a New Jersey adult nightclub underpaid an exotic dancer, issuing a precedential ruling clarifying that statutory claims fall outside of arbitration agreements unless the clauses specifically mention them.

  • August 17, 2017

    BIA Must Rethink Asylum For Gang-Targeted Man: 3rd Circ.

    The Third Circuit on Wednesday vacated and remanded a Board of Immigration Appeals decision denying review of a Salvadoran native’s petition for asylum, finding the court improperly ruled that a violent gang targeted the man because he was a shop owner, rather than because he had made negative statements about the gang.

  • August 17, 2017

    Comcast Can’t Increase $1.5M Award In Sprint Text IP Suit

    A Pennsylvania federal judge on Wednesday denied Comcast Cable Communications’ request for a new trial to increase the $1.5 million jury award it received in its patent suit accusing Sprint Communications Company of stealing text message technology, saying there was sufficient evidence to support the jury’s decision.

  • August 17, 2017

    Pa. Environmental Regulators To Weigh Limits On Carcinogen

    In the wake of lawsuits from Philadelphia-area residents over alleged water contamination from nearby military facilities, Pennsylvania environmental regulators agreed on Wednesday to study whether to cap the amount of a certain cancer-causing chemical in drinking water supplies.

  • August 17, 2017

    Aetna Wins Stay In ACA Withdrawal Suit For Internal Probe

    A Pennsylvania state judge agreed Wednesday to pause a derivative lawsuit against Aetna Inc. as a special committee investigates allegations that the company withdrew from Affordable Care Act insurance exchanges to make good on threats aimed at coercing government approval of its now-defunct merger with Humana Inc.

  • August 16, 2017

    Pa. Landowner Says Rival's Mining Permit Issued In Error

    A Pennsylvania landowner told the state’s Environmental Hearing Board on Wednesday that the Department of Environmental Protection improperly renewed a surface mining permit to a rival in the ash disposal business, saying the company had forfeited its bond for work on the site by failing to comply with previous requirements.

  • August 16, 2017

    3rd Circ. Says TCPA Class Can Be Identified In BMW Fax Suit

    The Third Circuit on Wednesday clarified an ascertainability standard for class actions, finding that a class of car dealers who were faxed unsolicited BMW financial services advertisements could be identified through database records and affidavits.

  • August 16, 2017

    Tucker Arensberg Snags Atty For New White Collar Practice

    Tucker Arensberg PC announced Wednesday that it has tapped Goldberg Katzman PC criminal defense group chair Jerry Russo to come on board as the firm looks to launch a new white collar practice.

  • August 16, 2017

    Settlement Administrator Impeding Process, Ex-NFLers Say

    Sixteen former National Football League players on Tuesday accused the claims administrator overseeing the distribution of benefits from the multidistrict litigation over football-related brain injuries of missteps in its implementation of the 2015 settlement agreement, saying it was adding requirements that were not part of the initial deal.

  • August 16, 2017

    Pa. Court Says GM Can Alter Warranty Work Reimbursements

    The Pennsylvania Commonwealth Court on Wednesday reversed a determination by a state agency that found General Motors improperly changed its policy on reimbursements for dealers’ warranty work, concluding that the shift was made under a contract that was not governed by state law.

  • August 16, 2017

    New Discovery Review Ordered In Pa. DA's Defamation Suit

    A Pennsylvania appeals court said Tuesday that a trial judge had failed to consider whether state law or other evidentiary privilege barred access to criminal records being sought in a defamation case over criticism the Lehigh County district attorney faced on a radio show for his work as a prosecutor.

  • August 15, 2017

    3rd Circ. Divides Stryker Poaching Suit Between Calif., NJ

    The Third Circuit ruled Tuesday that a New Jersey-based Stryker Corp. unit's claims that its former sales representatives improperly solicited the company's clients in California to benefit its competitors must be litigated separately between the two states under a new framework for cases where forum selection clauses only apply to certain parties.

  • August 15, 2017

    Pa. Court Tosses Med Mal Suit Against Penn State Hospital

    A Pennsylvania appellate court on Tuesday affirmed the dismissal of a suit accusing Penn State University’s Hershey Medical Center of medical negligence, rejecting the patient’s argument that the hospital’s withholding of medical documents prevented him from timely submitting a certificate of merit as required by law.

  • August 15, 2017

    3rd Circ. Says NRC's Rules Trump ADA In Worker Firing Suit

    The Third Circuit on Tuesday said Pennsylvania Power & Light Co. did not violate the Americans with Disabilities Act by firing a security officer at a nuclear power plant who purportedly grappled with mental health issues and alcoholism, finding the move protected under U.S. Nuclear Regulatory Commission guidelines.

  • August 15, 2017

    Pa. Woman Says Rodent Was Baked Into Chick-Fil-A Sandwich

    A Pennsylvania woman ordered a Chick-fil-A chicken sandwich with no butter, no pickles and, impliedly, no vermin, but instead received a sandwich with a small rodent baked into the bun, according to a complaint filed in state court.

  • August 15, 2017

    Pa. Court Favors Enviros In Fight Over Consol Coal Mine

    The Pennsylvania Environmental Hearing Board on Tuesday delivered a victory to environmental groups challenging Consol Energy Inc.'s expansion of the largest underground coal mining operation in North America, rejecting a revised permit that allowed the company to damage a nearby stream.

Expert Analysis

  • DTSA Developments Raise Inadvertent Disclosure Questions

    Victoria Bruno

    In Fres-co Systems v. Hawkins, the Third Circuit recently applied what appears to be the inevitable disclosure doctrine. The opinion did not distinguish between the plaintiff’s claims under the Defend Trade Secrets Act and the Pennsylvania Uniform Trade Secrets Act, so the mere threat of misappropriation may be sufficient under both statutes to warrant granting a preliminary injunction, say attorneys with Womble Carlyle Sandridge & Rice LLP.

  • Series

    Judging A Book: Kopf Reviews Posner's 'Federal Judiciary'

    Judge Richard Kopf

    There is a wonderful sketch of Seventh Circuit Judge Richard Posner dressed in a black robe with arms outstretched as if they were the billowing wings of a lean vulture. He is kicking a human brain down a hallway and wearing a half-smile that looks for all the world like a sneer. That sketch is the perfect metaphor for both Judge Posner and his new book, "The Federal Judiciary: Strengths and Weaknesses," says U.S. District Judge Ri... (continued)

  • The Use Of Special Masters In Complex Cases

    Shira Scheindlin

    Special master appointments can be very beneficial in resolving disputes quickly, streamlining discovery, handling delicate settlement negotiations, and — somewhat surprisingly — reducing cost and delay, says retired U.S. District Judge Shira Scheindlin, now with JAMS.

  • Roundup

    Notes From A Law Firm Chief Privacy Officer

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    As more law firms become the targets of major cyberattacks, more firms may consider appointing a chief privacy officer. In this series, CPOs at four firms discuss various aspects of this new role.

  • Zero Emissions Credit Litigation: The Road Ahead

    Gordon Coffee

    Last month, federal courts dismissed challenges to zero emissions credit programs in Illinois and New York. But as the plaintiffs appeal, an issue with broad consequences for the energy industry looms: whether anyone other than the Federal Energy Regulatory Commission can ask a federal court to declare that state programs affecting wholesale energy markets are preempted, say Gordon Coffee and Tyson Smith of Winston & Strawn LLP.

  • Series

    Notes From A Law Firm Chief Privacy Officer: New Demands

    Phyllis Sumner

    For outside counsel, oftentimes efficiency and responsiveness collide with security measures as clients are increasingly requiring their law firms to comply with third-party risk management programs. To meet these challenges, law firms are focusing more on the roles of chief privacy officer and chief information security officer, says Phyllis Sumner, chief privacy officer for King & Spalding LLP.

  • Opinion

    It's Time To Improve Voir Dire In Federal Court

    Lisa Blue

    During the jury selection process, many times parties submit proposed voir dire questions, but the court ultimately chooses the questions to be asked and does all of the questioning of the jury panel. While this approach is judicially efficient, rarely do we learn anything meaningful from the panel members, say Lisa Blue of Baron and Blue and Robert Hirschhorn of Cathy E. Bennett & Associates.

  • Series

    Notes From A Law Firm Chief Privacy Officer: Insider Risks

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    As law firms hold sensitive information not only related to the firm but to the firm’s clients, an insider threat — whether it's a "bad actor employee" or inadvertent activity — poses a particular concern. There are steps that privacy officers can initiate to help minimize these threats, says Patricia Wagner, chief privacy officer for Epstein Becker Green.

  • Series

    Notes From A Law Firm Chief Privacy Officer: Balancing Act

    Kristin Jones

    As the role of law firm chief privacy officer becomes more prevalent and expansive, many CPOs are finding themselves in the midst of a delicate balancing act — weighing compliance with government regulations and client requirements on one side with the needs of firm business on the other, says Kristin Jones, chief privacy officer for Stradley Ronon Stevens & Young LLP.

  • 8 Years Of Health Care Enforcement: Doing Less With More

    Michael Loucks

    Despite the allocation of an additional $708 million in health care enforcement resources between 2008 and 2016, increases in financial recoveries and the prosecution of individuals never materialized. Attorneys with Skadden Arps Slate Meagher & Flom LLP explore what happened and what can be changed.