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Pennsylvania

  • December 10, 2018

    Ret. Judge Tapped To Probe NFL Settlement Fraud Allegations

    The Pennsylvania federal court overseeing the landmark NFL concussion settlement appointed a retired judge Monday to serve as a special fraud investigator to dig into allegations that doctors and players were gaming the system, handing the league a quiet win on a request that had been embroiled in a firestorm of controversy just a few months ago.

  • December 10, 2018

    3rd Circ. Revives Temps' Pa. Law Claims In Commute Pay Suit

    The Third Circuit ruled Monday that temporary workers brought in to make steel while a specialty metal company locked out its unionized workers didn’t deserve pay for time spent crossing a picket line under the Fair Labor Standards Act, though it revived their Pennsylvania law claim.

  • December 10, 2018

    J&J To Face Bulk Of Buyers' Claims In Remicade Antitrust Suit

    A Pennsylvania federal judge largely refused Friday to toss antitrust claims from buyers of Johnson & Johnson immunosuppressant Remicade, concluding that only sham litigation allegations and some state law consumer protection accusations must go while maintaining most of the suit alleging J&J compelled insurers not to cover competing biosimilars.

  • December 10, 2018

    Home Depot Can't Keep Drywall Suit Out Of Antitrust MDL

    The U.S. Judicial Panel on Multidistrict Litigation overruled Home Depot’s objections Monday and lumped the retailer’s drywall price-fixing claims into related litigation consolidated in Pennsylvania federal court, finding the tie-in would be the most efficient way to handle the new suit even if the MDL is winding down.

  • December 10, 2018

    Sunoco Pushes Pa. PUC To Ax Pipeline Shutdown Bid

    A Sunoco Inc. unit says objectors who have asked Pennsylvania to shut down two pipelines for transporting liquid natural gas couldn't prove that the pipelines were sufficiently dangerous or that the public lacked sufficient information about them, according to a brief filed Friday with the state's Public Utility Commission.

  • December 10, 2018

    Fashion Retailer To Pay $3.5M To Button Up EEOC Probe

    A retailer of women’s fashion and accessories has agreed to pay $3.5 million to settle a systemic U.S. Equal Employment Opportunity Commission investigation into the company’s handling of accommodations for pregnant employees and workers with disabilities, the agency announced Monday.

  • December 10, 2018

    Credit Union Faces Customer Suit Over Overdraft Fees

    Members First Federal Credit Union is facing class claims in Pennsylvania state court over its alleged practice of systematically charging overdraft fees on customers even if they have not actually overdrawn their accounts.

  • December 10, 2018

    Investment Co. Sues Schnader Harrison Over $10M Deal Flub

    A Schnader Harrison Segal & Lewis LLP attorney allowed a Canadian investment firm to become “ensnared in a toxic relationship” with an electric vehicle company by allowing the investment firm's stock value to be undercut and costing the firm $10 million, according to a malpractice suit filed Friday in New York federal court.

  • December 10, 2018

    Move Montgomery McCracken Malpractice Row To NY: Judge

    A Pennsylvania federal magistrate judge recommended on Monday that a proposed class action accusing Montgomery McCracken Walker & Rhoads LLP of botching toxic tort claims against Tronox Inc. be moved to the same New York court where the alleged $620 million malpractice took place as part of a bankruptcy proceeding.

  • December 10, 2018

    Pa. Senate Wants Atty DQ'd In Sexual Harassment Suit

    The Pennsylvania state Senate has asked a federal court to disqualify counsel for an employee alleging that the Senate's former head of security sexually harassed her, saying the attorney also represents another employee who has been added as a third-party defendant.

  • December 10, 2018

    John Gibbons, Former 3rd Circ. Chief Judge, Dies At 94

    John J. Gibbons, a Gibbons PC name partner and former Third Circuit chief judge known as a champion of civil liberties, staunch constitutionalist and fierce critic of the death penalty, died Sunday at the age of 94, the law firm said.

  • December 10, 2018

    Bass Berry, Davis Polk Steer Tivity's $1.3B Nutrisystem Buy

    Fitness and health improvement program provider Tivity Health Inc., steered by Bass Berry & Sims PLC, has agreed to buy Davis Polk & Wardwell LLP-led Nutrisystem Inc. in a cash-and-stock deal that gives the Pennsylvania-based weight loss and diet plan company a roughly $1.3 billion enterprise value, the companies said Monday.

  • December 7, 2018

    J&J Can't Escape Retailers' Antitrust Suit Over Remicade

    Johnson & Johnson must face an antitrust suit accusing the drugmaker of foisting the brand drug Remicade on pharmacies and preventing them from carrying competing biosimilars, according to a Pennsylvania federal judge's ruling released Friday.

  • December 7, 2018

    Pa. Appeals Court Upholds SEPTA Win In Bus Injury Suit

    A woman who claims she was injured on a Philadelphia bus when an intoxicated passenger grabbed her neck after the vehicle accelerated can't prove the Southeastern Pennsylvania Transportation Authority was negligent, a Pennsylvania appeals court ruled Thursday.

  • December 7, 2018

    Customer Service Reps Sue Verizon Over Unpaid Work Hours

    Verizon was slapped with class claims in Pennsylvania federal court Friday alleging that the wireless giant failed to pay customer service representatives overtime wages for time spent reviewing emails and doing other work when they were formally off the clock.

  • December 7, 2018

    Pipeline Contractor Says EQT Skipped Bill On Spill Cleanup

    A pipeline construction contractor filed a lawsuit in Pennsylvania state court Thursday claiming that EQT Gathering LLC is refusing to pay a nearly $2 million bill for cleaning up another company’s spill on its construction site.

  • December 7, 2018

    Medical Device Co. Can't Duck Philly Mass Tort Jurisdiction

    A Pennsylvania judge has said he will continue to allow out-of-state residents to pursue claims against a Canadian medical device manufacturer as part of a mass tort program in Philadelphia County court over allegedly defective vein filters.

  • December 7, 2018

    Data-Driven Lawyer: Morgan Lewis' J. Kyle Poe

    Morgan Lewis' J. Kyle Poe, a self-proclaimed "elder millennial," created a client management platform to streamline the firm's work in asbestos litigation that is now used across practice areas, making the firm's business more efficient and upping its ability to attract clients through innovative fee arrangements, earning him a spot on our 2018 list of Data-Driven Lawyers.

  • December 7, 2018

    Cozen O'Connor Malpractice Case Nixed After Atty Quits

    A family trust has lost its legal malpractice suit against Cozen O'Connor after a Pennsylvania state court judge let the trust's lawyer withdraw and ruled that the law firm hadn't filed a suit for the trust in the wrong court and botched a $6.8 million judgment.

  • December 6, 2018

    ArcelorMittal Values South African Arbitral Award At $2.2M

    ArcelorMittal South Africa Ltd. filed a proposed order of judgment in Pennsylvania federal court Thursday, saying the value of a recently confirmed arbitration award issued against an American mill equipment maker in a dispute over a South African desulfurization plant comes to $2.2 million. 

Expert Analysis

  • Top 10 Whistleblowing And Retaliation Events Of 2018

    Steven Pearlman

    This year saw significant changes in the landscape of whistleblower and retaliation law, including a game-changing decision from the U.S. Supreme Court and the three largest bounty awards issued in the history of the U.S. Securities and Exchange Commission, say Steven Pearlman and Meika Freeman of Proskauer Rose LLP.

  • State Net

    More State Issues The Blue Wave May Shape In 2019

    Rich Ehisen

    In the second installment of this three-part legislative preview, Rich Ehisen of State Net Capitol Journal examines a number of issues that should keep state lawmakers occupied next year.

  • It's Harder To Withdraw From MDLs — For Good Reason

    Jennifer LaMont

    Motions by counsel to withdraw from representation that are filed earlier in a case will more likely succeed. But the complexity and costs of multidistrict litigations may speed up the stopwatch as to when motions to withdraw are not viable, say Jennifer La Mont and Kaitlyn Stone of Drinker Biddle & Reath LLP.

  • Medical Marijuana Poses ADA Risks For Pa. Health Care Cos.

     Mariah Passarelli

    For health care employers, the enactment of Pennsylvania's Medical Marijuana Act has further complicated navigation of reasonable accommodations under the Americans with Disabilities Act. Mariah Passarelli of Cozen O’Connor discusses the pitfalls companies face at the crossroads of these two statutes.

  • Pa. Cos. Face Greater Risks Related To Workers' Personal Info

    Carol Steinour Young

    In Dittman v. UPMC, the Pennsylvania Supreme Court recently held that employers storing employee information on internet-accessible computer systems have a common law duty to protect that data from any foreseeable risk of harm, exposing companies in the state to increased liability, say Carol Steinour Young and Sarah Dotzel of McNees Wallace & Nurick LLC.

  • Series

    Judging A Book: Ginsburg Reviews 'The Curse Of Bigness'

    Judge Douglas Ginsburg

    When reading Tim Wu’s new book, "The Curse of Bigness: Antitrust in the New Gilded Age," lawyers, economists and historians will find its broad brush maddening, and the generalist reader will simply be misled, says D.C. Circuit Judge Douglas Ginsburg.

  • 5 Things You Should Know About New Rule 23 Amendments

    John Lavelle

    For the first time in 15 years, Federal Rule of Civil Procedure 23, governing class actions, has been amended. There are five key changes that will likely impact future federal class action litigation and settlements, say John Lavelle and Terese Schireson of Morgan Lewis & Bockius LLP.

  • State Net

    State Lawmakers Face Familiar Challenges In 2019

    Korey Clark

    Many of the issues that are most likely to draw the attention of state lawmakers next year — including cybersecurity, internet and data privacy, blockchain and cryptocurrencies, sales taxes on remote sellers, transportation and telecommunications infrastructure, and marijuana — are already familiar, says Korey Clark of State Net Capitol Journal.

  • Tangible Property Sales Taxes Don't Apply To Intangibles

    Craig Fields

    Recent tax decisions in Pennsylvania and Michigan highlight taxing authorities' unsuccessful attempts to assert sales and use tax on products and services that use new technologies not contemplated by old taxing statutes, say Craig Fields and Rebecca Balinskas of Morrison & Foerster LLP.

  • In Hip Implant MDL, Preemption Cuts Across State Lines

    Michelle Hart Yeary

    Plaintiffs in the Smith & Nephew Birmingham Hip Resurfacing multidistrict litigation were subject to different states' statutes of limitations. But whether you bleed Michigan blue or you live where a grizzly bear is your only neighbor, preemption unites us all, says Michelle Hart Yeary of Dechert LLP.