Pennsylvania

  • March 28, 2017

    3rd Circ. Won't Send Birth Control Mass Tort To State Court

    A Third Circuit panel told a group of 113 birth control users Tuesday that their product liability suit against Endo Pharmaceuticals and other manufacturers over faulty packaging belongs in federal court, finding in a precedential ruling they failed to explicitly say they did not want to try their claims jointly under the Class Action Fairness Act.

  • March 28, 2017

    Pa. Justices Bar Suspended Attys From Unemployment Cases

    The Pennsylvania Supreme Court issued a 6-to-1 decision on Tuesday finding that suspended attorneys could not represent individuals in matters before the state's Unemployment Compensation Board of Review despite rules allowing claimants to have a representative of their choice, including non-attorneys.

  • March 28, 2017

    Universal Health Boosted Stock Via Mismanagement: Suit

    A shareholder suit filed in Pennsylvania state court accuses directors of Universal Health Services Inc. of selling off millions of dollars' worth of company stock after artificially inflating share prices through a deliberate mismanagement scheme.

  • March 28, 2017

    Pennsylvania Lawmakers Push For Video Gambling Expansion

    A bipartisan group of lawmakers from both houses of the Pennsylvania Legislature on Monday announced plans for a major push to expand gambling in the state, including video gambling at retail establishments, bars and restaurants.

  • March 28, 2017

    Judge Chides Philly DA's Atty For Making Limited Appearance

    An attorney looking to back out from representing Philadelphia's recently indicted district attorney was chided by a federal judge on Tuesday for attempting to get involved in the bribery case on a limited basis despite concerns about potential conflicts of interest and the DA’s ability to pay legal fees.

  • March 28, 2017

    Ex-NFLers Oppose Fees From Concussion Settlement

    Nearly 200 former NFL players and their families seeking recovery from an uncapped NFL concussion settlement on Monday objected to a 5 percent set-aside sought from their potential awards by the lead class attorneys from Seeger Weiss LLP and Anapol Weiss, arguing that such an amount is not appropriate at this time.

  • March 28, 2017

    Pa. Justices Won't Revive Citizens' Bid For Enviro Study

    The Pennsylvania Supreme Court on Tuesday batted down an appeal from a group of state residents seeking a court order requiring the governor’s office and several state regulators to conduct studies and develop plans to reduce greenhouse gases, upholding a lower court’s decision that the petitioners do not have a clear right to have these requests satisfied.

  • March 28, 2017

    Pfizer, Ex-Employee Reach Agreement In Trade Secrets Row

    A Pennsylvania federal judge Monday dismissed a case in which Pfizer Inc. accused a former global marketing director of misappropriating its trade secrets, after Pfizer and the former employee reached an agreement to halt all use of the company’s confidential information.

  • March 28, 2017

    Natural Gas Pipeline Inspectors Lose Cert. Bid In OT Fight

    A Pennsylvania federal judge has refused to certify a proposed class of natural gas pipeline inspectors for Gulf Interstate Field Services Inc. in a Fair Labor Standards Act overtime suit, finding that the named workers in the suit aren’t similarly situated.

  • March 28, 2017

    Fosamax Ruling Aids Wellbutrin Case, 3rd Circ. Told

    Wellbutrin buyers continued to urge the Third Circuit Monday to overturn a decision nixing their pay-for-delay suit against GlaxoSmithKline PLC over its popular antidepressant drugs, saying the appeals court’s recent precedential ruling in a product liability case over the drug Fosamax further supports their arguments.

  • March 27, 2017

    Next Philly DA May Make White Collar Crime A Big Target

    With Philadelphia preparing to elect a new district attorney, a number of entrants in the race say that white-collar crime deserves much more attention than it has received under embattled current officeholder Seth Williams, but few think the office is poised to emulate the outsized role of state prosecutors in Manhattan.

  • March 27, 2017

    Pa. Atty Beats Malpractice Suit Over Failed Med Mal Case

    A split Pennsylvania appellate court panel on Monday affirmed the dismissal of a legal malpractice suit accusing an attorney of failing to obtain an expert opinion which purportedly doomed a couple’s medical malpractice case, saying the couple’s medical witness was not qualified as an expert under state law.

  • March 27, 2017

    Indicted Philly DA's Atty Wants Out Of Bribery Case

    An attorney who represented Philadelphia’s indicted district attorney in an initial court appearance last week asked a federal judge on Friday to allow him to withdraw his representation over both potential conflicts of interest and concerns that the DA, who is facing bribery charges, would be unable to pay his mounting legal bills.

  • March 27, 2017

    FTC Gets Ex-Patent Atty Testimony Blocked In Androgel Suit

    A Pennsylvania federal judge sided with the Federal Trade Commission in the agency's antitrust suit against AbbVie on Monday, striking an expert report and preventing the testimony of a retired Covington & Burling LLP patent attorney.

  • March 27, 2017

    Justices Nix Arbitration Appeal In Nursing Home Death Suit

    The U.S. Supreme Court said Monday it would not hear an appeal of a decision by Pennsylvania’s highest court allowing separate arbitration hearings for survival claims brought as part of wrongful death suits against skilled nursing facilities.

  • March 27, 2017

    CEO Gets 3 Years' Probation In Wastewater Sample Cover-Up

    The owner of a Pennsylvania environmental services company was sentenced to three years of probation and over $100,000 in fines Friday after pleading guilty to several counts stemming from accusations he and the company ordered workers to discard samples from wastewater treatment facilities that he believed would violate pollutant limits.

  • March 27, 2017

    Mid-Trial Ruling Axes Pa. Treasury Pay-To-Play Case

    A Pennsylvania federal judge issued a rare mid-trial ruling on Monday throwing out the government’s case against a suburban Philadelphia businessman accused of donating hundreds of thousands of dollars to a former state treasurer in a pay-to-play scheme aimed at influencing investment decisions.

  • March 24, 2017

    Nursing Home Co. Escapes Pa. Gov’t Suit Over Patient Care

    A Pennsylvania appeals court tossed a suit brought by the state attorney general’s office accusing a nursing home chain of misrepresenting the level of care it provides patients, saying certain statements the company made in advertising materials were “puffery” rather than false advertising.

  • March 24, 2017

    Pa. School District Sues Turf Provider Over Defective Fibers

    A Pennsylvania school district on Thursday filed the latest in a number of would-be class action lawsuits accusing Fieldturf USA in Pennsylvania federal court of providing fields that it knew had defective artificial turf fibers.

  • March 24, 2017

    Enviros Want DC Circ. To Stop Atlantic Sunrise Pipeline

    The Sierra Club, along with a coalition of activist groups, on Thursday asked the D.C. Circuit to review an order by the Federal Energy Regulatory Commission that granted a certificate for the Atlantic Sunrise pipeline aimed at delivering natural gas from northern Pennsylvania to markets farther south, arguing that it oversold its benefits and held major environmental costs.

Expert Analysis

  • 'Frontier' Issues: Pay-For-Delay And Patent Holdup

    Lesli C. Esposito

    Though the length of Acting Chairwoman Maureen Ohlhausen's tenure at the Federal Trade Commission remains unknown, life sciences and technology should prepare themselves for the changes that she has signaled regarding "frontier" areas of antitrust law including pay-for-delay and patent holdup, says Lesli Esposito of DLA Piper.

  • Jam Recipe Yields 1st DTSA Verdict

    Thomas A. Muccifori

    A federal jury in Pennsylvania recently returned the first verdict under the Defend Trade Secrets Act. Although Dalmatia’s proprietary fig spread recipes would have been protected under the Pennsylvania Uniform Trade Secrets Act, the case stands as a reminder of the powerful protections that can arise from the DTSA in the proper factual scenario, say Thomas Muccifori and Daniel DeFiglio of Archer & Greiner PC.

  • Potential Class Cert. Pitfalls Lurking In Local Rules

    Stephen R. Smerek

    Is there a deadline to move for class certification? When is the deadline? Should the parties stipulate to an extension? And, if they do, will the court grant it? Every practitioner must carefully evaluate these questions at the outset of any putative class action to develop a cohesive strategy for addressing certification issues and avoid potential risks hidden in local rules, say Stephen Smerek and Shawn Obi of Winston & Strawn LLP.

  • Are Your In-House Lawyers Happy?

    Aric Press

    What is the mood of the nation’s in-house lawyers? Aric Press — a partner at Bernero & Press LLC and former editor-in-chief of The American Lawyer — shares the findings of a recent survey of more than 800 in-house counsel.

  • Liability Of Premises Owners In The Age Of Social Media

    Douglas Pfeiffer

    When social media is used to broadcast or coordinate the details of planned and potentially criminal conduct — such as looting stores or starting fights — what legal responsibility does a premises owner have to an invitee injured by the resulting criminal action? Businesses will not be able to avoid liability by willfully ignoring social media, say Douglas Pfeiffer and Joshua Kahn of Miles & Stockbridge PC.

  • Trump's Skinny EPA Budget Could Have Far-Reaching Impacts

    Jim W. Rubin

    A review of President Donald Trump's recent budget proposal suggests that none of his goals for the U.S. Environmental Protection Agency would be well-served. In fact, the EPA, states, tribes and other federal agencies would all face serious issues in protecting human health and the environment, says Jim Rubin of Dorsey & Whitney LLP.

  • Google, NASA, Planes And A Stronger Legal Team

    Nicholas Cheolas

    Why did minor mechanical issues bring down two airplanes, while a catastrophic engine explosion did not bring down a third? The answers lie, in part, in research conducted by NASA in the wake of those crashes and, more recently, by Google. And those answers can help organizations build better teams to meet today’s legal industry challenges, says Nicholas Cheolas of Zelle LLP.

  • 10 Tips For Better Legal Negotiations

    Marc J. Siegel

    Like everything else, the art of negotiation starts by having a conversation. It’s about being respectful, finding common ground, knowing what you want and, most importantly, listening. A conversation between two lawyers can be complicated at best, but by employing a few techniques and tactics, it doesn’t have to be that way, says Marc Siegel of Siegel & Dolan Ltd.

  • Monthly Column

    Gray Matters: Decision Error

    Gray Matters

    Lawyers make hundreds of decisions during the course of advising a client, consummating a transaction or litigating a case. In this new column, dispute resolution experts Bob Creo and Selina Shultz explore the theory, science and practical aspects of how decisions are made in the legal community.

  • Law Schools And Law Firms: Seeking Common Ground

    Randy Gordon

    What we don’t know is whether the teaching and practice of law are undergoing massive structural changes or we’re still digging out from the worst economic collapse since the Depression. But what we do know is that the missions of the most forward-looking law schools and law firms are converging in ways that were unimaginable 10 years ago, says Randy Gordon, a partner at Gardere Wynne Sewell LLP and executive professor of law at Te... (continued)