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Pennsylvania

  • December 12, 2018

    IMMC Trustee Wants 3rd Circ. Redo In Ch. 11 Transfer Fight

    A liquidating trustee of bankrupt mining company IMMC Corp. asked the full Third Circuit Wednesday to revisit its precedential November decision that a Delaware bankruptcy court lacked jurisdiction to transfer his $250 million adversary proceeding to Pennsylvania district court, arguing that the ruling contravened U.S. Supreme Court precedent along with the applicable law.

  • December 12, 2018

    Pa. Businesses Sue Drone Maker Over $1.4M Fire

    The tenants of a Pittsburgh-area office building have filed a Pennsylvania state court suit against DJI Technology Inc., blaming the company for allegedly defective drone batteries that sparked a December 2016 fire resulting in more than $1.4 million worth of damage to businesses and a restaurant in the building.

  • December 12, 2018

    Pa. Law Firm Hit With Debt Collection Suit By Consumers

    A Pennsylvania-based law firm is facing class claims alleging that notices it sent to consumers about actions against them did not live up to requirements under the Fair Debt Collection Practices Act.

  • December 12, 2018

    Pa. Appeals Court To Rethink Jurisdiction In NYC Siren Suit

    A Pennsylvania appeals court has ordered an en banc rehearing after a three-judge panel ruled in September that a siren manufacturer's registration to do business in the state allowed the Philadelphia County court to preside over hearing-loss claims brought by a group of New York City firefighters.

  • December 12, 2018

    Sunoco Beats Emergency Bid To Shut Down Pa. Pipelines

    A state judge has rejected an emergency petition from a group of suburban Philadelphia residents seeking to shut down Sunoco’s controversial Mariner East natural gas pipelines based on what they argued was a clear and present danger to public safety.

  • December 11, 2018

    State Farm Must Defend Accused Cyberbully In Suicide Suit

    State Farm must defend a teenage boy against a lawsuit accusing him of cyberbullying one of his classmates and pushing her to commit suicide, a Pennsylvania federal judge on Tuesday ordered, saying a home insurance policy held by the boy's mother covers the lawsuit.

  • December 11, 2018

    Climate Report Proves Carbon Regs Must Stick, EPA Told

    The dire conclusions in the blockbuster climate change report recently released by the Trump administration contradict White House efforts to roll back greenhouse gas emissions standards for vehicles and power plants and the proposals should be yanked immediately, dozens of state attorneys general and city and county attorneys said Tuesday.

  • December 11, 2018

    Pa. Health Network To Pay $12.5M For Alleged Overbilling

    Federal prosecutors in Pennsylvania announced on Tuesday that they’d inked a $12.5 million settlement with a Lehigh Valley health care network and its CEO over alleged false Medicare and Medicaid claims for orthopedic surgeries.

  • December 11, 2018

    Venezuela Breached Deal Over $1.2B Award, Crystallex Says

    Venezuela has breached its settlement with Crystallex International Corp. relating to a $1.2 billion arbitral award issued after Venezuela expropriated its investments, the Canadian miner alleged Tuesday, signaling its intent to forge ahead with efforts to seize and sell shares in Citgo Petroleum Corp.'s parent company.

  • December 11, 2018

    Pa. Appeals Court Raps Judge Again For Sex Offender Bias

    An Allegheny County Court of Common Pleas judge got her second critique from the Superior Court of Pennsylvania in as many weeks on Tuesday, when the appellate panel again questioned whether she created an appearance of bias by giving long sentences to sex offenders without apparent justification.

  • December 11, 2018

    AGs Ask SSA To Set Up ID Theft Prevention Database, Fast

    A coalition of 43 state attorneys general urged the Social Security Administration to make a priority of establishing a nationwide database for electronically matching names and dates of birth to Social Security numbers, in order to fight “synthetic identity theft” where legitimate numbers get tied to fake identities.

  • December 11, 2018

    Pa. Judge Won't Stay Derivative UHS Overbilling Claims

    A Pennsylvania federal judge has shot down a bid to pause a cluster of shareholder lawsuits over alleged overbilling by United Health Services Inc. while both a related securities class action and an investigation into potential False Claims Act violations draw to a conclusion.

  • December 11, 2018

    GNC Investors Can't Revive Securities Suit In 3rd Circ.

    GNC knocked down a proposed securities class action accusing the retailer of misleading investors about nutrition supplements that contained unlawful ingredients after the Third Circuit found Tuesday that the plaintiffs have not sufficiently alleged that company executives were knowingly or recklessly deceptive.

  • December 11, 2018

    3rd Circ. Questions 'Imminent' Shire Antitrust Actions

    The Third Circuit pressed the Federal Trade Commission on Tuesday to show why the court should revive the agency’s antitrust complaint alleging a Shire PLC unit delayed generic competition for a gastrointestinal infection drug through a series of sham regulatory petitions, expressing skepticism that a violation of federal law was “imminent.”

  • December 11, 2018

    Endo Must Face Stock-Drop Claims In Opioid Safety Suit

    Endo International PLC and several of its executives must face an investor suit alleging the company knowingly misrepresented the safety of its Opana opioid, leading to a significant stock drop when the drug was forcibly removed from the market, after a Pennsylvania federal judge said Monday that the shareholders sufficiently pled their claims.

  • 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.

Expert Analysis

  • 10 Tips For Law Firms To Drive Revenue Via Sports Tickets

    Matthew Prinn

    Many law firms have tickets or luxury suites at sporting events to host clients and prospects. Matthew Prinn of RFP Advisory Group and Matt Ansis of TicketManager discuss some of the ways that firms can use those tickets effectively.

  • Inside Key ABA Guidance On Attorneys' Cybersecurity Duties

    Joshua Bevitz

    A recent opinion from the American Bar Association provides useful guidance on attorneys’ obligations to guard against cyberattacks, protect electronic client information and respond if an attack occurs, says Joshua Bevitz of Newmeyer & Dillion LLP.

  • Opening Comments: A Key Strategic Decision In Mediation

    Jann Johnson

    Opening comments by parties in mediation that are made with the proper content and tone can diffuse pent-up emotion and pave the way for a successful resolution. But an opening presentation can do more harm than good if delivered the wrong way, say Jann Johnson and William Haddad of ADR Systems LLC.

  • 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.