• March 16, 2018

    Philly Litigator Rips Opioid Defense Attys At Conference

    A veteran Philadelphia plaintiff's attorney who is representing the city in litigation against drugmakers over the opioid crisis suggested that attention should be paid to the drug manufacturers' lawyers, at a forum on legal responses to the crisis on Friday.

  • March 16, 2018

    Ex-PharMerica Exec Shakes Trade Secrets Suit

    A Pennsylvania federal judge threw out a lawsuit Friday against an ex-PharMerica Corp. executive after finding that the pharmacy services company failed to allege she took advantage of any specific trade secrets or proprietary information when she launched a rival business.

  • March 16, 2018

    Businessman Fudged Funds To Nab $30M Loan, DOJ Says

    The owner of a company that helps employers provide legal services for their employees was charged with wire fraud in Pennsylvania federal court Friday for allegedly falsifying the company’s financial health to coax a $30 million line of credit out of potential lenders.

  • March 16, 2018

    Hernia Mesh Maker Can't Force Chubb Unit To Cover IP Suit

    A Chubb Ltd. unit doesn't have to pay for hernia mesh maker Tela Bio Inc.'s defense of a trade secrets and unfair competition lawsuit brought by competitor LifeCell Corp., a Pennsylvania federal judge ruled Friday, finding that the complaint doesn't include any potentially covered defamation claims.

  • March 16, 2018

    Pa. Revenue Agency Asserts $3.8B Tax Claim In PES Ch. 11

    Pennsylvania revenue officials lodged a preemptive $3.8 billion tax claim against bankrupt Philadelphia Energy Solutions LLC on Friday, along with an objection to the big refinery’s prepackaged, high-speed Chapter 11 reorganization.

  • March 16, 2018

    3rd Circ. Won't Grant New Trial To Car Dealer In Fax Row

    The Third Circuit on Friday denied a car dealership's bid for a new trial against the former president of a roofing company in a class action over unsolicited faxes advertising its services, rejecting claims that jury instructions were erroneous and questioning whether he could be held liable at all.

  • March 16, 2018

    Liberty Property Trust Makes 2 Pennsylvania Sales For $107M

    Liberty Property Trust has sold a number of properties in Pennsylvania through two separate transactions for a combined $106.9 million, according to an announcement on Friday from the Malvern, Pennsylvania-based real estate investment trust.

  • March 16, 2018

    2nd Circ. Case Doesn’t Clear Kelly In GWB Scandal, Say Feds

    Prosecutors on Thursday blasted the defense argument that a recent Second Circuit opinion dealing with a convicted sex offender supports a former public official's claims that she did not violate residents' civil rights to travel freely by allegedly causing gridlock near the George Washington Bridge in a political revenge scheme.

  • March 16, 2018

    Atty Bloggers Find Niche Tracking Federal Appeals Courts

    A minuscule but committed group of attorneys have toiled away blogging on specific federal appeals courts, not only bolstering their skills as practitioners and building a name for themselves as authorities but also shining a light on important courts that often want for dedicated attention.

  • March 16, 2018

    Sunoco Faces Class Action Over Pa. Pipeline Work Damage

    The owners of two suburban Philadelphia homes launched a class action against Sunoco Inc. on Thursday alleging that construction of the company’s controversial Mariner East 2 pipeline caused significant property damage and left them at risk of possible catastrophic explosion.

  • March 16, 2018

    A Chat With Littler Info Chief Durgesh Sharma

    In this monthly series, legal recruiting experts at Major Lindsey & Africa interview management from top law firms about navigating an increasingly competitive business environment. Here we feature Durgesh Sharma, chief information officer at Littler Mendelson PC.

  • March 16, 2018

    First Energy Settles Pa. Coal Contract Claim For $93M

    First Energy Corp. has finalized a $93 million settlement with a coal supplier that accused the company of improperly backing out of a 10-year contract after the closure of several power plants, according to a Pennsylvania state court filing Thursday.

  • March 15, 2018

    Finances Limit Owner's Liability For Plugging Wells: Pa. Court

    A Pennsylvania appellate court ruled on Thursday that the owner of an oil and gas company could not be held liable for the company’s failure to seal off all of its abandoned oil and gas wells, despite notices of violation from the state’s Department of Environmental Protection, because the company did not have the financial resources to do so.

  • March 15, 2018

    Pa. Atty Gets 33-Month Prison Term For Defrauding Client

    A former Pittsburgh-area attorney was sentenced to nearly three years in federal prison Wednesday after copping to charges that he stole more than half a million dollars from a client with dementia and used the money to run a newspaper he owned.

  • March 15, 2018

    Pa. Appellate Panel Won't Upend AEP Tax Payment Order

    A Pennsylvania appeals court on Thursday handed a win to the state by rejecting an exception from American Electric Power Co. and upholding a lower-court decision that a unit of the power company can’t claim a tax exemption for electricity sales it made to a local authority and maintaining the unit’s $340,000 tax bill.

  • March 15, 2018

    Workers Win 'Tolling' Ruling In Del. 3rd Circuit Query

    In a partial win for banana plantation workers pursuing a pesticide class injury claim, Delaware's Supreme Court told the Third Circuit on Thursday that statute of limitation pauses in multijurisdiction disputes end only after a clear denial of class status.

  • March 15, 2018

    Pa. Officials Follow Trump In Not Releasing Tax Returns

    Many state lawmakers have proposed legislation mandating that presidential candidates disclose their tax returns, but their states' own leaders sometimes keep that information secret, including three Republican candidates for Pennsylvania governor who recently said they will not release their returns.   

  • March 15, 2018

    Asylum Seekers In 5 States Challenge Trump's Parole Policies

    Several asylum seekers filed a putative class action against the federal government in D.C. federal court Thursday, alleging the Trump administration is categorically denying parole requests at detention facilities in California, Michigan, New Jersey, New Mexico and Pennsylvania, in violation of the U.S. Constitution and federal laws and policies.

  • March 15, 2018

    Pa. Court Affirms Defense Verdict In Child’s Flu Death Suit

    A Pennsylvania appeals court on Thursday said it would not upend a defense verdict in a lawsuit looking to hold a Philadelphia-area pediatrics practice liable for allegedly failing to offer a flu shot to a child who went on to die from the illness a month later.

  • March 15, 2018

    Grocers Can't Condition Info On Union Waivers: NLRB Judge

    A grocery store chain violated federal labor law by telling a group of Pennsylvania workers during a union campaign it would only reveal forthcoming wage and benefit changes if they agreed to waive a union’s power to file charges over the disclosure, a National Labor Relations Board judge ruled Wednesday.

Expert Analysis

  • Personal Jurisdiction In 3rd Circ. After 'Shuker'

    David Currie

    While much of the Third Circuit's recent opinion in Shuker v. Smith & Nephew is devoted to federal preemption of certain state law claims, the consequences of the court's treatment of personal jurisdiction may reach even further, says David Currie of Vinson & Elkins LLP.

  • Lawyering A La Carte: Unbundled Dispute Resolution Services

    David Wallace

    There's no reason for limiting unbundled legal services to family law or even pro se litigants. Wider adoption, especially by litigators, presents an opportunity to correct law's distribution and pricing problem, to make justice practically available to all, and to dethrone litigation as the "sport of kings," says New York-based trial lawyer David Wallace.

  • Doling Out 'Fair Shares' Of Asbestos Liability

    Theresa Mullineaux

    The Pennsylvania Superior Court recently ruled that the Fair Share Act applies to asbestos litigation, meaning that defendants are only responsible for the percentage they are found liable for. Defendants in such cases should ensure that all possibly liable defendants are timely joined as parties in the lawsuit, says Theresa Mullineaux of Husch Blackwell LLP.

  • You’re Perfect, Now Change: Perfectionism Hurts Lawyers

    Peter Norman

    Like medical professionals, lawyers often resist policies to reduce errors due to the culture of perfectionism that permeates the industry. Autonomy is key to the legal professional's prestige and the outward demonstration of competence is key to maintaining autonomy, says Peter Norman of Winnieware LLC.

  • Opinion

    Grassley, Feinstein Debate Judicial Vetting, Obstruction

    Sen. Chuck Grassley

    It is undisputed that in his first year in office President Trump was able to confirm a significant number of judges to the federal bench. How it happened — and whether it's a good thing — are debated here by Sen. Chuck Grassley, R-Iowa, and Sen. Dianne Feinstein, D-Calif.

  • A Potential Shift On Education Debt Discharge Standards

    Amir Shachmurove

    To its detractors, the so-called Brunner test, which is used to establish the dischargeability of student loan debts, stands out like a sore thumb. However, in an unexpected move, the U.S. Department of Education recently published a memo calling for comments that hinted it might be considering eliminating or modifying this standard, say attorneys with Troutman Sanders LLP.

  • 3rd Circ. Gets It Partly Right On Component Preemption

    Michelle Hart Yeary

    The recent Third Circuit opinion in Shuker v. Smith & Nephew got the most important issue right — when you have a multicomponent medical device, premarket approval preemption is to be addressed on a component-by-component basis. This is an important question, because surgeons engaging in off-label use do mix and match parts with different regulatory backgrounds, says Michelle Yeary of Dechert LLP.

  • Will High Court Provide Clarity On 'Clear Evidence'?

    Erin Bosman

    The U.S. Supreme Court may soon revisit a seminal decision on products liability law for pharmaceutical manufacturers. If the court grants Merck & Co.'s request for certiorari in Fosamax, it could signal that lower courts, as well as branded manufacturers, will finally receive guidance on Levine’s "clear evidence" standard, say attorneys with Morrison & Foerster LLP.

  • State And Local Tax Scoreboard: 2017 In Review

    State And Local Tax Scoreboard: 2017 Year In Review

    In this review of state and local tax decisions in 2017, Charles Capouet and Jessica Allen of Eversheds Sutherland LLP share observations on taxpayers’ outcomes in corporate income tax and sales and use tax cases, and look back at significant rulings such as the Pennsylvania Supreme Court’s decision in Nextel.

  • VoIP Services May Fall Beyond TCPA's Scope

    Louis DePaul

    A Pennsylvania district court's recent opinion in Klein v. Commerce could prove to be critical in curtailing Telephone Consumer Protection Act claims by providing a strong precedent to support the proposition that free voice over internet protocol services do not fall within the scope of the TCPA, say Louis DePaul and Alison Viola of Eckert Seamans Cherin & Mellott LLC.