The Legal Intelligencer Blog

Sandusky Loses Bid to Delay Trial

By Ben Present
Of the Legal Staff

The Pennsylvania Superior Court has denied an 11th-hour attempt from Jerry Sandusky’s defense to delay the trial of the former Penn State assistant coach, which is slated to begin next week.

Sandusky, facing 52 sex-related charges, had been granted a small continuance, slating his trial for a June 5 start, but Senior Judge John M. Cleland has since denied additional requests.

Friday, a three-judge panel of the Superior Court followed suit, denying the embattled coach’s emergency petition to certify the case for review without comment and, in turn, denying as moot his emergency motion to stay the case.

Attorneys and others involved in the impending trial have been barred from commenting on the case by a gag order issued by the court in April.

Unless the coach’s legal team attempts to exhaust review from the state Supreme Court, or he takes a plea deal, the decision appears to greenlight the coach’s trial. Lawyers are expected to open to the jury, at the earliest, on June 11.

Speculation that Sandusky might be engaged in plea negotiations quickly ended Wednesday after an in camera meeting between Sandusky’s defense, prosecutors and the judge turned out to be over another defense effort to delay the trial.

Cleland denied that request in a four-page order Wednesday, leading to the coach’s most recent attempt to delay his trial via an appellate court.

It was unclear what Sandusky told the Superior Court in support of his petition for review, as the panel’s order granted his request to do so under seal.

In Sandusky’s most recent motion for continuance filed with the trial court, he cited the following: the unavailability of a jury consultant, an unprepared defense expert, a paralegal who is having surgery, difficulty reviewing discovery material provided by attorneys for the state, and the inability to call two former Penn State administrators to the witness stand because they have taken their Fifth Amendment rights.

Fresh Ink: Inside Today's Legal

Welcome to your Tuesday morning round-up of stories in today’s edition of The Legal Intelligencer, which also includes this week’s edition of Pennsylvania Law Weekly. All of the links below will take you directly to today’s stories, or you can head straight over to The Legal’s homepage. (Some stories may require registration or a paid subscription.)

Today’s lead story in PLW is a look at the effect Justice Joan Orie Melvin’s suspension will have on the state Supreme Court. As reporters Zack Needles and Ben Present write, the high court might have lost its tiebreaker based on a study of cases over the past two years.

Below the fold on Page 1, Ben Present writes that new juvenile rules aim to protect confidentiality.

On Page 3, Ben Present writes that the Commonwealth Court has ruled there is no benefits exception for “funded” employment.

There’s much more inside this week’s PLW, including Samuel C. Stretton’s Ethics Forum, in which he writes about lawyers drafting pleadings without signing their names; Sam Pond and Allison Wheeler’s Workers’ Compensation commentary on the real goal behind eliminating administrative burdens; and Shira J. Goodman and Lynn A. Marks’ Judiciary commentary on why sufficient funding and willing citizens are critical to the courts.

The top story in today’s Legal is Dechert’s products liability and mass torts group no longer serving as the king of the firm’s litigation focus. As reporter Gina Passarella writes, the firm has lost at least five products liability partners since last year and has adjusted its focus in some ways.

Below the fold on Page 1, reporter Saranac Hale Spencer writes that the U.S. Court of Appeals for the Third Circuit sympathized with Blank Rome and another law firm in a document battle between a defunct corporation and the government, which is seeking hundreds of allegedly privileged documents being held by Blank Rome. The company tried to appeal a district court order granting the government’s request for the documents, but was ultimately dismissed, although a split three-judge panel took a sympathetic view of the position the law firms were in.

In more Regional News on Page 3, reporter Zack Needles writes that the state Supreme Court justices have agreed to hear arguments on whether medical malpractice defendants may rely on an “error in judgment” defense at trial.

As always, our People in the News section is on Page 2, and the top stories from our sibling publications across the country make up the Page 4 National News section.

In a Health Care Law column on Page 5, Vasilios J. Kalogredis and Karilynn Bayus write about the dilemma of recovering costs in an overpayment victory.

In an Intellectual Property column on Page 7, Paul F. Prestia and Antranig Baronian write that patent clearance opinions are still important and still relevant.

If you have questions or comments about any of today's stories, or our coverage as a whole, we invite you to e-mail any of the reporters directly. We hope you'll enjoy today's Legal.

Fresh Ink: Inside Today's Legal

Welcome to your Thursday morning round-up of stories in today’s edition of The Legal Intelligencer. All of the links below will take you directly to today’s stories, or you can head straight over to The Legal’s homepage. (Some stories may require registration or a paid subscription.)

The top story this morning is a look at Saul Ewing’s firm financials. As reporter Zack Needles writes, the firm’s revenue inched up, about 0.8 percent, and its profits per partner dipped 3 percent last year.

Below the fold on Page 1, reporter Gina Passarella writes that Dechert has opened a Chicago office with a trio of securities lawyers from Katten Muchin.

Also below the fold on Page 1, reporter Amaris Elliott-Engel writes that Monsignor William J. Lynn took the stand in his own defense yesterday. Lynn is charged with endangering two men who testified they were sexually abused by two priests as youths.

In more Regional News on Page 3, Zack Needles writes that Penn State has announced Stephen S. Dunham as its new general counsel. Dunham has been vice president and general counsel of Johns Hopkins University.

Also on Page 3, reporter Ben Present writes that the state Supreme Court has unanimously ruled that exposure to one fiber of asbestos is not tantamount to a lot.

As always, our People in the News section is on Page 2, and the top stories from our sister publications across the country make up the Page 4 National News section.

In a Bankruptcy Update on Page 5, Andrew C. Kassner and Joseph N. Argentina Jr. write about avoidance actions against seller void purchased bankruptcy claims.

In this week’s Young Lawyer column on Page 7, Susan Morse writes about the perils of overlawyering and underlawyering.

If you have questions or comments about any of today's stories, or our coverage as a whole, we invite you to e-mail any of the reporters directly. We hope you'll enjoy today's Legal.

Fresh Ink: Inside Today's Legal

Welcome to your Tuesday morning round-up of stories in today’s edition of The Legal Intelligencer, which also includes this week’s edition of Pennsylvania Law Weekly. All of the links below will take you directly to today’s stories, or you can head straight over to The Legal’s homepage. (Some stories may require registration or a paid subscription.)

The top story in today’s Legal is an analysis of the suspension of state Supreme Court Justice Joan Orie Melvin. As reporters Zack Needles and Ben Present write, observers say that the suspension creates a less effective bench.

Also above the fold on Page 1, reporter Gina Passarella writes that Pennsylvania firms are raising rates more than any other region in the country, but aren’t raising revenue, according to a flash report by Citi Private Bank Law Firm Group.

Below the fold on Page 1, reporter Saranac Hale Spencer writes that a federal judge has ruled that a waiver of underinsured motorist benefits carries forward to vehicles added to an existing policy.

In more Regional News on Page 3, Gina Passarella writes that class action firm Cohen Milstein Sellers & Toll has reopened in Philadelphia with a qui tam group and the hire of three Berger & Montague attorneys.

As always, our People in the News section is on Page 2, and the top stories from our sibling publications across the country make up the Page 4 National News section.

In a Litigation column on Page 5, Charles F. Forer writes about illusory arbitration agreements.

In a Bankruptcy Update on Page 7, Rudolph J. Di Massa Jr. and Aaron J. Margolis writes that the justices are split over cramdown plans precluding credit bidding.

Today’s lead story in PLW is a look at state Supreme Court Justice Thomas G. Saylor’s disposition for dissent. As Ben Present writes, Saylor is the court’s most frequent dissenter by a wide margin.

Below the fold on Page 1, Zack Needles writes that the high court will mull the scope of the state Board of Claims’ jurisdiction.

On Page 3, Zack Needles writes that the Commonwealth Court has ruled that the operation of a compressor station falls within the definition of “gas production.”

There’s much more inside this week’s PLW, including Samuel C. Stretton’s Ethics Forum, in which he writes about lawyers maintaining copies of clients’ wills; Daniel E. Cummins’ Litigation column, in which he writes about five common mistakes to avoid during deposition; and David Mandelbaum’s Environmental Law column, in which he wonders where environmental justice currently stands.

If you have questions or comments about any of today's stories, or our coverage as a whole, we invite you to e-mail any of the reporters directly. We hope you'll enjoy today's Legal.

Fresh Ink: Inside Today's Legal

Welcome to your Thursday morning round-up of stories in today’s edition of The Legal Intelligencer. All of the links below will take you directly to today’s stories, or you can head straight over to The Legal’s homepage. (Some stories may require registration or a paid subscription.)

The top story this morning is the state arguing that a $150 million suit regarding the antipsychotic drug Risperdal should have gone to a jury. As reporter Gina Passarella writes, some Commonwealth Court judges seemed skeptical during oral arguments whether Janssen Pharmaceutica defrauded the state government of the money, or if it was just a lack of research by public officials that led the Medicaid program to pay $3.50 more per pill for the drug than its competitors.

Also above the fold on Page 1, reporter Amaris Elliott-Engel writes that Pennsylvania bishops of the Catholic church formed an ad hoc committee to shield secret archives, according to the last prosecution witness.

Below the fold on Page 1, reporter Ben Present writes that the state Supreme Court has agreed to hear an appeal over whether “unauthenticated” text messages may be admitted as evidence during trial.

In more Regional News on Page 3, reporter Saranac Hale Spencer writes that the U.S. Court of Appeals for the Third Circuit has held that a woman who was prescribed medications for off-label uses doesn’t have standing to sue the drug company that marketed them.

As always, our People in the News section is on Page 2, and the top stories from our sister publications across the country make up the Page 4 National News section.

On the Paralegals Page on Page 5, Helen M. Howlett writes that paralegals need not be afraid of e-discovery.

In this week’s Young Lawyer column on Page 7, Michael P. Maslanka writes about five lessons for young attorneys from mentors who cared.

If you have questions or comments about any of today's stories, or our coverage as a whole, we invite you to e-mail any of the reporters directly. We hope you'll enjoy today's Legal.

Fresh Ink: Inside Today's Legal

Welcome to your Tuesday morning round-up of stories in today’s edition of The Legal Intelligencer, which also includes this week’s edition of Pennsylvania Law Weekly. All of the links below will take you directly to today’s stories, or you can head straight over to The Legal’s homepage. (Some stories may require registration or a paid subscription.)

The top story in today’s Legal is the state Superior Court reviving a $500 million malpractice claim against K&L Gates. As reporter Gina Passarella writes, K&L Gates and accounting firm Pascarella & Wiker are being sued for allegedly failing to detect fraudulent activity at the now bankrupt Le-Nature’s when they conducted an internal investigation years before the bankruptcy.

Also above the fold on Page 1, Gina Passarella writes that Cozen O’Connor is seeking to reopen a discontinued lawsuit filed against it by former Wolf Block lawyers.

Below the fold on Page 1, reporter Zack Needles writes that the state Supreme Court has agreed to hear arguments in a case regarding whether attorney-client privilege protects clients’ identities from being made public.

In more Regional News on Page 3, reporter Jeff Mordock writes that Eckert Seamans Cherin & Mellott has added nine attorneys to its Wilmington, Del., office.

As always, our People in the News section is on Page 2, and the top stories from our sibling publications across the country make up the Page 4 National News section.

In a Professional Conduct column on Page 5, David B. Picker writes about a potential new duty to preserve pre-closing transaction documents.

In an Environmental Law column on Page 7, Thomas J. Farnan writes that a case regarding the definition of “mineral” could have a big impact on shale.

Today’s lead story in PLW is the state Supreme Court holding oral arguments last week in a case balancing the Coroner’s Act with the Right-to-Know Law. As reporter Ben Present writes, a media company was prohibited from immediately looking at a coroner’s autopsy reporter to find out the manner in which a Pennsylvania college student died and was appealing the issue.

Below the fold on Page 1, Ben Present writes that the Supreme Court will take up will-contest proceeds in a divorce case in a case of first impression.

On Page 3, Ben Present writes that the Supreme Court justices heard oral arguments regarding whether retirement packages block unemployment benefits.

There’s much more inside this week’s PLW, including Samuel C. Stretton’s Ethics Forum, in which he writes that veteran lawyers often face more disciplinary action than younger ones; William F. Kerry Jr.’s Municipal Law commentary, in which he writes that the Pa. real estate tax structure presents dilemmas for municipal officials; and Jeff Jubelirer’s Public Relations commentary, in which he writes that PR should be done by your employees, not just outside assistants.

If you have questions or comments about any of today's stories, or our coverage as a whole, we invite you to e-mail any of the reporters directly. We hope you'll enjoy today's Legal.

Fresh Ink: Inside Today's Legal

Welcome to your Monday morning round-up of stories in today’s edition of The Legal Intelligencer. All of the links below will take you directly to today’s stories, or you can head straight over to The Legal’s homepage. (Some stories may require registration or a paid subscription.)

The top story this morning is the next in our series of firm financials, this time taking a look at Fox Rothschild. As reporter Zack Needles writes, the firm increased revenue by 7.3 percent and profits per equity partner by 3.5 percent.

Below the fold on Page 1, reporter Amaris Elliott-Engel writes that the state Supreme Court directed excess class action funds to the IOLTA board. As such, Pennsylvania will become the sixth state in the country to require cy pres funds left over from settlements to be used for legal aid providers or other nonprofits.

Also below the fold on Page 1, reporter Ben Present writes that the Pennsylvania Bar Association has created a task force to take a closer look at the state’s Code of Judicial Conduct.

In more Regional News on Page 3, Amaris Elliott-Engel writes that a Lehigh County jury has awarded a man and his wife $2 million in noneconomic damages because the man has double vision and other eye injuries in the aftermath of a sinus surgery gone wrong.

As always, our People in the News section is on Page 2, and the top stories from our sister publications across the country make up the Page 4 National News section.

In an Insight on Diversity column on Page 5, Elisa N. Bramble writes about establishing lasting connections for diverse law students.

On the Law Technology News page are two articles: How to build a better webinar presentation and an e-discovery course that offers “in the trenches” lessons for students.

If you have questions or comments about any of today's stories, or our coverage as a whole, we invite you to e-mail any of the reporters directly. We hope you'll enjoy today's Legal.

Fresh Ink: Inside Today's Legal

Welcome to your Friday morning round-up of stories in today’s edition of The Legal Intelligencer. All of the links below will take you directly to today’s stories, or you can head straight over to The Legal’s homepage. (Some stories may require registration or a paid subscription.)

The top story this morning is lawyers in the Catholic Archdiocese sex-abuse trial sparring over an explanation of what it means to have a duty of care to not endanger the welfare of children. As reporter Amaris Elliott-Engel writes, prosecutors want the jurors in the case to hear the explanation, while Alan J. Tauber of Lindy & Tauber said that providing such an explanation makes “greater the risk the jury will convict one of these men on a concept of negligence.”

Also above the fold on Page 1, reporter Gina Passarella writes that Stradley Ronon Stevens & Young has sued client Sovereign Bank to stop threats of a malpractice lawsuit. The firm filed a complaint “seeking to put an end to ongoing and baseless assertions and threats of malpractice being voiced by defendant, Sovereign Bank N.A.”

Below the fold on Page 1, reporter Saranac Hale Spencer writes that the Chemical Weapons Act was upheld by the U.S. Court of Appeals for the Third Circuit on remand from the U.S. Supreme Court. The court was hearing the case of a spurned spouse’s alleged revenge plot, which included the use of highly toxic chemicals from her employer, chemical manufacturer Rohm and Haas, but declined to say the act was unconstitutional.

In more Regional News on Page 3, reporter Ben Present writes that Penn State has appealed the venue decision in its insurance dispute, seeking to keep the litigation between the university and its insurer from unfolding in Philadelphia.

As always, our People in the News section is on Page 2, and the top stories from our sister publications across the country make up the Page 4 National News section.

In an Environmental Law column on Page 5, Jessica R. O’Neill writes about “disinvesting” in the federal enforcement of environmental laws.

In an Employment Law column on Page 7, Michael D. Homans writes that banning smokers may harm your company’s health in the long term.

If you have questions or comments about any of today's stories, or our coverage as a whole, we invite you to e-mail any of the reporters directly. We hope you'll enjoy today's Legal.

Fresh Ink: Inside Today's Legal

Welcome to your Wednesday morning round-up of stories in today’s edition of The Legal Intelligencer. All of the links below will take you directly to today’s stories, or you can head straight over to The Legal’s homepage. (Some stories may require registration or a paid subscription.)

Today’s top story is Morgan, Lewis & Bockius adding a total of 65 attorneys from the troubled firm of Dewey & LeBoeuf. As reporter Gina Passarella writes, Tuesday brought official news that Morgan acquired Dewey’s Moscow and Almaty, Kazakhstan, offices.

Also above the fold on Page 1, reporter Amaris Elliott-Engel writes that Conrad O’Brien co-founder and skilled trial lawyer William J. “Billy” O’Brien has died.

Below the fold on Page 1, reporter Zack Needles writes that a Bucks County firm and former shareholder have sued each other over the firm’s succession plan. The leader of the firm formerly known as Mellon Webster & Shelly was diagnosed with a serious illness, leading to the questions about succession.

Also below the fold on Page 1, Amaris Elliott-Engel writes that Jeffrey B. Rotwitt filed an answer Tuesday that said former state Senator Vincent J. Fumo blocked an alternate family courthouse site.

In more Regional News on Page 3, reporter Ben Present writes that the state Supreme Court justices mulled a 19-year-old H&R Block class action during oral arguments Tuesday in Harrisburg.

Also on Page 3, Amaris Elliott-Engel writes that lawyers in the Catholic Archdiocese of Philadelphia sex-abuse trial argued yesterday over the deposition of a priest’s alleged supervisors.

As always, our People in the News section is on Page 2, and the top stories from our sister publications across the country make up the Page 4 National News section.

In this week’s GC Mid-Atlantic column on Page 5, Mark Harris writes about managing risk with an “austerity workforce.”

In an Employment Law column on Page 7, James W. Cushing writes about further development of the Age Discrimination in Employment Act.

If you have questions or comments about any of today's stories, or our coverage as a whole, we invite you to email any of the reporters directly. We hope you'll enjoy today's Legal.

Fresh Ink: Inside Today's Legal

Welcome to your Tuesday morning round-up of stories in today’s edition of The Legal Intelligencer, which also includes this week’s edition of Pennsylvania Law Weekly. All of the links below will take you directly to today’s stories, or you can head straight over to The Legal’s homepage. (Some stories may require registration or a paid subscription.)

The Intellectual Property supplement is also inside today’s paper, so be sure to give that a read.

The top story in today’s Legal is a look at the new markets opening up for Pennsylvania firms in the wake of Dewey & LeBoeuf’s slide. Reporter Gina Passarella writes that the attorneys leaving Dewey have allowed area firms to open offices in Dubai, Los Angeles and potentially Moscow and Kazakhstan.

Also above the fold on Page 1, Gina Passarella writes that Kansas City, Mo.-based Shook Hardy & Bacon is finalizing plans to open a Philadelphia office with the hire of Dechert partner Sean Wajert to its litigation group.

Below the fold on Page 1, reporter Saranac Hale Spencer writes that the U.S. Court of Appeals for the Third Circuit has ruled that a bankruptcy court must first grant leave before a trustee can be sued in another venue.

Also below the fold on Page 1, reporter Zack Needles writes that the state Supreme Court has agreed to hear a case in which it’s been asked to hear whether an insurer can be ordered to pay a medical provider’s attorney fees even if the employer properly employed the peer review process before denying coverage.

In more Regional News on Page 3, reporter Amaris Elliott-Engel writes about Thomas G. Wilkinson Jr.’s new role at the helm of the Pennsylvania Bar Association. Youth and the law top the new president’s agenda.

Also on Page 3, Zack Needles writes that a class action has been filed over NHL Winter Classic tickets that the Flyers did not give to season ticketholders.

As always, our People in the News section is on Page 2, and the top stories from our sibling publications across the country make up the Page 4 National News section.

In an Eastern District column on Page 5, Peter F. Vaira writes that two recent U.S. Supreme Court decisions have raised troublesome plea bargain issues.

In a Law Office Technology column on Page 7, Morgan C. Smith writes about using iPads to make compelling presentations at trials.

Today’s lead story in PLW is the state Supreme Court justices asserting their control over the definition of the constitutional phrase “purely public charity,” as reporter Ben Present writes.

Below the fold on Page 1, Ben Present writes that the Supreme Court has dialed back the independent source doctrine.

On Page 3, Ben Present writes a preview of Supreme Court oral arguments set to open in Harrisburg today, in which the justices will hear the H&R Block class action case for the third time.

There’s much more inside this week’s PLW, including Samuel C. Stretton’s Ethics Forum, in which he writes that an increase in technological savvy should not overshadow the basic tenets of good lawyering; Matthew T. Mangino’s Criminal Pratice column, in which he writes that disparity again pervades federal sentencing; a ruling that a landlord must know of danger to incur liability for a dog biting a person; and Jonathan Hoffman’s Family Law commentary, in which he writes about securing your client’s future with insurance.

If you have questions or comments about any of today's stories, or our coverage as a whole, we invite you to e-mail any of the reporters directly. We hope you'll enjoy today's Legal.