The Legal Intelligencer Blog

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 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.

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 a look at Pennsylvania firms and how they fared in the latest Am Law 100 rankings. As reporter Gina Passarella writes, the same nine firms appeared as did last year, and none were able to move up the list. Morgan, Lewis & Bockius and Reed Smith were the only Pa. firms to maintain their rankings, while the other seven slipped down the charts.

Also above the fold on Page 1, reporter Ben Present writes that a request for proposal is schedule to go online today giving lawyers the opportunity to bid on a deal potentially worth $1.85 billion that would privatize Philadelphia Gas Works. PGW is one of the last municipally owned utilities in the country and the largest of its kind, with more than half a million customers.

Below the fold on Page 1, Gina Passarella writes that a federal judge has denied a motion for sanctions a former Elliott Greenleaf partner filed against the firm for alleging in a complaint that he misused escrow funds. This is the latest chapter in the ongoing battle between Elliott Greenleaf and Stevens & Lee, the firm the partner, William R. Balaban, moved to.

Also below the fold on Page 1, reporter Amaris Elliott-Engel writes that the Nutter administration has agreed to pay counsel fees directly, as per the First Judicial District’s request.

In more Regional News on Page 3, reporter Zack Needles writes that a West Virginia firm, Jackson Kelly, has merged with Western Pennsylvania energy boutique Gormly Gormly & Yuhas.

Also on Page 3, a judge has trimmed the claims in an egg price-fixing class action suit in the Eastern District of Pennsylvania.

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 the Law Technology page, social media can give firms an inside voice and LexisNexis has debuted e-book software for law libraries.

In a Family Law column on Page 7, Andrew D. Taylor writes about the relocation provision of the new Child Custody Act and how it will be handled going forward.

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.)

Today’s top story is a look at Philadelphia jury verdicts in 2011, which dropped 31 percent on average. As reporter Amaris Elliott-Engel writes, the average civil jury verdict in Philadelphia Common Pleas Court fell from $1.49 million in 2010 to $1.02 million last year, according to First Judicial District statistics.

Below the fold on Page 1, reporter Saranac Hale Spencer writes that antitrust and monopoly claims have been narrowed in a suit filed nearly 10 years ago against Comcast, allowing the allegations to proceed, according to a federal judge’s ruling last week.

Also below the fold on Page 1, Amaris Elliott-Engel writes that Dow Chemical Co. was denied in its effort to block a plaintiff’s subpoena in a brain cancer case. The state Supreme Court ruled to allow the subpoena, which would allow plaintiffs counsel to explore whether Dow and its predecessor, Union Carbide, failed to report the existence of employees with brain cancer who worked in their plants producing the toxic chemical vinyl chloride.

In more Regional News on Page 3, Saranac Hale Spencer writes that a federal statute trumps state jurisdiction in a bank fees case, according to a federal judge’s ruling last week.

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 White-Collar Law column on Page 5, Peter D. Hardy and Abraham Rein write that changes may be coming to corporations’ federal sentencing.

In a Litigation column on Page 7, Abraham J. Gafni writes about pretrial discovery from non-parties in arbitration under state law.

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 the U.S. Court of Appeals for the Third Circuit hearing arguments and weighing the intent and vulgarity of bracelets worn in the Easton Area School District with the phrase, “I [heart] boobies,” for which two middle school students were suspended. As reporter Saranac Hale Spencer writes, the students, who wore the bracelets were for breast-cancer awareness, are being backed by the American Civil Liberties Union.

Also above the fold on Page 1, reporter Amaris Elliott-Engel writes that a proposed state-law class action filed against Discover Bank and several Pennsylvania-based debt collection law firms alleges that the credit card lender has been collecting on debts that it no longer has a beneficial interest in.

Below the fold on Page 1, reporter Zack Needles writes that Luzerne County Chief Public Defender Albert J. Flora Jr. has filed a class action suit against the county and County Manager Robert C. Lawton for “deliberate indifference to the funding needs” of the Adult Unit of the Luzerne County Public Defender’s Office. Flora is joined by three indigent adult criminal defendants in the suit.

In more Regional News on Page 3, Zack Needles writes that Nelson Levine de Luca & Horst has hired Stanley Jablonowski to be its first vice president of business development. Jablonowski had previously been with insurance and financial company Selling Technologies Inc. as its chief executive officer.

Also on Page 3, Saranac Hale Spencer writes that the federal court in Pennsylvania’s Middle District will apply Georgia Law in a case that touches five states.

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, including a federal court finding that a Ford surcharge on New Jersey dealers is legal.

In an Employment Law column on Page 5, Sid Steinberg writes about individual arbitration agreements being applied to class actions.

In this week’s GC Mid-Atlantic column on Page 7, Joseph A. Martin writes about Section 337 of the Tariff Act, which is a new weapon in the war against foreign trade secret misappropriation.

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 an analysis of the effect state Sen. Jane Orie’s conviction might have on her sister, state Supreme Court Justice Joan Orie Melvin. As reporter Ben Present writes, Orie’s verdict Monday, in which she was found guilty on 14 of 24 corruption charges, does little to settle the fate of Orie Melvin, according to some legal observers. The larger issue for Orie Melvin might be her other sister, Janine Orie, whom the state hit with two rounds of corruption charges.

Also above the fold on Page 1, reporter Saranac Hale Spencer writes that the 3rd U.S. Circuit Court of Appeals has ruled that workers can bring claims against their employers under both federal collective actions and state law class actions simultaneously.

Below the fold on Page 1, reporter Zack Needles writes that the state Supreme Court has defined the term “in paying quantities,” and attorneys believe it will have wide-reaching applicability for oil and gas companies. The court ruled that wells that are operated sporadically and don’t consistently turn a profit can still be considered to be producing in paying quantities as long as the operator has maintained the well in good faith.

In more Regional News on Page 3, Saranac Hale Spencer writes that a federal judge is allowing a private racketeering claim to proceed against a bank and payment processors involved with telemarketing schemes under the Racketeer Influenced and Corrupt Organizations Act (RICO).

Also on Page 3, insurance firm Nelson Levine de Luca & Horst announced plans to open a Washington, D.C., office.

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 Litigation column on Page 5, Harrie Samaras and Judy Weintraub write about 10 ways to introduce mediation to opposing counsel.

In this week’s GC Mid-Atlantic column on Page 7, Erica Smith-Klocek, Lisa Dykstra and Tara Lawler write about what should be considered when deciding to issue a litigation hold.

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.)

Also inside today’s paper is the Pro Bono supplement, so be sure to give that a read.

The top story in today’s Legal is the opening of the Catholic Archdiocese of Philadelphia sex-abuse trial. As reporter Amaris Elliott-Engel writes, prosecutors Monday said that one of the two remaining defendants, Monsignor William J. Lynn, had three responsibilities: protecting the church, children and privacy of priests, but chose to protect the church. “Unfortunately, all three of those roles are mutually exclusive,” said prosecutor Jacqueline Coelho in her opening argument.

Also above the fold on Page 1, reporter Saranac Hale Spencer writes that a lawsuit against LexisNexis over background checks has been allowed to proceed by a federal judge. The suit is a class action stemming from claims that LexisNexis deemed the plaintiffs “noncompetitive” during background checks and the prospective workers didn’t have a chance to respond.

Below the fold on Page 1, reporters Zack Needles and Ben Present write that Lackawanna County Common Pleas Court Judge Trish Corbett explained that she refused to remove Lackawanna County guardian ad litem Danielle M. Ross from a custody case after an attorney raised concerns about media reports of a federal investigation into the county’s guardian ad litem program because she felt to do so would have been “premature.”

In more Regional News on Page 3, reporter Gina Passarella writes that pharmacy records are governed by the Medical Records Act and pharmacists are considered health care providers for purposes of the act, according to a Superior Court ruling that overturned and Allegheny County Common Pleas Court judge who compared pharmacists to yoga instructors rather than medical providers.

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 Commentary on Page 5, Walter M. Phillips Jr. and Doug Moak write that one way to deal with Philadelphia’s high fugitive rate (more than 30 percent of criminal defendants fail to appear in court) is to use trial in absentia.

In a Legal Marketing column on Page 7, Kimberly Alford Rice writes about the importance of following up when networking and trying to build business.

Today’s lead story in PLW is a look at the Marcellus Shale play, where small firms say that expertise is more important than size. As Zack Needles writes, some believe that the only way to handle the amount of work coming from major drillers is to have a huge staff, but the depth of knowledge of the area that some smaller firms offer can give them the advantage.

Below the fold on Page 1, Amaris Elliott-Engel writes that prosecutors are opposing a bill to expand innocence claims. The state Senate bill would expand chance for people who say they have been wrongfully convicted of crimes to raise their innocence claims, and backers say current law doesn’t always provide adequate means to do so. But the Pennsylvania District Attorneys Association and Gov. Tom Corbett oppose it.

On Page 3, Ben Present writes that financial discovery was denied in the case of a collapsing sidewalk, but the judge left open the possibility of punitive damages if the injured man amends his complaint.

There’s much more inside this week’s PLW, including Samuel C. Stretton’s Ethics Forum, in which he discusses asking a witness if another witness is lying; Jeff Jubelirer’s column on Public Relations, in which he discusses how to utilize social media; a panel deciding that a builder’s deceptive statement makes him personally liable; Sean Connolly’s column on State Government and the double standard existing against conservatives; and Daniel E. Cummins’ Civil Practice column on UM/UIM rejection form language.

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 Philadelphia personal injury firm Weinstein Schleifer & Kupersmith filing suit against its former partner Norman J. Weinstein in Philadelphia Common Pleas Court. As reporter Zack Needles writes, the firm is alleging, among other things, that he used the firm’s money to fund his own side business and poached the firm’s clients and referral resources when he left for Galfand Berger.

Also above the fold on Page 1, reporter Gina Passarella writes that Drinker Biddle & Reath is owed $877,000 in attorney fees by the city of Philadelphia for its work on a dispute with the Boy Scouts of America, according to an issue order Wednesday by U.S. District Court Judge Ronald L. Buckwalter of the Eastern District of Pennsylvania. The city had been in a lease dispute, trying to prevent the group from occupying a city-owned building rent free and continuing to openly ban gay men from membership.

Below the fold on Page 1, reporter Amaris Elliott-Engel writes that Philadelphia Common Pleas Court Judge M. Teresa Sarmina has ruled that an attorney for former priest Edward Avery, who is accused of sexually abusing a youth, can cross-examine the priest’s accuser on whether he was motivated to make up the allegations because he was expelled from his archdiocesan high school in ninth grade.

In more Regional News on Page 3, reporter Saranac Hale Spencer writes that a woman is entitled to her late ex-husband’s retirement plan, but his estate is equally entitled to enforce the waiver she signed giving up her right to collect the benefits once they have been distributed, the 3rd U.S. Circuit Court of Appeals ruled Tuesday.

Also on Page 3, an Eastern District judge has allowed the majority of indirect purchaser claims in the multidistrict class action litigation over alleged price-fixing for eggs and egg products to proceed.

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.

A Legal Marketing column on Page 5 covers how firms can be more attractive to company clients.

As it is Thursday, this week’s Young Lawyer column is on Page 7, as the YL Editorial Board writes that law firms should invest in and gain from younger lawyers.

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 today is a group of Bimbo Bakeries food delivery drivers surviving a motion to dismiss claims in their collective action against the company for allegedly wrongly classifying them as independent contractors instead of employees. But, as reporter Gina Passarella writes, U.S. District Court Judge Mitchell S. Goldberg of the Eastern District of Pennsylvania dismissed the plaintiffs’ claims under the Pennsylvania Wage Payment and Collection Law and for negligent misrepresentation.

Also above the fold on Page 1, reporter Amaris Elliott-Engel writes that former Traffic Court Judge Willie F. Singletary was charged by the Judicial Conduct Board for allegedly showing two pictures of his “erect penis” to a Philadelphia Parking Authority contractor. The board said Thursday that he violated the state constitution and judicial conduct rules for magisterial district judges.

Below the fold on Page 1, Amaris Elliott-Engel writes that drugmaker Pfizer is arguing to the state Supreme Court that $8.6 million in punitive damages should not have been awarded in a hormone-replacement therapy case without evidence that its subsidiary misled federal regulators or knew the dangers of the drug were greater than what consumers were warned about.

In more Regional News on Page 3, Amaris Elliott-Engel writes about changes to come in the First Judicial District’s bail forfeiture process.

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 Maritime Law column on Page 5, Michael F. Merlie writes about PCBs and the transfer of vessels, detailing the consequences at hand and how to comply.

In a Criminal Law column on Page 7, Richard Q. Hark writes about Section 3553 and federal sentencing provisions.

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.