The Legal Intelligencer Blog

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 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 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 a Berks County trial judge issuing what is believed to be the first order in Pennsylvania suppressing evidence from a Global Positioning System based on the U.S. Supreme Court’s recent ruling in United States v. Jones. As reporter Zack Needles writes, the high court barred evidence obtained through a mobile tracking device used to monitor a suspect’s vehicle in that case, because authorities failed to adhere to the terms of a search warrant. In the case of Commonwealth v. Burgos, Berks County Common Pleas Court Judge Paul M. Yatron reversed “with extreme reluctance” his prior order denying a defendant’s motion to suppress evidence.

Below the fold on Page 1, reporter Saranac Hale Spencer writes that U.S. Steel’s failure to provide a copy of a letter sent to a special master to the Equal Employment Opportunity Commission does not void the master’s recommendation, a Western District judge has ruled. The EEOC has been engaged in a lengthy dispute with the employer.

In more Regional News on Page 3, reporter Amaris Elliott-Engel writes that the state Supreme Court has rejected a new trial for a defendant on death row because a police interview that was not turned over to the defense before trial did not exculpate him.

Also on Page 3, Dan McCormick writes that noted white-collar litigator Donald J. Goldberg has died at 81.

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 Immigration Law column on Page 5, Suzanne B. Seltzer writes that a federal judge has reminded the U.S. Citizenship and Immigration Services to play by the rules.

In a Family Law column on Page 7, Michael E. Bertin writes that the Superior Court has ruled declaratory judgment in a divorce action is unappealable.

Today’s lead story in PLW is a look at the upcoming state Supreme Court oral arguments to be held in Pittsburgh this week. As reporter Ben Present writes, the case attracting the most attention is the $18.5 million verdict being appealed by Genuardi’s in a case that involves a long list of appellate lawyer heavyweights filing amicus briefs.

Below the fold on Page 1, Ben Present writes that the state Supreme Court has denied the extraordinary jurisdiction petition of an attorney who has accused a Washington County judge of tampering with the transcripts of the underlying murder trial he defended.

On Page 3, Zack Needles writes that the state Superior Court has ruled a sheriff’s sale cannot be set aside for a late bidder.

There’s much more inside this week’s PLW, including Samuel C. Stretton’s Ethics Forum, in which he discusses privileged information in joint defenses; Matthew T. Mangino’s Criminal Practice column, in which he writes that the Supreme Court has opened the door to ineffective plea-bargaining claims; the Superior Court saying that a jury may decide an injured worker’s employment status; a religious school ruled not exempt from paying unemployment compensation benefits; and David Mandelbaum’s Environmental Law column on the high court and pre-enforcement review under the Clean Water Act.

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 on a packed news day is former Philadelphia priest Edward Avery pleading guilty to the first-degree felony of involuntary deviate sexual intercourse for abusing a 10-year-old boy. As reporter Amaris Elliott-Engel writes, Avery was immediately sentence to serve 30 to 60 months in prison by Philadelphia Common Pleas Court Judge M. Teresa Sarmina as part of his negotiated plea deal. Avery’s plea deal, which included a guilty plea to a third-degree felony of conspiracy to endanger the welfare of children, comes as the trial of his two co-defendants is set to begin on Monday.

Also above the fold on Page 1, reporter Ben Present writes that former Penn State assistant football coach Jerry Sandusky’s lawyer has filed a motion to dismiss all charges against his client. Attorney Joseph L. Amendola argued the 52 counts of sex abuse facing his client were not specific enough to sustain trial.

Below the fold on Page 1, reporter Saranac Hale Spencer writes that a federal judge has allowed 45 additional plaintiffs to enter the “kids-for-cash” civil suit. U.S. District Court Judge A. Richard Caputo of the Middle District of Pennsylvania ruled the claims weren’t barred by the statute of limitations because of the Supreme Court’s holding in American Pipe and Construction Co. v. Utah.

In more Regional News on Page 3, reporter Gina Passarella writes that Foxwoods Development Co. has responded to a suit filed against it by Obermayer Rebmann Maxwell & Hippel by saying the firm sued the wrong client. The firm sued Foxwoods in December, alleging the company didn’t pay about $940,000 in attorney fees, but Foxwoods said the firm should be looking to Philadelphia Entertainment and Development Partners to collect its unpaid bills.

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 Employment Law column on Page 5, Jeffrey Campolongo writes about criminal background checks and how to best handle them.

In a Franchise Law column on Page 7, Craig R. Tractenberg writes about ways for franchisors to avoid vicarious liability.

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 a continuation of our series on firm financials, this time taking a look at Duane Morris, which grew revenue and saw profits per equity partner rise 3.2 percent in 2011. As reporter Zack Needles writes, the firm’s growth largely came from its active practice areas, particularly a broad-based intellectual property practice.

Below the fold on Page 1, reporter Amaris Elliott-Engel writes that the Catholic Archdiocese of Philadelphia asserted its attorney-client privilege regarding 12 documents that Monsignor William J. Lynn wants to subpoena in the criminal case against him. Attorneys for the archdiocese had said in January that it might assert attorney-client privilege that can’t be waived, even if Lynn waives his own privilege.

Also below the fold on Page 1, reporter Gina Passarella writes about a survey taken by Altman Weil that shows managing partners find their practice group leadership to be lagging.

In more Regional News on Page 3, Amaris Elliott-Engel writes that several mortgage lenders are appealing a ruling in a trio of cases that their foreclosure notices were deficient, and are now seeking reargument. A three-judge panel said in all three cases that the lenders failed to comply with the Homeowner’s Emergency Mortgage Act.

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.

As it is Wednesday, this week’s GC Mid-Atlantic column is on Page 5, as Madeline M. Sherry and Stephen J. Finley Jr. write about the long and winding road of Pennsylvania privilege law, and how best to navigate through recent decisions declaring privilege a “two-way street” in the state.

In an Employment Law column on Page 7, Michael P. Maslanka of Legal affiliate Texas Lawyer writes about 10 lessons learned from 30 years working in the legal profession.

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.)

Today’s top story comes from PLW, as reporters Ben Present and Zack Needles write about questions looming over the Lackawanna County Family Court guardian ad litem program. A review of family court records by the reporters reveals that the court contracted one person to act as guardian ad litem an average of 88 cases per year between 2009 and 2011. This came after there were no such appointments in 2007 or 2008. There will be more on this story in subsequent issues of The Legal and PLW, so stay tuned.

Below the fold on Page 1, Ben Present writes that a trial court may not refuse to award contractual interest to a prevailing party if the agreement provides for a specific amount. The state Supreme Court reversed a split panel of the Superior Court in TruServ Corp. v. Morgan’s Tool and Supply Co.

On Page 3, reporter Amaris Elliott-Engel writes in an allocatur story that the state Supreme Court is going to consider if health care providers or their records-producing proxies must disclose their actual and reasonable costs of producing charts and records.

There’s much more inside this week’s PLW, including Samuel C. Stretton’s Ethics Forum, in which he discusses a county president judge interfering with a district judge’s constitutional rights; Brandon Swartz’s Personal Injury column on diagnostic testing and bone scans; a $2.6 million medical malpractice verdict heading back to trial court after a second appeal; and Shelly Pagac and Jennifer Russell’s commentary on Employment Law and English-only rules in the workplace.

The lead story in today’s Legal is a look at profit margins and how they relate to a firm’s fiscal health. As reporter Gina Passarella writes, the profitability of firms has become an increasingly important issue. Of the 10 Pennsylvania-based firms that have reported financials so far this year, profit margins range from 22 percent to 44 percent.

Also above the fold on Page 1, Zack Needles writes that a federal judge has preliminarily approved the $17.75 million settlement of the “kids-for-cash” lawsuit. Robert K. Mericle, the builder of two juvenile detention centers who allegedly paid millions in “finder’s fees” to former Luzerne County Judges Michael T. Conahan and Mark A. Ciavarella Jr., agreed to the settlement in December in a civil suit brought by a class of juvenile plaintiffs.

Below the fold on Page 1, Amaris Elliott-Engel writes that a Lehigh County judge has upheld a $23.1 million award in a medical malpractice case in which a woman had both of her legs and a finger amputated because of an infection that went septic and gangrenous.

In more Regional News on Page 3, Hank Grezlak has a From the Chief column in which he asks when men are going to put an end to the boys’ club and stop the misogyny that has become all too common.

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.

On Page 5 today is Peter F. Vaira’s look at the Eastern District, as he writes about the use and misuse of depositions in a conversation with Dennis R. Suplee, an expert in depositions from Schnader Harrison Segal & Lewis.

In a Business of Law column on Page 7, Frank Michael D’Amore writes the second in a series about the top areas where law firms differ, including their willingness to embrace change.

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 Pepper Hamilton hiring a nonlawyer CEO to run the firm. As reporter Gina Passarella writes, the firm made the rare move by hiring Scott Green, who has served as executive director of Wilmer Cutler Pickering Hale & Dorr since 2007. “We concluded that a management model that more closely resembles those of our clients would enable the lawyers at Pepper Hamilton to focus on providing legal services in the most effective way for our clients,” said Nina M. Gussack, chairwoman of Pepper Hamilton’s executive committee.

On the bottom of Page 1, reporter Amaris Elliott-Engel writes that Pennsylvania Gov. Tom Corbett has proposed a budget that would keep general-fund money allotted to the judiciary the same as last year, but cut funding for civil legal services by $274,000.

In more Regional News on Page 3, Amaris Elliott-Engel writes that the 3rd U.S. Circuit Court of Appeals has ruled that a court system supervisor may face individual liability under the Family and Medical Leave Act, which allows employees to take 12 weeks of job-protected leave for medical reasons. The issue has split the circuit courts in previous decisions.

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 today’s Employment Law column on Page 5, Sid Steinberg writes that a refusal to rescind a proposed resignation is not an adverse employment action.

As it is Wednesday, the weekly GC Mid-Atlantic column is in today’s paper on Page7, as Todd Alan Ewan writes about what employers need to know about medical marijuana in the case that it is allowed in Pennsylvania.

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 an insurance company covering Penn State asking a Philadelphia court to declare it should not have to provide coverage of cover the university’s defense costs in a lawsuit stemming from the Jerry Sandusky sex-abuse scandal. As reporter Ben Present writes, a complaint seeking declaratory judgment filed by the Pennsylvania Manufacturers’ Association Insurance Co. in Philadelphia Common Pleas Court, an “abuse or molestation exclusion” in its general liability policy should excuse it from paying the school’s costs.

Also above the fold on Page 1, Wolf Block has asked the Pennsylvania Supreme Court to review a lawsuit filed against it by a former partner seeking severance payments from the now-defunct firm. As reporter Gina Passarella writes, Wolf Block has lost to ex-partner Michael Budin at both the trial court and Superior Court levels. Budin sued when he did not receive an annual $26,000 severance pay he was expecting.

On the bottom of Page 1, reporter Amaris Elliott-Engel writes that the Philadelphia family courthouse has received the green light from the Philadelphia Art Commission to add an additional story to the building. The added story will unify the family court’s domestic relations and juvenile divisions in one site.

In more Regional News on Page 3, a Philadelphia judge has ruled that an expert’s overnight change in his report was proper cause for nonsuit, despite the plaintiff’s lawyer not completing his case. As Amaris Elliott-Engel writes, the plaintiff in the case alleges her husband’s brain cancer was caused by exposure to a Rohm and Haas chemical manufactured by an Illinois plant and then allegedly negligently stored.

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 Employment Law column on Page 5, Andrew J. Rolfes and Jeffrey L. Braff write about the legacy of former National Labor Relations Board Chairman Wilma Liebman.

As it is Thursday, this week’s Young Lawyer column is on Page 7, as Stephanie L. Kosta writes that she learned all the essential skills she needed to become partner way back in elementary school.

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 debate regarding privilege-waiver issues in the Catholic Archdiocese abuse case. As reporter Amaris Elliott-Engel writes, attorneys for the archdiocese say it may assert attorney-client privilege that can’t be waived even if its former personnel director – who is accused of endangering the welfare of children by not taking proper action to protect them from sexually abusive priests – waives his own privilege.

Also above the fold on Page 1, Amaris Elliott-Engel writes about the latest legal salvo between Pennsylvania Chief Justice Ronald D. Castille and federal capital case defenders. Castille said in an opinion last week that Defender Billy H. Nolas has created “state-federal gridlock” in a Philadelphia murder case by telling the trial court that his client’s federal appeals pending in the 3rd U.S. Circuit Court of Appeals were being paused to allow state-court proceedings to go forward.

On the bottom of Page 1 today, reporter Zack Needles writes that a man injured in a drywall accident has settled for $5.75 million with the subcontractor whose employee allegedly dropped the drywall.

In more Regional News on Page 3, a Cherry Hill, N.J., firm is suing a former whistleblower client for a share of an award the client received after she revoked the firm’s power of attorney.

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 Employment Law column on Page 5, Vianei Lopez Robinson of Legal affiliate Texas Lawyer writes about some fixes that companies should make this year, including updating the company’s social media policy.

In a Criminal Practice column on Page 7, Richard Q. Hark writes about some recent changes to Megan’s Law that will add challenges for juvenile offenders attempting to rehabilitate themselves.

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.