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 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 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 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 Morgan Lewis and Pepper Hamilton beefing up their bicoastal financial practices with lateral hires from New York-based Dewey & LeBoeuf. As reporter Zack Needles writes, Pepper Hamilton plans to open a Los Angeles office with Gary Apfel, former co-chairman of Dewey’s consumer financial services group. Morgan Lewis brought aboard a five-lawyer finance group led by Marshall Stoddard.

Below the fold on Page 1, reporter Saranac Hale Spencer writes that a federal judge denied SAP’s motion for summary judgment in a patent infringement suit against the software giant in which, he stated in his opinion, there could be a billion dollars at stake.

Also below the fold on Page 1, reporter Gina Passarella writes that a defense attorney for accused priest James J. Brennan questioned canonical trial procedures yesterday in the Catholic Archdiocese of Philadelphia sex-abuse trial.

In more Regional News on Page 3, reporter Ben Present has an analysis of the legal work that will be done in the deal for Philadelphia Gas Works, which attorneys said will not be a run-of-the-mill deal.

Also on Page 3, Saranac Hale Spencer writes that the ACLU has announced a challenge to the Pennsylvania voter ID mandate.

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, William E. Harris writes about the decision to hire or not hire an expert on damages.

In a Business of Law column on Page 7, Frank Michael D’Amore asks if a fear of success is holding back your professional development.

Today’s lead story in PLW is Ben Present’s look at the state Supreme Court’s work in 2011, a year in which the court increased its published opinions.

Below the fold on Page 1, Zack Needles writes that a judge has rejected a settlement between Monroeville, Pa.-based Parkvale Financial corp. and its shareholders, saying the agreement would benefit no one but the defendant Parkvale directors and the plaintiffs’ attorneys.

On Page 3, Ben Present writes that a judge has tested in loco parentis against the new Child Custody Act.

There’s much more inside this week’s PLW, including Samuel C. Stretton’s Ethics Forum, in which he says Pennsylvania is experiencing an indigent defense crisis; Brandon Swartz’s Personal Injury commentary, in which he writes about cross-examining defense vocational experts; a ruling that left a resident with no place to appeal a zoning decision; and David Mandelbaum’s Environmental Law commentary, in which he writes about pre-emption and natural gas development.

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 a prosecution expert in the Catholic Archdiocese of Philadelphia priest sex-abuse trial testifying that church law requires the reporting of sex abuse. As reporter Amaris Elliott-Engel writes, the Rev. Thomas Doyle testified on behalf of prosecutors that, “You’re supposed to respect the civil laws of the country you’re in.”

Also above the fold on Page 1, reporter Ben Present writes that a Philadelphia judge has decided to bring a lawsuit filed by Penn State against its insurance company to Philadelphia Common Pleas Court. The insurer had filed its own lawsuit in the First Judicial District, while the university filed its own action in Centre County.

Below the fold on Page 1, reporter Gina Passarella writes that the Superior Court has ruled that a juvenile court can’t impose a jail term on someone over the age of 18 but under 21 for violating probation related to a crime committed when the defendant was a juvenile.

Also below the fold on Page 1, Ben Present writes about state Supreme Court oral arguments this week in which an attorney representing a man found guilty of murder said that his client was wrongly denied the right to testify in his own defense after the guilt phase of his trial had closed.

In more Regional News on Page 3, Dan McCormick writes that Pepper Hamilton has created a veterans affinity group.

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, Bryan P. Franey writes a primer on the electric vehicle charging networks that will soon become much more common.

In a Commentary on Page 7, Frank H. Wu of Legal affiliate The Recorder writes about the perils and consequences of ranking law schools and law firms.

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 this morning is the Philadelphia Trial Lawyers Association asking the First Judicial District to rethink recent changes made to its handling of mass tort cases. As reporter Amaris Elliott-Engel writes, the association sent a six-page, single-spaced letter this week to court leaders asking for rescission of some of the new court protocols, including the deferral of punitive damages in all mass tort claims.

Below the fold on Page 1, reporter Gina Passarella writes that the Republican National Committee’s attempt to vacate a 30-year-old consent decree with the Democratic National Committee didn’t hold muster with the 3rd U.S. Circuit Court of Appeals. The RNC had agreed not to police voter fraud without a court’s permission, but argued that subsequent modifications since the decree was agreed upon in 1982 made it more prohibitive against the party’s ballot protection efforts.

In more Regional News on Page 3, Amaris Elliott-Engel writes about Mayor Michael A. Nutter’s proposal to keep counsel fees for indigent defendants not represented by the Defender Association of Philadelphia in the court’s budget for 2012-13, despite requests from the First Judicial District to remove 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.

In an Environmental Law column on Page 5, Kenneth J. Warren writes about difficulties in establishing criteria in efforts to control nutrient pollution.

In an Intellectual Property column on Page 7, Siegfried J.W. Ruppert and Guy W. Chambers write that the path for generic competition is wide open in the biotechnology industry.

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 is the third and final installment in a series looking at law firm growth in a no-growth market. Reporter Zack Needles writes that midsized firms are mining their existing client base as a method for revenue growth, seeking to provide the most value to existing and prospective clients.

Also above the fold on Page 1, reporter Amaris Elliott-Engel writes that Philadelphia Common Pleas Court Judge M. Teresa Sarmina has denied the latest defense motion to dismiss charges in the priest sex-abuse case. Prosecutors called the motion to dismiss charges “a press release … [that] spews false information that serves no purpose other than to pollute the pool of jurors.” The case is in the second week of jury selection.

Below the fold on Page 1, reporter Gina Passarella writes that a federal judge’s comments affected sentencing in a $74 million fraud case. The 3rd U.S. Circuit Court of Appeals has remanded the case for resentencing.

In more Regional News on Page 3, reporter Ben Present writes that a RICO claim has survived an early motion in the “kids-for-cash” suit. A federal judge allowed the claim to move forward, but dismissed claims under the Civil Rights Act because they were barred by the statute of limitations.

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 a Commentary written by Troy Crichton, who writes about the Barristers’ Association of Philadelphia celebrating its “Meet the Judges and Legislators” event.

In a Litigation column on Page 7, Harrie Samaras and Judy Weintraub write about determining whether mediation is the right choice for your dispute.

As it is Tuesday, it’s also your chance to read this week’s Pennsylvania Law Weekly. The lead story for PLW comes from Ben Present, who writes an analysis of the campaign funds for the Pennsylvania attorney general race. Former Lackawanna County prosecutor Kathleen Kane has more cash in her coffers, but former U.S. Rep. Patrick Murphy has a wider array of supporters.

Below the fold on Page 1, Amaris Elliott-Engel writes about a Pennsylvania workers’ compensation certification process that is set to launch in the fall.

On Page 3, reporter Dan McCormick writes that a judge has denied a grocery store company’s request for a plaintiff’s cellphone records in a slip-and-fall case.

There’s much more inside this week’s PLW, including Samuel C. Stretton’s Ethics Forum, in which he discusses lawyers making campaign contributions to judges; Sam Pond and Allison Wheeler’s commentary on proposed utilization review changes that they believe will prove unfair to injured workers; the state Superior Court ruling that a deactivated e-mail account can still be searched; and David Mandelbaum’s Environmental Law column on tracking environmental debts.

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 the state Supreme Court ruling that uninsured drivers can sue insured drivers for economic damages. As reporter Zack Needles writes, the court ruled unanimously in favor of plaintiff Mary Corbin, an uninsured motorist who was injured in an accident and had sought to sue the other driver, who was insured, for economic damages. Justice Seamus P. McCaffery, writing for the majority, said that while the issue seemed to deal with two incongruous sections of the Motor Vehicle Financial Responsibility Law, when considered together “there is no ambiguity.”

Also above the fold on Page 1, reporter Gina Passarella writes that Cozen O’Connor has hired Joseph Dever, who most recently served as an assistant regional director of the enforcement division for the Securities and Exchange Commission in New York, as the new chairman of its securities litigation and SEC enforcement practice group.

In more Regional News on Page 3, reporter Amaris Elliott-Engel writes that Pennsylvania Chief Justice Ronald D. Castille asked Thursday that legislators find more funding for the state judiciary. He recommended an extension of a temporary fee surcharge to traffic citations in order to help cover a project $29.6 million shortfall under Gov. Tom Corbett’s proposed budget.

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 Franchise Law column on Page 5, Craig R. Tractenberg writes that most franchise professionals have expressed a cautious optimism for the industry, despite economic pressures that abound.

In an Environmental Law column on Page 7, Katherine L. Vaccaro and Diana A. Silva write that uncertainty looms over the EPA’s cross-state air pollution rule.

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.)

Our top story this morning details fraud allegations that came up in the pending bankruptcy of Philadelphia Common Pleas Court Judge Thomas M. Nocella. As reporter Amaris Elliott-Engel writes, the bankruptcy is being disputed by Wells Fargo and a Veterans of Foreign Wars post because the objectors allege that the judge participated in a fraudulent scheme to sell the post’s real estate property.

On the bottom of Page 1, reporter Gina Passarella writes about an argument between opposing attorneys to discuss a case, which the state Superior Court has ruled did not rise to defamation because the meeting was a privileged part of the judicial record in the case. The dispute between plaintiff Kenneth Richmond and defendant Joseph J. McHale was part of an underlying case involving sexual abuse in which McHale accused Richmond of trying to use the examination to extort money from the family he was representing.

In other regional news, DLA Piper and Dechert have settled a feud over Dechert’s 2011 hire of former DLA litigation co-head Neil Gerrard, as reporter by Legal affiliate The American Lawyer.

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 Page 5 today is the Environmental Law column, in which Kenneth J. Warren writes about the ways that the Environmental Hearing Board protects private and public rights.

Today’s Litigation column is on Page 7, as Larry E. Coben dives deep into the evolving landscape of modern tort 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.