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 former Justice Sandra Day O’Connor hearing arguments yesterday in the U.S. Court of Appeals for the Third Circuit that centered on an opinion she joined while sitting on the U.S. Supreme Court in 1986. As reporter Saranac Hale Spencer writes, O’Connor, sitting by designation, and a three-judge panel heard arguments in a class action suit brought against title insurers in New Jersey that echoed the Supreme Court’s 1986 decision in Square D v. Niagara Frontier Tariff Bureau.

Also above the fold on Page 1, reporter Amaris Elliott-Engel writes that Philadelphia Court of Common Pleas Judge Jacqueline F. Allen heard arguments over the norms of writing a letter to an expert’s employer. A defense attorney in the case sent a letter to the employer of a medical malpractice plaintiff’s expert, but said she should not be sanctioned because lawyers frequently discuss local physicians who testify as experts, especially if they “go out there and espouse a new standard of care.”

Below the fold on Page 1, reporter Zack Needles writes that Cohen Seglias Pallas Greenhall & Furman has picked up a two-member construction boutique, Byler & Blaker, for its Philadelphia office.

In more Regional News on Page 3, Saranac Hale Spencer writes that challengers to federal laws requiring pornography producers to keep lists of their actors won their big to seek further discovery following a ruling the Third Circuit.

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 Asset Management column on Page 5, Mark L. Silow writes about taxpayers receiving tax-exempt interest on a settlement in the case of DeNaples v. Commissioner.

In a Health Care Law column on Page 7, Vasilios J. Kalogredis and Karilynn Bayus analyze CMS’s proposed rule on reporting and returning overpayments.

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 paper also includes the Workers' Compensation supplement.

The top story in today’s Legal is reporter Ben Present’s look at the state attorney general race, in which candidates Kathleen Kane and David Freed diverge on health care and the investigation of former Penn State assistant football coach Jerry Sandusky. Both candidates answered questionnaires, which appear in full in the paper.

Also above the fold on Page 1, reporter Amaris Elliott-Engel writes that an ex-priest said Monday that he reported alleged abuse to Monsignor William J. Lynn, a defendant in the Catholic Archdiocese of Philadelphia sex-abuse case. The ex-priest said he left the priesthood because one of his colleagues, whom he claims abuse him for four years, was not removed from ministry by church officials.

Below the fold on Page 1, reporter Gina Passarella writes that Stevens & Lee has filed a sanctions motion against Elliott Greenleaf and its chairman for alleging that a partner who left Elliott Greenleaf for Stevens & Lee misused escrow funds. This is the latest chapter in an ongoing battle between the two sides.

In more Regional News on Page 3, reporter Saranac Hale Spencer writes that a federal judge has ruled in favor of South Philadelphia sandwich shop Steak’em Up in a trademark suit filed by national frozen food giant Steak-umm.

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 E-Discovery column on Page 5, Ross Cunningham and Elizabeth Lemoine write about preparing for e-discovery supplemental obligations.

In a Litigation column on Page 7, Harrie Samaras and Judy Weintraub write about what you need to know about selecting a mediator for ADR.

Today’s lead story in PLW is the state Supreme Court grappling with PTSD benefits for police during oral arguments last week. As Ben Present writes, the question of “abnormal working conditions” and “extraordinary” events loom large.

Below the fold on Page 1, reporter Zack Needles writes that the plaintiffs bar is criticizing the state Supreme Court’s ruling that courts must consider a product’s multiple uses when assessing that product’s risk. Some plaintiffs attorneys have said it gives defendants an unfair advantage.

On Page 3, Ben Present writes that a Lackawanna County judge has ruled that a pair of Pennsylvania homeowners may proceed with their claim that Wells Fargo committed a breach of contract by failing to offer the permanent changes to their mortgage payments after a trial period with lower rates.

There’s much more inside this week’s PLW, including Samuel C. Stretton’s Ethics Forum, in which he says a lawyer must be careful if paying a non-expert witness; Sam Pond and Allison Wheeler’s workers’ compensation commentary about proposed legislation extending treatment time that promotes “doctor shopping”; a defamation suit against a mortgage company pre-empted by the FCRA; a ruling that PennDOT highway plans were de facto taking; and Jeff Jubelirer’s public relations commentary about how to respond to commenters.

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 judge siding with the Catholic Archdiocese of Philadelphia on the attorney-client privilege issue regarding 12 communications between outside counsel hired by the archdiocese and the former secretary of clergy charged with endangering the welfare of children allegedly abused by priests he supervised. As reporter Amaris Elliott-Engel writes, Philadelphia Common Pleas Court Judge M. Teresa Sarmina said during the last pretrial hearing before the trial opens today that she doesn’t see how defendant Monsignor William J. Lynn’s attorneys can establish that he sought counsel personally and separately from the interests of the archdiocese.

Also above the fold on Page 1, reporter Zack Needles writes that a federal judge has denied an oil and gas trade group’s petition to hold the U.S. Forest Service in contempt for allegedly delaying drilling projects.

Below the fold on Page 1, Zack Needles writes that a Philadelphia jury has awarded more than $3 million to a woman whose colon cancer went undiagnosed for nearly two years.

In more Regional News on Page 3, the 3rd U.S. Circuit Court of Appeals has ruled that admission into a pretrial intervention program bars defendants from bringing a federal civil rights suit over the underlying events of their arrest.

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 Public Interest Page, as Lawrence Szmulowicz writes that the courts are showing a reluctance to protect victims of stalking.

In a Health Care Law column on Page 7, Vasilios J. Kalogredis and Karilynn Bayus write about the 3rd Circuit’s recent opinion on a physician’s employment contract dispute.

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 broadening of the separate-disease rule in asbestos cases by the Pennsylvania Supreme Court. As reporter Gina Passarella writes, the court has expanded the rule to allow a plaintiff to sue more than once for two distinct, malignant, asbestos-related diseases arising at different times.

Below the fold on Page 1, reporter Amaris Elliott-Engel writes that a state Superior Court panel has upheld a $17.3 million judgment in a Philadelphia products liability case entered against the manufacturer of a racking system used in a frozen food warehouse. In Rice v. 2701 Red Lion Road Associates LP, plaintiff Leroy Rice, a forklift operator, was partially paralyzed when several 90-pound boxes of frozen food fell on him.

In more Regional News on Page 3, Amaris Elliott-Engel writes that the state Supreme Court has retained and modified the paternity by estoppel doctrine. The common-law doctrine bars DNA testing in every case in which a putative father of a child has held a child out as his own. The modifications will require that judges only apply the doctrine if they determine it is in the best interests of the child.

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 Health Care Law column on Page 5, Vasilios J. Kalogredis and Karilynn Bayus write about the Pennsylvania Supreme Court’s decision that sales tax applies to PET/CT and MRI scan systems.

As it is Wednesday, this week’s GC Mid-Atlantic column is on Page 7, as Krista P. Harper writes that it’s important to keep costs in mind while guiding clients through litigation.

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 first supplement of 2012, E-Discovery, is also inside the pages of today's Legal, including articles on social media, cloud computing and cost-shifting, so be sure to check it out.

Today’s top story is the expected ruling on the “bad acts” evidence in the Catholic Archdiocese priest sex-abuse case. As reporter Amaris Elliott-Engel writes, Philadelphia Common Pleas Court Judge M. Teresa Sarmina said at the close of Monday’s hearing that she will rule by Feb. 6 on whether evidence of prior bad acts can be admitted into the trial of Monsignor William Lynn on the charges that he endangered the welfare of two young men who were allegedly abused by priests Lynn oversaw.

Also above the fold on Page 1, reporter Ben Present writes that observers are wondering what will come next as they await the opinion on redistricting after the state Supreme Court rejected the state Legislative Reapportionment Commission’s new House and Senate maps.

On the bottom of Page 1, reporter Zack Needles writes that lawyers think Western Pennsylvania could become a global energy power, far outlasting the life span of the Marcellus and Utica shale plays.

In more Regional News on Page 3, reporter Gina Passarella writes that the 3rd U.S. Circuit Court of Appeals upheld a $3 million verdict in an age discrimination case.

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 is today’s Litigation column, as Charles F. Forer writes about when it is possible to seek to vacate an arbitration award.

In this week’s Asset Management column, David B. Bruckman and Aland Mandeloff write about the changing face of long-term care insurance policies.

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 that Facebook has become a significant factor for family law cases in the state. Family law practitioners say that it’s becoming a rarity for a case to get through family court without use of the online social network coming into play.

On the bottom of Page 1, Gina Passarella writes that e-mails on government computers aren’t necessarily public records under the state’s Right-to-Know Law, as a divided Commonwealth Court ruled in an apparent case of first impression.

On Page 3, Ben Present has a family law story in which a child’s statements recorded on DVD were ruled hearsay for a variety of reasons. On the bottom of the page, Zack Needles writes about a case in which the state Superior Court ruled an oil and gas lease valid despite vagueness.

There’s much more inside this week’s PLW, including Samuel C. Stretton’s Ethics Forum, in which he tackles lawyers taking multiple solicitorships in a county; Sam Pond’s commentary on workers’ compensation, in which he writes that proposed reforms could harm claimants; a motor vehicles case in which a woman’s license was not suspended because of parental liability; and a judge refusing to award fees and expenses to defense for a Texas deposition after the attorneys declined to use videoconferencing, instead choosing to travel.

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 Jeffrey B. Rotwitt seeking a subpoena of the consulting firm that reviewed the family court project after it turned into a controversy, reporter Amaris Elliott-Engel writes. Rotwitt, former counsel in the family courthouse deal, has proposed to subpoena Chadwick Associates to produce documents for discovery, according to court papers, a proposal to which the First Judicial District has objected.

On the bottom of Page 1 this morning, reporter Gina Passarella writes that the salaries for assistant district attorneys and county detectives cannot be charged to a convicted defendant, the state Supreme Court has ruled. The ruling came in the case of brothers and funeral home directors Louis and Gerald Garzone related to their trial for illegally harvesting and selling body parts.

Our Page 3 Regional News story, written by reporter Ben Present, is the Commonwealth Court ruling that about 200 paramedics are firefighters under Pennsylvania’s Act 111 and should therefore be included as part of a collective bargaining dispute. The majority of a three-judge panel ruled that the definition of a firefighter should not be limited to directing water to flame.

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.

This week’s Public Interest page has articles by Reginald T. Shuford, on curing America’s mass incarceration addiction, and Karen C. Buck, on the dangerous impact of proposed voter ID laws.

Today’s Health Care Law column is on Page 7, as Vasilios J. Kalogredis and Karilynn Bayus write about the U.S. Court of Appeals for the D.C. Circuit allowing a Medicare challenge to proceed in federal court.

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

By Jaime Bochet 
Of the Legal Staff

Good Monday morning, and welcome to your daily round-up of stories in today's edition of The Legal Intelligencer. Click the links below to access stories directly, or head to The Legal homepage.  (Some stories may require registration or a paid subscription.)

The lead story on today's front page is a piece by reporters Zack Needles and Ben Present and editor-in-chief Hank Grezlak: A Lackawanna County judge e-mailed fellow Democrats in 2004 advising them how to oppose a county voting redistricting plan and urging them to not "tell anyone this petition has been assigned to me." The redistricting plan had been proposed by a Republican county administration. The Scranton Times-Tribune first reported the story Aug. 18 regarding Lackawanna County Common Pleas Court Judge Terrence R. Nealon's December 2004 e-mail. In the article, Nealon admitted to writing the e-mail and to having committed "a lapse in ethical judgment." The newspaper also posted the e-mail on its website.

Also sharing the top of the page, senior reporter Gina Passarella writes that legendary Philadelphia attorney, humanitarian and former American Bar Association president Jerome J. Shestack has died at 88 from renal failure. A dean of the Philadelphia bar and advocate up to the end of his life, Shestack most recently worked as a retired partner at Schnader Harrison Segal & Lewis, the firm he left in 1991 to join Wolf Block and rejoined after Wolf Block's collapse in 2009.

Below the fold, U.S. Courthouse Correspondent Shannon P. Duffy writes that a lawyer who claims that his addiction to video games caused him to botch the handling of 17 cases has been suspended from practicing law for three years by the Pennsylvania Supreme Court.

Our Page 3 Regional News story today is a business of law story from Gina: Contingency fees not yet realized at the time of a law firm partnership dissolution must still be shared among the former partners, a divided Pennsylvania Superior Court panel has ruled. The court said in Huber v. Etkin that, under the Uniform Partnership Act, the trial court was correct to rely on the legal principle that "contingency fees realized after dissolution of a partnership are subject to distribution pursuant to each partner's share in the net profits after factoring in all proper charges or costs."

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.

The Legal's contributed columns begin on Page 5, with our "Health Care Law" column by Vasilios J. Kalogredis and Karilynn Bayus of Kalogredis Sansweet Dearden & Burke: Recently, the Centers for Medicare and Medicaid Services (CMS) issued an advisory opinion (No. 2011-01) approving under the federal Physician Self-Referral statute (commonly referred to as the Stark Law) a physician recruitment arrangement that included a non-competition clause.

Page 7 is our "Public Interest" page, which features two articles: One by Baruch Kintisch of the Education Law Center, who writes that Pennsylvania lacks a long-term plan for preserving and strengthening its 3,300 public schools, which serve 1.8 million children in the commonwealth; and one by Mark J. Murphy of the Disability Rights Network of Pennsylvania, who writes that people with disabilities have been hurt by state budget cuts.

Have questions or comments about any of today's stories, or our coverage as a whole? E-mail me or any of the reporters directly. We hope you'll enjoy today's Legal!

Jaime Bochet is the Magazines & Supplements Editor for The Legal. Follow her on Twitter at @JaimeBochetTLI or e-mail JBochet@alm.com.