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 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.

En Banc Commonwealth Court Panel Will Hear Arguments on Act 13

By Zack Needles
Of the Legal Staff

The Commonwealth Court has agreed to hear oral arguments on the constitutionality of Act 13 in Harrisburg in June and counsel for a number of oil and gas operators and industry organizations will be allowed to weigh in.

The court issued a one-page per curiam order on May 9, granting state Attorney General Linda Kelly’s petition for expedited en banc argument as well as the application for amici curiae filed by the Pennsylvania Oil & Gas Association, the Marcellus Shale Coalition, MarkWest Liberty Midstream and Resources, Penneco Oil Co. and Chesapeake Appalachia.

Per the order, the Act 13 arguments will be first on the list when the oral arguments session kicks off in Harrisburg on June 4 and the industry representatives will be allowed to argue for a total of five minutes.

Kelly had argued in her petition, filed May 4, that “the present case involves important questions of public policy which should be addressed as quickly as possible.”

“The commonwealth is presently prevented from fully implementing Act 13, an important law enacted by the legislature for the benefit of Pennsylvania’s citizens,” the petition said. “The interest of the citizens of Pennsylvania in establishing new standards for the environment and providing for the ordered development of the oil and gas industry will be negatively affected by delaying the resolution of constitutional issues raised by [the plaintiffs].”

You can read more about the underlying suit here.

PUC and DEP Appeal Act 13 Injunction Order to Supreme Court

By Zack Needles
Of the Legal Staff

The Pennsylvania Public Utility Commission and the state Department of Environmental Protection have appealed to the state Supreme Court from a Commonwealth Court judge’s order that placed a temporary injunction on the zoning portions of Act 13 as well as from a subsequent order in which the judge refused to modify the terms of the injunction.

The PUC had filed a petition on April 25 asking Keith Quigley, a visiting judge on the Commonwealth Court, to modify his April 11 injunction order to clarify whether the delay enjoins the agency from reviewing existing zoning ordinances to determine whether they violate either the Municipalities Planning Code or Act 13.

The plaintiff municipalities, however, had responded that the order clearly prohibits such review until the injunction is lifted.

Quigley filed a one-page order on April 27 denying the PUC’s petition.

On Thursday, the PUC and DEP filed a notice of appeal and a jurisdictional statement, asking the Supreme Court to determine whether the plaintiff municipalities had established both a likelihood that they would succeed on the merits and that they had suffered “irreparable harm” sufficient for a preliminary injunction to be granted.

The PUC and DEP have also asked the justices to determine whether Quigley should have modified his April 11 order “where the reach and scope of the preliminary jurisdiction is unclear and has created uncertainties as to the state of Act 13.”

You can read more about the April 11 injunction order, the PUC’s subsequent request to modify the order and the underlying suit here.

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.)

The top story this morning is a judge barring drillers and lawmakers from intervening in an Act 13 lawsuit tied to the Marcellus Shale. As reporter Zack Needles writes, the suit filed by seven Pennsylvania municipalities and the Delaware Riverkeeper Network alleges the recent zoning-related amendments to the state’s Oil and Gas Act are unconstitutional. Commonwealth Judge Keith B. Quigley wrote in the opinion for Robinson Township v. Commonwealth that the oil and gas industry’s interests should not be a factor in the case.

Also above the fold on Page 1, Zack Needles writes that Nelson Levine de Luca & Horst co-founder Robert T. Horst has joined Bucks County firm Curtin & Heefner. Horst will focus his practice on first-party property bad-faith work.

Below the fold on Page 1, reporter Gina Passarella writes that the state Supreme Court has directed the Superior Court to address whether judicial orders are hearsay in another case. In the case, Castellani v. The Scranton Times, the plaintiffs want to admit as evidence in a defamation suit the orders issued by supervising judges of a grand jury regarding an alleged leak. The newspaper reported on the grand jury testimony.

In more Regional News on Page 3, reporter Amaris Elliott-Engel writes that a Montgomery County Common Pleas judge has suggested a good-faith exception should be crafted for warrantless GPS tracking in the wake of a recent U.S. Supreme Court ruling.

Also on Page 3, Amaris Elliott-Engel writes that a West Virginia judge has ordered a priest who presided over the canonical trial of his colleague to appear as a witness in the Catholic Archdiocese of Philadelphia sex-abuse trial.

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 Public Interest page on Page 5, Judith Bernstein-Baker and Margaret Niebler shine a spotlight on immigrant youth advocacy and Kelly Darr writes that the state’s cut to services undermines the welfare of citizens with disabilities.

In a Litigation column on Page 7, Grant S. Palmer and Michael A. Iannucci write about attorney fees and Rule 68, which they say is a trap for the unwary.

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.

Expedited Hearing in Drilling Suit Set for Wednesday

By Zack Needles
Of the Legal Staff

An expedited hearing on the plaintiffs’ motion for preliminary injunction in a case in which seven Pennsylvania municipalities and the Delaware Riverkeeper Network are suing over recently passed amendments to the Oil and Gas Act is scheduled to take place tomorrow in Harrisburg.

The amendments, meanwhile, are set to go into effect on April 14.

HB 1950, which was signed into law as Act 13 of 2012 on Feb. 14, prohibits local municipalities from enacting zoning ordinances aimed at banning drilling and restricts ordinances "that are more stringent than the conditions, requirements or limitations imposed on other industrial uses or other land development within the particular zoning district where the oil and gas operations are situated within the local government."

On March 28, the Washington County townships of Robinson, Peters, Cecil and Mount Pleasant, along with South Fayette Township in Allegheny County and Yardley Borough and Nockamixon Township in Bucks County, as well as the Delaware Riverkeeper Network, filed suit against the state, the Pennsylvania Public Utility Commission, the Office of the Attorney General and the Department of Environmental Protection.

The plaintiffs in Robinson Township v. Commonwealth alleged that Act 13 unconstitutionally "eliminates the role municipalities must play in protecting the health, safety and welfare of their communities" and transfers that regulatory power to the oil and gas industry itself.

Fresh Ink: Inside Today's Legal

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

The top story this morning is the state Supreme Court granting allocatur in a case in which it has been asked to stop a scientific debate over whether shale is a “mineral” before the debate even begins. As reporter Zack Needles writes, this could potentially lead to “chaos” according to one Pennsylvania lawyer, if it is determined that shale is in fact a mineral.

Also above the fold on Page 1, reporter Gina Passarella writes that Stevens & Lee and one of its partners have rebutted a lawsuit filed against them by Elliott Greenleaf over alleged theft of client files through remote software. Stevens & Lee have said the lawsuit is nothing more than an attempt to interfere with client relationships the partner took with him when he left Elliott Greenleaf to join Stevens & Lee.

Below the fold on Page 1, reporter Amaris Elliott-Engel details the graphic testimony heard yesterday in the priest sex-abuse trial.

In more Regional News on Page 3, Dan McCormick writes about a new scholarship initiative created by Archer & Greiner to award scholarships to diverse Temple University law students and allow them to work in the City of Philadelphia Law Department as well as at the firm.

Also on Page 3, reporter Ben Present writes that a defamation suit filed by Daniel D. McCaffery has been allowed to move forward. McCaffery claims that the Philadelphia Board of Ethics and its executive director defamed him days before he came in second in the race for Philadelphia district attorney three years ago.

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, Michael A. Gillen and Stanley V. Todd write that parallel IRS investigations have returned after a 35-year hiatus.

As it is Thursday, this week’s Young Lawyer column is on Page 7, as Martha “Frannie” Reilly writes about reasons to join a nonprofit board and concerns to address before doing so.

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 Eastern District of Pennsylvania ruling that Internet service providers must disclose the names of their subscribers who are accused of using a file-sharing site to copy a pornographic movie. As reporter Saranac Hale Spencer writes, with no 3rd U.S. Circuit Court of Appeals standard for balancing the right to anonymous speech against discovery, the court adopted a five-point test used by the 2nd Circuit.

Also above the fold on Page 1, reporter Zack Needles writes that records related to the safety of natural gas pipelines are not public, according to a ruling by the Commonwealth Court. A three-judge panel reversed a determination by the state Office of Open Records that had directed the Public Utility Commission to turn over records to a Wall Street Journal reporter.

Below the fold on Page 1, reporter Ben Present writes that a federal magistrate judge has tossed an injured man’s plea for punitives in an accident where he alleged the driver that hit him “looked at” his cellphone. The court held that looking at or using a cellphone while driving could not support a claim of “reckless indifference” or an “evil motive.”

In more Regional News on Page 3, reporter Jeff Mordock writes that a Delaware Supreme Court judge has approved an order retroactively applying spousal testimonial privilege to a same-sex couple who were married in California in 2008. Their partnership was not legally recognized in Delaware until the state’s civil union law went into effect earlier this year.

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 Thursday, this week’s Young Lawyer column is on Page 5, as Elizabeth F. Collura writes about leveraging document review work into a permanent position.

In a Business Law column on Page 7, Nevena Simidjiyska writes about practicing law in an international world, discussing the importance of U.S. export control compliance for clients.

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 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 potential new issues that could arise now that Gov. Tom Corbett has signed into law a measure that makes changes to Pennsylvania’s Oil and Gas Act. As reporter Zack Needles writes, the changes include imposing “impact fees” on Marcellus Shale wells and limiting local governments’ ability to regulate drilling. Attorneys said not everyone will be satisfied by the changes, but many are relieved to have some further guidelines in place.

Below the fold on Page 1, Zack Needles writes that a judge has ruled against spousal privilege in criminal child-abuse cases. In an apparent case of first impression, a Franklin County trial judge has allowed into evidence text messages between a husband and wife because they detailed the condition and injuries of the husband’s allegedly abused 4-year-old child.

In more Regional News on Page 3, Penn State has paid nearly $3.2 million for outside lawyers, consultants and public relations advisers as of Dec. 31 to help it address the sex-abuse scandal surrounding former assistant football coach Jerry Sandusky.

Also on Page 3, Pepper Hamilton remains in a patent war on behalf of Wall Street-backed patent aggregator Digitude Innovations, despite Google’s bid to disqualify Pepper from an ITC case it brought for Digitude against nearly a dozen smartphone manufacturers, including HTC Corp. and Samsung.

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 Litigation column on Page 5, Lisa Blue and Robert B. Hirschhorn write about preparing a lawyer-witness for deposition and beyond. One key is to get the attorney-witness to speak in layman’s terms and be likeable.

As it is Wednesday, this week’s GC Mid-Atlantic column is on Page 7, as Hayes Hunt and Brian Kint write about the Stop Online Piracy Act and how to navigate the high seas of the internet age.

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.