The Legal Intelligencer Blog

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 rights to the coal underneath a 9/11 crash site being disputed. As reporter Saranac Hale Spencer writes, the nearly 300 acres in rural Pennsylvania where Flight 93 crashed had been taken by eminent domain for a memorial park in 2009 and a federal judge has sided with the U.S. government, holding that Svonavec Inc. did not have a right to mine the coal spread across the majority of the land.

Below the fold on Page 1, reporter Amaris Elliott-Engel writes that attorneys for Zoloft in the multidistrict litigation argued in federal court that scientific and medical issues should take primacy in pretrial proceedings because, as one lawyer said, “there’s just no science there.”

In more Regional News on Page 3, the number of suits is increasing over a meningitis outbreak in New Jersey. Also on Page 3, the state Supreme Court heard arguments over the shale drilling law.

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 Paralegals Page, Judy Stouffer writes about solving software compatibility problems in your office.

In this week’s Young Lawyer column on Page 7, Elizabeth F. Collura writes about social media power practices for the young lawyer set.

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 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 Pennsylvania voter identification law withstanding a constitutional attack by being upheld at the preliminary injunction stage by Commonwealth Court Judge Robert Simpson. As reporter Amaris Elliott-Engel writes, Simpson said the law is valid under a standard of review that is more deferential to state legislators.

Below the fold on Page 1, reporter Saranac Hale Spencer writes that an uphill fight is expected for challengers to the Hazleton ordinance barring employers and landlords from hiring or renting to illegal immigrants. The Third Circuit heard arguments Wednesday on the ordinance on remand from the Supreme Court.

In more Regional News on Page 3, reporter Gina Passarella writes that the Commonwealth Court ruled a Right-to-Know Law request for emails between a county government and four different agencies was not specific enough because it did not include a time frame for the request or specific email addresses and included subject terms that were “incredibly broad.”

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 Young Lawyer column on Page 5, Kimberly Alford Rice writes about kickstarting the marketing journey as a young associate.

In the Paralegals Page, Vivian Luckiewicz writes about developing your brand.

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 the state arguing that a $150 million suit regarding the antipsychotic drug Risperdal should have gone to a jury. As reporter Gina Passarella writes, some Commonwealth Court judges seemed skeptical during oral arguments whether Janssen Pharmaceutica defrauded the state government of the money, or if it was just a lack of research by public officials that led the Medicaid program to pay $3.50 more per pill for the drug than its competitors.

Also above the fold on Page 1, reporter Amaris Elliott-Engel writes that Pennsylvania bishops of the Catholic church formed an ad hoc committee to shield secret archives, according to the last prosecution witness.

Below the fold on Page 1, reporter Ben Present writes that the state Supreme Court has agreed to hear an appeal over whether “unauthenticated” text messages may be admitted as evidence during trial.

In more Regional News on Page 3, reporter Saranac Hale Spencer writes that the U.S. Court of Appeals for the Third Circuit has held that a woman who was prescribed medications for off-label uses doesn’t have standing to sue the drug company that marketed 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.

On the Paralegals Page on Page 5, Helen M. Howlett writes that paralegals need not be afraid of e-discovery.

In this week’s Young Lawyer column on Page 7, Michael P. Maslanka writes about five lessons for young attorneys from mentors who cared.

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 analysis of the general election and the challenges it poses to attorney general candidates Kathleen Kane and David Freed. As reporter Ben Present writes, observers indicate that the Republican Party cares more about the position than any other row office. The GOP has held the position since it became an elected posted in 1980.

Also above the fold on Page 1, reporter Amaris Elliott-Engel writes that the out-of-county judge presiding over the First Judicial District’s legal malpractice suit over the Philadelphia family courthouse project said the first Supreme Court justice to preside over the initiative, Sandra Schultz Newman, is not entitled to protective order from having to give a deposition.

Below the fold on Page 1, reporter Gina Passarella writes that the state Supreme Court has granted allocatur in a negligent infliction of emotional distress insurance case.

Also below the fold on Page 1, Amaris Elliott-Engel has the latest from the priest sex-abuse trial. Yesterday, a witness testified he was not warned about defrocked priest Edward V. Avery.

In more Regional News on Page 3, reporter Saranac Hale Spencer writes that claims against British Airways are time-barred under an international agreement governing aviation.

Also on Page 3, Ben Present writes that Penn State has again lost a venue fight after a judge ruled the First Judicial District was not an inconvenient forum for the university.

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 the Paralegals Page, Judy Stouffer writes that the time has come to consider digitizing your law firm’s case files, while Christine Flynn writes about the benefits of paper records and the pitfalls of their digital counterparts in a point-counterpoint.

In a Young Lawyer Editorial Board column on Page 7, the board writes about the challenges and opportunities of shingle hanging for those fresh out of law 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 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 reporter Zack Needles’ look into two recent resignations in the state Department of Environmental Protection, which lawyers say is not uncommon after a change in the gubernatorial administration. Reports by the Pittsburgh Post-Gazette regarding the July resignation of longtime regional counsel Diana Stares and the November resignation of her successor, William Darr, indicated that Stares was forced out and Darr’s hiring was a political move that wasn’t properly vetted. But attorneys familiar with the inner workings of the agency told The Legal they were skeptical of allegations that there were nefarious motives behind the moves.

Also above the fold on Page 1, reporter Gina Passarella writes about the struggles faced by Rutgers School of Law-Camden, which suffered a 15-spot drop in the most recent U.S. News & World Report law school rankings. The school is still dealing with the fallout from the proposed merger with Rowan University.

Below the fold on Page 1, The Legal’s newest reporter, Saranac Hale Spencer, writes about an Eastern District of Pennsylvania case in which a judge ruled that allegations that a former chief technology officer sabotaged a planned merger by sending secure information to potential suitors did not bring into play the protections of the federal Computer Fraud and Abuse Act.

In more Regional News on Page 3, reporter Ben Present writes that a state Superior Court panel has ruled that a lawsuit brought against Parx Casino belongs outside Philadelphia, despite the plaintiff’s wishes.

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 the Paralegals Page on Page 5, Christine M. Flynn writes about TIPS – Trial Issues and Practical Solutions – for paralegals, including formulating a plan, confirming witnesses and checking supplies.

As it is Thursday, this week’s Young Lawyer column is on Page 7, as Michael J. Joyce writes about appreciating the momentum created by smaller victories. The little wins can often turn into bigger wins down the road, Joyce writes.

If you have questions or comments about any of today's stories, or our coverage as a whole, we invite you to e-mail any of the reporters directly. We hope you'll enjoy today's Legal.

Fresh Ink: Inside Today's Legal

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

The top story this morning is Philadelphia Common Pleas Court Judge M. Teresa Sarmina declining to recuse herself from the Philadelphia criminal case in which a Catholic Archdiocese of Philadelphia church official is charged with endangering youths allegedly abused by priests. As reporter Amaris Elliott-Engel writes, defense lawyers in the case said that Sarmina had remarked that someone would have to be living on another planet to not think there is widespread sex abuse in the church, but Sarmina said she phrased her comment in the past tense.

Also above the fold on Page 1, reporter Ben Present writes an analysis piece about the questions surrounding Penn State General Counsel Cynthia Baldwin’s role before the grand jury, where she says she was not individually representing two former university administrators.

Below the fold on Page 1, reporter Gina Passarella writes that K&L Gates’ profits per partner dropped 4.3 percent in 2011 while revenue stayed flat. “While a solid performance, it was a sobering reminder of the power of the marketplace,” said Chairman Peter J. Kalis.

In more Regional News on Page 3, a proposed New Jersey ruled would help plaintiffs find the right affidavit-of-merit provider. The rule change is favored by the New Jersey Supreme Court.

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 Ellie Austin writes that it’s important to take a moment to recognize and appreciate the mentors that have helped young lawyers find their way.

Page 7 has this week’s Paralegals Page, as Vivian Luckiewicz writes about sound rules and practice for employers of a notary public.

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 on a big news day is the state Supreme Court rejecting the Legislative Reapportionment Commission’s recently approved House and Senate redistricting plan, remanding the redistricting effort to the commission in an unprecedented move. As reporter Ben Present writes, the existing districts from a 2001 plan will remain in effect until a revised plan “having the force of law” is approved, the 4-3 court said in a per curium order.

Former Philadelphia prosecutor Dan McCaffery is dropping out of the race for Pennsylvania attorney general, in what he described as an attempt to unify the Democratic Party and give it a chance to unseat the GOP from its longstanding stronghold. As Ben Present writes, a McCaffery spokesperson said the attorney would not be endorsing either of the two remaining Democratic candidates.

Below the fold on Page 1 today, former Microsoft associate general counsel Paul Lancaster Adams has returned to Philadelphia to head the relatively new Philadelphia office of labor and employment boutique Ogletree Deakins Nash Smoak & Stewart. Reporter Gina Passarella writes that that former Montgomery McCracken Walker & Rhoads partner spent more than three years in-house with Microsoft.

In more Regional News on Page 3, reporter Zack Needles writes that the state Supreme Court has ruled that the Philadelphia Parking Authority is not a unique state agency exempt from having to make regulations in accordance with the Commonwealth Documents Law. The ruling comes after five years of litigation.

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, and it takes a look at the ways in which the lack of family-friendly firm policies are having a ripple effect, especially on young female lawyers who are more likely to take time away from work for family matters.

On Page 7 today is the Paralegals Page, as Maryanne Ebner writes that strategic planning can help you achieve personal goals.

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

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.)

Topping today's front page, U.S. Courthouse Correspondent Shannon P. Duffy has a case from the Eastern District of Pennsylvania: In a significant victory for parents of children with autism, a federal judge has certified a class action suit against Cigna Corp. for refusing to cover two types of behavioral treatments on the grounds that they are "investigative or experimental."

Below the fold, reporter Amaris Elliott-Engel writes that a divided state Superior Court has ruled that health care providers can base their charges for providing hard copies of medical records on the maximum charges spelled out under state law.

Our Page 3 Regional News story today is by our Delaware reporter, Jeff Mordock, who writes: Several law professors throughout the country have blasted Widener University School of Law and Dean Linda J. Ammons after the school ordered a one-year suspension without pay and a psychiatric evaluation for university professor Lawrence J. Connell after a university panel cleared him of all but one of the charges levied against him by two former students. The school contends, however, that punishment was warranted in order to protect the students who filed the charges from possible retribution.

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 "Young Lawyers" (YL) page, featuring a column by Molly Peckman of Dechert, who laments the death of the conversation at the hands of social media and technology.

Page 7 contains our monthly "Paralegals" page, which includes an article by Christine M. Flynn of Swartz Campbell, who writes that CLE plays a vital role in paralegals' professional growth.

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.