The Legal Intelligencer Blog

Fresh Ink: Inside Today's Legal and Pa. Law Weekly

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 look at whether Pennsylvania is being forced to decide the Restatement issue it is facing. As reporter Amaris Elliott-Engel writes, after the Third Circuit said for the third time that the Restatement (Third) of Torts governs products liability cases in the state, some attorneys said the federal appeals court seems to be trying to force the issue.

Below the fold on Page 1, reporter Gina Passarella writes that employees of West Penn Allegheny Health System have been barred by collateral estoppel from filing a class action in state court when a Pittsburgh federal judge already ruled against certifying a collective action in a similar suit by the same plaintiffs.

In more Regional News on Page 3, reporter Saranac Hale Spencer writes that key claims against Prevacid, a heartburn drug, have survived in a federal lawsuit.

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 Health Care Law column, Vasilios J. Kalogredis and Karilynn Bayus write that hospitals are beginning to feel the effects of quality initiatives.

In a Supreme Court column on Page 7, Stephen A. Miller and Thomas M. O’Rourke write a look into the effect of the ¬Wal-Mart Stores v. Dukes case and expansion of “rigorous” review.

Today’s lead story in PLW is a look at campaign fundraising in the attorney general race. As reporter Ben Present writes, Kathleen Kane has bolstered her coffers, narrowly outpacing David Freed.

Below the fold on Page 1, Ben Present writes that a Commonwealth Court en banc panel allowed General Motors to unilaterally suspend an injured worker’s benefits without the required paperwork because the man had taken a voluntary retirement package.

On Page 3, reporter Zack Needles writes that the Superior Court has blocked the discovery of past surgical notes in a medical malpractice suit.

There’s much more inside this week’s PLW, including Samuel C. Stretton’s Ethics Forum, in which he writes about violating attorney-client privilege when a client’s financial situation changes; Caren E. Morrissey’s Family Law column in which she writes that mental health records should be discoverable in custody matters; and Peter J. Bietz’s Trusts and Estates column, in which he writes that attorneys may need to change their practices after the EGTRRA’s sunset.

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 a proposed $123.15 million settlement being reached between the insurance companies and the hospital where convicted serial child sex offender Dr. Early Bradley worked to create a fund for the reported hundreds of victims. As reporters Gina Passarella and Jeff Mordock write, a November 13 hearing before Delaware Superior Court Judge Joseph R. Slights III is set to determine the fairness of the settlement.

Also above the fold on Page 1, reporter Amaris Elliott-Engel writes that another generic plaintiff, this time regarding the drug Ambien, has fallen into the trap of Mensing, which the plaintiff’s lawyer said makes it impossible to prosecute the claim because it held that federal law pre-empts failure-to-warn claims regarding generic drugs.

Below the fold on Page 1, reporter Saranac Hale Spencer writes that a federal judge has remanded a case involving an insurance dispute to a county court of common pleas because it is not a class action.

Also below the fold on Page 1, Saranac Hale Spencer writes that an en banc panel of the Third Circuit yesterday eyed schools’ duty to protect.

In more Regional News on Page 3, Amaris Elliott-Engel writes that the legal aid loan program is assisting more attorneys. Also on Page 3, the Pittsburgh Post-Gazette lost a lawsuit in an effort to enter polling places during elections.

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 Workers’ Compensation column on Page 5, Christian Petrucci writes about workers’ comp settlements in the age of mediation.

In this week’s Young Lawyer column on Page 7, Debra L. Bruce writes about building a reputation as a young lawyer and asks if you’re bellying up to the wrong bar.

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 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 voter ID decision being back in Commonwealth Court Judge Robert Simpson’s hands. As reporter Saranac Hale Spencer writes, Simpson gave strong indications that he is planning to enjoin part of Pennsylvania’s new law before November’s election. He said that some parts of the law may well have merit, and if he issues an injunction he’d like to find ground short of “all or nothing.”

Also above the fold on Page 1, reporter Gina Passarella writes that Comcast has beaten back an attempt by a class of plaintiffs to enforce a proposed settlement with the cable company in an antitrust case that subsequently was granted certiorari by the U.S. Supreme Court.

Below the fold on Page 1, reporter Amaris Elliott-Engel writes that Ken Shear, who was a cornerstone of the Philadelphia Bar Association for almost 36 years, plans to retire in 2013.

In more Regional News on Page 3, Jeff Mordock of the Delaware Business Court Insider writes that the Delaware Supreme Court has denied Grupo Mexico’s motion to reargue the court’s decision to affirm a Chancery Court decision ruling that resulted in awarding a record $2 billion in damages and $304 million in attorney fees in the Southern Peru shareholder 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.

In an Employment Law column on Page 5, Jeffrey Campolongo writes about employment law cases in the upcoming Supreme Court term.

In a Franchise Law column on Page 7, Craig R. Tractenberg and Gregg Rubenstein discuss necessary formality in franchise agreements.

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 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 third in reporter Amaris Elliott-Engel’s series on products liability, as she writes about how the role of settlement has been growing in products liability cases.

Also above the fold on Page 1, reporter Saranac Hale Spencer writes that the insurance trust fund for the Miami police officers’ union has brought a class action suit against AstraZeneca for its drug Nexium and the manufacturers of its generic versions. The suit, filed in the Eastern District of Pennsylvania, alleges AstraZeneca paid the generic companies to keep their drugs off the market.

Below the fold on Page 1, reporter Gina Passarella writes that a Lehigh County judge took issue with the uptick in law agencies’ use of child pornography laws to prosecute teens who “sext.”

In more Regional News on Page 3, Saranac Hale Spencer writes that a Middle District judge awarded more than $1 million in attorney fees to members of the funeral industry who won their suit against the state Board of Funeral Directors and took the defense to task for their approach to the litigation.

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 Health Care Law column on Page 5, Vasilios J. Kalogredis and Karilynn Bayus write about a New Jersey Supreme Court ruling on providers’ discovery obligations.

In a Trusts and Estates column on Page 7, Robert H. Louis writes about the importance of planning over the next four months.

Today’s lead story in PLW is the state Supreme Court ruling that tax collectors’ pay must be reasonable, a ruling plaintiffs counsel called a “watershed moment” for Pennsylvania’s elected tax collectors, as reporter Zack Needles writes.

Below the fold on Page 1, reporter Ben Present writes that attorneys have said there was no ethical breach for a Dauphin County judge with political ties to state Senator Jeffrey E. Piccola. The judge presided over one of the estates that Piccola worked on in his work with an “heir-hunting” firm.

On Page 3, Zack Needles writes that the state Supreme Court has agreed to take up the question of whether a government entity is a “person” subject to lawsuits under the Unfair Trade Practice and Consumer Protection Law.

There’s much more inside this week’s PLW, including Samuel C. Stretton’s Ethics Forum, in which he writes about lawyers waiving future conflicts; Brandon Swartz’s Personal Injury column on hand injuries; and David Mandelbaum’s Environmental Law column on the Act 13 decision.

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 U.S. Secretary of Labor filing an ERISA suit against Philadelphia litigation firm Harvey Pennington. As reporter Zack Needles writes, the suit alleges the firm, its managing owner and another shareholder mishandled employees’ 401(k) contributions in violation of the act.

Also above the fold on Page 1, reporter Saranac Hale Spencer writes that a class action being brought against two major manufacturers of blood reagents was certified by a federal judge.

Below the fold on Page 1, reporter Amaris Elliott-Engel writes that the Pennsylvania Supreme Court has rejected the appeal of a group of drugmakers over whether federal law pre-empts the claims of at least 2,000 plaintiffs that their use of generic versions of metoclopramide caused them to have an incurable neurological disorder called tardive dyskinesia.

Also below the fold on Page 1, suspended Justice Joan Orie Melvin and her sister Janine Orie have been ordered by an Allegheny County judge to stand trial together.

In more Regional News on Page 3, a federal judge in Camden, N.J., has dismissed a putative class action accusing Fidelity of charging excessive fees to 401(k) plan participants in divorces.

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 employees who have medical conditions but do not specifically ask for accommodation.

In a Franchise Law column on Page 7, Craig R. Tractenberg asks if, when a franchisor files, the franchisee can keep the name.

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.)

The top story this morning is a federal judge dismissing the second amended complaint filed by a nationwide class that claimed it suffered economic damages from the recall of medicine, including Tylenol, manufactured in a now-closed Fort Washington, Pa., plant operated by a subsidiary of Johnson & Johnson. As reporter Saranac Hale Spencer writes, none of the 24 named plaintiffs alleged sufficient facts.

Also above the fold on Page 1, reporter Gina Passarella writes that suspended Supreme Court Justice Joan Orie Melvin has lost her bid for recusal of the entire Allegheny County Court of Common Pleas bench in the criminal case against her.

Below the fold on Page 1, reporter Zack Needles writes that the Superior Court has ruled that Nasdaq can’t sue to collect disciplinary fines.

In more Regional News on Page 3, Gina Passarella writes that former U.S. Solicitor General Paul Clement gave his annual review of the U.S. Supreme Court’s term, noting that the court is often consistent on the topic of First Amendment cases involving free speech.

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 Immigration Law column on Page 5, H. Ronald Klasko writes about the EB-5 immigrant investor program.

This week’s GC Mid-Atlantic column is on Page 7, as Robert L. Pratter and Maria R. Granholm write about the Insurance Holding Company Act amendments that were recently passed.

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 defendants in a Philadelphia judge declaring a mistrial in a hotly contested asbestos case in which plaintiffs counsel amended a portion of his post-trial motion. As reporter Amaris Elliott-Engel writes, the original motion alleged the verdict sheet in the case was developed because of alleged ex parte contact by the defense lawyers with the leadership of Philadelphia’s civil courts, which court leadership strongly denied.

Below the fold on Page 1, reporter Saranac Hale Spencer writes that the Restatement (Second) of Torts is still the law in Pennsylvania products liability cases after a ruling by U.S. District Judge John E. Jones III of the Middle District of Pennsylvania.

In more Regional News on Page 3, Saranac Hale Spencer writes that a class representing hundreds of students suing the Lebanon School District for allegedly collecting fines above the $300 allowed by the state’s truancy law has been certified in federal 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.

In a Business of Law column on Page 5, Sandra G. Mannix writes that an Abelson Legal Search survey illustrates some of the trends in paralegal careers, including many working more than 40 hours per week and fewer than half being paid overtime.

This week’s Law Technology News page details how videoconferencing is maturing as a courtroom tool.

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.)

The top story this morning is a federal judge approving a settlement in a generic-antidepressant class action. As reporter Amaris Elliott-Engel writes, the multidistrict litigation alleged that the generic version of the drug Wellbutrin was not as therapeutically effective as the brand-name drug.

Also above the fold on Page 1, Amaris Elliott-Engel writes that the state Supreme Court has agreed to hear the appeal of a $187.6 million class action award against retail titan Wal-Mart over allegations its Pennsylvania employees were not compensated properly for off-the-clock work and missed rest breaks.

Below the fold on Page 1, reporter Gina Passarella writes that Justice Seamus P. McCaffery delivered a commentary on how the court should recognize a likely increase in veterans with PTSD.

In more Regional News on Page 3, reporter Zack Needles writes that a second adultBasic class action against Governor Tom Corbett, Budget Secretary Charles Zogby and the state Treasury Department has been allowed to proceed.

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 Securities Law column on Page 5, Katayun I. Jaffari and Jocelyn K. O’Brien write that the SEC has approved a “limit up-limit down” mechanism that will prevent trades in individual stocks from occurring outside of specified price bands.

This week’s Young Lawyer column is on Page 7, as Michael J. Newman writes about what jazz improvisation can teach lawyers about improvisation in the courtroom.

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 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 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.