The Legal Intelligencer Blog

Corbett Nominates Ward to Allegheny Bench, Elevates Aichele to Chief of Staff

By Gina Passarella
Of the Legal Staff

Governor Tom Corbett said today he would nominate his current chief of staff, William F. Ward, to a vacant seat on the Allegheny County Court of Common Pleas.

Corbett simultaneously announced the state’s general counsel, Stephen Aichele, would succeed Ward as Corbett’s chief of staff, effective Tuesday, May 29. Aichele left his role as chairman of Saul Ewing to take the position of general counsel at the start of Corbett’s administration.

Pending confirmation by the state Senate, Ward will serve as a special adviser to Corbett.

Ward, 60, of Mt. Lebanon, Allegheny County, will depart his present post after serving 16 months as the governor’s top aide.

“For as long as I’ve known Bill, it’s been his dream to be a judge,” Corbett said in a statement. “I’m happy to help make that dream happen, both for Bill and for the citizens who will benefit from his knowledge and integrity.”

Corbett described Ward as “a trusted friend and adviser for more than 30 years.”

“My current role in government has been both professionally challenging and personally rewarding,” Ward said in a statement. “A position serving on the bench in Allegheny County will allow me to be reunited with my family in Pittsburgh while continuing to serve the Commonwealth.”

Ward is a former federal and state prosecutor who served as first deputy to Corbett when he was state attorney general in the mid-1990s. He was considered for judicial vacancies before, both in Allegheny County and for a position as U.S. magistrate judge for the Western District of Pennsylvania, according to a press release issued by Corbett’s office.

Ward began his legal career as a law clerk to U.S. District Judge Louis C. Bechtle of the Eastern District of Pennsylvania. Two years later, then-Attorney General Griffin Bell appointed him assistant U.S. attorney for the Western District of Pennsylvania. He later was promoted to chief of the office’s economic crimes section.

In 1996, Corbett appointed Ward to be first deputy attorney general. The following year, Governor Tom Ridge named Ward as chairman of the Pennsylvania Board of Probation and Parole, a cabinet-level position. He resumed his legal career in Pittsburgh in 2003 until Corbett appointed him to serve as chief of staff.

Corbett spokesman Kevin Harley said the governor has not yet determined who the new general counsel will be to replace Aichele. He said the governor will probably announce an acting general counsel and then make a determination later on an official replacement.

Gina Passarella is the senior reporter for The Legal. She can be contacted by e-mail at [email protected] or phone at 215-557-2494. Follow her on Twitter at @GPassarellaTLI.

Comments Sought on Order Deferring Punitives in Mass Torts

By Amaris Elliott-Engel
Of the Legal Staff

Further changes are being made for mass torts cases in Philadelphia.

Philadelphia Court of Common Pleas Judge John W. Herron, the administrative judge of the trial division, has asked for comment from the bar on a court order deferring punitive damage claims in all mass torts.

Punitive damages have been deferred since the 1980s in asbestos cases, but have been available in pharmaceutical cases.

Comments are due on or before June 15 and will be posted at www.courts.phila.gov/pharmalaw. The comments can be e-mailed to [email protected].

The court also has adopted modified discovery rules “proposed by agreement of the asbestos bar and pharmaceutical bar,” Herron’s notice to the mass torts bar said.

The original order from February said that “unless otherwise agreed by defense counsel or upon showing of exigent circumstances, all discovery shall take place in Philadelphia.” Under the rule agreed to by the mass torts bar, the rule has been modified so that depositions can take place at a location outside of Philadelphia “so long as that party provides video conferencing, or telephone conferencing if video conferencing is impracticable, at no expense to opposing parties.” Plaintiffs, however, shall be deposed in Philadelphia unless the parties agreed otherwise or good cause is shown.

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 a split en banc state Superior Court panel barring a venue change from Philadelphia to Dauphin County in a suit against Harrisburg law firm Keefer Wood Allen & Rahal and other defendants. As reporter Zack Needles writes, the panel ruled 6-3 to reverse a Philadelphia Court of Common Pleas ruling that had granted the defendants’ petition to change venues for forum non conveniens, a ruling that was then upheld 2-1 by a three-judge Superior Court panel.

Also above the fold on Page 1, reporter Amaris Elliott-Engel writes on yesterday’s events from the Catholic Archdiocese of Philadelphia priest sex-abuse trial. Philadelphia Common Pleas Judge M. Teresa Sarmina said she would not prospectively rule on whether prosecutors could introduce defrocked priest Edward V. Avery’s guilty plea to sexually abusing D.G., who is set to testify today, until after cross-examination is conducted.

Below the fold on Page 1, reporter Saranac Hale Spencer writes that a federal judge has denied a $926,000 referral fee to an attorney who referred cases to a class action RICO suit that settled for hundreds of millions of dollars in 2009.

In more Regional News on Page 3, David Gialanella of Legal affiliate New Jersey Law Journal writes about a U.S. Court of Appeals for the Third Circuit ruling that the government does not need to send a lawyer or other representative to administrative or litigation proceedings for a successful adversary to win attorney fees incurred in fighting the government’s action.

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, Steven D. Usdin and Nella M. Bloom write about identifying signs that a company is in financial distress.

In a Media Law column on Page 7, Gayle C. Sproul and Michael Berry write that the press and public should be free to tweet from court.

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 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 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 personal injury firm Weinstein Schleifer & Kupersmith filing suit against its former partner Norman J. Weinstein in Philadelphia Common Pleas Court. As reporter Zack Needles writes, the firm is alleging, among other things, that he used the firm’s money to fund his own side business and poached the firm’s clients and referral resources when he left for Galfand Berger.

Also above the fold on Page 1, reporter Gina Passarella writes that Drinker Biddle & Reath is owed $877,000 in attorney fees by the city of Philadelphia for its work on a dispute with the Boy Scouts of America, according to an issue order Wednesday by U.S. District Court Judge Ronald L. Buckwalter of the Eastern District of Pennsylvania. The city had been in a lease dispute, trying to prevent the group from occupying a city-owned building rent free and continuing to openly ban gay men from membership.

Below the fold on Page 1, reporter Amaris Elliott-Engel writes that Philadelphia Common Pleas Court Judge M. Teresa Sarmina has ruled that an attorney for former priest Edward Avery, who is accused of sexually abusing a youth, can cross-examine the priest’s accuser on whether he was motivated to make up the allegations because he was expelled from his archdiocesan high school in ninth grade.

In more Regional News on Page 3, reporter Saranac Hale Spencer writes that a woman is entitled to her late ex-husband’s retirement plan, but his estate is equally entitled to enforce the waiver she signed giving up her right to collect the benefits once they have been distributed, the 3rd U.S. Circuit Court of Appeals ruled Tuesday.

Also on Page 3, an Eastern District judge has allowed the majority of indirect purchaser claims in the multidistrict class action litigation over alleged price-fixing for eggs and egg products 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.

A Legal Marketing column on Page 5 covers how firms can be more attractive to company clients.

As it is Thursday, this week’s Young Lawyer column is on Page 7, as the YL Editorial Board writes that law firms should invest in and gain from younger lawyers.

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.

AJ Suspends New System for Homicide Appointments

By Amaris Elliott-Engel
Of the Legal Staff

Philadelphia Common Pleas Court Judge John W. Herron, the administrative judge of the trial division, has temporarily suspended the First Judicial District’s homicide appointment system committee in order to “immediately increase the number of qualified criminal defense lawyers willing to accept court appointment.”

The new system started at the beginning of year to replace an old system in which judges actually appointed attorneys. The new system created a screening committee, including judges and lawyers, vetting the qualifications of attorneys.

Herron said in his court regulation issued Monday that the “Homicide Appointment System Committee” needed to be temporarily suspended because only 12 lawyers have been qualified by the committee so far. “Reliance solely on the approved panel would exhaust the list after the first six new capital cases requiring court-appointed private counsel,” Herron said. “Inevitably this would lead to multiple capital case appointments for attorneys on the panel, which is a major part of the problem this court is working to correct.”

The review process, as well as the 25-page application, of the committee will not allow for an increase of attorneys in enough time to address a backlog in homicide cases, Herron’s regulation said.

The committee will review its procedures and notify the bar when it is prepared to accept new applications for court appointments beginning Jan. 1, 2013, Herron wrote. Under the interim process, attorneys will be expected to be available for appointment through Dec. 31, 2012, and no attorneys added to the panel will be asked to accept appointment to more than two capital cases, Herron said. Herron’s action is the latest salvo on the issue of the quality of representation of defendants facing homicide charges.

Last week, the Administrative Governing Board of the FJD, made up of all of the president judges and administrative judges of the FJD’s three courts, increased the fees for indigent capital case representation while the state Supreme Court considers a report from fact-finder Senior Judge Benjamin Lerner that the pay for capital defense lawyers, while not unconstitutional on a global basis, is “grossly inadequate.” The report is still pending with the state Supreme Court.

There is a 30-day comment period authorized before the court will consider Lerner’s report and recommendations, Herron wrote in a letter Thursday to Kevin V. Mincey, chair of the Philadelphia Bar Association’s criminal justice section.

Amaris Elliott-Engel can be contacted at 215-557-2354 or [email protected]. Follow her on Twitter @AmarisTLI.

Philadelphia May Come Off ‘Judicial Hellhole’ List

By Amaris Elliott-Engel
Of the Legal Staff

The conservative legal group that labeled Philadelphia Common Pleas Court a “judicial hellhole” for two years running is considering taking the courts of the City of Brotherly Love off of its list.

The prospective action is being taken in light of an order issued this week by Philadelphia Common Pleas Court Judge John W. Herron, administrative judge of the trial division, of which civil cases are a part. The order asked that lawyers for out-of-state asbestos plaintiffs file their cases in other forums in order to allow the First Judicial District to get its asbestos case inventory back into compliance with American Bar Association standards that over 40 percent of cases be resolved within 24 to 25 months. The order also ended reverse bifurcation in all asbestos cases, limited pro hoc vice counsel to trying two cases a year in Philadelphia, and barred punitive damages for all mass tort cases – at least on a foreseeable basis.

Darren McKinney, director of communications for the American Tort Reform Association, said in an e-mail today that in light of Herron’s order the group is considering the “unprecedented” move of a mid-year removal of a court from its list.

Among other criticisms that ATRA raised were that reverse bifurcation in asbestos trials put defendants in a quandary because the has been focusing on the plaintiffs’ injuries before focusing on whether the defendants could have caused the alleged injuries and that the First Judicial District was the site of “forum shopping.”

Amaris Elliott-Engel can be contacted at 215-557-2354 or [email protected]. Follow her on Twitter @AmarisTLI.

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 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 second supplement of 2012, Banking & Accounting, is also inside the pages of today's Legal, so be sure to check it out.

Today’s top story is the growth of Dechert’s revenue for the first time in four years. As reporter Gina Passarella writes, the firm bumped its revenue from $648.5 million in 2010 to $671 million last year. Dechert also saw growth in metrics such as revenue per lawyer, profits per equity partner and average compensation for all partners.

On the bottom of Page 1, reporter Amaris Elliott-Engel writes that Philadelphia Common Pleas Court Judge M. Teresa Sarmina said the majority of “bad acts” evidence will be admitted in the priest abuse case. Sarmina ruled that all but six instances of priests who were reported to have committed sexual abuse or other improprieties can be admitted in the trial of Monsignor William Lynn, who allegedly endangered the welfare of two youths whom Lynn’s co-defendants are accused of sexually abusing.

In more Regional News on Page 3, reporter Zack Needles writes that recorders of deeds may not reject gas lease documents. The Commonwealth Court has ruled that counties’ recorders are required by statute to record all lease documents presented to them, in what attorneys said is a significant win for natural gas drillers.

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 William E. Harris writes about projecting wage growth and inflation in today’s economic climate.

In a Business of Law column on Page 7, Frank Michael D’Amore writes about the top areas where law firms differ from each other in the first article of a series he will write.

As it is Tuesday, it’s also your chance to read this week’s Pennsylvania Law Weekly. The lead story for PLW comes from Zack Needles, who writes that a Northampton County trial judge has found that talking on a cellphone while driving is not egregious enough to warrant punitive damages in a motor vehicle accident case. “The Pennsylvania Supreme Court has held that punitive damages are an ‘extreme remedy,’ available in only the most exceptional matters,” said Northampton County Common Pleas Court Judge Leonard N. Zito.

On the bottom of Page 1, Amaris Elliott-Engel writes that the Republican-controlled state House of Representatives has moved to cap punitives in nursing home cases. The House passed a bill to cap punitive damages in lawsuits against personal care homes, assisted living communities, long-term care nursing facilities, home care agencies, home health care agencies and hospices at 200 percent of compensatory damages awarded in such lawsuits.

On Page 3, Gina Passarella writes that the 3rd U.S. Circuit Court of Appeals has ruled that a car accident caused by a box left on the road can generate uninsured motorist benefits.

There’s much more inside this week’s PLW, including Samuel C. Stretton’s Ethics Forum, in which he discusses how a heavy dose of trial work can help a young lawyer; Matthew Weisberg’s commentary on the legal profession, in which he writes about attorney fees as consequential damages in legal malpractice actions; a criminal practice article in which the state Supreme Court has ruled that robbery was not needed as a predicate offense for a murder conviction; and the Commonwealth Court ruling that a Chester, Pa., ordinance making it illegal to loiter in “high drug activity” areas is too vague and unconstitutional.

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.