The Legal Intelligencer Blog

Trial Date Set in Traffic Court Ticket-Fixing Prosecution

By Amaris Elliott-Engel
Of the Legal Staff

The federal judge presiding over the criminal cases of the Philadelphia Traffic Court judges charged with fixing tickets has scheduled their trial for November 12.

U.S. District Senior Judge Robert F. Kelly of the Eastern District of Pennsylvania entered an order setting trial last week. Kelly also scheduled all pretrial motions to be heard October 28.

Three judges have pled guilty to charges related to ticket-fixing, but have not been sentenced yet. Only one of the judges has explicitly agreed to cooperate as part of his plea deal.

Suspended Traffic Court Judge Robert Mulgrew, who took the bench in 2008 and is already facing charges for an alleged scheme to defraud the state Department of Community and Economic Development, is set to go to trial in a separate criminal case June 5.

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

Reporter's Notebook: Pro Bono Program May Help Traffic Court Image

By Amaris Elliott-Engel
Of the Legal Staff

As part of reporting a story on the future of the Philadelphia Traffic Court after allegations of ticketing-fixing have become widely publicized, I learned about an upcoming program that is aiming to help ex-convicts set up payment plans for past traffic infractions in order to get their driver’s licenses restored. The full story on the Pennsylvania Supreme Court weighing the future of Traffic Court can be found here. 

One new program that has its auspices from people outside of the FJD may help public perception of the court, Philadelphia Court of Common Pleas Judge Gary Glazer, administrative judge of the Traffic Court, said.

Two students from Temple University’s Beasley School of Law, under the supervision of Montgomery McCracken Walker & Rhoads attorneys, including Ellen Brotman, are going to work with ex-convicts on setting up payment plans for past traffic tickets so that they can get their driver’s licenses restored.

U.S. Magistrate Judge Timothy R. Rice of the Eastern District of Pennsylvania, one of the judges presiding over a court that gives federal prisoners a break on their prison terms if they successfully complete reentry court, said the idea for the program came about because so many of the reentry court participants have past traffic infractions that built up fines while they were incarcerated.

Not having a driver’s license is the biggest impediment, besides not having a general equivalency diploma, for former defendants getting jobs, Rice said.

Many employers will hire people who have been convicted of felonies, but they need licenses in order to get to work, Rice said.

“It has the potential to be a marvelous addition and help to the system,” Glazer said.

Rice also said that, while the program will initially focus on helping reentry court participants, that the program may expand to help other defendants.

(In full disclosure, Rice is teaching a course in which the author of this blog is enrolled.)

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 Superior Court mulling the pre-emption of generic drug suits. As reporter Amaris Elliott-Engel writes, Judge Mary Jane Bowes asked during an oral argument session whether injured plaintiffs can sue no one if all brand-name pharmaceutical manufacturers withdraw from the market and only generic drugmakers are left.

Also above the fold on Page 1, reporter Saranac Hale Spencer writes that three nominees have been tapped by President Obama for federal judgeships in the Eastern District of Pennsylvania, but vacancies persist.

Below the fold on Page 1, Saranac Hale Spencer writes that a suit brought by the Roman Catholic Diocese of Pittsburgh arguing that the Patient Protection and Affordable Care Act infringed on its right to freedom of religion was dismissed by a federal judge.

In more Regional News on Page 3, Amaris Elliott-Engel writes that two more judges have challenged as unconstitutional the retirement provision that says they must leave the judiciary at the end of the year in which they turn 70.

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 Commercial Litigation column on Page 5, Jeffrey G. Weil and Michael J. Broadbent write about whether a choice of law is considered a waivable issue.

In this week’s Young Lawyer column on Page 7, the YL Editorial Board writes about whether there should be a penalty for ignoring an evacuation order.

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.

Trial Set for Indicted Traffic Court Judge

By Amaris Elliott-Engel
Of the Legal Staff

Philadelphia Traffic Court Judge Robert Mulgrew, who has been suspended from his judicial duties until his federal criminal case is resolved, is set to go to trial with two co-defendants June 5, 2013, U.S. District Judge C. Darnell Jones II of the Eastern District of Pennsylvania said during a court hearing today.

Jones also asked if there was any objection to him presiding over the case because he "vaguely" recalled that he might have sworn Mulgrew into office when Jones was still the president judge of the Philadelphia Court of Common Pleas. Mulgrew stated that Jones had not sworn him in, and all of the attorneys said they had no objection to Jones presiding over the case.

Mulgrew and Lorraine Dispaldo, an aide to state Representative William Keller, D-Philadelphia, have been indicted in an alleged scheme to defraud the state Department of Community and Economic Development.

Mulgrew and Dispaldo were charged with 30 counts of mail fraud and one count of wire fraud in an alleged scheme to use state grant funds intended for community groups for improper uses.

Mulgrew and his wife, Elizabeth, also were charged with seven counts of tax fraud, including allegedly filing false tax returns, tax evasion and obstructing the administration of federal internal revenue laws. According to the indictment, the Mulgrews did not list more than $67,000 in additional taxable income and allegedly listed false business deductions in their tax returns.

Dispaldo was charged with four counts of tax fraud for allegedly not listing more than $55,000 in additional taxable income and one count of bankruptcy fraud for allegedly concealing $27,000 in income from her creditors.

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.)

Also inside of today’s paper is the latest Intellectual Property supplement, so be sure to give it a read.

The top story in today’s Legal is a look at the law surrounding third-party liability of law firms, which has recently been in the spotlight as appeals have been made to the Pennsylvania and U.S. Supreme Courts. As reporter Gina Passarella writes, law firms have been targeted as third-party defendants for their alleged roles in allowing fraudulent, or simply bad, business practices to continue by their clients.

Also on Page 1, reporter Saranac Hale Spencer writes that a lawsuit over the ownership of a LinkedIn profile is now set for trial after an Eastern District judge dismissed all of the federal claims and decided to proceed on the remaining claims under state law.

In more Regional News on Page 3, reporter Zack Needles writes that an orthopedic surgeon who won a $392,000 verdict against the law firm that used what he claimed was an unfinished expert report and the medical professional organization that subsequently suspended him has sued the doctors’ association for refusing to remove from its website an article detailing the suspension proceedings.

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 Appellate Law column on Page 5, Howard J. Bashman praises the Superior Court’s increased access to opinions after a recently policy change announcement.

In a Family Law column on Page 7, Michael E. Bertin writes about a recent case in which the Superior Court analyzed relocation under the new custody statute.

Today’s lead story in PLW is the state Superior Court ruling that state law does not allow for underinsured motorist recovery to offset an award against a third-party tortfeasor. As reporter Ben Present writes, the holding overrules the court’s decision in Pusl v. Means.

Below the fold on Page 1, Zack Needles writes that the state Supreme Court has ruled that general practitioners are not barred from consensual sex with patients in a case of first impression regarding a GP who was providing “incidental mental health treatment” to a patient.

On Page 3, Ben Present writes that the state Superior Court has imposed corporate liability on nursing homes in a recent decision.

There’s much more inside this week’s PLW, including Samuel C. Stretton’s Ethics Forum, in which he writes about nonrefundable fee clauses; Daniel J. Siegel’s Legal Ethics column on proposed changes to the rules affecting legal advertising; and Daniel E. Cummins’ Politics column on where the presidential candidates stand on tort reform and judicial selection.

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 the continued Restatement muddle in the U.S. Court of Appeals for the Third Circuit. As reporter Amaris Elliott-Engel writes, defense lawyers in an airplane crash case said they were left wondering which source of law should apply after the Third Circuit declined to consider a district judge’s opinion that the Restatement (Second) of Torts, not the Restatement (Third), applies to products liability law in Pennsylvania.

Below the fold on Page 1, reporter Gina Passarella writes that Buchanan Ingersoll & Rooney is set to open an office in Charlotte, N.C.

In more Regional News on Page 3, reporter Saranac Hale Spencer writes that an Eastern District judge has ruled that a ship doesn’t qualify as a product for purposes of products liability and that makers of the components of those ships don’t have a duty to warn “sophisticated” users about hazardous products, like asbestos.

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 Insight on Diversity column on Page 5, Cassandra Lee Matos writes about how a global perspective can make you a better lawyer.

In this week’s Law Technology News page, Monica Bay writes that a survey showed that law department spending is up.

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 roughly 2,000 former professional football players filing a consolidated concussion complaint against the National Football League. As reporter Saranac Hale Spencer writes, the long-form complaint was filed in the multidistrict litigation suit in the U.S. District Court for the Eastern District of Pennsylvania, claiming the league is responsible for the debilitating health problems the athletes developed after getting concussions while playing football.

Also above the fold on Page 1, reporter Gina Passarella writes that Sovereign Bank has filed a malpractice claim against Stradley Ronon. The bank asked a federal judge to toss the law firm’s declaratory judgment action that was filed last month against the bank for “threats of malpractice.”

Below the fold on Page 1, Gina Passarella writes that the state Supreme Court has adopted new rules on e-discovery and is rejecting the federal model.

In more Regional News on Page 3, reporter Zack Needles writes that the Commonwealth Court has directed the state’s Office of Open Records to conduct in camera review of Governor Tom Corbett’s calendars that were redacted before being made public.

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, Larry E. Coben writes about when safety equipment is sold as an option.

In a Law Firm Management column on Page 7, J. Randolph Evans and Shari L. Klevens write that firms should protect themselves from the start with engagement letters.

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.

Settlement Talks Begin in Duck-Boat Accident Trial

By Saranac Hale Spencer
Of the Legal Staff

Testimony stopped in order to hold a settlement discussion on the second day of the civil trial related to the double fatality on a duck-boat tour two years ago.

The company that owned the duck boat and the company that owned the tug boat pushing the barge that crushed it in the Delaware River both argue that the Limitation of Liability Act, passed by Congress in 1851, caps their total liability at $1.7 million.

According to that act, the owners of vessels are not liable for any loss over the value of the ship. Ride the Ducks International, the Missouri-based company that owned the duck boat, claims that its boat is worth $150,000, according to court papers. K-Sea Transportation, which owned the tug boat pushing the barge, valued its boat at $1.65 million, according to court papers.

After hearing testimony on Monday and the first half of Tuesday, U.S. District Judge Thomas O’Neill Jr. of the Eastern District of Pennsylvania suggested that the parties discuss a settlement because it is a bench trial with no jury to inconvenience with the wait, according to Robert Mongeluzzi of Saltz Mongeluzzi Barrett & Bendesky in Philadelphia.

Mongeluzzi is representing the families of the Hungarian students who were killed in the 2010 accident. John Snyder of Rawle & Henderson in Philadelphia is representing Ride the Ducks and Thomas Canevari of Freehill Hogan & Mahar in New York is representing K-Sea Transportation.

U.S. District Judge John Padova is presiding over the settlement discussion.

 

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 Intellectual Property supplement is also inside today’s paper, so be sure to give that a read.

The top story in today’s Legal is a look at the new markets opening up for Pennsylvania firms in the wake of Dewey & LeBoeuf’s slide. Reporter Gina Passarella writes that the attorneys leaving Dewey have allowed area firms to open offices in Dubai, Los Angeles and potentially Moscow and Kazakhstan.

Also above the fold on Page 1, Gina Passarella writes that Kansas City, Mo.-based Shook Hardy & Bacon is finalizing plans to open a Philadelphia office with the hire of Dechert partner Sean Wajert to its litigation group.

Below the fold on Page 1, reporter Saranac Hale Spencer writes that the U.S. Court of Appeals for the Third Circuit has ruled that a bankruptcy court must first grant leave before a trustee can be sued in another venue.

Also below the fold on Page 1, reporter Zack Needles writes that the state Supreme Court has agreed to hear a case in which it’s been asked to hear whether an insurer can be ordered to pay a medical provider’s attorney fees even if the employer properly employed the peer review process before denying coverage.

In more Regional News on Page 3, reporter Amaris Elliott-Engel writes about Thomas G. Wilkinson Jr.’s new role at the helm of the Pennsylvania Bar Association. Youth and the law top the new president’s agenda.

Also on Page 3, Zack Needles writes that a class action has been filed over NHL Winter Classic tickets that the Flyers did not give to season ticketholders.

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 Eastern District column on Page 5, Peter F. Vaira writes that two recent U.S. Supreme Court decisions have raised troublesome plea bargain issues.

In a Law Office Technology column on Page 7, Morgan C. Smith writes about using iPads to make compelling presentations at trials.

Today’s lead story in PLW is the state Supreme Court justices asserting their control over the definition of the constitutional phrase “purely public charity,” as reporter Ben Present writes.

Below the fold on Page 1, Ben Present writes that the Supreme Court has dialed back the independent source doctrine.

On Page 3, Ben Present writes a preview of Supreme Court oral arguments set to open in Harrisburg today, in which the justices will hear the H&R Block class action case for the third time.

There’s much more inside this week’s PLW, including Samuel C. Stretton’s Ethics Forum, in which he writes that an increase in technological savvy should not overshadow the basic tenets of good lawyering; Matthew T. Mangino’s Criminal Pratice column, in which he writes that disparity again pervades federal sentencing; a ruling that a landlord must know of danger to incur liability for a dog biting a person; and Jonathan Hoffman’s Family Law commentary, in which he writes about securing your client’s future with insurance.

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.