The Legal Intelligencer Blog

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 Hershey and other chocolate makers failing to prevent class status from being granted against them. As reporter Saranac Hale Spencer writes, direct purchasers of chocolate candies from the major manufacturers allege they engaged in price fixing.

Also above the fold on Page 1, reporter Amaris Elliott-Engel writes that Philadelphia is contemplating a new model for conflict counsel, seeking “creative and innovative” proposals.

Below the fold on Page 1, reporter Gina Passarella writes that shareholders are being put on par with stakeholders in the new Pennsylvania benefit corporations law.

In more Regional News on Page 3, Amaris Elliott-Engel writes that Montgomery County’s civil legal aid funding has survived through a new process.

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, Sid Steinberg writes that the enforcement of a union contract was found to be not discriminatory.

In this week’s GC Mid-Atlantic column on Page 7, Lee Udelsman writes that today’s general counsel must be a jack of all trades.

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 Philadelphia Court of Common Pleas Judge Allan L. Tereshko resigning as supervising judge of the city’s civil cases. As reporter Amaris Elliott-Engel writes, Tereshko was taken to task by the Pennsylvania Superior Court for failing to disclose that his spouse worked for a law firm representing a defendant in a motor vehicle insurance case.

Also above the fold on Page 1, reporter Gina Passarella writes that Morgan, Lewis & Bockius has hired former acting U.S. attorney general and current White & Case white-collar practice group leader George J. Terwilliger III. He will join the firm’s Washington office next month, along with three partners and a group of associates.

Below the fold on Page 1, reporter Saranac Hale Spencer writes that all but one of the claims lodged by Montgomery County’s recorder of deeds alleging that Mortgage Electronic Registrations Systems Inc. has circumvented Pennsylvania law requiring the recording of mortgage assignments have survived a motion to dismiss in federal court.

In more Regional News on Page 3, Jeff Mordock writes that the Delaware Chancery Court heard arguments on receivership authority.

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 that the circuits are split on considering prior settlement offers in relation to attorney fees.

In a Franchise Law column on Page 7, Craig R. Tractenberg and Gregg Rubenstein write that the forum selection clause is an important provision 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 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 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 Kentucky firm Stoll Keenon Ogden opening a Western Pennsylvania office with a focus on oil and gas. As reporter Zack Needles writes, the office will be in the Southpointe business park in Washington County, Pa., led by member David H. Thomason, who has more than 45 years of experience in mineral law.

Also above the fold on Page 1, reporter Gina Passarella writes that a Philadelphia judge has found the Lundy Law firm breached its contract with a referring attorney over a referral fee, but the judge’s order has left unresolved how the fee will be awarded given several firms won the damages and only one signed the fee agreement.

Below the fold on Page 1, reporter Saranac Hale Spencer writes that the Third Circuit has tossed Tinicum Township’s claims against the expansion of Philadelphia’s airport.

In more Regional News on Page 3, reporter Amaris Elliott-Engel writes that Paul Anapol, one of the founders of plaintiffs law firm Anapol Schwartz, has died.

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, Sid Steinberg writes that the use of dated bases for termination has been upheld in an age bias case.

This week’s GC Mid-Atlantic column is on Page 7, as James A. Matthews III writes the final part in a series on the attorney-client privilege within the client organization.

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 the second day of Jerry Sandusky’s trial in Bellefonte, Pa., where former graduate assistant Mike McQueary took the stand and said he saw a sexual encounter between the former Penn State assistant football coach and a child. As reporter Ben Present writes, prosecutors displayed several pictures of the Lasch building locker room, where the alleged abuse took place.

Also above the fold on Page 1, reporter Zack Needles writes that suspended state Supreme Court Justice Joan Orie Melvin’s pay is still up in the air following a 9-minute hearing before a three-judge panel of the Pennsylvania Court of Judicial Discipline in Harrisburg.

Below the fold on Page 1, reporter Saranac Hale Spencer writes that a private RICO suit has been reopened against Alcoa following a hiatus since the case was first filed by Aluminum Bahrain in 2008 because the U.S. Department of Justice intervened.

In more Regional News on Page 3, reporter Gina Passarella writes that the word of Philadelphia Housing Authority’s counsel is enough to stop potentially privileged bills from being turned over to HUD. The attorney said there were no privileged invoice entries.

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, Sid Steinberg writes that a contested leave of absence is a reasonable accommodation.

In this week’s GC Mid-Atlantic, James A. Matthews III writes the second part of a series on attorney-client privilege within the client organization.

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 $26 million settlement reached after a tractor-trailer accident. As reporter Amaris Elliott-Engel writes, a cheese company has agreed to pay the settlement in a case involving a car accident in Central Pennsylvania that resulted in the death of one person and life-changing injuries to another.

Also above the fold on Page 1, reporter Ben Present writes that lawyers sparred yesterday over the constitutionality of the closely watched Act 13 provisions. Challenges to the amendments to the state Oil and Gas Act went before the Commonwealth Court in Harrisburg, marking the first time attorneys have argued the act’s constitutionality.

Below the fold on Page 1, Amaris Elliott-Engel writes that mass tort rule changes are leading to a drop-off in Philadelphia filings, according to Judge John W. Herron.

In more Regional News on Page 3, a South Jersey judicial nominee may face questions at her confirmation hearing about a whistleblower suit against her.

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, James B. Shrimp writes that franchisors should beware in an update on rising liability issues.

In this week’s Young Lawyer column on Page 7, Debra L. Bruce writes that appreciation can help grease the wheels for success.

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 lawyers in the Catholic Archdiocese sex-abuse trial sparring over an explanation of what it means to have a duty of care to not endanger the welfare of children. As reporter Amaris Elliott-Engel writes, prosecutors want the jurors in the case to hear the explanation, while Alan J. Tauber of Lindy & Tauber said that providing such an explanation makes “greater the risk the jury will convict one of these men on a concept of negligence.”

Also above the fold on Page 1, reporter Gina Passarella writes that Stradley Ronon Stevens & Young has sued client Sovereign Bank to stop threats of a malpractice lawsuit. The firm filed a complaint “seeking to put an end to ongoing and baseless assertions and threats of malpractice being voiced by defendant, Sovereign Bank N.A.”

Below the fold on Page 1, reporter Saranac Hale Spencer writes that the Chemical Weapons Act was upheld by the U.S. Court of Appeals for the Third Circuit on remand from the U.S. Supreme Court. The court was hearing the case of a spurned spouse’s alleged revenge plot, which included the use of highly toxic chemicals from her employer, chemical manufacturer Rohm and Haas, but declined to say the act was unconstitutional.

In more Regional News on Page 3, reporter Ben Present writes that Penn State has appealed the venue decision in its insurance dispute, seeking to keep the litigation between the university and its insurer from unfolding in Philadelphia.

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, Jessica R. O’Neill writes about “disinvesting” in the federal enforcement of environmental laws.

In an Employment Law column on Page 7, Michael D. Homans writes that banning smokers may harm your company’s health in the long term.

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.

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 U.S. Court of Appeals for the Third Circuit hearing arguments and weighing the intent and vulgarity of bracelets worn in the Easton Area School District with the phrase, “I [heart] boobies,” for which two middle school students were suspended. As reporter Saranac Hale Spencer writes, the students, who wore the bracelets were for breast-cancer awareness, are being backed by the American Civil Liberties Union.

Also above the fold on Page 1, reporter Amaris Elliott-Engel writes that a proposed state-law class action filed against Discover Bank and several Pennsylvania-based debt collection law firms alleges that the credit card lender has been collecting on debts that it no longer has a beneficial interest in.

Below the fold on Page 1, reporter Zack Needles writes that Luzerne County Chief Public Defender Albert J. Flora Jr. has filed a class action suit against the county and County Manager Robert C. Lawton for “deliberate indifference to the funding needs” of the Adult Unit of the Luzerne County Public Defender’s Office. Flora is joined by three indigent adult criminal defendants in the suit.

In more Regional News on Page 3, Zack Needles writes that Nelson Levine de Luca & Horst has hired Stanley Jablonowski to be its first vice president of business development. Jablonowski had previously been with insurance and financial company Selling Technologies Inc. as its chief executive officer.

Also on Page 3, Saranac Hale Spencer writes that the federal court in Pennsylvania’s Middle District will apply Georgia Law in a case that touches five states.

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, including a federal court finding that a Ford surcharge on New Jersey dealers is legal.

In an Employment Law column on Page 5, Sid Steinberg writes about individual arbitration agreements being applied to class actions.

In this week’s GC Mid-Atlantic column on Page 7, Joseph A. Martin writes about Section 337 of the Tariff Act, which is a new weapon in the war against foreign trade secret misappropriation.

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.