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 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 an Allegheny County jury awarding $109 million in an electrocution case. As reporter Amaris Elliott-Engel writes, the award, which includes $61 million in punitive damages, is the largest in the county’s history, according to annual statistics compiled in The Legal’s sibling publication PaLaw.

Below the fold on Page 1, reporter Zack Needles writes that Cohen Seglias plans to merge with a six-lawyer New York-based construction law boutique, Georgoulis & Associates, effective January 1.

In more Regional News on Page 3, Zack Needles writes that a jury has sided with the defense after two mistrials in a trip-and-fall case in King of Prussia.

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, Rochelle D. Laws and Sekou Campbell write about diversity as inclusion and shedding the “first” paradigm.

In this week’s Law Technology News page, Craig Ball writes about e-discovery search and looking in the wrong place.

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 female lawyers making up less than one-third of attorneys working in the Pennsylvania offices of the state’s 100 largest law firms. As reporter Gina Passarella writes, that number is slightly up from 2011, based on information from PaLaw magazine, but still lower than some expected.

Also above the fold on Page 1, reporter Zack Needles writes that George Zimmerman, the Florida man charged with killing unarmed teenager Trayvon Martin, has sued NBCUniversal Media LLC and three of its current and former reporters for defamation and intentional infliction of emotional distress, claiming they edited audio and misreported the content of his 911 call in an attempt to paint him as a “racist and predatory villain.”

Below the fold on Page 1, reporter Saranac Hale Spencer writes that a federal judge has given final approval to a $4 million class settlement with Washington Mutual.

In more Regional News on Page 3, Saranac Hale Spencer writes that the Third Circuit has upheld a $3.6 million wrongful death judgment for a trucking accident.

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, Kevin Haroff and Brad Marten write about what to expect in the next presidential term.

In a Real Estate Law column on Page 7, Alan Nochumson writes that the Superior Court has expanded builder’s liability for subsequent purchasers.

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.)

The top story this morning is the First Judicial District settling its suit over the Philadelphia family courthouse for $4 million. As reporter Amaris Elliott-Engel writes, Obermayer Rebmann Maxwell & Hippel agreed to pay $2 million, while the firm’s ex-partner Jeffrey Rotwitt’s malpractice insurer, Travelers, agreed to pay $2 million, according to the terms of the settlement.

Below the fold on Page 1, Amaris Elliott-Engel writes that the next chancellor of the Philadelphia Bar Association, Kathleen D. Wilkinson, announced that one of her initiatives will be launching a leadership program to assist young attorneys, women attorneys and attorneys of diverse backgrounds in the profession.

Also below the fold on Page 1, reporter Zack Needles writes that a $3.4 million settlement was reached in the death of a 20-year-old college student who died after drunkenly falling 30 feet over a railing at a fraternity house on the University of Pennsylvania’s campus.

In more Regional News on Page 3, reporter Saranac Hale Spencer writes that a federal judge granted most of the attorney fees requested after an employment discrimination case was resolved with a Rule 68 offer of judgment, despite the defense’s argument that one of the attorneys lacked experience in employment cases.

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 Intellectual Property column on Page 5, Paul F. Prestia asks if patents are becoming impediments to innovation.

In this week’s GC Mid-Atlantic column on Page 7, Timothy Long and Lauri Damrell write about dealing with complex gender-discrimination issues in the workplace.

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 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 First Judicial District setting out a fact-finding process in the wake of the Traffic Court’s internal report that alleged rampant ticket-fixing for the politically connected. As reporter Amaris Elliott-Engel writes, there will be two separate processes for FJD employees: one will govern employees who technically work for the state and one will govern city-level employees.

Below the fold on Page 1, reporter Zack Needles writes that an Allegheny County trial judge has awarded quantum meruit fees to Pittsburgh-based Meyer, Darragh, Buckler, Bebenek & Eck in a fee dispute.

In more Regional News on Page 3, reporter Saranac Hale Spencer writes that teachers hurt in a game of “donkey ball” are seeking insurance money in a coverage dispute. The teachers fell off donkeys while preparing to play basketball as part of a program at their school.

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 Antitrust Law column on Page 5, Carl W. Hittinger and Lesli C. Esposito write that the FTC was at full throttle in their year in review.

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 state Supreme Court mulling the “error in judgment rule” in medical malpractice cases. As reporter Ben Present writes, an attorney representing the estate of a two-month-old baby who died from a viral infection of the heart told the court Wednesday that the trial court’s jury instruction discussing the rule reflected precarious legal terrain.

Below the fold on Page 1, reporter Zack Needles writes that the state Superior Court has denied Cozen O’Connor’s request to reopen a discontinued suit filed against it by former Wolf Block attorneys in order to get a ruling that the statute of limitations wasn’t tolled.

In more Regional News on Page 3, reporter Saranac Hale Spencer writes that the Third Circuit has suggested that U.S. District Judge Arthur J. Schwab of the Western District of Pennsylvania amend the time limit he imposed for an upcoming trial.

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 Franchise Law column on Page 5, Craig R. Tractenberg writes a report from the Restaurant Development and Finance Conference that took place in Las Vegas.

In a Legal Marketing column on Page 7, Abby Raanan and Jennifer Smuts write about building relationships and the value of alumni programs.

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

Fresh Ink: Inside Today's Legal

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

The top story this morning is the 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.

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 state Supreme Court ruling that “highly reckless” conduct is an affirmative defense in products liability cases. As reporter Zack Needles writes, it requires defendants to show that a plaintiff’s highly reckless conduct was the sole or superseding cause of the plaintiff’s injuries.

Also above the fold on Page 1, reporter Amaris Elliott-Engel writes that attorneys may become mandated reporters of child abuse if one of the recommendations suggested by a task force created in the wake of the Jerry Sandusky and Archdiocese of Philadelphia priest sex-abuse scandals is passed into law.

Below the fold on Page 1, reporter Gina Passarella writes that a federal court refused to disqualify William Pietragallo from representing a defendant in a case in which he had previously contemplated representing the plaintiff.

In more Regional News on Page 3, Zack Needles writes that Spector Gadon & Rosen has started an energy and environmental practice group with the addition of environmental lawyer Kermit L. Rader, who will chair the 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 this week’s GC Mid-Atlantic column on Page 5, Julie A. Uebler writes about what employers can do to decrease the risk of employment litigation.

In a Trusts and Estates column on Page 7, Robert H. Louis writes about planning in an uncertain planning environment as we come to the end of 2012.

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 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 in today’s paper is the 2012 edition of PaLaw, our annual report on the legal profession.

The top story in today’s Legal is this year’s managing partners survey. As reporter Gina Passarella writes, layoffs and de-equitizations could return in Pennsylvania, according to the managing partners anonymously surveyed.

Also above the fold on Page 1, reporter Amaris Elliott-Engel writes that a discovery order in the Zoloft multidistrict litigation has been approved. The opposing sides negotiated the plan to set relatively early trial dates while also setting early hearings over the science behind allegations.

Below the fold on Page 1, Amaris Elliott-Engel writes the second in her Claims Chaos series, this time on mass money in claims administration raising questions.

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 that the OIG has issued a favorable on-call coverage arrangement opinion.

In a U.S. Supreme Court column on Page 7, Stephen A. Miller and Thomas M. O’Rourke write about the limits of judicial authority.

Today’s lead story in PLW is a preview of state Supreme Court oral arguments that are opening today. As reporter Ben Present writes, the viability of the “error in judgment” medical malpractice defense tops the argument session.

Below the fold on Page 1, Amaris Elliott-Engel writes that law enforcement is increasing its focus on “false confessions.”

On Page 3, reporter Zack Needles writes that a Lackawanna County judge has tossed a coal dust exposure FELA claim.

There’s much more inside this week’s PLW, including Samuel C. Stretton’s Ethics Forum, in which he writes about lawyers who represent corporations and serve on boards; Matthew T. Mangino’s Criminal Practice column about how Miller v. Alabama changes the dynamics of sentencing; and Leonard Deutchman’s Cyberlaw column on backup tapes.

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 an internal report of the Philadelphia Traffic Court showing that cases are routinely fixed. As reporter Amaris Elliott-Engel writes, the report showed that both elected Traffic Court judges and senior judges assigned to the court “routinely entertained and acted upon extrajudicial, ex parte requests for favorable treatment of traffic violators from sources within the Traffic Court and sources external to its operation.”

Below the fold on Page 1, reporter Saranac Hale Spencer writes that William Rullo, who stole nearly $400,000 from the First Judicial District while he worked there as a procurement technician, was sentenced to 33 months in prison.

In more Regional News on Page 3, Jeff Mordock writes that Delaware Governor Jack Markell’s chief of staff, Thomas McGonigle, is set to join Drinker Biddle & Reath next month. He will manage the firm’s Wilmington, Del., office. Also on Page 3, Penn State’s law campuses will be separated into two schools.

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 Law Technology News page, Judy Selby writes about protecting against the risk of data breaches.

In the Public Interest page, David Lapp writes that charter school reform must protect vulnerable students.

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.