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.)

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 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 preliminary objections being denied in the family courthouse suit. As reporter Amaris Elliott-Engel writes, the First Judicial District’s legal malpractice lawsuit related to the new courthouse moved one step further, as objections related to a defendant law firm’s answer in the case were turned away.

Below the fold on Page 1, reporter Gina Passarella writes that Cozen O’Connor has asked the state Superior Court to reopen the discontinued lawsuit against it filed by Wolf Block lawyer John Loalbo, Rebecca Rosenberger Smolen, Kevin O’Connor and Lynne Gold-Bikin. Cozen wishes to get a ruling that the firm as never properly served a writ and therefore the statute of limitations cannot be tolled on the plaintiffs’ claims.

In more Regional News on Page 3, reporter Saranac Hale Spencer writes that the third party in an elevator accident case may invoke attorney-client privilege.

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 Young Lawyer column on Page 5, Farbod Farnia writes about how to use document review work to enhance a resume.

In a Health Care Law column on Page 7, Vasilios J. Kalogredis and Karilynn Bayus write that the OIG has approved arrangements for pre-authorization services.

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 Pepper Hamilton acquiring Louis Freeh’s law firm and consulting group. As reporter Gina Passarella writes, Pepper Hamilton had been working for months with the firm, Freeh, Sporkin & Sullivan, on the investigation into Penn State’s handling of the Jerry Sandusky scandal.

Also above the fold on Page 1, reporter Saranac Hale Spencer writes that antitrust claims against a merger of two of the country’s largest pharmaceutical benefits management companies, Medco Health Solutions and Express Scripts, were dismissed by a federal judge in Pittsburgh.

Below the fold on Page 1, reporter Zack Needles writes that the state Supreme Court has ruled that a Montgomery County trial judge’s jury charge did not instruct the jury that it needed to find intent to harm in order to find that medical battery occurred in a case in which a woman claimed she did not consent to the cesarean section a surgeon performed on her.

In more Regional News on Page 3, Merck has appealed a “pay-for-delay” deal ruled on by the Third Circuit to the U.S. Supreme Court. Also on Page 3, Pepper Hamilton is advising IBM on its push into social networking.

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, Tiffani L. McDonough writes that health care reform is leading to more wellness initiatives.

In a Real Estate Law column on Page 7, James M. Lammendola writes that the Commonwealth Court considered eminent domain and Act 70 in a recent 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 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 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 a Philadelphia judge rejecting a motion for reconsideration by a defense attorney, who the judge found should be sanctioned for contacting the employer of a plaintiff’s expert witness in a medical malpractice case, to have opposing counsel also sanctioned. As reporter Amaris Elliott-Engel writes, the exact sanctions are still to be determined.

Also above the fold on Page 1, Amaris Elliott-Engel writes that the Superior Court has ruled that the Pennsylvania judiciary does not have specific jurisdiction over out-of-state health care providers whose treatment results in injuries to Pa. residents while in their home state.

Below the fold on Page 1, reporter Gina Passarella writes that the first cy pres award since a rule change regarding class action settlement funds was given to the state IOLTA board and Community Legal Services. Each will receive nearly $46,000 donations facilitated by lawyers at Feldman Shepherd.

In more Regional News on Page 3, Cozen O’Connor has said that the comments and actions of Brooklyn Supreme Court Justice Arthur Schack demonstrate “extreme bias and hostility” toward John McDonough, a lawyer with the firm who was defending Duane Reade in a suit before Schack.

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 the Public Interest Page, Niki Ludt writes about a legal center putting a face on the voter ID litigation and Marissa Boyers Bluestine writes about ensuring the integrity and accuracy of convictions.

In a Law Technology News column on Page 7, Scott Vernick and Peter Buckley write about getting court approval for predictive coding. 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 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 the second in reporter Amaris Elliott-Engel’s series on products liability, as she writes about how the growth of foreign class and mass actions are changing products law.

Also above the fold on Page 1, reporter Saranac Hale Spencer writes that Pennsylvania federal courts are at odds on the adoption of the Restatement (Third) of Torts. A Western District judge applied it in a recent products liability case, while the Middle District recently indicated that the Restatement (Second) is still the guiding force in the state.

Below the fold on Page 1, reporter Gina Passarella writes that the ABA has blessed client disclosure to facilitate lateral moves. The ABA recently looked at giving some guidelines for how to share the information regarding client names to facilitate conflict checks with potential new firms.

In a From the Chief column on Page 3, Hank Grezlak writes that state courts must tread more carefully with the right to vote.

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 Law Office Technology column on Page 5, Thomas E. Groshens writes about moving to the cloud and details the capabilities of Evernote and the future of data management.

In a Legal Marketing column on Page 7, Stacy West Clark writes about implementing a 90-day plan to grow your practice.

Today’s lead story in PLW is the rare reargument grant in an Office of Open Records case involving the release of Governor Corbett’s calendar information. As Zack Needles writes, lawyers said it was “almost unprecedented” for the Commonwealth Court to grant reargument.

Below the fold on Page 1, reporter Ben Present writes that an allocatur grant is being disputed in the wake of amendments made to the Medical Records Act.

On Page 3, Amaris Elliott-Engel writes that the Commonwealth Court has ruled that the calendars for Philadelphia Mayor Michael A. Nutter and the 17 members of City Council are exempt from the state’s Right-to-Know Law.

There’s much more inside this week’s PLW, including Samuel C. Stretton’s Ethics Forum, in which he writes about lawyers who fail to pay their bills; James W. Cushing’s Real Estate column on Cheltenham Township’s dispute with the First Korean Church of New York Inc.; and a Personal Injury column on accident reconstruction in vehicle-pedestrian collisions.

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. Supreme Court upholding the centerpiece of the nation’s new health care law – the so-called individual mandate to buy insurance. As Marcia Coyle of Legal affiliate The National Law Journal writes, it was upheld as a constitutional exercise of Congress’ taxing authority.

Also above the fold on Page 1, reporters Gina Passarella and Zack Needles write that lawyers are focusing on the practical impact of the Affordable Care Act and advising clients on whether it makes sense to offer employees health care come 2014.

Below the fold on Page 1, reporter Saranac Hale Spencer writes that a Harrisburg municipal authority must pay $19 million it owes for technology installed in its garbage incinerator, which helped lead to a declaration of insolvency by the Harrisburg city government in 2011.

Also below the fold on Page 1, Gina Passarella writes that suspended state Supreme Court Justice Joan Orie Melvin has lost her bid to have the entire Allegheny County bench recuse itself from hearing the nine criminal charges against her.

In more Regional News on Page 3, Gina Passarella writes that a midyear report indicates Pittsburgh is one of the hottest legal markets thanks to the “shale rush,” along with North Dakota and Houston.

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 much more Supreme Court coverage.

In a Real Estate Law column on Page 5, Bernie Bittner writes that Pennsylvania has approved title insurance rate changes.

In a Litigation column on Page 7, Judy Weintraub and Harrie Samaras write another part in their series on mediation preparation, this time advising not to let the informality fool you.

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.

Duquesne Law Dean Weighs in on ‘Landmark’ Health Care Decision

By Zack Needles
Of the Legal Staff

Duquesne School of Law Dean Ken Gormley said Thursday that the U.S. Supreme Court’s ruling upholding President Obama’s health care reform legislation was one of the most important decisions to come from the high court since the days of President Franklin D. Roosevelt, when it was faced with federal legislation aimed at bringing the country out of the Great Depression.

“I think it will be viewed as a landmark decision and one of the most significant pieces of legislation to confront the Supreme Court in many years, largely because it’s creating a whole new legislative structure to deal with a giant issue in American society: health care,” he said.

According to Gormley, the ruling also contained its share of surprises, chief among them being the majority’s holding that the individual mandate violated the Commerce Clause, but survived as a tax. Gormley said he felt this was a “very creative way to handle a dicey issue.”

But while some may consider it surprising that Chief Justice John G. Roberts Jr., a noted conservative, penned the opinion on behalf of a majority that also included four justices widely regarded as liberals, Gormley said the essence of the ruling was very much in line with Roberts’ ideology.

As Roberts wrote in the opinion: “We do not consider whether the act embodies sound policies. That judgment is entrusted to the nation’s elected leaders. We ask only whether Congress has the power under the Constitution to enact the challenged provisions.”

“I think the end result of giving Congress deference in this area was perfectly consistent with Chief Justice Roberts’ judicial philosophy,” Gormley said.

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 former Justice Sandra Day O’Connor hearing arguments yesterday in the U.S. Court of Appeals for the Third Circuit that centered on an opinion she joined while sitting on the U.S. Supreme Court in 1986. As reporter Saranac Hale Spencer writes, O’Connor, sitting by designation, and a three-judge panel heard arguments in a class action suit brought against title insurers in New Jersey that echoed the Supreme Court’s 1986 decision in Square D v. Niagara Frontier Tariff Bureau.

Also above the fold on Page 1, reporter Amaris Elliott-Engel writes that Philadelphia Court of Common Pleas Judge Jacqueline F. Allen heard arguments over the norms of writing a letter to an expert’s employer. A defense attorney in the case sent a letter to the employer of a medical malpractice plaintiff’s expert, but said she should not be sanctioned because lawyers frequently discuss local physicians who testify as experts, especially if they “go out there and espouse a new standard of care.”

Below the fold on Page 1, reporter Zack Needles writes that Cohen Seglias Pallas Greenhall & Furman has picked up a two-member construction boutique, Byler & Blaker, for its Philadelphia office.

In more Regional News on Page 3, Saranac Hale Spencer writes that challengers to federal laws requiring pornography producers to keep lists of their actors won their big to seek further discovery following a ruling the Third Circuit.

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 Asset Management column on Page 5, Mark L. Silow writes about taxpayers receiving tax-exempt interest on a settlement in the case of DeNaples v. Commissioner.

In a Health Care Law column on Page 7, Vasilios J. Kalogredis and Karilynn Bayus analyze CMS’s proposed rule on reporting and returning overpayments.

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 paper also includes the Workers' Compensation supplement.

The top story in today’s Legal is reporter Ben Present’s look at the state attorney general race, in which candidates Kathleen Kane and David Freed diverge on health care and the investigation of former Penn State assistant football coach Jerry Sandusky. Both candidates answered questionnaires, which appear in full in the paper.

Also above the fold on Page 1, reporter Amaris Elliott-Engel writes that an ex-priest said Monday that he reported alleged abuse to Monsignor William J. Lynn, a defendant in the Catholic Archdiocese of Philadelphia sex-abuse case. The ex-priest said he left the priesthood because one of his colleagues, whom he claims abuse him for four years, was not removed from ministry by church officials.

Below the fold on Page 1, reporter Gina Passarella writes that Stevens & Lee has filed a sanctions motion against Elliott Greenleaf and its chairman for alleging that a partner who left Elliott Greenleaf for Stevens & Lee misused escrow funds. This is the latest chapter in an ongoing battle between the two sides.

In more Regional News on Page 3, reporter Saranac Hale Spencer writes that a federal judge has ruled in favor of South Philadelphia sandwich shop Steak’em Up in a trademark suit filed by national frozen food giant Steak-umm.

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 E-Discovery column on Page 5, Ross Cunningham and Elizabeth Lemoine write about preparing for e-discovery supplemental obligations.

In a Litigation column on Page 7, Harrie Samaras and Judy Weintraub write about what you need to know about selecting a mediator for ADR.

Today’s lead story in PLW is the state Supreme Court grappling with PTSD benefits for police during oral arguments last week. As Ben Present writes, the question of “abnormal working conditions” and “extraordinary” events loom large.

Below the fold on Page 1, reporter Zack Needles writes that the plaintiffs bar is criticizing the state Supreme Court’s ruling that courts must consider a product’s multiple uses when assessing that product’s risk. Some plaintiffs attorneys have said it gives defendants an unfair advantage.

On Page 3, Ben Present writes that a Lackawanna County judge has ruled that a pair of Pennsylvania homeowners may proceed with their claim that Wells Fargo committed a breach of contract by failing to offer the permanent changes to their mortgage payments after a trial period with lower rates.

There’s much more inside this week’s PLW, including Samuel C. Stretton’s Ethics Forum, in which he says a lawyer must be careful if paying a non-expert witness; Sam Pond and Allison Wheeler’s workers’ compensation commentary about proposed legislation extending treatment time that promotes “doctor shopping”; a defamation suit against a mortgage company pre-empted by the FCRA; a ruling that PennDOT highway plans were de facto taking; and Jeff Jubelirer’s public relations commentary about how to respond to commenters.

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.