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 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 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 judge specially appointed to preside in the First Judicial District’s legal malpractice lawsuit against its ex-attorney on the family courthouse project rejecting a request for sanctions because of the lawyer’s answer to discovery interrogatories. As reporter Amaris Elliott-Engel writes, Allegheny County Court of Common Pleas Senior Judge R. Stanton Wettick Jr. said it appears that Jeffrey B. Rotwitt has adequately responded to the interrogatories and that any “alleged discrepancies are matters to be explored during Mr. Rotwitt’s deposition.”

Also above the fold on Page 1, reporter Gina Passarella writes that Fox Rothschild has opened a Denver office looking to capitalize on that area’s intellectual property boom.

In more Regional News on Page 3, Jeff Mordock writes that Connolly Gallagher, the commercial litigation firm spun out from Connolly Bove Lodge & Hutz, has launched in Delaware.

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 Calli Jo Varner write about the case of In re El Paso Shareholders Litigation and what it says about negotiating a merger.

In a Public Interest column on Page 7, Meredith Rapkin writes about protecting female farmworkers in Pennsylvania from harassment.

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 a judge rejecting a discovery request on former state Senator Vince Fumo in the First Judicial District’s legal malpractice lawsuit against its ex-attorney on the family courthouse project. As reporter Amaris Elliott-Engel writes, the request was for Obermayer Rebmann Maxwell & Hippel to answer questions on whether Fumo requested the firm compensate him for including state funds for a new courthouse in the state’s capital budget for public works projects.

Also above the fold on Page 1, reporter Saranac Hale Spencer writes that allegations that more than a dozen Lackawanna County employees were fired as “political retaliation” following the county’s shift to Democratic control after the 2007 election survived summary judgment in federal court.

Below the fold on Page 1, reporter Zack Needles writes that managing employee 401(k) plans could be dangerous for lawyers, as Philadelphia litigation firm Harvey Pennington recently learned when the U.S. Secretary of Labor filed suit against the firm alleging it mishandled employee contributions.

In more Regional News on Page 3, two New Jersey defense lawyers have been hit with ethics charges for their use of Facebook’s friend request tool.

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, Anthony S. Volpe and Max S. Morgan write about applying patent teachings in products liability cases.

In this week’s GC Mid-Atlantic column on Page 7, Bruce Green and Jordan Thomas of Legal affiliate Corporate Counsel write about when a corporation’s lawyer can blow the whistle.

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 Defender Association of Philadelphia slated to withdraw from multiple Municipal Court courtrooms beginning today because the association says it has not received enough funding from the city of Philadelphia. As reporter Amaris Elliott-Engel writes, private attorneys will represent indigent defendants in those courtrooms instead, according to criminal justice leaders, but scheduling conflicts with the private attorneys will likely lead to more cases being rescheduled or delayed.

Below the fold on Page 1, reporter Saranac Hale Spencer writes that the Third Circuit has established a four-part test to determine whether a company is a joint employer under the Fair Labor Standards Act. The case of first impression arose in a class action suit filed by assistant managers at Enterprise Rent-A-Car branches across the country alleging Enterprise failed to pay overtime wages.

In more Regional News on Page 3, reporter Zack Needles writes that intellectual property boutique Caesar, Rivise, Bernstein, Cohen & Pokotilow has changed its managing partner. David M. Tener will take over the post that Manny D. Pokotilow held for about two decades.

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 on Page 5, Angus Love writes that a consensus is building for sentencing reform.

In the Law Technology News page on Page 7, John Barkett writes that the ABA is set to tackle technology issues at its upcoming meeting.

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 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 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 Saul Ewing opening a Pittsburgh office by bringing on four attorneys from Schnader Harrison Segal & Lewis. As reporter Gina Passarella writes, the office will fit into a market that has become sought after not just because of the Marcellus Shale and work relating to it, but because of all the shale play brings with it.

Also above the fold on Page 1, reporter Saranac Hale Spencer writes that U.S. Court of Appeals for the Third Circuit Chief Judge Theodore McKee said that a limit on lengthy briefs announced in January is working.

Below the fold on Page 1, reporter Zack Needles writes that a worked injured in a wall collapse has settled his lawsuit for $2.6 million with the general contractor, a subcontractor and the site owner.

Also below the fold on Page 1, Saranac Hale Spencer writes that the ACLU is seeking to block the state voter ID law.

In more Regional News on Page 3, reporter Amaris Elliott-Engel writes that as savings are stagnating, the First Judicial District has asked for more funding during a lengthy round of Philadelphia City Council budget hearings.

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, Gina Ameci writes about the challenging personalities to be encountered during employee performance reviews.

In an Intellectual Property column on Page 7, Anthony S. Volpe and Carey Kulp write about improving the likelihood that you own the IP rights to a property.

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 defense verdict being challenged in a hotly contested Philadelphia asbestos case. As reporter Amaris Elliott-Engel writes, the plaintiffs’ counsel has filed a post-trial motion claiming that the verdict sheet was developed because of alleged ex parte contact by the defense lawyers with the leadership of Philadelphia’s civil courts.

Below the fold on Page 1, reporter Zack Needles writes that the state Supreme Court heard oral arguments yesterday on the question of whether messages posted on a Myspace page could be considered communication with a specific group of people. In Commonwealth v. Scott, lawyers disputed whether defendant Khalil Scott’s postings on Myspace were enough to constitute a probation violation. In one of the postings he appeared to identify himself as a gang member and referenced two apparent gang members in another.

In more Regional News on Page 3, Amaris Elliott-Engel writes that the Philadelphia District Attorney aims to reduce homicides by raising bail in gun cases. More than 300 people were murdered in Philadelphia in each of the past five years.

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, Eric G. Soller and Martha S. Helmreich write about the potential high cost of losing an infringement case.

As it is Wednesday, this week’s GC Mid-Atlantic column is on Page 7, as Martha “Frannie” Reilly writes about the ABCs of general counsel issues for nonprofit organizations.

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.

Is the Constitution the Roadblock to Meaningful Patent Reform?

By Anthony S. Volpe
Special to the Legal

The issue of patent reform and the enforcement of the rights afforded by patents has been making headlines. The make-up of the forces lining up on opposite sides of the issue are not predictable. But, predictably, each side is attacking the other for its self-serving view of how the reform should proceed. With this fight in mind, is it possible that the Constitution has built into its genius the very root of the problem?

The Constitution is clear: Congress has the power under Article 1, Section 8  “To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writing and Discoveries.” Since there is no further definition of how this is to be achieved, it is left to the legislative process to provide the statutory framework to accomplish this mandate.

If it stopped at that point, getting the statutory framework in place may not be a problem. However, there is the not-so-small matter of the first 10 amendments to the Constitution, commonly known as the "Bill of Rights," which was required to gain passage of the document. The First Amendment is a prohibition against government power that states, "Congress shall make no law … abridging the freedom of speech or the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." So, as the nation goes forth, the people get to weigh in on how the Congress should do its job.

As expected, individuals, companies, PACs, lobbyists, trade organizations and the like have chosen sides and there is a virtual First Amendment war of words over the alleged reforms. Each side is sure the other side's view will spell the end of American innovation. Each plainly ignores the fact that more U.S. patents now issue to foreign inventors than U.S. inventors, and many patents with U.S. corporate inventors are assigned to foreign parent companies. 

Many will point to the fact that the U.S. Patent and Trademark Office recently issued Patent Number 8,000,000 as proof that the current system is working. While the system is working in the sense that the PTO is doing its job, that is only one element of the whole patent system. The validity and enforceability of the patent is as critical as the issuance. In the present environment, there is huge uncertainty over issues as basic as what is patentable and how patents will be construed in the courts. The need for certainty in the patent world is critical. Everyone is reluctant to invest in innovation when the rewards are uncertain and the rules shift with the political winds.

Since the recent debt ceiling debate confirmed that the members of Congress will line upon the side of the First Amendment money that funds their campaigns, I predict that we will not get patent reform in a reasoned fashion. Instead, we will get the usual First Amendment blend of compromises that does little to add to the needed certainty.

Anthony S. Volpe is a founding partner of Volpe & Koenig. He can be reached at [email protected].

Fresh Ink: Inside Today's Legal

By Jaime Bochet
Of the Legal Staff

Welcome to your daily round-up of stories in today's edition of The Legal Intelligencer. Click the links below to access stories directly, or head to The Legal homepage.  (Some stories may require registration or a paid subscription.)

Topping today's front page, U.S. Courthouse Correspondent Shannon P. Duffy writes that a jury’s award of $10 million to three former Philadelphia police officers was properly slashed to just $900,000, a federal appeals court has ruled, because the plaintiffs had sued only under federal law which imposes a $300,000 cap on damages.

Below the fold, senior reporter Gina Passarella covers a case in which a Philadelphia judge has denied Duane Morris’ preliminary objections in a legal malpractice case brought against the firm by a local developer who alleges the asset protection plan the firm designed for his family led to part of their money being invested in feeder funds to Ponzi-schemer Bernard Madoff.

Our Page 3 Regional News story today is by Amaris Elliott-Engel, who writes that a Philadelphia jury awarded $3 million to the estate of a 19-year-old college student who died in the Hahnemann Hospital emergency room of heart failure.

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.

The Legal's contributed columns begin on Page 5, with our "Intellectual Property" column by Matthew A. Kelly III of Montgomery McCracken Walker & Rhodes: Christian Louboutin, famed creator of well-heeled shoes for well-heeled women, is seeing scarlet since a Manhattan judge recently denied his motion for a preliminary injunction that sought to prevent fashion house Yves Saint Laurent from using the color red on the soles of the shoes in its 2011 "Cruise Collection." Christian Louboutin S.A. et al. v. Yves Saint Laurent America Inc. et al.

Page 7 features a litigation article from our Houston affiliate, Texas Lawyer: All trial lawyers experience a degree of fear and trepidation when facing the prospect of cross-examining the sophisticated adverse expert — the head of surgery for a hospital, the author of an authoritative textbook or an airline's chief pilot, for example. But trial lawyers can offset an expert's superior knowledge, intellect and experience with meticulous preparation and a carefully formulated game plan.

Have questions or comments about any of today's stories, or our coverage as a whole? E-mail me or any of the reporters directly. We hope you'll enjoy today's Legal!

Jaime Bochet is the Magazines & Supplements Editor for The Legal. Follow her on Twitter at @JaimeBochetTLI or e-mail [email protected].

Fresh Ink: Inside Today's Legal

By Jaime Bochet
Of the Legal Staff

Welcome to your daily round-up of stories in today's edition of The Legal Intelligencer. Click the links below to access stories directly, or head to The Legal homepage. (Some stories may require registration or a paid subscription.)

U.S. Courthouse Correspondent Shannon Duffy shares the top of today's front page: More than 10 years after attorney Nicholas Panarella Jr. pleaded guilty to assisting state Sen. Joseph Loeper in a fraud scheme, a federal judge has vacated Panarella's conviction due to a recent decision from the U.S. Supreme Court that shows the conduct he confessed to was never a crime.

Also topping today’s front page, Charles Toutant from our sister publication, New Jersey Law Journal, writes that the 3rd U.S. Circuit Court of Appeals found Wednesday that doctors challenging President Obama’s health care plan had suffered no injury, and therefore lacked standing to sue.

Inside, on Page 3 in our Regional News section, reporter Amaris Elliott-Engel writes that the state Superior Court has ordered a new trial in a products liability case because a trial judge decided against re-charging jurors when they asked questions about their jury instructions.

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.

Our contributed articles begin with our Intellectual Property column by Paul F. Prestia of Ratner Prestia, who writes that China’s intellectual property regime has come of age.

On our weekly Young Lawyer page, we feature a column by anonymous columnist “The Rodent,” who writes for our Florida affiliate, the Daily Business Review. According to him, the nation’s law schools are producing too many lawyers!

Have questions or comments about any of today's stories, or our coverage as a whole? E-mail me or any of the reporters directly. We hope you'll enjoy today's Legal!

Jaime Bochet is the Magazines & Supplements Editor for The Legal. Follow her on Twitter at @JaimeBochetTLI or e-mail [email protected].