The Legal Intelligencer Blog

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 lead story in PLW is a look at the effect Justice Joan Orie Melvin’s suspension will have on the state Supreme Court. As reporters Zack Needles and Ben Present write, the high court might have lost its tiebreaker based on a study of cases over the past two years.

Below the fold on Page 1, Ben Present writes that new juvenile rules aim to protect confidentiality.

On Page 3, Ben Present writes that the Commonwealth Court has ruled there is no benefits exception for “funded” employment.

There’s much more inside this week’s PLW, including Samuel C. Stretton’s Ethics Forum, in which he writes about lawyers drafting pleadings without signing their names; Sam Pond and Allison Wheeler’s Workers’ Compensation commentary on the real goal behind eliminating administrative burdens; and Shira J. Goodman and Lynn A. Marks’ Judiciary commentary on why sufficient funding and willing citizens are critical to the courts.

The top story in today’s Legal is Dechert’s products liability and mass torts group no longer serving as the king of the firm’s litigation focus. As reporter Gina Passarella writes, the firm has lost at least five products liability partners since last year and has adjusted its focus in some ways.

Below the fold on Page 1, reporter Saranac Hale Spencer writes that the U.S. Court of Appeals for the Third Circuit sympathized with Blank Rome and another law firm in a document battle between a defunct corporation and the government, which is seeking hundreds of allegedly privileged documents being held by Blank Rome. The company tried to appeal a district court order granting the government’s request for the documents, but was ultimately dismissed, although a split three-judge panel took a sympathetic view of the position the law firms were in.

In more Regional News on Page 3, reporter Zack Needles writes that the state Supreme Court justices have agreed to hear arguments on whether medical malpractice defendants may rely on an “error in judgment” defense at trial.

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 the dilemma of recovering costs in an overpayment victory.

In an Intellectual Property column on Page 7, Paul F. Prestia and Antranig Baronian write that patent clearance opinions are still important and still relevant.

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 an analysis of the suspension of state Supreme Court Justice Joan Orie Melvin. As reporters Zack Needles and Ben Present write, observers say that the suspension creates a less effective bench.

Also above the fold on Page 1, reporter Gina Passarella writes that Pennsylvania firms are raising rates more than any other region in the country, but aren’t raising revenue, according to a flash report by Citi Private Bank Law Firm Group.

Below the fold on Page 1, reporter Saranac Hale Spencer writes that a federal judge has ruled that a waiver of underinsured motorist benefits carries forward to vehicles added to an existing policy.

In more Regional News on Page 3, Gina Passarella writes that class action firm Cohen Milstein Sellers & Toll has reopened in Philadelphia with a qui tam group and the hire of three Berger & Montague attorneys.

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 Litigation column on Page 5, Charles F. Forer writes about illusory arbitration agreements.

In a Bankruptcy Update on Page 7, Rudolph J. Di Massa Jr. and Aaron J. Margolis writes that the justices are split over cramdown plans precluding credit bidding.

Today’s lead story in PLW is a look at state Supreme Court Justice Thomas G. Saylor’s disposition for dissent. As Ben Present writes, Saylor is the court’s most frequent dissenter by a wide margin.

Below the fold on Page 1, Zack Needles writes that the high court will mull the scope of the state Board of Claims’ jurisdiction.

On Page 3, Zack Needles writes that the Commonwealth Court has ruled that the operation of a compressor station falls within the definition of “gas production.”

There’s much more inside this week’s PLW, including Samuel C. Stretton’s Ethics Forum, in which he writes about lawyers maintaining copies of clients’ wills; Daniel E. Cummins’ Litigation column, in which he writes about five common mistakes to avoid during deposition; and David Mandelbaum’s Environmental Law column, in which he wonders where environmental justice currently stands.

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 Buchanan Ingersoll & Rooney acquiring seven-lawyer litigation boutique Manion McDonough & Lucas in Pittsburgh. As reporter Gina Passarella writes, Buchanan Ingersoll said the group’s addition brings the firm’s litigation practice to about 115 attorneys, or about one quarter of its total headcount.

Also above the fold on Page 1, reporter Amaris Elliott-Engel writes that the co-defendants in the Catholic Archdiocese sex-abuse trial have been acquitted of one conspiracy charge.

Below the fold on Page 1, reporter Zack Needles writes that Eckert Seamans Cherin & Mellott has announced Heidi B. Hamman Shakely as the new chair of its board of directors, the first time in the firm’s 54-year history that a woman has led the board.

In more Regional News on Page 3, reporter Saranac Hale Spencer writes that a federal judge has overruled objections to a plan to repay victims of a Ponzi scheme.

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, Judy Weintraub and Harrie Samaras write about how to approach a preliminary meeting.

In a Commentary on Page 7, Douglas S. Lavine writes about the perils of overidentifying with your client’s emotions.

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 Morgan Lewis and Pepper Hamilton beefing up their bicoastal financial practices with lateral hires from New York-based Dewey & LeBoeuf. As reporter Zack Needles writes, Pepper Hamilton plans to open a Los Angeles office with Gary Apfel, former co-chairman of Dewey’s consumer financial services group. Morgan Lewis brought aboard a five-lawyer finance group led by Marshall Stoddard.

Below the fold on Page 1, reporter Saranac Hale Spencer writes that a federal judge denied SAP’s motion for summary judgment in a patent infringement suit against the software giant in which, he stated in his opinion, there could be a billion dollars at stake.

Also below the fold on Page 1, reporter Gina Passarella writes that a defense attorney for accused priest James J. Brennan questioned canonical trial procedures yesterday in the Catholic Archdiocese of Philadelphia sex-abuse trial.

In more Regional News on Page 3, reporter Ben Present has an analysis of the legal work that will be done in the deal for Philadelphia Gas Works, which attorneys said will not be a run-of-the-mill deal.

Also on Page 3, Saranac Hale Spencer writes that the ACLU has announced a challenge to the Pennsylvania voter ID mandate.

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 Litigation column on Page 5, William E. Harris writes about the decision to hire or not hire an expert on damages.

In a Business of Law column on Page 7, Frank Michael D’Amore asks if a fear of success is holding back your professional development.

Today’s lead story in PLW is Ben Present’s look at the state Supreme Court’s work in 2011, a year in which the court increased its published opinions.

Below the fold on Page 1, Zack Needles writes that a judge has rejected a settlement between Monroeville, Pa.-based Parkvale Financial corp. and its shareholders, saying the agreement would benefit no one but the defendant Parkvale directors and the plaintiffs’ attorneys.

On Page 3, Ben Present writes that a judge has tested in loco parentis against the new Child Custody Act.

There’s much more inside this week’s PLW, including Samuel C. Stretton’s Ethics Forum, in which he says Pennsylvania is experiencing an indigent defense crisis; Brandon Swartz’s Personal Injury commentary, in which he writes about cross-examining defense vocational experts; a ruling that left a resident with no place to appeal a zoning decision; and David Mandelbaum’s Environmental Law commentary, in which he writes about pre-emption and natural gas development.

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.

Litigation Department of the Year Winners

By Ben Seal
Of the Legal Staff

Nearly six months ago, we asked law firms across the state to tell us what makes their litigation departments the best. Following the example set by Legal affiliate The American Lawyer’s Litigation Department of the Year, we wanted to conduct the same competition but keep the focus on Pennsylvania attorneys. It was the first time we had gone through this process and we weren’t sure just what to expect, but the submissions we received were impressive across the board.

We asked law firms to share with us the big victories and important cases that demonstrate why clients choose them when litigation is on the table. The work submitted was done in Pennsylvania and throughout the rest of the country and abroad. The key, though, was that it was done primarily by Pennsylvania lawyers, showcasing the talented litigators at work in the commonwealth. We had difficult decisions to make in each category as we chose our winners, as it was a truly competitive field.

Each of the winners and finalists will be profiled in our Litigation Departments of the Year supplement, which is scheduled for publication on June 26. Thank you to all the firms that submitted their work for the competition, and we look forward to reading them when we next conduct this process.

An event will be held Oct. 4 to honor the winners. For more information, contact Diane McCollum at [email protected] or 215-557-2335.

General Litigation (Large Firms)

Winner: Morgan, Lewis & Bockius

Finalist: DLA Piper

Finalist: Cozen O’Connor

General Litigation (Midsize Firms)

Winner: Hangley Aronchick Segal Pudlin & Schiller

Finalist: Meyer, Unkovic & Scott

Intellectual Property

Winner: Reed Smith

Products Liability/Mass Torts

Winner: Pepper Hamilton

Labor and Employment

Winner: Morgan, Lewis & Bockius

Finalist: Salmanson Goldshaw

Insurance

Winner: Reed Smith

Medical Malpractice

Winner: Marshall Dennehey Warner Coleman & Goggin

Class Action

Winner: Kessler Topaz Meltzer & Check

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 judge barring drillers and lawmakers from intervening in an Act 13 lawsuit tied to the Marcellus Shale. As reporter Zack Needles writes, the suit filed by seven Pennsylvania municipalities and the Delaware Riverkeeper Network alleges the recent zoning-related amendments to the state’s Oil and Gas Act are unconstitutional. Commonwealth Judge Keith B. Quigley wrote in the opinion for Robinson Township v. Commonwealth that the oil and gas industry’s interests should not be a factor in the case.

Also above the fold on Page 1, Zack Needles writes that Nelson Levine de Luca & Horst co-founder Robert T. Horst has joined Bucks County firm Curtin & Heefner. Horst will focus his practice on first-party property bad-faith work.

Below the fold on Page 1, reporter Gina Passarella writes that the state Supreme Court has directed the Superior Court to address whether judicial orders are hearsay in another case. In the case, Castellani v. The Scranton Times, the plaintiffs want to admit as evidence in a defamation suit the orders issued by supervising judges of a grand jury regarding an alleged leak. The newspaper reported on the grand jury testimony.

In more Regional News on Page 3, reporter Amaris Elliott-Engel writes that a Montgomery County Common Pleas judge has suggested a good-faith exception should be crafted for warrantless GPS tracking in the wake of a recent U.S. Supreme Court ruling.

Also on Page 3, Amaris Elliott-Engel writes that a West Virginia judge has ordered a priest who presided over the canonical trial of his colleague to appear as a witness in the Catholic Archdiocese of Philadelphia sex-abuse 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 the Public Interest page on Page 5, Judith Bernstein-Baker and Margaret Niebler shine a spotlight on immigrant youth advocacy and Kelly Darr writes that the state’s cut to services undermines the welfare of citizens with disabilities.

In a Litigation column on Page 7, Grant S. Palmer and Michael A. Iannucci write about attorney fees and Rule 68, which they say is a trap for the unwary.

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.

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.)

Today’s top story is a look at Philadelphia jury verdicts in 2011, which dropped 31 percent on average. As reporter Amaris Elliott-Engel writes, the average civil jury verdict in Philadelphia Common Pleas Court fell from $1.49 million in 2010 to $1.02 million last year, according to First Judicial District statistics.

Below the fold on Page 1, reporter Saranac Hale Spencer writes that antitrust and monopoly claims have been narrowed in a suit filed nearly 10 years ago against Comcast, allowing the allegations to proceed, according to a federal judge’s ruling last week.

Also below the fold on Page 1, Amaris Elliott-Engel writes that Dow Chemical Co. was denied in its effort to block a plaintiff’s subpoena in a brain cancer case. The state Supreme Court ruled to allow the subpoena, which would allow plaintiffs counsel to explore whether Dow and its predecessor, Union Carbide, failed to report the existence of employees with brain cancer who worked in their plants producing the toxic chemical vinyl chloride.

In more Regional News on Page 3, Saranac Hale Spencer writes that a federal statute trumps state jurisdiction in a bank fees case, according to a federal judge’s ruling last week.

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 White-Collar Law column on Page 5, Peter D. Hardy and Abraham Rein write that changes may be coming to corporations’ federal sentencing.

In a Litigation column on Page 7, Abraham J. Gafni writes about pretrial discovery from non-parties in arbitration under state law.

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 an analysis of the effect state Sen. Jane Orie’s conviction might have on her sister, state Supreme Court Justice Joan Orie Melvin. As reporter Ben Present writes, Orie’s verdict Monday, in which she was found guilty on 14 of 24 corruption charges, does little to settle the fate of Orie Melvin, according to some legal observers. The larger issue for Orie Melvin might be her other sister, Janine Orie, whom the state hit with two rounds of corruption charges.

Also above the fold on Page 1, reporter Saranac Hale Spencer writes that the 3rd U.S. Circuit Court of Appeals has ruled that workers can bring claims against their employers under both federal collective actions and state law class actions simultaneously.

Below the fold on Page 1, reporter Zack Needles writes that the state Supreme Court has defined the term “in paying quantities,” and attorneys believe it will have wide-reaching applicability for oil and gas companies. The court ruled that wells that are operated sporadically and don’t consistently turn a profit can still be considered to be producing in paying quantities as long as the operator has maintained the well in good faith.

In more Regional News on Page 3, Saranac Hale Spencer writes that a federal judge is allowing a private racketeering claim to proceed against a bank and payment processors involved with telemarketing schemes under the Racketeer Influenced and Corrupt Organizations Act (RICO).

Also on Page 3, insurance firm Nelson Levine de Luca & Horst announced plans to open a Washington, D.C., office.

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, Harrie Samaras and Judy Weintraub write about 10 ways to introduce mediation to opposing counsel.

In this week’s GC Mid-Atlantic column on Page 7, Erica Smith-Klocek, Lisa Dykstra and Tara Lawler write about what should be considered when deciding to issue a litigation hold.

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.)

Also inside today’s paper is the Pro Bono supplement, so be sure to give that a read.

The top story in today’s Legal is the opening of the Catholic Archdiocese of Philadelphia sex-abuse trial. As reporter Amaris Elliott-Engel writes, prosecutors Monday said that one of the two remaining defendants, Monsignor William J. Lynn, had three responsibilities: protecting the church, children and privacy of priests, but chose to protect the church. “Unfortunately, all three of those roles are mutually exclusive,” said prosecutor Jacqueline Coelho in her opening argument.

Also above the fold on Page 1, reporter Saranac Hale Spencer writes that a lawsuit against LexisNexis over background checks has been allowed to proceed by a federal judge. The suit is a class action stemming from claims that LexisNexis deemed the plaintiffs “noncompetitive” during background checks and the prospective workers didn’t have a chance to respond.

Below the fold on Page 1, reporters Zack Needles and Ben Present write that Lackawanna County Common Pleas Court Judge Trish Corbett explained that she refused to remove Lackawanna County guardian ad litem Danielle M. Ross from a custody case after an attorney raised concerns about media reports of a federal investigation into the county’s guardian ad litem program because she felt to do so would have been “premature.”

In more Regional News on Page 3, reporter Gina Passarella writes that pharmacy records are governed by the Medical Records Act and pharmacists are considered health care providers for purposes of the act, according to a Superior Court ruling that overturned and Allegheny County Common Pleas Court judge who compared pharmacists to yoga instructors rather than medical providers.

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 Commentary on Page 5, Walter M. Phillips Jr. and Doug Moak write that one way to deal with Philadelphia’s high fugitive rate (more than 30 percent of criminal defendants fail to appear in court) is to use trial in absentia.

In a Legal Marketing column on Page 7, Kimberly Alford Rice writes about the importance of following up when networking and trying to build business.

Today’s lead story in PLW is a look at the Marcellus Shale play, where small firms say that expertise is more important than size. As Zack Needles writes, some believe that the only way to handle the amount of work coming from major drillers is to have a huge staff, but the depth of knowledge of the area that some smaller firms offer can give them the advantage.

Below the fold on Page 1, Amaris Elliott-Engel writes that prosecutors are opposing a bill to expand innocence claims. The state Senate bill would expand chance for people who say they have been wrongfully convicted of crimes to raise their innocence claims, and backers say current law doesn’t always provide adequate means to do so. But the Pennsylvania District Attorneys Association and Gov. Tom Corbett oppose it.

On Page 3, Ben Present writes that financial discovery was denied in the case of a collapsing sidewalk, but the judge left open the possibility of punitive damages if the injured man amends his complaint.

There’s much more inside this week’s PLW, including Samuel C. Stretton’s Ethics Forum, in which he discusses asking a witness if another witness is lying; Jeff Jubelirer’s column on Public Relations, in which he discusses how to utilize social media; a panel deciding that a builder’s deceptive statement makes him personally liable; Sean Connolly’s column on State Government and the double standard existing against conservatives; and Daniel E. Cummins’ Civil Practice column on UM/UIM rejection form language.

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.