The Legal Intelligencer Blog

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 state Supreme Court retracting the medical malpractice remittitur rule. As reporter Amaris Elliott-Engel writes, following the rescinding of the rule under which trial courts could reduce noneconomic damages in med mal cases, attorneys said it would not change the area of law very much because trial judges are reluctant to reduce damages awarded by juries and because so-called runaway jury verdicts are rare.

Below the fold on Page 1, reporter Saranac Hale Spencer writes that Cabot Oil & Gas Corp. had a split week in gas rulings, winnings its motion to dismiss an amended complaint from a drilling company with which it had a contract, but losing its argument that plaintiffs should show a heavy burden of proof before starting discovery in a separate case.

In more Regional News on Page 3, reporter Gina Passarella writes that a delayed diagnosis of ovarian cancer has resulted in a nearly $2 million award form a 70-year-old terminally ill woman.

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 month’s Public Interest Page, Tomas Bednar writes about competence in representing clients with disabilities. 

This week’s Law Technology News Page covers when a trial technology upgrade is actually a downgrade because of complications with the new tech.

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 inside of today’s paper is this year’s GC Compensation supplement, analyzing the pay packages for the state’s top-paid general counsel and looking at say-on-pay’s effect two years later.

The top story in today’s Legal is the death of former U.S. Senator Arlen Specter. As reporter Amaris Elliott-Engel writes, lawyers said Specter was a legal giant who greatly shaped the federal judiciary in the state for more than three decades.

Below the fold on Page 1, reporter Saranac Hale Spencer writes that a company must turn over financial documents in a commercial suit regardless of its argument that some of them have “confidential financial information.”

In more Regional News on Page 3, Saranac Hale Spencer writes that a federal judge has ruled that most of the communication between a plaintiff and his former lawyer is covered by attorney-client privilege during the man’s deposition in a suit he filed against his business partners and their lawyer.

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 Legal Marketing column on Page 5, Stacy West Clark says if you want to be successful, create a personal brand.

In an Asset Management column on Page 7, Anthony B. Creamer III writes about greater scrutiny on fair value in financial reporting.

Today’s lead story in PLW is a preview of oral arguments beginning today. As reporter Ben Present writes, the slate includes landmark cases regarding text messages and the Marcellus Shale.

Below the fold on Page 1, Saranac Hale Spencer writes that legislative immunity bars a suit over the “Year of the Bible” proclamation made by members of the state House of Representatives.

On Page 3, Ben Present writes that SEPTA has been spared a subrogation lien by the Pennsylvania Supreme Court.

There’s much more inside this week’s PLW, including Samuel C. Stretton’s Ethics Forum, in which he writes about judges promoting books; Matthew Weisberg’s Professional Liability column about withdrawing as counsel while avoiding conflicts of interest; and David G. Mandelbaum’s Environmental Law column about institutional controls and pre-enforcement review in cleanup cases.

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

Fresh Ink: Inside Today's Legal

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

The top story this morning is a driller working in the Marcellus Shale accused of overbilling joint accounts it held with two other oil and gas drillers, as well as an investor. As Zack Needles writes, the suit alleges the company overbilled two accounts, one by more than $2 million and the other by more than $630,000, and then failed to fully reimburse the money.

Also above the fold on Page 1, reporter Amaris Elliott-Engel writes that the First Judicial District has made further changes to its current bail guidelines as the issue of gun violence becomes a bigger problem in Philadelphia.

Below the fold on Page 1, reporter Gina Passarella writes that a shaky first half of 2012 is causing a collections push for Pennsylvania firms.

In more Regional News on Page 3, Jeff Mordock writes that record-setting damages and fees have been affirmed in a Delaware shareholders suit, totaling $2 billion in damages and $304 million awarded to plaintiffs counsel.

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, David Koller writes about his perspective on how his wife views his shingle hanging experience.

In an Asset Management column on Page 7, David B. Bruckman and Bradley P. Pike write about master limited partnerships and the search for yield.

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.

Manko Gold Opens Central Pa. Office Despite Region’s Drilling Lull

By Zack Needles
Of the Legal Staff

Bala Cynwyd, Pa.-based environmental, energy and land use firm Manko, Gold, Katcher & Fox has opened a new office in Williamsport, Pa., with an eye toward better serving its North Central Pennsylvania client base, which has grown in conjunction with the rise of the natural gas industry in the region.

While oil and gas operations in the region have been active since the Marcellus Shale play began picking up steam a few years ago, the decision to open in North Central Pennsylvania comes at a time when many companies are moving their rigs to Southwestern Pennsylvania and Ohio, where there exists more valuable “wet” gas – a combination of methane and other components such as propane, benzenes and ethane.

Northern Pennsylvania, meanwhile, has a higher concentration of “dry” gas, which is almost pure methane and, as a result, is currently worth less on the market than wet gas.

But firm partner Marc E. Gold said that while the firm is well aware of current market trends, there’s still plenty of work to be done in Central Pennsylvania involving development stemming from the oil and gas industry.

According to Gold, the firm has recently been involved in several brownfields redevelopment projects in which land in the region has been prepared for the construction of office buildings to serve the oil and gas industry.

Meanwhile, the transportation and housing industries in the region have also experienced a spike recently as a result of the oil and gas industry.

“If you look at any statistics from the Chamber of Commerce for Williamsport, you can see it’s just been a booming area,” Gold said, adding, “While we’d love for it to be vibrant and for the natural gas industry to be chugging along [in the region], if, for the moment, it’s not, that doesn’t deter us from thinking we can open a practice up there.”

Although, at least for the time being, there will be no lawyers stationed in the office on a full-time basis, Gold said he and his Manko Gold partners Todd D. Kantorczyk, Jonathan E. Rinde, Michael M. Meloy and Michael C. Gross will be splitting their time between Williamsport and Bala Cynwyd.

Gold said the firm would not rule out the possibility of adding full-time attorneys to the office, but its immediate goal is to establish a presence in the region and to serve its existing clients there.

“We have clients in the area – both natural gas clients and other clients – and, given the activity up in that region, we thought it was better to be closer to where the business is,” Gold said, adding that the firm also wanted to be near the state Department of Environmental Protection’s Northcentral Regional Office, which is based in Williamsport.

Fresh Ink: Inside Today's Legal

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

The top story this morning is Kentucky firm Stoll Keenon Ogden opening a Western Pennsylvania office with a focus on oil and gas. As reporter Zack Needles writes, the office will be in the Southpointe business park in Washington County, Pa., led by member David H. Thomason, who has more than 45 years of experience in mineral law.

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

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

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

As always, our People in the News section is on Page 2, and the top stories from our sister publications across the country make up the Page 4 National News section.

In an Employment Law column on Page 5, Sid Steinberg writes that the use of dated bases for termination has been upheld in an age bias case.

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

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

Fresh Ink: Inside Today's Legal

Welcome to your 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.

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 state Superior Court reviving a $500 million malpractice claim against K&L Gates. As reporter Gina Passarella writes, K&L Gates and accounting firm Pascarella & Wiker are being sued for allegedly failing to detect fraudulent activity at the now bankrupt Le-Nature’s when they conducted an internal investigation years before the bankruptcy.

Also above the fold on Page 1, Gina Passarella writes that Cozen O’Connor is seeking to reopen a discontinued lawsuit filed against it by former Wolf Block lawyers.

Below the fold on Page 1, reporter Zack Needles writes that the state Supreme Court has agreed to hear arguments in a case regarding whether attorney-client privilege protects clients’ identities from being made public.

In more Regional News on Page 3, reporter Jeff Mordock writes that Eckert Seamans Cherin & Mellott has added nine attorneys to its Wilmington, Del., office.

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 Professional Conduct column on Page 5, David B. Picker writes about a potential new duty to preserve pre-closing transaction documents.

In an Environmental Law column on Page 7, Thomas J. Farnan writes that a case regarding the definition of “mineral” could have a big impact on shale.

Today’s lead story in PLW is the state Supreme Court holding oral arguments last week in a case balancing the Coroner’s Act with the Right-to-Know Law. As reporter Ben Present writes, a media company was prohibited from immediately looking at a coroner’s autopsy reporter to find out the manner in which a Pennsylvania college student died and was appealing the issue.

Below the fold on Page 1, Ben Present writes that the Supreme Court will take up will-contest proceeds in a divorce case in a case of first impression.

On Page 3, Ben Present writes that the Supreme Court justices heard oral arguments regarding whether retirement packages block unemployment benefits.

There’s much more inside this week’s PLW, including Samuel C. Stretton’s Ethics Forum, in which he writes that veteran lawyers often face more disciplinary action than younger ones; William F. Kerry Jr.’s Municipal Law commentary, in which he writes that the Pa. real estate tax structure presents dilemmas for municipal officials; and Jeff Jubelirer’s Public Relations commentary, in which he writes that PR should be done by your employees, not just outside assistants.

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.

En Banc Commonwealth Court Panel Will Hear Arguments on Act 13

By Zack Needles
Of the Legal Staff

The Commonwealth Court has agreed to hear oral arguments on the constitutionality of Act 13 in Harrisburg in June and counsel for a number of oil and gas operators and industry organizations will be allowed to weigh in.

The court issued a one-page per curiam order on May 9, granting state Attorney General Linda Kelly’s petition for expedited en banc argument as well as the application for amici curiae filed by the Pennsylvania Oil & Gas Association, the Marcellus Shale Coalition, MarkWest Liberty Midstream and Resources, Penneco Oil Co. and Chesapeake Appalachia.

Per the order, the Act 13 arguments will be first on the list when the oral arguments session kicks off in Harrisburg on June 4 and the industry representatives will be allowed to argue for a total of five minutes.

Kelly had argued in her petition, filed May 4, that “the present case involves important questions of public policy which should be addressed as quickly as possible.”

“The commonwealth is presently prevented from fully implementing Act 13, an important law enacted by the legislature for the benefit of Pennsylvania’s citizens,” the petition said. “The interest of the citizens of Pennsylvania in establishing new standards for the environment and providing for the ordered development of the oil and gas industry will be negatively affected by delaying the resolution of constitutional issues raised by [the plaintiffs].”

You can read more about the underlying suit here.

PUC and DEP Appeal Act 13 Injunction Order to Supreme Court

By Zack Needles
Of the Legal Staff

The Pennsylvania Public Utility Commission and the state Department of Environmental Protection have appealed to the state Supreme Court from a Commonwealth Court judge’s order that placed a temporary injunction on the zoning portions of Act 13 as well as from a subsequent order in which the judge refused to modify the terms of the injunction.

The PUC had filed a petition on April 25 asking Keith Quigley, a visiting judge on the Commonwealth Court, to modify his April 11 injunction order to clarify whether the delay enjoins the agency from reviewing existing zoning ordinances to determine whether they violate either the Municipalities Planning Code or Act 13.

The plaintiff municipalities, however, had responded that the order clearly prohibits such review until the injunction is lifted.

Quigley filed a one-page order on April 27 denying the PUC’s petition.

On Thursday, the PUC and DEP filed a notice of appeal and a jurisdictional statement, asking the Supreme Court to determine whether the plaintiff municipalities had established both a likelihood that they would succeed on the merits and that they had suffered “irreparable harm” sufficient for a preliminary injunction to be granted.

The PUC and DEP have also asked the justices to determine whether Quigley should have modified his April 11 order “where the reach and scope of the preliminary jurisdiction is unclear and has created uncertainties as to the state of Act 13.”

You can read more about the April 11 injunction order, the PUC’s subsequent request to modify the order and the underlying suit here.

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 look at Pennsylvania firms and how they fared in the latest Am Law 100 rankings. As reporter Gina Passarella writes, the same nine firms appeared as did last year, and none were able to move up the list. Morgan, Lewis & Bockius and Reed Smith were the only Pa. firms to maintain their rankings, while the other seven slipped down the charts.

Also above the fold on Page 1, reporter Ben Present writes that a request for proposal is schedule to go online today giving lawyers the opportunity to bid on a deal potentially worth $1.85 billion that would privatize Philadelphia Gas Works. PGW is one of the last municipally owned utilities in the country and the largest of its kind, with more than half a million customers.

Below the fold on Page 1, Gina Passarella writes that a federal judge has denied a motion for sanctions a former Elliott Greenleaf partner filed against the firm for alleging in a complaint that he misused escrow funds. This is the latest chapter in the ongoing battle between Elliott Greenleaf and Stevens & Lee, the firm the partner, William R. Balaban, moved to.

Also below the fold on Page 1, reporter Amaris Elliott-Engel writes that the Nutter administration has agreed to pay counsel fees directly, as per the First Judicial District’s request.

In more Regional News on Page 3, reporter Zack Needles writes that a West Virginia firm, Jackson Kelly, has merged with Western Pennsylvania energy boutique Gormly Gormly & Yuhas.

Also on Page 3, a judge has trimmed the claims in an egg price-fixing class action suit in the Eastern District of Pennsylvania.

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 Law Technology page, social media can give firms an inside voice and LexisNexis has debuted e-book software for law libraries.

In a Family Law column on Page 7, Andrew D. Taylor writes about the relocation provision of the new Child Custody Act and how it will be handled going forward.

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.