The Legal Intelligencer Blog

Jenkins Confirmed as Superior Court Judge

By Max Mitchell
Of the Legal Staff

Judge Patricia H. Jenkins, of the Delaware County Court of Common Pleas, has been nominated to the state Superior Court, Gov. Tom Corbett announced today.

Jenkins fills a vacancy on the Superior Court created when Correale F. Stevens, then its president judge, was elevated July 3 to a seat on the state Supreme Court. Stevens' term was set to expire in 2016. With the confirmation, the Superior Court will operate with a full complement.

“Judge Jenkins’ record of integrity will make her a great asset to the Superior Court of Pennsylvania,” Corbett said in a statement. “Her vast legal and judicial knowledge will serve all the people of Pennsylvania, and I want to thank the Senate for her confirmation.”

Jenkins was appointed to the Delaware County bench in February 1993, and was elected to her first full 10-year term in the fall of that year. During her tenure she presided over the high-profile murder case of John E. du Pont in 1996. Du Pont was convicted of third-degree murder and sentenced to 13 to 30 years in prison for shooting to death Olympic wrestler Dave Schultz.

Before becoming a judge, Jenkins worked as a partner at Kassab Archbold & O'Brien. She also worked as a professor of paralegal studies at both Widener University School of Law and Villanova University School of Law, where she taught litigation specialization and property law.

She was also married to former speaker of the Pennsylvania House of Representatives Matthew J. Ryan, who died in 2003.

"I thank Gov. Corbett for his nomination and look forward, upon confirmation, to the opportunity to serve Pennsylvania as judge for the Superior Court of Pennsylvania," Jenkins said in a statement when her nomination was announced.

Jenkins is expected to serve until the first Monday of January 2016.

Max Mitchell can be contacted at 215-557-2354 or [email protected] Follow him on Twitter @MMitchellTLI.

Superior Court Elects Bender Acting President Judge

By Zack Needles
Of the Legal Staff

The Pennsylvania Superior Court has elected Judge John T. Bender as its acting president judge, taking over for former President Judge Correale F. Stevens, who joined the state Supreme Court on July 30.

Bender was elected to the Superior Court in 2001 and won retention in 2011.

According to a press release sent out by the Administrative Office of Pennsylvania Courts today, Bender will serve as acting president judge until January 6 of next year, at which point the Superior Court will elect a president judge for a five-year term.

Zack Needles can be contacted at 215-557-2493 or [email protected] Follow him on Twitter @ZNeedlesTLI.

Fresh Ink: Inside Today's Legal

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

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

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

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

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

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

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

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

Fresh Ink: Inside Today's Legal

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

The top story this morning is the state Superior Court mulling the pre-emption of generic drug suits. As reporter Amaris Elliott-Engel writes, Judge Mary Jane Bowes asked during an oral argument session whether injured plaintiffs can sue no one if all brand-name pharmaceutical manufacturers withdraw from the market and only generic drugmakers are left.

Also above the fold on Page 1, reporter Saranac Hale Spencer writes that three nominees have been tapped by President Obama for federal judgeships in the Eastern District of Pennsylvania, but vacancies persist.

Below the fold on Page 1, Saranac Hale Spencer writes that a suit brought by the Roman Catholic Diocese of Pittsburgh arguing that the Patient Protection and Affordable Care Act infringed on its right to freedom of religion was dismissed by a federal judge.

In more Regional News on Page 3, Amaris Elliott-Engel writes that two more judges have challenged as unconstitutional the retirement provision that says they must leave the judiciary at the end of the year in which they turn 70.

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

In a Commercial Litigation column on Page 5, Jeffrey G. Weil and Michael J. Broadbent write about whether a choice of law is considered a waivable issue.

In this week’s Young Lawyer column on Page 7, the YL Editorial Board writes about whether there should be a penalty for ignoring an evacuation order.

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

Fresh Ink: Inside Today's Legal 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.

Superior Court Now Highlighting High-Profile Cases Online

By Zack Needles
Of the Legal Staff

In addition to the announcement of its plan to begin posting memorandum decisions, state Superior Court President Judge Correale F. Stevens said the court has also begun updating its website to provide easily accessible information on high-profile cases.

According to Stevens, AOPC communications manager Jim Koval first approached him with the idea and the court began seriously considering it after the Centre County Court of Common Pleas began doing something similar with the Jerry Sandusky case.

Stevens said the court will let both common sense and demand dictate which cases are highlighted.

If the prothonotary's office notices an influx of calls about a particular case, for example, the court will make all court documents related to the matter readily available on its website, according to Stevens.

The court will not be responsible for redacting any information from those documents, however, Stevens said.

Carl A. Solano, co-chair of Schnader Harrison Segal & Lewis' appellate practice group in Philadelphia, said that while this procedure is more likely to benefit the press and the public than it is attorneys, "any time the court gives out more information, it's a good thing."

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 Commonwealth Court Judge Robert Simpson blocking the Pennsylvania voter ID requirement for the next election. As reporter Saranac Hale Spencer writes, Simpson said he is “not still convinced in my predictive judgment that there will be no voter disenfranchisement arising” out of the requirement to show photo ID before casting a ballot.

Also above the fold on Page 1, reporter Ben Present writes that Mike McQueary has filed a defamation suit against Penn State tied to the Sandusky scandal. McQueary sued the university for $4 million under whistleblower, defamation and misrepresentation causes of action.

Below the fold on Page 1, reporter Amaris Elliott-Engel writes that a plaintiffs lawyer argued yesterday in front of the state Superior Court that a Philadelphia judge was wrong in entering a compulsory nonsuit in the first of 30 cases over allegations that brain cancers were caused by a carcinogen leaking from a chemical plant.

In more Regional News on Page 3, a subpoena of Google for the names of bloggers was ruled properly quashed.

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, Erika Brown Lee and Elaine Lawson write about compliance with anti-bribery and new data privacy regulations.

In an Intellectual Property column on Page 7, Paul F. Prestia and Thomas G. Southard write about the economics and logic of patent litigation versus review.

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 a federal judge in Pennsylvania putting a closely watched case involving the constitutionality of the Defense of Marriage Act and the survivors of a deceased Cozen O’Connor partner on the suspense docket. As reporter Gina Passarella writes, that effectively terminates the matter pending the outcome of other relevant cases.

Below the fold on Page 1, reporter Saranac Hale Spencer writes that a federal judge has imposed sanctions on lawyers for GMAC, the bank that acts as the financial-services arm of General Motors that is now called Ally Financial. The sanctions were requested by a pair of now-defunct car dealerships that had won a $4 million jury verdict in 2009 against the bank.

In more Regional News on Page 3, Gina Passarella writes that the Superior Court has denied a bus driver UIM benefits for a motor vehicle accident on the job.

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 Business of Law column on Page 5, Frank Michael D’Amore writes about meditation and its many benefits.

In a Real Estate Law column on Page 7, Alan Nochumson writes that the city of Philadelphia overstepped its bounds in pursuit of blight.

Today’s lead story in PLW is the Superior Court setting to begin posting unpublished memorandum opinions. As reporter Zack Needles writes, the court’s technology department is working on the matter and the goal is to start posting opinions by the end of the year or before then.

Below the fold on Page 1, reporter Ben Present writes that attorneys for Jerry Sandusky’s victims were angered by the court’s decision to release the victims’ names.

On Page 3, reporter Amaris Elliott-Engel writes that a workers’ compensation attorney has challenged the 20 percent cap on attorney fees.

There’s much more inside this week’s PLW, including Samuel C. Stretton’s Ethics Forum, in which he writes about lawyers who find themselves overextended; Matthew T. Mangino’s Criminal Practice column in which he writes about reducing prison population through sentence advocacy; and Leonard Deutchman’s Cyberlaw column, in which he writes that personal devices in the workplace provide legal and technical challenges.

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.)

This year’s Lawyers on the Fast Track supplement is also inside today’s paper, so be sure to give it a read.

The top story in today’s Legal is a preview of the return of the voter ID case to Commonwealth Court. As reporter Saranac Hale Spencer writes, the case is back in the hands of Judge Robert Simpson after the state Supreme Court remanded it to assess the actual availability of photo ID cards to Pennsylvania voters.

Also above the fold on Page 1, reporter Gina Passarella writes that a products liability trial alleging Johnson & Johnson illegally marketed the antipsychotic drug Risperdal for use by kid has opened in Philadelphia.

Below the fold on Page 1, reporter Zack Needles writes that Reed Smith has formed a strategic alliance with an Athens, Greece-based business law firm, Papapolitis & Papapolitis.

Also below the fold on Page 1, Saranac Hale Spencer writes that attorney Charles Naselsky was convicted Monday on charges related to a tax evasion scheme carried on while he worked as a real estate lawyer at Cozen O’Connor.

In a From the Chief column on Page 3, Hank Grezlak writes that the voter ID decision was one of the state Supreme Court’s finer moments.

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 U.S. Supreme Court column on Page 5, Stephen A. Miller writes the first in a two-part preview of the upcoming term.

In a Guest Commentary on Page 7, Robert L. Byer writes in a response to an editorial board column that possible split decisions are not related to party affiliation in the Supreme Court.

Today’s lead story in PLW is the Supreme Court vacating the reinstatement of a worker who was fired for sexually harassing his colleague. As reporter Ben Present writes, one lawyer involved in the case said it may mark the first time the high court has applied a public policy exception in vacating an arbitration award.

Below the fold on Page 1, Zack Needles writes that the Pennsylvania legal community might be becoming less forgiving of the disbarred.

On Page 3, Ben Present writes that a Superior Court panel declined to force a father to release his mental health records in a custody trial.

There’s much more inside this week’s PLW, including Samuel C. Stretton’s Ethics Forum, in which he writes that criticizing opposing counsel is a big mistake; Sean P. McCusker’s Family Law column on child support when a parent’s role is greatly diminished; and Cliff Rieders’ Politics column on the Supreme Court after Sebelius.

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 state Superior Court restoring a $180,000 verdict against a Philadelphia judge whom a jury found to have defrauded a former law client in the settlement of her personal injury claim. As reporter Amaris Elliott-Engel writes, the punitives damages award against Philadelphia Court of Common Pleas Judge Willis W. Berry Jr. had been remitted to $20,000, but was restored by a divided Superior Court.

Also above the fold on Page 1, reporter Saranac Hale Spencer writes that the Third Circuit has narrowed the circumstances under which plaintiffs may add new claims that relate back to the original complaint after the statute of limitations has run out.

Below the fold on Page 1, reporter Zack Needles writes that the state Supreme Court has agreed to hear arguments on whether or not communications between an attorney and his expert witness are discoverable.

In more Regional News on Page 3, Jeff Mordock writes that a federal judge has ruled the Delaware Court of Chancery’s arbitration program unconstitutional.

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 Immigration Law column on Page 5, Elise A. Fialkowski writes thate Pennsylvania has joined the growing number of states mandating E-Verify for state public works contractors.

In this week’s Young Lawyer column on Page 7, Taffie N. Jones writes about keeping clients by diversifying your practice.

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.