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 an internal report of the Philadelphia Traffic Court showing that cases are routinely fixed. As reporter Amaris Elliott-Engel writes, the report showed that both elected Traffic Court judges and senior judges assigned to the court “routinely entertained and acted upon extrajudicial, ex parte requests for favorable treatment of traffic violators from sources within the Traffic Court and sources external to its operation.”

Below the fold on Page 1, reporter Saranac Hale Spencer writes that William Rullo, who stole nearly $400,000 from the First Judicial District while he worked there as a procurement technician, was sentenced to 33 months in prison.

In more Regional News on Page 3, Jeff Mordock writes that Delaware Governor Jack Markell’s chief of staff, Thomas McGonigle, is set to join Drinker Biddle & Reath next month. He will manage the firm’s Wilmington, Del., office. Also on Page 3, Penn State’s law campuses will be separated into two schools.

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 Law Technology News page, Judy Selby writes about protecting against the risk of data breaches.

In the Public Interest page, David Lapp writes that charter school reform must protect vulnerable students.

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 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

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

The top story this morning is a Philadelphia judge rejecting a motion for reconsideration by a defense attorney, who the judge found should be sanctioned for contacting the employer of a plaintiff’s expert witness in a medical malpractice case, to have opposing counsel also sanctioned. As reporter Amaris Elliott-Engel writes, the exact sanctions are still to be determined.

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

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

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

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

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

In a Law Technology News column on Page 7, Scott Vernick and Peter Buckley write about getting court approval for predictive coding. If you have questions or comments about any of today's stories, or our coverage as a whole, we invite you to e-mail any of the reporters directly. We hope you'll enjoy today's Legal.

 

Fresh Ink: Inside Today's Legal

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 Pennsylvania Superior Court upholding a $10.4 million judgment in a hormone-replacement therapy case, as reporter Amaris Elliott-Engel writes.

Also above the fold on Page 1, reporter Saranac Hale Spencer writes that claims against HSBC Mortgage Corp. regarding its practice of force placing insurance on borrowers who hadn’t maintained sufficient property insurance have been tossed by a federal judge, but claims for breach of contract have been allowed to survive.

Below the fold on Page 1, reporter Gina Passarella writes that State Farm doesn’t want to defend Jerry Sandusky in civil and criminal cases.

Also below the fold on Page 1, Amaris Elliott-Engel writes that a settlement dispute in Behren v. Comcast came about after the U.S. Supreme Court granted certiorari to hear the case.

In more Regional News on Page 3, Saranac Hale Spencer writes that a $17.5 million verdict against the Veterans Affairs hospital in Philadelphia stands after a Third Circuit order 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 the Public Interest Page, Carol E. Tracy, Terry L. Fromson and Amal Bass write about the impact of the Affordable Care Act on women in Pennsylvania.

In the Law Technology News column on Page 7, David Snow writes about a survey conducted by ALM Legal Intelligence that shows a slow adoption of alternative fee arrangements.

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 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 reporter Zack Needles’ look at what happens when name partners leave small and midsized firms. Maintain internal stability and proper communication are key to moving forward successfully.

Also above the fold on Page 1, reporter Gina Passarella writes that the state Superior Court has ruled a law firm can be bound by a fee agreement a lateral partner made with his former firm. The ruling came in a case in which Keith Erbstein signed an agreement with the Beasley Firm that gave that firm 75 percent of fees in any case Erbstein took with him when he left the firm.

Below the fold on Page 1, Zack Needles writes that a Philadelphia jury has issued a $6.4 million verdict in a wrongful death medical malpractice case.

Also below the fold on Page 1, reporter Amaris Elliott-Engel writes that deliberations continued in the priest sex-abuse case.

In more Regional News on Page 3, reporter Saranac Hale Spencer writes that a federal judge deferred to an arbitration panel in the Bear Stearns case.

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.

On the Law Technology News page, John Edwards writes tips for attorneys on detecting Photoshop fraud.

On the Public Interest page, Mary Anne Lucey writes that Chapter 7 bankruptcy is a powerful legal tool for the poor.

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

Fresh Ink: Inside Today's Legal

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

The top story this morning is a 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 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 judge siding with the Catholic Archdiocese of Philadelphia on the attorney-client privilege issue regarding 12 communications between outside counsel hired by the archdiocese and the former secretary of clergy charged with endangering the welfare of children allegedly abused by priests he supervised. As reporter Amaris Elliott-Engel writes, Philadelphia Common Pleas Court Judge M. Teresa Sarmina said during the last pretrial hearing before the trial opens today that she doesn’t see how defendant Monsignor William J. Lynn’s attorneys can establish that he sought counsel personally and separately from the interests of the archdiocese.

Also above the fold on Page 1, reporter Zack Needles writes that a federal judge has denied an oil and gas trade group’s petition to hold the U.S. Forest Service in contempt for allegedly delaying drilling projects.

Below the fold on Page 1, Zack Needles writes that a Philadelphia jury has awarded more than $3 million to a woman whose colon cancer went undiagnosed for nearly two years.

In more Regional News on Page 3, the 3rd U.S. Circuit Court of Appeals has ruled that admission into a pretrial intervention program bars defendants from bringing a federal civil rights suit over the underlying events of their arrest.

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.

On Page 5 today is the Public Interest Page, as Lawrence Szmulowicz writes that the courts are showing a reluctance to protect victims of stalking.

In a Health Care Law column on Page 7, Vasilios J. Kalogredis and Karilynn Bayus write about the 3rd Circuit’s recent opinion on a physician’s employment contract dispute.

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

Fresh Ink: Inside Today's Legal

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

The top story this morning is a class action against HSBC that has settled for $23.5 million. As reporter Gina Passarella writes, the plaintiffs brought the suit against the credit card issuer over the company’s payment protection plan for its users.

Below the fold on Page 1, reporter Zack Needles writes that a Bucks County jury has awarded $3.6 million to a developer that claimed a bank breached its contract when it reneged on a $12.3 million loan for a retail and office complex. The 11-member jury returned a unanimous verdict in favor of the plaintiff on Feb. 10, following a two-week trial and about two hours of deliberation.

In more Regional News on Page 3, reporter Jeff Mordock writes that e-discovery litigator Kevin F. Brady has left the Wilmington, Del., office of Connolly Bove Lodge & Hutz to join Eckert Seamans Cherin & Mellott. Brady will focus on corporate litigation, e-disovery issues, environmental insurance coverage litigation and director and officer insurance coverage litigation.

Also on Page 3, reporter Amaris Elliott-Engel writes that the First Judicial District’s electronic filing system is slated to become available to the public online today.

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.

On Page 5, the Editorial Board writes that, having been acquitted of murder, William J. Barnes should be released from prison. Barnes shot a Philadelphia police officer in 1966 and when the officer died in 2007, the district attorney charged Barnes with murder.

In a Public Interest column on Page 7, Mark S. Schwartz, Judy F. Berkman and Margaret Henn write that pre-condemnation municipal liens are causing problems for homebuyers. Page 7 also features the public interest calendar of events.

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.