The Legal Intelligencer Blog

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 an Eastern District judge certifying a class of third-party purchasers who allege that GlaxoSmithKline filed “sham” citizen petitions with the Food and Drug Administration that kept generic versions of its nasal spray Flonase off the market for two years. As reporter Saranac Hale Spencer writes, the class was narrowed to only those who purchased the generic equivalent after it became available and those who purchased Flonase in one of four states.

Below the fold on Page 1, reporter Amaris Elliott-Engel writes that Obermayer Rebmann is arguing in support of its cross-claims against former partner Jeffrey B. Rotwitt regarding the legal malpractice lawsuit over a new family courthouse. The firm says that Rotwitt acted outside of his written partnership agreement.

In more Regional News on Page 3, Saranac Hale Spencer writes that an instruction to a federal jury to consider “mixed motivations” in the beating death of a Hispanic man was proper, the Third Circuit has ruled.

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, William A. Stock writes about whether ensuring compliance is also discouraging international students.

This week’s GC Mid-Atlantic is on Page 7, discussing why advertisements may be dangerous to your company’s wealth.

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 U.S. Supreme Court again rejecting a holding of the U.S. Court of Appeals for the Third Circuit in a habeas case. As reporter Saranac Hale Spencer writes, some legal observers see a trend developing with the high court, as it has been routinely reversing circuit courts in habeas cases, often invoking the Antiterrorism and Effective Death Penalty Act.

Below the fold on Page 1, reporter Amaris Elliott-Engel writes that the Montgomery County Court of Common Pleas has reduced its backlog of cases waiting to be tried by around 35 percent since Jan. 1. There had been more than 500 cases awaiting trial at that point, but now there are only 321 remaining.

In more Regional News on Page 3, reporter Gina Passarella writes that the state Supreme Court has denied Wolf Block’s appeal in a severance suit brought by a former partner who wants his pay.

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, Denis James Lawler, Daphne Goldman and Mackenzie W. Smith write about attorney-client privilege, asking if there is a fiduciary exception.

In this week’s Law Technology News page, Craig Ball writes about 10 bonehead e-discovery search mistakes.

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

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

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

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

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

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

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

In this week’s GC Mid-Atlantic column on Page 5, Gina Ameci writes about the challenging personalities to be encountered during employee performance reviews.

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

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

Fresh Ink: Inside Today's Legal

Welcome to your 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 Women in the Profession supplement, so check out the whole thing, including videos of the roundtable discussion.

The top story in today’s Legal is reporter Gina Passarella’s look at multi-office lateral groups in the wake of Cozen O’Connor wooing nine intellectual property attorneys from four different Duane Morris offices. There can be logistical challenges in making moves like this, but the benefits can make up for it in the end.

Also above the fold on Page 1, reporters Ben Present and Zack Needles write that the Lackawanna County guardian ad litem has asked a federal judge to dismiss a lawsuit filed against her for allegedly threatening parents with sanctions if her recommendations were not followed. The guardian ad litem, Danielle Ross, claims she has judicial immunity. The county’s common pleas court was also named a defendant in the lawsuit, and earlier this month asked to be dismissed from the matter, asserting 11th Amendment immunity.

Below the fold on Page 1, Zack Needles writes about an Erie County judge’s siding with the defense in a slip-and-fall case, ruling that residents in snowy locales should expect icy hills.

Also below the fold on Page 1, reporter Amaris Elliott-Engel writes that the judge presiding over the Catholic Archdiocese of Philadelphia priest sex-abuse trial must decide whether to hear from additional accusers who claimed in 2010 that they were sexually abused by defrocked priest Edward Avery.

In more Regional News on Page 3, reporter Saranac Hale Spencer writes that an anti-fracking group has added defamation and conspiracy claims to its suit against a private surveillance company that the government allegedly hired to watch over it.

Also on Page 3, Saranac Hale Spencer writes that a Medicare contractor has claimed immunity before the U.S. Court of Appeals for the Third Circuit.

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 writes about time she has spent with multimillion-dollar rainmakers and some tips and observations she gained from it.

In a Cyberlaw column on Page 7, Jeffrey N. Rosenthal writes about online dispute resolution.

Today’s lead story in PLW is the Pennsylvania Superior Court granting a new trial to a Pennsylvania couple pursuing a bad-faith claim against their insurance carrier. As Ben Present writes, it shows that a consumer law violation may provide a path for proving bad faith.

Below the fold on Page 1, Amaris Elliott-Engel writes that the Pennsylvania custody law has changed for deployed soldiers.

On Page 3, Dan McCormick writes that cost of living adjustments are marital property, according to a Superior Court panel.

There’s much more inside this week’s PLW, including Samuel C. Stretton’s Ethics Forum, in which he says that clients’ notes subject to attorney-client privilege must be clearly marked as such; Matthew Weisberg’s Commentary on the legal profession in which he writes about when and how to seek a judge’s recusal; a billboard ban passing constitutional muster, according to a Delaware County judge; expert testimony is required in a dispute involving SEPTA and a supplier; and Joel A. Rose’s Law Firm Management column, in which he writes about proven strategies for effectively implementing the two-tier partner structure.

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 former Justice Sandra Day O’Connor hearing arguments yesterday in the U.S. Court of Appeals for the Third Circuit that centered on an opinion she joined while sitting on the U.S. Supreme Court in 1986. As reporter Saranac Hale Spencer writes, O’Connor, sitting by designation, and a three-judge panel heard arguments in a class action suit brought against title insurers in New Jersey that echoed the Supreme Court’s 1986 decision in Square D v. Niagara Frontier Tariff Bureau.

Also above the fold on Page 1, reporter Amaris Elliott-Engel writes that Philadelphia Court of Common Pleas Judge Jacqueline F. Allen heard arguments over the norms of writing a letter to an expert’s employer. A defense attorney in the case sent a letter to the employer of a medical malpractice plaintiff’s expert, but said she should not be sanctioned because lawyers frequently discuss local physicians who testify as experts, especially if they “go out there and espouse a new standard of care.”

Below the fold on Page 1, reporter Zack Needles writes that Cohen Seglias Pallas Greenhall & Furman has picked up a two-member construction boutique, Byler & Blaker, for its Philadelphia office.

In more Regional News on Page 3, Saranac Hale Spencer writes that challengers to federal laws requiring pornography producers to keep lists of their actors won their big to seek further discovery following a ruling the Third Circuit.

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 Asset Management column on Page 5, Mark L. Silow writes about taxpayers receiving tax-exempt interest on a settlement in the case of DeNaples v. Commissioner.

In a Health Care Law column on Page 7, Vasilios J. Kalogredis and Karilynn Bayus analyze CMS’s proposed rule on reporting and returning overpayments.

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 the U.S. Court of Appeals for the Third Circuit hearing arguments and weighing the intent and vulgarity of bracelets worn in the Easton Area School District with the phrase, “I [heart] boobies,” for which two middle school students were suspended. As reporter Saranac Hale Spencer writes, the students, who wore the bracelets were for breast-cancer awareness, are being backed by the American Civil Liberties Union.

Also above the fold on Page 1, reporter Amaris Elliott-Engel writes that a proposed state-law class action filed against Discover Bank and several Pennsylvania-based debt collection law firms alleges that the credit card lender has been collecting on debts that it no longer has a beneficial interest in.

Below the fold on Page 1, reporter Zack Needles writes that Luzerne County Chief Public Defender Albert J. Flora Jr. has filed a class action suit against the county and County Manager Robert C. Lawton for “deliberate indifference to the funding needs” of the Adult Unit of the Luzerne County Public Defender’s Office. Flora is joined by three indigent adult criminal defendants in the suit.

In more Regional News on Page 3, Zack Needles writes that Nelson Levine de Luca & Horst has hired Stanley Jablonowski to be its first vice president of business development. Jablonowski had previously been with insurance and financial company Selling Technologies Inc. as its chief executive officer.

Also on Page 3, Saranac Hale Spencer writes that the federal court in Pennsylvania’s Middle District will apply Georgia Law in a case that touches five states.

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 a federal court finding that a Ford surcharge on New Jersey dealers is legal.

In an Employment Law column on Page 5, Sid Steinberg writes about individual arbitration agreements being applied to class actions.

In this week’s GC Mid-Atlantic column on Page 7, Joseph A. Martin writes about Section 337 of the Tariff Act, which is a new weapon in the war against foreign trade secret misappropriation.

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 the U.S. Court of Appeals for the Third Circuit reassigning the judge overseeing a high-profile antitrust litigation in Pittsburgh. As reporter Saranac Hale Spencer writes, it’s a rare move to reassign the judge, and the silence surrounding the move is even rarer according to legal observers around the state. U.S. District Judge Arthur J. Schwab of the Western District of Pennsylvania was removed from the case of West Penn Allegheny Health System v. UPMC and no explanation has yet been given.

Also above the fold on Page 1, reporter Amaris Elliott-Engel writes that direct testimony has begun in the Catholic Archdiocese of Philadelphia sex-abuse case and provides details.

Below the fold on Page 1, reporter Gina Passarella writes that Drinker Biddle & Reath and Dilworth Paxson helped in the sale of The Philadelphia Inquirer, Philadelphia Daily News and Philly.com.

In more Regional News on Page 3, reporter Zack Needles writes that a Philadelphia trial judge has thwarted Philadelphia-based Bochetto & Lentz’s attempt to preclude King of Prussia, Pa.-based attorney Michael G. Trachtman and his firm, Powell, Trachtman, Loga, Carrle & Lombardo, from representing the plaintiff in a commerce court suit seeking settlement proceeds.

Also on Page 3, the Third Circuit weighed in on the enforceability of class arbitration.

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, Gary L. Kaplan writes about managing costs as the health care law decision looms.

In a Commentary on Page 7, Amara S. Chaudhry writes about challenging Pennsylvania’s misguided “anti-Shariah” bill.

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 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.