The Legal Intelligencer Blog

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 in today’s paper is the 2012 edition of PaLaw, our annual report on the legal profession.

The top story in today’s Legal is this year’s managing partners survey. As reporter Gina Passarella writes, layoffs and de-equitizations could return in Pennsylvania, according to the managing partners anonymously surveyed.

Also above the fold on Page 1, reporter Amaris Elliott-Engel writes that a discovery order in the Zoloft multidistrict litigation has been approved. The opposing sides negotiated the plan to set relatively early trial dates while also setting early hearings over the science behind allegations.

Below the fold on Page 1, Amaris Elliott-Engel writes the second in her Claims Chaos series, this time on mass money in claims administration raising questions.

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 that the OIG has issued a favorable on-call coverage arrangement opinion.

In a U.S. Supreme Court column on Page 7, Stephen A. Miller and Thomas M. O’Rourke write about the limits of judicial authority.

Today’s lead story in PLW is a preview of state Supreme Court oral arguments that are opening today. As reporter Ben Present writes, the viability of the “error in judgment” medical malpractice defense tops the argument session.

Below the fold on Page 1, Amaris Elliott-Engel writes that law enforcement is increasing its focus on “false confessions.”

On Page 3, reporter Zack Needles writes that a Lackawanna County judge has tossed a coal dust exposure FELA claim.

There’s much more inside this week’s PLW, including Samuel C. Stretton’s Ethics Forum, in which he writes about lawyers who represent corporations and serve on boards; Matthew T. Mangino’s Criminal Practice column about how Miller v. Alabama changes the dynamics of sentencing; and Leonard Deutchman’s Cyberlaw column on backup tapes.

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 look at whether Pennsylvania is being forced to decide the Restatement issue it is facing. As reporter Amaris Elliott-Engel writes, after the Third Circuit said for the third time that the Restatement (Third) of Torts governs products liability cases in the state, some attorneys said the federal appeals court seems to be trying to force the issue.

Below the fold on Page 1, reporter Gina Passarella writes that employees of West Penn Allegheny Health System have been barred by collateral estoppel from filing a class action in state court when a Pittsburgh federal judge already ruled against certifying a collective action in a similar suit by the same plaintiffs.

In more Regional News on Page 3, reporter Saranac Hale Spencer writes that key claims against Prevacid, a heartburn drug, have survived in a federal lawsuit.

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, Vasilios J. Kalogredis and Karilynn Bayus write that hospitals are beginning to feel the effects of quality initiatives.

In a Supreme Court column on Page 7, Stephen A. Miller and Thomas M. O’Rourke write a look into the effect of the ¬Wal-Mart Stores v. Dukes case and expansion of “rigorous” review.

Today’s lead story in PLW is a look at campaign fundraising in the attorney general race. As reporter Ben Present writes, Kathleen Kane has bolstered her coffers, narrowly outpacing David Freed.

Below the fold on Page 1, Ben Present writes that a Commonwealth Court en banc panel allowed General Motors to unilaterally suspend an injured worker’s benefits without the required paperwork because the man had taken a voluntary retirement package.

On Page 3, reporter Zack Needles writes that the Superior Court has blocked the discovery of past surgical notes in a medical malpractice suit.

There’s much more inside this week’s PLW, including Samuel C. Stretton’s Ethics Forum, in which he writes about violating attorney-client privilege when a client’s financial situation changes; Caren E. Morrissey’s Family Law column in which she writes that mental health records should be discoverable in custody matters; and Peter J. Bietz’s Trusts and Estates column, in which he writes that attorneys may need to change their practices after the EGTRRA’s sunset.

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.)

The top story this morning is Reed Smith and K&L Gates both doubling down on their veteran leaders. As reporter Gina Passarella writes, both Reed Smith’s Greg Jordan and K&L Gates’ Pete Kalis have won unopposed elections to additional terms, as both firms have moved from regional presences to global powerhouses in recent years.

Below the fold on Page 1, reporter Amaris Elliott-Engel writes that the bar examination passage rate in Pennsylvania dropped to a five-year low with the July 2012 exam. The passage rate was 77.32 percent, down from 79.81 a year ago.

In more Regional News on Page 3, reporter Saranac Hale Spencer writes that Supreme Court Justice Antonin Scalia said to a Philadelphia audience Monday night that original intent is indispensable for finding the meaning of a law and the era of a dictionary should match the era of the text one is reading.

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, G. Christopher Ritter writes about the art of using economical expert witness graphics.

In this week’s GC Mid-Atlantic column, Hayes Hunt and Calli Jo Varner write about what in-house counsel need to know about workplace bullying.

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 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 the voter ID case again going before Commonwealth Court Judge Robert Simpson. As reporter Saranac Hale Spencer writes, the case is back in Simpson’s hands after being remanded by the state Supreme Court, and presents a fast-developing set of facts as state officials continued to attempt to craft the voter ID program on the eve of Tuesday’s hearing.

Below the fold on Page 1, reporter Amaris Elliott-Engel writes that senior judges have been restored to the Philadelphia court system after the Court of Common Pleas was required to reduce its complement of senior judges by the same number of judges confirmed to fill vacancies on the bench.

In more Regional News on Page 3, reporter Ben Present writes that a York County jury has awarded $6 million to the estate of a woman who died from internal bleeding after a resident from an area hospital allegedly failed to properly diagnose and communicate her condition to a cardiologist.

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, Hayes Hunt and Jillian R. Thornton write about the effects of social media on the workplace.

In a U.S. Supreme Court column on Page 7, Stephen A. Miller writes the second part in a preview of the upcoming term.

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 .

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 Family Law supplement is also inside today's paper, so be sure to give that a read.

The top story in today’s Legal is the Third Circuit taking a skeptical view of reverse-payment settlements in a pharmaceutical patent case, rejecting the scope-of-the-patent test used by several other circuits to determine whether a settlement violates antitrust laws. As reporter Gina Passarella writes, the Third Circuit has instead adopted a rule-of-reason analysis to determine if the settlements warrant antitrust review.

Also above the fold on Page 1, reporter Zack Needles writes that Pittsburgh-based Tucker Arensberg has defeated a legal malpractice claim.

Below the fold on Page 1, reporter Saranac Hale Spencer writes that a judge has denied a doctor a new trial in a case of test question theft.

In more Regional News on Page 3, Hank Grezlak writes in a From the Chief column that the Freeh Report is a case study in how people rationalize ignoring evil.

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 Securities Law column on Page 5, Robert L. Hickok and Gay Parks Rainville writes that the U.S. Supreme Court has agreed to hear a case regarding the applicability of the fraud-on-the-market presumption.

In an Asset Management column on Page 7, Irvin G. Schorsch III writes about going beyond a lawyer’s fiduciary role in estate planning.

Today’s lead story in PLW is Lackawanna County outspending other counties on guardian ad litem services. Reporter Zack Needles writes that the county’s full-time guardian ad litem, Danielle M. Ross, made about $110,000 per year between 2009 and 2011.

Below the fold on Page 1, reporter Ben Present writes that cross motions for Facebook discovery were denied in an auto case.

On Page 3, Ben Present writes that the Superior Court has affirmed a $7.8 million verdict against Consol Energy.

There’s much more inside this week’s PLW, including Samuel C. Stretton’s Ethics Forum, in which he writes about ex parte communications with a judge; Daniel E. Cummins’ Civil Practice column on Medicare liens and personal injury matters; and Jeff Jubelirer’s Public Relations column on what to say when you can’t really say anything.

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 former Supreme Court Justice Sandra Schultz Newman being ordered to sit for a deposition in the First Judicial District’s legal malpractice lawsuit against a former lawyer on the Philadelphia family courthouse deal. As reporter Amaris Elliott-Engel writes, Newman is not entitled to a protective order from having to give a deposition.

Also above the fold on Page 1, Buchanan Ingersoll has agreed to pay $60 million to settle claims in the bankruptcy of its former client, Adelphia Communications Corp.

Below the fold on Page 1, reporter Gina Passarella writes that GlaxoSmithKline has saved tens of millions of dollars by revamping the way it hires and pays for outside legal services over the past four years.

In more Regional News on Page 3, Amaris Elliott-Engel writes that the Third Circuit has authorized private Medicare provider Humana Medical Plan Inc. to sue GlaxoSmithKline for expenses incurred from injuries consumers have suffered by taking the drugmaker’s Avandia diabetes drug.

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.

On Page 5, Stephen A. Miller writes a quick rundown of all that has happened in the U.S. Supreme Court this term.

In a Business of Law column on Page 7, Frank Michael D’Amore writes three tips for creating a killer attorney Web bio.

Today’s lead story in PLW is the recent child sex-abuse cases in Pennsylvania spurring a legislative response. As Amaris Elliott-Engel and Ben Present write, there are bills waiting in the wings in Harrisburg regarding expert testimony in sexual assault cases, among others.

Below the fold on Page 1, reporter Zack Needles writes that recent events have highlighted Pennsylvania’s lack of indigent defense funding.

On Page 3, Ben Present writes that a judge has denied severance motions in two post-Koken cases.

There’s much more inside this week’s PLW, including Samuel C. Stretton’s Ethics Forum, in which he writes about lawyers billing for paralegals’ time; Scott A. Coffina’s Constitutional Law column handicapping the Pennsylvania voter ID litigation; and Peter J. Bietz’s Trusts & Estates column on testamentary capacity.

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.

Duquesne Law Dean Weighs in on ‘Landmark’ Health Care Decision

By Zack Needles
Of the Legal Staff

Duquesne School of Law Dean Ken Gormley said Thursday that the U.S. Supreme Court’s ruling upholding President Obama’s health care reform legislation was one of the most important decisions to come from the high court since the days of President Franklin D. Roosevelt, when it was faced with federal legislation aimed at bringing the country out of the Great Depression.

“I think it will be viewed as a landmark decision and one of the most significant pieces of legislation to confront the Supreme Court in many years, largely because it’s creating a whole new legislative structure to deal with a giant issue in American society: health care,” he said.

According to Gormley, the ruling also contained its share of surprises, chief among them being the majority’s holding that the individual mandate violated the Commerce Clause, but survived as a tax. Gormley said he felt this was a “very creative way to handle a dicey issue.”

But while some may consider it surprising that Chief Justice John G. Roberts Jr., a noted conservative, penned the opinion on behalf of a majority that also included four justices widely regarded as liberals, Gormley said the essence of the ruling was very much in line with Roberts’ ideology.

As Roberts wrote in the opinion: “We do not consider whether the act embodies sound policies. That judgment is entrusted to the nation’s elected leaders. We ask only whether Congress has the power under the Constitution to enact the challenged provisions.”

“I think the end result of giving Congress deference in this area was perfectly consistent with Chief Justice Roberts’ judicial philosophy,” Gormley said.

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.)

The Intellectual Property supplement is also inside today’s paper, so be sure to give that a read.

The top story in today’s Legal is a look at the new markets opening up for Pennsylvania firms in the wake of Dewey & LeBoeuf’s slide. Reporter Gina Passarella writes that the attorneys leaving Dewey have allowed area firms to open offices in Dubai, Los Angeles and potentially Moscow and Kazakhstan.

Also above the fold on Page 1, Gina Passarella writes that Kansas City, Mo.-based Shook Hardy & Bacon is finalizing plans to open a Philadelphia office with the hire of Dechert partner Sean Wajert to its litigation group.

Below the fold on Page 1, reporter Saranac Hale Spencer writes that the U.S. Court of Appeals for the Third Circuit has ruled that a bankruptcy court must first grant leave before a trustee can be sued in another venue.

Also below the fold on Page 1, reporter Zack Needles writes that the state Supreme Court has agreed to hear a case in which it’s been asked to hear whether an insurer can be ordered to pay a medical provider’s attorney fees even if the employer properly employed the peer review process before denying coverage.

In more Regional News on Page 3, reporter Amaris Elliott-Engel writes about Thomas G. Wilkinson Jr.’s new role at the helm of the Pennsylvania Bar Association. Youth and the law top the new president’s agenda.

Also on Page 3, Zack Needles writes that a class action has been filed over NHL Winter Classic tickets that the Flyers did not give to season ticketholders.

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 Eastern District column on Page 5, Peter F. Vaira writes that two recent U.S. Supreme Court decisions have raised troublesome plea bargain issues.

In a Law Office Technology column on Page 7, Morgan C. Smith writes about using iPads to make compelling presentations at trials.

Today’s lead story in PLW is the state Supreme Court justices asserting their control over the definition of the constitutional phrase “purely public charity,” as reporter Ben Present writes.

Below the fold on Page 1, Ben Present writes that the Supreme Court has dialed back the independent source doctrine.

On Page 3, Ben Present writes a preview of Supreme Court oral arguments set to open in Harrisburg today, in which the justices will hear the H&R Block class action case for the third time.

There’s much more inside this week’s PLW, including Samuel C. Stretton’s Ethics Forum, in which he writes that an increase in technological savvy should not overshadow the basic tenets of good lawyering; Matthew T. Mangino’s Criminal Pratice column, in which he writes that disparity again pervades federal sentencing; a ruling that a landlord must know of danger to incur liability for a dog biting a person; and Jonathan Hoffman’s Family Law commentary, in which he writes about securing your client’s future with insurance.

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.