The Legal Intelligencer Blog

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

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 latest in the family courthouse saga. As reporter Amaris Elliott-Engel writes, Allegheny County Court of Common Pleas Senior Judge Stanton R. Wettick Jr. ruled that attorney Jeffrey B. Rotwitt cannot claim that he and his ex-firm, Obermayer Rebmann Maxwell & Hippel, are joint tortfeasors and that the law firm owes him contribution. Wettick did say that Rotwitt can amend his claim for contribution.

Below the fold on Page 1, reporter Saranac Hale Spencer writes that a federal judge has confirmed a $35 million arbitration award, plus $5.6 million in attorney fees, for a security services firm following a soured business deal.

In more Regional News on Page 3, Saranac Hale Spencer writes that a federal judge has dismissed two of three counts against Aetna Life Insurance Co. in a suit where the plaintiff is seeking to recover life insurance benefits she said she is owed under ERISA.

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 Cyberlaw column on Page 5, Jeffrey N. Rosenthal writes about whether lying on Facebook or in online profiles is a crime.

In this week’s Young Lawyer column on Page 7, the YL Editorial Board writes that the voter ID law infringes on the fundamental rights of citizens.

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 rights to the coal underneath a 9/11 crash site being disputed. As reporter Saranac Hale Spencer writes, the nearly 300 acres in rural Pennsylvania where Flight 93 crashed had been taken by eminent domain for a memorial park in 2009 and a federal judge has sided with the U.S. government, holding that Svonavec Inc. did not have a right to mine the coal spread across the majority of the land.

Below the fold on Page 1, reporter Amaris Elliott-Engel writes that attorneys for Zoloft in the multidistrict litigation argued in federal court that scientific and medical issues should take primacy in pretrial proceedings because, as one lawyer said, “there’s just no science there.”

In more Regional News on Page 3, the number of suits is increasing over a meningitis outbreak in New Jersey. Also on Page 3, the state Supreme Court heard arguments over the shale drilling law.

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 Paralegals Page, Judy Stouffer writes about solving software compatibility problems in your office.

In this week’s Young Lawyer column on Page 7, Elizabeth F. Collura writes about social media power practices for the young lawyer set.

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 a proposed $123.15 million settlement being reached between the insurance companies and the hospital where convicted serial child sex offender Dr. Early Bradley worked to create a fund for the reported hundreds of victims. As reporters Gina Passarella and Jeff Mordock write, a November 13 hearing before Delaware Superior Court Judge Joseph R. Slights III is set to determine the fairness of the settlement.

Also above the fold on Page 1, reporter Amaris Elliott-Engel writes that another generic plaintiff, this time regarding the drug Ambien, has fallen into the trap of Mensing, which the plaintiff’s lawyer said makes it impossible to prosecute the claim because it held that federal law pre-empts failure-to-warn claims regarding generic drugs.

Below the fold on Page 1, reporter Saranac Hale Spencer writes that a federal judge has remanded a case involving an insurance dispute to a county court of common pleas because it is not a class action.

Also below the fold on Page 1, Saranac Hale Spencer writes that an en banc panel of the Third Circuit yesterday eyed schools’ duty to protect.

In more Regional News on Page 3, Amaris Elliott-Engel writes that the legal aid loan program is assisting more attorneys. Also on Page 3, the Pittsburgh Post-Gazette lost a lawsuit in an effort to enter polling places during elections.

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 Workers’ Compensation column on Page 5, Christian Petrucci writes about workers’ comp settlements in the age of mediation.

In this week’s Young Lawyer column on Page 7, Debra L. Bruce writes about building a reputation as a young lawyer and asks if you’re bellying up to the wrong bar.

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 preliminary objections being denied in the family courthouse suit. As reporter Amaris Elliott-Engel writes, the First Judicial District’s legal malpractice lawsuit related to the new courthouse moved one step further, as objections related to a defendant law firm’s answer in the case were turned away.

Below the fold on Page 1, reporter Gina Passarella writes that Cozen O’Connor has asked the state Superior Court to reopen the discontinued lawsuit against it filed by Wolf Block lawyer John Loalbo, Rebecca Rosenberger Smolen, Kevin O’Connor and Lynne Gold-Bikin. Cozen wishes to get a ruling that the firm as never properly served a writ and therefore the statute of limitations cannot be tolled on the plaintiffs’ claims.

In more Regional News on Page 3, reporter Saranac Hale Spencer writes that the third party in an elevator accident case may invoke attorney-client privilege.

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

In this week’s Young Lawyer column on Page 5, Farbod Farnia writes about how to use document review work to enhance a resume.

In a Health Care Law column on Page 7, Vasilios J. Kalogredis and Karilynn Bayus write that the OIG has approved arrangements for pre-authorization services.

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 presiding over Jerry Sandusky’s case asking the state Superior Court to dismiss an appeal by one of Sandusky’s attorneys over whether a protective order the judge slapped on the case may apply retroactively. As reporter Ben Present writes, Senior Judge John M. Cleland said his June 26 order was not a final appealable order.

Also above the fold on Page 1, reporter Gina Passarella writes that firms are clearly investing in training over entertaining when it comes to junior attorneys. Legal affiliate The American Lawyer did its Summer Associates and Midlevel Associates satisfactions surveys, and some associates said they would prefer a better emphasis on work time rather than entertainment.

Below the fold on Page 1, reporter Saranac Hale Spencer writes that the Third Circuit has ordered a new trial after a jury was shown child pornography videos, allowing the jury to be prejudiced.

In more Regional News on Page 3, Jeff Mordock of the Delaware Law Weekly writes that Connolly Bove is set to merge with Novak Druce + Quigg.

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 that two circuit courts have recently further defined “wages” for employment tax purposes.

In a Bankruptcy Update on Page 7, Francis J. Lawall and Erik L. Coccia write that willful stay violations are not always compensable.

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 plaintiffs counsel in the federal Avandia multidistrict litigation seeking court approval of the dispersal of up to $143.75 million in attorney fees as well as costs undertaken for the common benefit of the entire mass tort litigation. As reporter Amaris Elliott-Engel writes, the requested fee is estimated to be 6.25 percent of the settlements reached in the litigation, according to the motion.

Also above the fold on Page 1, reporter Zack Needles writes that the state Supreme Court has suspended indicted Philadelphia Traffic Court Judge Robert Mulgrew without pay in a one-page per curiam order issued Wednesday.

Below the fold on Page 1, reporter Gina Passarella writes that a woman charged with kidnapping two children who did not exist has been awarded $151,000 in a suit against the city detective who arrested her.

In more Regional News on Page 3, a Third Circuit ruling held that corporations defending criminal charges aren’t entitled to pretrial access to general, fact-based employee statements.

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

In this week’s Young Lawyer column, the YL Editorial Board writes about how to get your referral network off the ground.

In a Commentary on Page 7, Holly R. Rogers writes about the rights of the gay and lesbian community in the workplace.

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 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.

Fresh Ink: Inside Today's Legal

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

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

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

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

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

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

In this week’s Young Lawyer column, David Koller writes about his perspective on how his wife views his shingle hanging experience.

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

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

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 lawyers for former Penn State President Graham Spanier calling out Louis Freeh for what they said was a “blundering, indefensible indictment” of their client. As reporter Gina Passarella writes, the four attorneys spoke at a press conference in Philadelphia and said they know what an independent and complete investigation looks like, but that Freeh failed to provide one when hired by the school to investigate how it handled reports of sex abuse by former assistant football coach Jerry Sandusky.

Below the fold on Page 1, reporter Saranac Hale Spencer writes that a tech company’s antitrust suit against several cellphone companies survived a motion to dismiss. The company maintains a system for locating cellphones that have dialed 911 and the companies favor a competing system.

In more Regional News on Page 3, Gina Passarella writes that the Supreme Court has ruled the rescue doctrine cannot be invoked by a volunteer firefighter who seeks to collect benefits under his own insurance policy to cover injuries suffered on his own property while departing for an accident scene.

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

In this week’s Young Lawyer column, the YL Editorial Board writes about considerations for young lawyers in the wake of the Penn State scandal.

In a Securities Law column, James G. McMillan, James H.S. Levine and M. Duncan Grant write that Pennsylvania stockholders bear the burden in freeze-out mergers.

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.