The Legal Intelligencer Blog

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.

State Petitions Supreme Court for Reargument in Act 13 Case

By Zack Needles
Of the Legal Staff

With the state Supreme Court back up to full complement, the Pennsylvania Public Utility Commission and Department of Environmental Protection have petitioned for reargument in the case over the zoning provisions of the Act 13 amendments to the Oil and Gas Act.

The PUC and DEP filed their petition in Robinson Township v. Commonwealth on August 6, eight days after former state Superior Court President Judge Correale F. Stevens was sworn in as the new justice, replacing former Justice Joan Orie Melvin, who resigned in May following her conviction on political corruption charges.

Last July, a deeply split en banc Commonwealth Court invalidated as unconstitutional amendments to the state's Oil and Gas Act requiring municipalities to adopt uniform zoning ordinances that would allow drilling in all zoning districts.

The court ruled 4-3 in Robinson Township to overturn Section 3304 of 58 Pa.C.S., known as Act 13 of 2012, reasoning that requiring municipalities to bring their zoning ordinances into compliance with Act 13 means forcing local governments to violate substantive due process by allowing incompatible uses in their districts.

The Supreme Court heard oral arguments in the case in October and a ruling is pending.

The PUC and DEP argued in their petition that, because the Commonwealth Court was so deeply split, the case should not be decided by a six-justice court.

The PUC and DEP said the ruling “will impact not only core inter-government relationships, but will also affect communities across the commonwealth in various economic, social and environmental ways.”

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

PUC Must Still Refrain From Act 13 Ordinance Reviews

By Zack Needles
Of the Legal Staff

The state Supreme Court has denied the Public Utility Commission’s appeal of a Commonwealth Court order requiring the agency to cease and desist from reviewing municipal ordinances to determine whether they comply with the Pennsylvania Municipalities Planning Code and the state Oil and Gas Act.

The court issued a one-page order Thursday quashing the appeal. The order noted that Justice Thomas G. Saylor dissented, saying he would have noted probable jurisdiction and called for expedited appeal proceedings.

The agency was charged with the task under Section 3305, Chapter 33 of the recent Act 13 amendments to the Oil and Gas Act, but Senior Judge Keith B. Quigley said in an order issued in October that the PUC should have ceased performing the reviews following the Commonwealth Court's July 26, 2012, en banc ruling in Robinson Township v. Commonwealth, invalidating as unconstitutional those amendments that require municipalities to adopt uniform zoning ordinances that would allow drilling in all zoning districts.

The constitutionality question in Robinson is currently awaiting a ruling by the Supreme Court.

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

Aichele Officially Out as Chief of Staff, Gromis-Baker In

By Zack Needles
Of the Legal Staff

Governor Tom Corbett announced late Wednesday that Stephen S. Aichele has officially stepped down as chief of staff and will be replaced by Republican strategist Leslie Gromis-Baker.

Gromis-Baker is Corbett’s liaison with the federal government in Harrisburg and Washington D.C., as well as the head of Harrisburg-based lobbying firm LG Strategies.

Gromis-Baker previously worked at Pittsburgh-based Buchanan Ingersoll & Rooney as a professional in its state government relations practice.

In 2010, Corbett selected Gromis-Baker to be one of the co-directors of his transition team.

A press release by Corbett’s office said Aichele plans to return to private practice, but the release did not specify what his new job will be.

One possibility is that he will return to Saul Ewing, where he had spent his entire 35-year career until Corbett tapped him to serve as the state's general counsel in January 2011.

Corbett elevated Aichele to chief of staff in May 2012.

Aichele served in various leadership roles, including managing partner, during his time at Saul Ewing.

He took over as the firm's chairman in 2006, a role in which he served as the firm's "public ambassador" through participation in community affairs and in the business, civic and political organizations in which the firm participates.

In 2010, Aichele had been asked by the firm to head its project and resource development department.

A spokesperson for Saul Ewing told The Legal on Wednesday that the firm had "no comment about Aichele returning at this time."

State Senator Farnese Joins Zarwin Baum

By Zack Needles
Of the Legal Staff

State Senator Lawrence Farnese, D-Philadelphia, has left Haddonfield, N.J.-based Archer & Greiner, where he was of counsel, to join Philadelphia-based Zarwin Baum DeVito Kaplan Schaer Toddy as of counsel.

Farnese focuses his practice on commercial litigation.

“We are delighted Senator Farnese has joined our Firm” said Gary A. DeVito, chairman of Zarwin Baum’s commercial department. “Senator Farnese is such a strong and positive influence in our community and he uses his unremitting energy to promote programs and legislation beneficial to the citizens of Philadelphia and the commonwealth of Pennsylvania. In doing so, Senator Farnese continues to establish himself as a leader not just locally, but statewide.”

Bruce Castor Joins Rogers and Associates

By Zack Needles
Of the Legal Staff

Montgomery County Commissioner Bruce L. Castor Jr. is leaving Elliott Greenleaf, where he is a director and shareholder, to join Bryn Mawr, Pa.-based Rogers and Associates as a partner.

The move will become effective July 1, according to a press release issued by the Rogers firm.

Castor joined Elliott Greenleaf in 2008, after nearly a decade as Montgomery County District Attorney. Castor focuses his practice on general litigation, personal injury, internal corporate investigations and white-collar criminal defense.

“With Commissioner Castor’s experience, especially responding to crisis as they arise and his proven ability to make rapid decisions and provide timely advice, our firm will be tailor-made to his strengths,” Rogers said in the press release. “This is over and above Bruce’s extensive courtroom experience and unparalleled knowledge of trial tactics and strategy.”

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

Andrew Chirls Joins Fineman Krekstein

By Zack Needles
Of the Legal Staff

Andrew C. Chirls has left Philadelphia-based litigation boutique Haines & Associates to join Philadelphia-based general practice firm Fineman Krekstein & Harris.

Chirls, who focuses his practice on business litigation, was a partner at Wolf Block until its dissolution in 2009, at which point he joined Haines & Associates as the firm’s sixth full-time lawyer and second partner.

Chirls has now joined Fineman Krekstein as of counsel.

"When we found out Andy was available to join us, we jumped at the opportunity. He will be a very active of counsel to our practice," Fineman Krekstein Chairman S. David Fineman said in a press release.

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

State Senator John Rafferty Joins Lamb McErlane

By Zack Needles
Of the Legal Staff

State Senator John C. Rafferty Jr., R-Montgomery, has joined West Chester, Pa.-based Lamb McErlane as of counsel.

Rafferty represents Pennsylvania's 44th Senatorial District, which includes portions of Berks, Chester and Montgomery counties.

Rafferty is also the chairman of the Senate Transportation Committee, vice chairman of the Judiciary Committee and a member of the Senate Appropriations, Banking and Insurance, Consumer Protection and Professional Licensure, and Law and Justice committees.

"We are elated to have Senator Rafferty join our firm," Lamb McErlane managing partner Joel L. Frank said in a press release. “His experience and abilities will prove extremely valuable to our firm and our clients.”

Prior to his joining the Senate, Rafferty’s private practice focused on education, real estate, zoning and business and estates law.

Rafferty made a bid for the GOP nomination in the most recent state attorney general election, but ended his campaign in January 2012.

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

Nelson Levine Hires Nationwide Senior Vice President

By Zack Needles
Of the Legal Staff

Blue Bell, Pa.-based insurance law firm Nelson Levine de Luca & Hamilton has added Thomas W. Dietrich, the former senior vice president and deputy general counsel of Nationwide Insurance Companies, to the insurance regulation practice in its Columbus, Ohio, office.

Dietrich joins the firm as of counsel, but will also serve as a member of the executive team.

“Tom knows the insurance industry inside and out," Nelson Levine Chairman Mike Nelson said in a press release. "His insider's perspective – combined with the knowledge and experience of other insurance experts at Nelson Levine – will no doubt provide insurers confronting the evolving regulatory landscape with unmatched insight.”

Dietrich, who worked for Nationwide for 40 years, focuses his practice on advising clients on their business practices as they relate to the rapidly changing regulatory landscape.

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

Flaster/Greenberg Hires Pa. Real Estate Head

By Zack Needles
Of the Legal Staff

Cherry Hill, N.J.-based Flaster/Greenberg has hired Robert S. Davis as chair of its Pennsylvania real estate practice.

Davis joins the Philadelphia office of Flaster/Greeneberg as a shareholder from Saul Ewing, where he was a partner. Davis’ practice centers on commercial and residential real estate transactional work, including leasing, acquisitions, sales, development, loan workouts and restructurings, tax-free exchanges and real estate finance.

“Rob’s excellent reputation in the real estate community and extensive experience with handling complex development deals makes him an outstanding addition to the firm,” Flaster/Greenberg Managing Shareholder Peter R. Spirgel said in a press release. “We are always looking for top-notch attorneys like Rob to join our team and are thrilled he decided to grow his practice by joining Flaster/Greenberg.”