AmerisourceBergen is not entitled to coverage from its insurance carrier for attorney fees incurred because of a Massachusetts qui tam suit, the state Superior Court has ruled.
AmerisourceBergen is not entitled to coverage from its insurance carrier for attorney fees incurred because of a Massachusetts qui tam suit, the state Superior Court has ruled.
Based on an insurer's position that there is no case law to refute its claims that its physician reviews are privileged, a Lackawanna County judge has stayed an order compelling discovery of those documents pending the outcome of an appeal.
An attorney representing the Pennsylvania insurance commissioner argued before the state Supreme Court that when considering a rehabilitator's plan to liquidate an insurance carrier, the courts should defer to the experts.
Counsel for a radiology practice argued before the state Supreme Court last week that medical equipment, including MRI and CT machines, software and the electricity used to power the equipment, qualify for the manufacturing exclusion under the Tax Reform Code.
A party joined in a case as an involuntary plaintiff is not immune to counterclaims brought by a defendant, the state Superior Court has ruled.
The attorney for former Penn State University President Graham B. Spanier is pointing to the Moulton report as reason to believe that prosecutors have access to several emails pertaining to the three former university administrators facing charges related to the handling of the Jerry Sandusky sex-abuse scandal.
Relying on the state Supreme Court's recent interpretation of Act 13, a Lycoming County judge has denied an energy company's bid to construct an oil and gas well pad in the county.
Although the language of an insurance clause rejecting underinsured motorist coverage was legally sufficient, it failed to specify whether the cancellation applied to subsequent policies, the state Superior Court has ruled.
The state Superior Court has revived a malicious prosecution suit brought by a couple that had been accused of stealing gasoline from a Schuylkill County minimart.
While the Fair Debt Collection Practices Act provides for attorney fees if a debt collector violates the law, those fees can't be paid to a non-admitted attorney who, while claiming to have acted in only a consulting capacity, did more than local counsel, a Pennsylvania federal judge has ruled.
A Pennsylvania federal judge has denied prison officials' motions for summary judgment in a civil rights suit by a prisoner who was denied medication to treat retrograde ejaculation because of the prison's policy that ejaculation is forbidden.
The state Supreme Court has agreed to review the question of whether an allegation of sexual misconduct against a teacher by a former student—made outside of a "quasi-judicial" proceeding—counts as a privileged communication.
A Pennsylvania federal judge has denied the request to vacate $2.25 million in punitive damages against two former heads of a medical supply company who argued they settled the underlying patent infringement cases post-verdict and the judgment was hurting their chances of obtaining new employment.
The uphill battle defendants faced when trying to get their cases moved from a plaintiff's chosen venue has been leveled somewhat thanks to the state Supreme Court's decision last month in Bratic v. Rubendall, according to attorneys who spoke with the Law Weekly.
According to court documents, on Nov. 19, 2009, Brian Mark Patton, a 37-year-old Pennsylvania resident who worked as a corrections officer but was serving a tour of duty as a reservist for the U.S. Navy, was driving an SUV along a two-lane road in Kuwait with David Morgan, who was also a corrections officer serving a tour of duty, as passenger.
A Reading Hospital office worker's Family and Medical Leave Act claim has allowed the Third Circuit to set a standard for when an employee's right to return to work is triggered.
The state Supreme Court has declined to hear a brain-cancer-cluster case against Rohm and Haas that was initially dismissed, but revived later by the state Superior Court.
New Jersey-based Archer & Greiner has sued a Pennsylvania-based client in federal court for more than $1.15 million in alleged unpaid legal fees.
The state Supreme Court has agreed to hear arguments on whether a lease entitles an oil and gas company to a 62-acre property, despite the fact that the lease was entered into when the landowners only had title to half the property and payment only covered 31 acres.
An attorney who declined to undergo a chemical test following his arrest for allegedly driving under the influence will still lose his driver's license for a year, even though he offered to alternatively take breathalyzer and urinalysis tests, the Commonwealth Court has ruled.
The federal judge presiding over Louis J. Freeh's attempts to remove a possible defamation case against him from state to federal court has ordered Freeh to show why the federal court has jurisdiction to take the case.
Pennsylvania's law barring corporations and associations from making political contributions, which had been in direct conflict with Citizens United v. Federal Election Commission, has now been permanently enjoined.
A recent federal court ruling that the FBI engaged in gender discrimination in its physical fitness requirements should help the Pennsylvania State Police defend its standards against a July 31 complaint by the Department of Justice, legal experts said.
Even after several doctors in a medical malpractice suit settled with the plaintiff, jurors could weigh their liability along with the remaining defendants in the case, a Carbon County judge has ruled.
A lawyer's suit against The Webb Law Firm in Pittsburgh alleging that he was misclassified as an independent contractor while he worked there was tossed by a federal judge.
An ROTC teacher who was fired from a Pennsylvania public school sued the district after a school board member divulged the teacher's name on a blog over the advice of the board's solicitor.
A federal judge has dismissed ex-Penn State University President Graham Spanier's suit seeking to have the prosecution against him dropped.
Sheldon Mann took two major hits in one high school football practice and is now described in court papers as "incapacitated."
The rural Pennsylvania school district that had to allow a girl to wrestle on a boys' team after she brought a suit in federal court now has to pay more than $70,000 in attorney fees to cover the cost of the girl's legal representation in the case.
A man who briefly owned a property in between sheriff sales could be held liable for a fatal motorcycle crash that occurred on the property during that time, a Northampton County judge has ruled.
Louis J. Freeh has filed an action for declaratory judgment in federal court, seeking an interpretation of the federal removal statute after a state court's ruling that it wouldn't force former Penn State President Graham B. Spanier to outline his claims against Freeh in a possible defamation lawsuit.
Steven F. Gadon, known not only for being the managing partner of Spector Gadon & Rosen, but also for his love of the Philadelphia Eagles, running marathons and his generous, warmhearted demeanor, died July 4 of pancreatic cancer at age 82.
The pharmaceutical company Allergan said that qui tam claims against it are "defective" and "baseless," and should be dismissed, according to a response filed in federal court.
A Schuylkill County official, who tried to step in and appeal the historic decision issued in May allowing for same-sex marriage in Pennsylvania, has had her lawsuit thrown out of court by the Third Circuit.
The recorders of deeds in Pennsylvania's 67 counties won declaratory judgment from a federal judge who ruled that Merscorp must create and record property transfers with the county offices.
The state Superior Court has decided not to force Graham Spanier to file a complaint in the possible defamation action he has pending against Louis Freeh.
The Pennsylvania Supreme Court will not hear arguments in a case in which a Butler County law firm was harshly criticized by the state Superior Court for what the court said was nothing more than a "ploy" to have the former client's legal malpractice action tried in the firm's home county.
A company that was previously found to be in contempt of a federal judge's order to stop selling patent-infringing electrical wire connectors has been ordered to pay the plaintiff patent holder about $1.5 million in attorney fees after the parties could not reach an agreement on an appropriate amount.
More than 16 years after the litigation began and two years after the Pennsylvania Superior Court granted a new trial to a couple pursuing a bad-faith claim against their insurance carrier, a Berks County trial judge has levied $18 million in punitive damages and $3 million in attorney fees against defendant Nationwide Mutual Insurance Co.
An attorney for Justice Seamus P. McCaffery told a common pleas court judge Tuesday during arguments over whether the justice's defamation suit against The Philadelphia Inquirer should be kept alive that the FBI cleared his client two weeks ago in an investigation the attorney has said was spawned by the articles in question.
Senior leadership at the Office of Attorney General under Gov. Tom Corbett failed to promptly investigate and charge serial child molester Jerry Sandusky in 2010, a report issued Monday by Attorney General Kathleen Kane said.
Gov. Tom Corbett on Friday announced 11 nominees for vacant seats on common pleas courts across Pennsylvania.
The Pennsylvania Superior Court has tossed out an Allegheny County trial judge's award of nearly $15,000 in quantum meruit fees to Pittsburgh-based Meyer, Darragh, Buckler, Bebenek & Eck, but found that the firm may actually be entitled to quadruple that amount under its breach of contract claim.
Pulling no punches, a federal judge has tossed out a register of wills's attempt to intervene in the case that saw Pennsylvania's ban on same-sex marriages ruled unconstitutional, calling it a "contrived legal argument."
A federal suit the NCAA filed against state officials involving the $60 million penalty the association levied against Penn State University for its handling of the Jerry Sandusky scandal has survived defendants' efforts to dismiss the case.
A pair of recent international cybercrime cases out of Pittsburgh—one against an organized conspiracy based in Russia and another against a hacking unit of the Chinese military—have been heralded as groundbreaking and likely forecast a focus on that kind of prosecution.
The Third Circuit has disagreed with a U.S. district judge on predicting which course the Pennsylvania Supreme Court is likely to follow when interpreting the Pennsylvania Uniform Planned Community Act with regard to bankruptcy.
Claims against Lancaster County brought by the parents of an infant who was taken from them after a misdiagnosis of shaken baby syndrome have survived in federal court.
A day after Pennsylvania Attorney General Kathleen Kane announced First Deputy Attorney General Adrian R. King Jr. was leaving the office, Ballard Spahr confirmed he would be rejoining the firm as a partner in the business and finance and government relations practice.
The Commonwealth Court has ruled that the president judge of the Bedford County Court of Common Pleas has no authority to withhold from the county treasury money in certain court-controlled funds, some of which was earmarked to reimburse the county for probation office payroll expenses.
A Lycoming County trial judge has ruled that the only way a party can acquire a property's oil and gas rights by adverse possession is by showing it has engaged in actual drilling and production on the land.
A trial judge has appointed a forensic expert to help determine whether a defendant must produce information about software that a plaintiff alleges contains trade secrets.
The Pennsylvania Supreme Court has refused to hear arguments over whether an Allegheny County trial judge who is suing his former law partners over the distribution of their now-defunct firm's assets is entitled to an accounting of contingent fee cases that were resolved following the firm's dissolution.
The chocolate price-fixing multidistrict litigation hasn't wrapped just yet. Nearly 20 supermarkets, pharmacies and wholesalers—including Safeway, CVS, Rite Aid and Walgreens—have appealed a Middle District of Pennsylvania judge's ruling tossing 91 price-fixing cases filed against Hershey, Mars and Nestle, the makers of three-quarters of America's chocolate.
Once again, Pennsylvania lawyers are finding themselves caught in the crosshairs of legislation that would have a dramatic impact on the way they do business, and, according to many of those lawyers, would hurt their ability to compete with other jurisdictions.
The incoming Pennsylvania Bar Association president said that in the coming year he plans to make the state bar a more vital part of both the legal and general communities.
Attorneys for the family of Joe Paterno and Penn State University are set to argue today whether Pepper Hamilton should be forced to turn over documents related to the creation of the Freeh report.
The state Superior Court has upheld a $10.5 million award to a woman who was injured in a car accident caused by an out-of-control dump truck.
Acknowledging that its decision is "at odds with modern legal concepts" and may be viewed as "unduly harsh," the Pennsylvania Superior Court nevertheless found that it was bound to strip the oil and gas rights to a Centre County property from the heirs of the land's former owners who had reserved the subsurface rights when they sold the land in 1899 but failed to inform the county commissioners of the horizontal severance under an "arcane" and now-outdated tax assessment law from the early 1800s.
A bankruptcy attorney whose distress over the death of his 4-year-old son caused him to neglect his clients' cases has been suspended for a year and a day by the state Supreme Court.
Pseudonymous letters sent to the U.S. government alleging a Kuwaiti-based government contractor was engaging in illegal business activity with Iran were political speech, a split Superior Court has ruled in ordering the trial court to apply a heightened standard in determining whether the letters' authors could be disclosed.
The statute governing health insurance coverage for in-school treatment of autism spectrum disorders is unambiguous and bars appeal of a denial, an insurance carrier argued Wednesday before the state Supreme Court in Harrisburg, Pa.
An attorney for a plaintiff whose $14 million verdict was reduced to $500,000 urged the state Supreme Court to overturn two decisions that found statutory damages caps are constitutional.
Ex-Penn State University President Graham Spanier argued in a brief filed Monday that his bid to enjoin prosecution against him should not be barred from federal courts because he has alleged bad faith on the part of the prosecutors.
Kicking off an oral argument session packed with first-impression issues, the state Supreme Court justices are set to hear arguments about the constitutionality of a statutory damages cap that slashed an injured student's $14 million verdict against the state to $500,000.
In the wake of a federal judge's criticism of federal defenders for "gaming" death-penalty cases, Pennsylvania Supreme Court Chief Justice Ronald D. Castille—an outspoken critic of the defenders himself—said some of the blame in relation to prolonged death-penalty appeals had to be placed on federal jurists as well.
In a decision that found the justices more deeply divided than a 4-2 split might suggest on its face, the Pennsylvania Supreme Court has adopted the federal automobile exception to the search warrant requirement.
The state Supreme Court has agreed to consider whether an insured tortfeasor can assign bad-faith claims against his insurance carrier to the injured plaintiff.
A death-penalty case that has been in the appeals process for nearly two decades has prompted a judge to deliver sharp criticism of federal defenders for prolonging capital cases.
Defendants may not require multiple physical examinations of plaintiffs in cases where different doctors treated separate orthopedic conditions, a Lackawanna County Court of Common Pleas judge has ruled.
A Commonwealth Court decision questioning the consent decree between Penn State and the NCAA that imposed $60 million in monetary sanctions over the Jerry Sandusky child sex-abuse scandal exemplifies the broad discretion of judges in determining what issues should be considered, attorneys and court watchers told Pennsylvania Law Weekly.
The question of whether or not spreading a fertilizer made from recycled sewage sludge, known as biosoilids, on a York County farm constitutes a "normal agricultural practice" should be left to a jury, the state Superior Court has ruled.
A trust will follow the same rules as estates and corporations when it comes to determining whether an attorney is required to initiate or fight litigation, an Adams County Court of Common Pleas judge has ruled.
According to the plaintiffs' pretrial memorandum, on Dec. 14, 2011, Perseberanda Espinal Santos brought her 2002 Ford Explorer to an Aamco Transmission Center in Easton, Pa., that is owned by defendant Zrams Inc.
A home rule charter county cannot seek to abolish elected offices and move them to appointed positions without first electing a government study commission to examine the proposed changes, the state Supreme Court has ruled.
A Columbia County Court of Common Pleas judge won't recuse himself from overseeing a medical malpractice suit that involves a man whom the judge had prosecuted in his former role as district attorney.
The Commonwealth Court has called for a hearing on the validity of the $60 million fine that Penn State University agreed to pay to the NCAA under a consent decree.
A Lebanon County Court of Common Pleas judge has attempted to strike a balance between finding a delinquent father in contempt for willfully violating a child support order and being lenient because the payments exceeded the father's earnings.
In a case of first impression, a Lehigh County trial judge has ruled that billable hour and contingency fee matters transferred from one firm to another are not "assets" under the Uniform Fraudulent Transfer Act.
A Pennsylvania federal judge has largely followed how other courts have ruled on Daubert motions in tailoring the testimony that will be allowed in three cases against Novartis Pharmaceuticals alleging the drug Zometa caused jawbone necrosis.
Five decades after the U.S. Supreme Court's landmark Gideon v. Wainwright decision, Pennsylvania is the only state in the nation that fails to assist counties in fulfilling the ruling's mandate, state Sen. Stewart J. Greenleaf, R-Montgomery, told colleagues Tuesday at a state Capitol hearing on criminal defense for the indigent.
A White and Williams attorney has filed an appeal of nearly $35,000 in sanctions leveled against him by a Northampton County Court of Common Pleas judge.
A federal magistrate judge declined to impose the "extreme sanction" of striking revised expert reports filed by plaintiffs who were at times litigating pro se in a case against oil and gas companies over allegations the drilling tainted the plaintiffs' water supply and devalued their land.
A Lackawanna County trial judge has ruled that search warrants seeking information contained on a homicide suspect's iPhone and Facebook account were not overbroad.
The era in which clients viewed outside counsel as wise oracles whose advice was accepted without question is over. Today, in-house lawyers said, they expect outside counsel to act as de facto members of their legal departments, approaching matters in a way that's consistent with their company's business philosophy and strategic goals.
Ex-Penn State President Graham Spanier has taken to the federal courts to continue battling criminal charges of covering up sex abuse committed by Jerry Sandusky.
The state Superior Court is the wrong court to hear a challenge regarding a judge's administrative duties, the intermediate court has ruled.
Prosecutors have taken strong issue with arguments made by ex-Penn State President Graham Spanier, which they characterized as "inaccurate" and "gratuitously disparaging."
Two expert witnesses, one for a coal-fired power plant and one for the people who allege that it polluted the surrounding area, will be allowed to testify about their air modeling reports, a federal judge has ruled.
A prospective juror in a medical malpractice case may be removed for cause because his or her spouse is a patient of the defendant doctor, five of eight members of a state Superior Court en banc panel agreed.
A woman will not be able to recover damages from the city of Philadelphia because the police cruiser that rear-ended her was not driven by a police officer, but instead by a handcuffed man in police custody.
The state Supreme Court has decided not to consider whether an inmate can hold a county liable for injuries he suffered due to the alleged negligence of another inmate on a work detail.
Pennsylvania defense lawyers said the Pennsylvania Supreme Court's refusal to take up an appeal of the Superior Court's ruling that the accuracy of alcohol breath tests in highest-rate DUI cases must be determined at trial has taken much of the steam out of what once looked like it could be a game-changer for DUI law.
An Allegheny County trial judge has ruled that attorney-client privilege does not extend to corporations that are no longer in business.
A construction equipment rental company cannot be indemnified by its lessee's insurer in a case where a man was run over by a track loader that the company rented out, the state Superior Court has ruled in a decision related to a case that had originally resulted in a $20 million verdict.
The U.S. Supreme Court has declined to hear an appeal from the city of Hazleton, Pa., in its bid to save its laws restricting rental housing for illegal immigrants that were struck down by the U.S. Court of Appeals for the Third Circuit.
The U.S. Supreme Court has denied former Luzerne County Court of Common Pleas Judge Mark A. Ciavarella Jr.'s petition for appeal of his 28-year sentence for his involvement in the "kids-for-cash" scandal.
A nonprofit that partnered with a university to construct, lease and operate student housing is not tax-exempt because it does not qualify as a purely public charity, a Monroe County Court of Common Pleas judge has ruled.
The makers of three-quarters of America's chocolate—Hershey, Mars and Nestle—got a federal judge in Harrisburg, Pa., to toss 91 cases claiming that the companies fixed prices between 2002 and 2007.
A Pennsylvania state law that bars political committees from taking contributions from corporations or organizations, like labor unions, for political purposes is directly at odds with Citizens United, a Washington, D.C.-based "super PAC" argued in its challenge to the measure.