The bar on asylum to those who have given material support to a terrorist organization doesn't distinguish between voluntary and forced support, the Third Circuit has ruled in a case of first impression.
The bar on asylum to those who have given material support to a terrorist organization doesn't distinguish between voluntary and forced support, the Third Circuit has ruled in a case of first impression.
A federal judge has certified for immediate appeal the first impression issue of whether anti-retaliation provisions in the False Claims Act apply to an employee who filed a whistleblower suit against a former, unrelated employer.
On May 17, the 36th annual Philadelphia Bar Association 5K Run/Walk benefiting the Support Center for Child Advocates was held at Memorial Hall in Fairmount Park in Philadelphia. Approximately 1,200 people participated in the 5K Run/Walk, the 1 Mile Dash, the Buchanan Ingersoll & Rooney Kids' Dash and the Caesar Rivise Team Competition.
A Philadelphia judge has refused to certify a proposed class of roughly 200,000 individuals whose personal and health information was stored on a flash drive and allegedly lost by their health insurance companies.
The legal status and rights of an "additional insured" are among the most misunderstood and incorrectly used concepts in the law. The Texas Supreme Court recently analyzed issues surrounding this concept and offered some guidance for those involved in transactions requiring the extension of additional insured rights and obligations. While each state has its own rules and requirements on this subject, the Texas court's guidelines can provide useful guidance to those who are looking to correctly provide this status to another party or obtain it themselves.
Joseph J. Connolly, a Philadelphia attorney with Stevens & Lee, died May 22 at the age of 73.
"I'll never change the name of the Redskins. You have my word on that." — Daniel Snyder, current owner of the Washington Redskins.
Enrolling in a clinical course wasn't an option when Joel Bernstein was a student at Brooklyn Law School in the early 1970s—lectures and seminars dominated the curriculum.
Judge Frank Easterbrook of the U.S. Court of Appeals for the Seventh Circuit prefers the element of surprise. At least for oral arguments.
This month's Philadelphia Bar Association board of governors meeting is scheduled for 3:30 p.m. Thursday in the 10th-floor boardroom at the bar association.
Pennsylvania's overwhelmingly white appellate court system saw a missed opportunity to add racial diversity to its highest court, despite having three openings and two experienced, black judicial candidates in the recent primary election.
For the past couple of months, a 1,200-person alternative legal services provider has been quietly building up its team in a new location that serves Philadelphia, Wilmington, Delaware, and South Jersey.
Judicial districts covering the state's two largest cities have shown differing trends in asbestos case filings over the past five years, according to court statistics. Filings have remained steady in Pittsburgh and have generally risen in Philadelphia.
Cyberattacks targeting Rutgers University and Penn State University have brought the issue of cybersecurity close to home—but also served to re-establish that higher-education institutions are unique targets.
Clients turn to replacement counsel when things do not go as planned. In such situations, clients must hire replacement counsel to pick up the pieces of the broken representation and "fix" the problems. That gives successor counsel the opportunity to be a hero by rescuing a problem representation and converting it into a win for the client.
The New Partners Yearbook features photos and profiles of the state's newest partners, whether they got there through promotion or through a lateral move.
The Pennsylvania Superior Court weighed in on how, or even whether, disability payments are divisible upon divorce in the matter of Yuhas v. Yuhas, 79 A.3d 700, 704 (Pa.Super. 2013).
The third publication of the Sheriff's Sale mortgage foreclosure notices for the June 2, 2015, sale, which includes properties postponed from previous sales, are now available.
I am a new lawyer and I am concerned about the amendments to the escrow and financial recordkeeping requirements for lawyers. Is there a bottom line that I have to comply with?
Following is a listing of legislative and executive action for the week of May 17. Members of the General Assembly are scheduled to return to session June 1.
A question of Right-to-Know Law procedure in Centre County is likely bound for the appellate courts, putting on hold several cases related to alleged improper contact between members of the judicial branch and the district attorney's office.
The Commonwealth Court has rejected claims that amendments to the Municipal Claims and Tax Lien Act imposed unconstitutional new taxes by passing along legal fees to delinquent taxpayers.
Clients often ask about their responsibility for college education. In Pennsylvania, neither parent has a legal obligation to pay for their child's college education. But in some cases it may be worthwhile for a parent to agree to pay a portion of the cost.
A commercial real estate company was not liable for hiring a contractor who was found negligent after a multi-alarm warehouse fire, as the plaintiff failed to show evidence of negligent hiring, the Superior Court has decided.
When might a workers' compensation claimant who files in Pennsylvania but receives medical treatment in another state have to pay medical expenses over and above the statutory rates her medical provider receives?
It is common practice in the oil and gas industry for only the lessor to sign an oil and gas lease. This practice has led to disputes in Pennsylvania regarding whether a lease signed by the lessor alone is valid under the Pennsylvania Landlord and Tenant Act's statute of frauds.
Neil A. Morris of Offit Kurman was appointed as special police labor counsel for Doylestown Township in Bucks County.
The Community College of Philadelphia was awarded $5.5 million in its suit against an architectural firm for using unlicensed personnel to work on the construction of a new campus facility.
In interpreting a deed with contradictory definitions of a land parcel's boundaries, a split en banc panel of the Commonwealth Court has ruled in favor of the landowners who alleged a de facto taking of that property by a gas company.
Now that every party-endorsed candidate for Pennsylvania Supreme Court has secured a place on the November ballot, observers are expecting partisan support and outside money to play a major role in a historic race for three open seats.
Pennsylvania's two state-level pension systems, the State Employees' Retirement System and the Public School Employees' Retirement System, are enormously underfunded and starting to strain the state budget, according to Auditor General Eugene DePasquale, whose office in January updated the status of municipal pension systems.
I have been a law firm marketing consultant for over 20 years and during that time I have spoken to hundreds of your clients. I know what they want. Plain and simple, if you want to grow your practice, follow this blueprint.
Joseph M. Manko, one of the founding partners of Manko, Gold, Katcher & Fox, was presented with the Compass Award from Philadelphia Outward Bound School on May 6 at the Philadelphia Navy Yard.
It started with a letter to lawmakers from a coalition of natural gas drilling interests and broader business associations. The letter said Gov. Tom Wolf's plan to impose an extraction tax on natural drilling in the Marcellus Shale would "set the commonwealth back instead of allowing the state to grow its economy, jobs and provide Pennsylvanians with lower energy bills."
Bankruptcy counseling—referred to by one attorney as "an industry in consolidation"—has always been a cyclical business, but the steady, years-long decline in new cases has required lawyers to rethink their practices to some extent.
A former Washington correspondent for Bloomberg has dropped a discrimination and retaliation suit that accused the company of illegally firing her after she took maternity leave.
Reed Smith is set to open an office in Frankfurt, Germany, on June 1 with the addition of seven lawyers from four different firms. The new location, which will focus heavily on the financial services industry, will be managed from the firm's 10-year-old Munich office.
Editor's note: Chief Justice Ronald D. Castille was named Attorney of the Year at The Legal's Professional Excellence Awards dinner Wednesday. His fellow finalists were U.S. District Judge John E. Jones III of the Middle District of Pennsylvania and Morgan, Lewis & Bockius chairwoman Jami Wintz McKeon.
Alabama law, which allows for uncapped damages, will apply in the case of a woman from that state who allegedly died from liver failure after taking Tylenol, a federal judge has ruled.
It took two judges in two different countries, with the assistance of some beefed up courtroom technology, to decide the question of how the approximately $7.3 billion in Nortel Networks assets should be split between the bankrupt company's three international estates.
The state Supreme Court has declined to hear arguments on whether a former in-house lawyer for a defunct business entity can invoke attorney-client privilege to keep from submitting subpoenaed documents in a suit against it.
The U.S. Court of Appeals for the Third Circuit heard oral arguments last week on the island of St. Croix, in the U.S. Virgin Islands. A three-judge panel traveled to the islands to hear matters arising from the islands themselves in order to best accommodate the travel burden of arguing counsel. The court hears oral arguments in the U.S. Virgin Islands twice a year, usually once in December, and once in either April or May. Oral arguments are conducted in St. Thomas during even years (e.g., 2014, 2016), and in St. Croix during odd years (e.g., 2013, 2015). The kind and number of cases heard all depends on the docket before the court and the confidential decision-making process of the judges.
Gregory W. Sutton joined Montgomery McCracken Walker & Rhoads as a partner in the Philadelphia office.
Police officers who shot a mentally ill woman armed with a knife are immune against claims that they failed to accommodate her health issues, the U.S. Supreme Court ruled Monday.
As the Roberts Court enters the final stretch of its 10th term, the outcomes in a handful of cases could define that court for years to come.
Having just returned from speaking at the Pennsylvania Bar Institute's 21st annual Employment Law Institute, the No. 1 question on the mind of employers was how to deal with an employee's request for leave under the Americans with Disabilities Act once the employee's Family and Medical Leave Act leave has expired. The answer, like most reasonable accommodation issues, is it depends. Courts throughout the country have consistently held that unpaid leave is a form of reasonable accommodation. Unpaid leave may be an appropriate reasonable accommodation when an individual expects to return to work after getting treatment for a disability, recovering from an illness, or taking some other action in connection with his or her disability.
The current trend in the Pennsylvania courts is to use 50/50 physical custody as the starting point when developing custody schedules for children of separated parents.
The Legal Intelligencer's annual Professional Excellence Awards Dinner was held on May 20, at which the Attorney of the Year, Lifetime Achievement Award winners, and the Legal Departments of the Year were honored. The following is a slideshow from the evening.
Primary results for the state Supreme Court race are in, and Superior Court Judge David N. Wecht was the highest vote-getter, followed by fellow Democrats Superior Court Judge Christine L. Donohue and Philadelphia Court of Common Pleas Judge Kevin M. Dougherty.
Voters on Tuesday selected 12 Democrats from a crowded field of candidates for the 2015 Philadelphia Court of Common Pleas to progress to November's general election.
A softball player at Saint Joseph's University has sued the school for Title IX violations stemming from allegations of a "sexually charged" hazing culture within the women's softball team.
A win for Citigroup Global Markets in arbitration will stand since a federal judge dismissed a challenge to it, finding that her court didn't have jurisdiction.
It's no wonder everyone seems tethered to an electronic device these days. We multitask more than ever. Keeping all the balls afloat between work, home, school, family, friends, professional associations and volunteer organizations is a true balancing act. Software applications can help keep us organized, proficient and stress-free, unless you're stressing over the best app to choose. With so many great, free apps out there, ease of use and convenience always top my list.
Jenai St. Hill, an associate in Reed Smith's commercial litigation group, was elected to serve on the Public Interest Law Center of Philadelphia's board of directors.
A New Jersey judge's decision to force a criminal defendant to go to trial while being represented by a partner's associate because of the partner's scheduling conflict amounted to the deprivation of the defendant's Sixth Amendment right to counsel of his choice, a state appeals court ruled May 15.
Two sets of lawyers who fought over who would be in charge of representing a man paralyzed by a fallen tree have secured $2 million in settlements since deciding to work together on the case.
In the wake of the Amtrak tragedy, lawyers from our community found ways to express themselves in traditional and social media. Some gave expert analysis to media outlets. Some offered heartfelt prayers on Twitter. And, yes, some attorneys solicited clients on their Facebook pages.
After having been put on hold for several months, efforts to resume collection against Nancy Raynor, an attorney sanctioned by a Philadelphia judge for nearly $1 million for eliciting banned testimony about smoking in a medical malpractice case, have picked up again.
A federal judge has denied Hagens Berman Sobol Shapiro's request to stay interviews of 31 of the firm's clients to determine whether they are knowingly dismissing their thalidomide-injury cases, but not before the law firm filed a petition seeking a writ of mandamus with the Third Circuit seeking the higher court's intervention.
Christopher Carson has been elected president and CEO of Cohen & Grigsby, the firm has announced.
The Montgomery County Court of Common Pleas on Tuesday announced the creation of a mortgage foreclosure diversion test program aimed at helping residents who face the threat of eviction to stay in their homes.
Foreign nationals that seek employment in the United States must receive the appropriate work-authorized status to do so. Most employers support their foreign workers through a nonimmigrant (temporary) visa known as the H-1B. This visa allows companies to employ people in a "specialty occupation" in the United States while the visa is valid. A specialty occupation is one that normally requires a bachelor's degree for entry into the occupation.
Stradley Ronon Stevens & Young partner Valentino F. DiGiorgio III was appointed to the boards of directors of Independence Hospital Indemnity Plan and Independence Health Group.
JPMorgan Chase Bank has sued six former wealth managers who quit en masse to join competitor Morgan Stanley and are allegedly soliciting their $2 billion base of former clients to follow them.
The parents of three of the five Georgia Southern University nursing students who were killed in a horrific crash on Interstate 16 last month have filed suit over the wrongful deaths of their daughters.
"Real heroes don't die, they just reload."
This series of articles examines the legal issues surrounding the Amtrak derailment in Philadelphia.
A cluster of lawsuits against Amtrak stemming from last week's derailment that injured over 200 people and killed eight has been filed in Pennsylvania.
Lawyers bringing the case alleging that Zoloft caused birth defects in babies born to women who took the antidepressant have to turn over the report that their expert produced in similar litigation over Prozac, the federal judge handling the case has ruled.
Editor's note: This is the fourth installment of a series examining the shift in law firm business models and the issues law firms must address to remain competitive in a new age of providing legal services.
After a dustup earlier this month over the delay in moving Luis Felipe Restrepo, a federal trial judge in Philadelphia, up to the U.S. Court of Appeals for the Third Circuit, U.S. Sen. Pat Toomey, R-Pennsylvania, gave his OK to the Judiciary Committee to schedule a hearing.
Last week, the state Senate approved public pension reform legislation, SB 1, with a 28-19 vote, setting the stage for what is virtually unanimously expected to be a contentious budget battle between the General Assembly and Gov. Tom Wolf.
Legislation that would legalize the use of marijuana to treat certain medical conditions cleared the state Senate last week and is now before the state House of Representatives. A spokesman for the House Republican Caucus said there is no timetable for considering the bill.
Robert Dunham became executive director of the Death Penalty Information Center in March at a time of escalating debate among policymakers and the public over capital punishment.
Michael McCann spent May 11 in eager anticipation. The National Football League was expected to announce its decision in the "Deflategate" scandal at any minute, and the University of New Hampshire School of Law professor was preparing to offer commentary to "Sports Illustrated," where he serves as a legal analyst.
Attorney Joana Gaizelyte-Lacy, an associate with Leonard, Sciolla, Hutchison, Leonard & Tinari, was named of counsel.
Colleges and universities are increasing targets for cybercrime operators. Rutgers University and Fairleigh Dickinson University were both recently hit in cyberattacks. Both schools' networks were shut down for nearly a day. In 2014, Indiana University and the University of Maryland were victims of cyberattacks. Indiana had 146,000 records exposed and Maryland had 300,000 records exposed. Colleges and universities face cybersecurity challenges similar to those faced by government and major commercial institutions.
One of the most oppressive tools available to commercial lenders is what is called a warrant of attorney. Most commercial loan documents contain a provision known as a warrant of attorney, which allows such lenders the ability to enter a judgment of record against their borrowers and guarantors, as the case may be, by simply filing a complaint alleging a default under the loan documents and then demanding a confessed judgment of an amount certain.
If you have a deserving colleague, associate or protégé under the age of 40, nominate them to be a 2015 Lawyer on the Fast Track.
View the top verdicts and settlements as reported by VerdictSearch for 2014, including charts, case summaries, settlements, as well as break-out charts for specific categories.
A homeowner's insurance carrier was within its rights to deny coverage to a man who provided the use of a dirt bike—and, allegedly, alcohol—to a 19-year-old who was fatally injured when he crashed the vehicle, the Superior Court has ruled.
An order over the application of an alternative dispute resolution provision is not immediately appealable as of right, the Superior Court has ruled.
Following is a listing of legislative action for the week of May 11. Members of the General Assebmly are set to return to session June 1.
I often take my computer or tablet to a seminar or court. I get the password for the Internet. I obviously take notes, but I also check email during the seminar. Should I be doing this?
In what is shaping up to be the most expensive Pennsylvania Supreme Court race in history, the largest donations have come from lawyers, unions and lawyer-funded political action committees.
A bicyclist has recovered $2.6 million in a settlement with various defendants following a 2012 crash with a mattress store truck.
An American drone maker has won $7.8 million in damages from a French competitor that infringed on its patents.
The language of an insurance policy must be clear and specific in order to effectuate the intent of the insurer and insured. Failure to sufficiently define key terms and conditions of a policy in a plain and unambiguous way can have the effect of broadening the scope of coverage of the insurance policy. For best practices, insurers should be advised to specifically define each term that may have an impact on the scope of coverage of their policies.
The Commonwealth Court has upheld an arbitrator's "narrow" awards for SEPTA police officers who challenged their sick leave amounts.
U.S. District Judge Cynthia Rufe of the Eastern District of Pennsylvania recently decided motions in a case among successive owners of a property with an environmental problem. Her opinion in CSX Transportation v. 2712 Investors, Civil Action No. 14-7148 (E.D. Pa. Apr. 29, 2015), provides some useful reminders of very basic propositions about environmental due diligence in real estate transactions and the litigation that follows when things go wrong.
The most important tool provided to a litigant to test the credibility of parties, witnesses and expert witnesses at trial, and thereby challenge the truth of the adversary's claims, is the right to conduct a thorough and cutting cross-examination.
Counsel for a disabled woman who won a $3 million verdict against the group home that was caring for her has filed a motion to "enforce stare decisis" in an effort to get the common pleas judge to proceed with a new trial on punitive damages.
Neil A. Morris of Offit Kurman was appointed as labor counsel for Plainfield Township in Northampton County.
The scene opens with three teenagers in a car. The driver is shifting her eyes back and forth between the roadway and her smartphone as she approaches an intersection. As the driver taps out a text message, a pickup truck comes into view headed toward the same crossroads. The driver runs the stop sign and the rest is left to the viewer's imagination.
Candidates for the Philadelphia Court of Common Pleas who raised substantial amounts for their campaigns in the latest reporting cycle were largely self-funded, according to campaign finance reports.
Federal regulations requiring producers of pornographic material to keep records of their models' ages doesn't violate the First Amendment, but the warrantless searches they authorize do violate the Fourth Amendment, the Third Circuit has ruled.
Federal regulations requiring producers of pornographic material to keep records of their models' ages don't violate the First Amendment, but the warrantless searches they authorize do violate the Fourth Amendment, the Third Circuit has ruled.
The state Supreme Court has agreed to hear arguments over whether the state Superior Court properly tossed a $2.5 million verdict awarded to a man who fell 40 feet from an electrical transmission pole after his lanyard detached from a ladder.
We surely are communicating at record levels in our 24/7, always-on-demand world. As hard as this is to believe for some, many readers of this column can recall the days when one could go home at night and be fairly confident that there would be no interaction with colleagues or clients until the next day (or more, if a weekend were ahead). Yes—no texts, email, cellphones, voicemail, or, as archaic as this seems—not even an answering machine in existence; unless someone came to your home or happened to reach you live on the phone, you were off-limits.