Western PA

Judge Upholds Attorney Fees for Tax Lien Collection

By Max Mitchell |

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.

Court Favors Surveyor Measurement in Taking Case

By Lizzy McLellan |

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.

Court Backs Denial of Coverage in Fatal Dirt Bike Crash

By Lizzy McLellan |

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.

verdicts and settlements

Jury Awards Drone Maker in Patent Case

By Saranac Hale Spencer |

An American drone maker has won $7.8 million in damages from a French competitor that infringed on its patents.

verdicts and settlements

Energy Company Settles Overtime Suit

An oil-and-gas drilling support services company has settled for $1.25 million a class action suit alleging that it failed to pay overtime.

Child Death Case Against Toys R Us Returns to State Court

By P.J. D'Annunzio |

A federal judge has ruled that a suit against Toys R Us, Babies R Us and others involving two children who were killed by a falling dresser can be sent back from federal court to the Beaver County Court of Common Pleas.

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Asbestos 'Any Exposure' Arguments Delve Into Causation

By Max Mitchell |

The crossroads of medical and legal causation of mesothelioma was on display before the state Supreme Court on Wednesday in a case set to determine whether a plaintiff's expert testimony was based on an impermissible "any exposure" theory of causation.

Federal Jury Awards $7.8M in Drone Patent Case

By Saranac Hale Spencer |

An American drone maker has won $7.8 million in damages from a French competitor that infringed on its patents.

verdicts and settlements

Jury Awards Plaintiff In Sex Bias Case

By Saranac Hale Spencer |

A federal jury in Pittsburgh awarded $12.5 million in punitive damages to a woman who was routinely called a "bitch" by her male colleagues at an insulation manufacturing plant in southwest Pennsylvania.

fracking

Workers, Energy Co. Settle Overtime Dispute for $1.25M

By Saranac Hale Spencer |

An oil-and-gas drilling support services company has settled a class action suit alleging that it failed to pay overtime for $1.25 million.

Facebook Firing Case Sent to State Court

By Saranac Hale Spencer |

A man who was fired after posting disparaging comments on his employer's Facebook page has gotten his case sent back to state court.

Jury to Mull Future Damages in Drone Tech Case

By Saranac Hale Spencer |

As a patent dispute between drone makers heads toward trial to determine damages next week, the federal judge handling the case has preserved the question of future damages for the jury.

Pittsburgh Jury Awards $13M in Gender Discrimination Case

By Saranac Hale Spencer |

A federal jury in Pittsburgh awarded $12.5 million in punitive damages to a woman who was routinely called a "bitch" by her male colleagues at an insulation manufacturing plant in southwest Pennsylvania.

Allegheny Judge Defends Fee Award in Life Insurance Case

By Lizzy McLellan |

A common pleas judge who awarded $25,000 in attorney fees for a case with $10,000 in damages has said the amount was reasonable, despite opposite appeals from both parties to the Pennsylvania Superior Court.

Wal-Mart Hit With Two Overtime Suits

By Saranac Hale Spencer |

Two wage-and-hour lawsuits, one brought as a class action and the other as a collective action, are proceeding against Wal-Mart.

Heinz-Kraft Deal Bottles Legal Work for Dozens

By Gina Passarella |

Two of the country's largest food companies have agreed to merge in a deal put into place with the help of dozens of lawyers across four law firms.

Drone Patent Battle Flies Toward Trial

By Saranac Hale Spencer |

A contentious patent dispute between drone makers is heading toward trial to determine damages, since the federal judge handling the case entered default judgment against the defendant as a sanction after months of discovery delays.

A Push by Some for Looser State Rules Over Referral Fees

By Gina Passarella and P.J. D'Annunzio |

A media report earlier this month about law firm emails that purport to show former Justice Seamus P. McCaffery, and not his wife, may have been the one to refer out certain cases while on the bench, has again raised questions about Pennsylvania's comparatively lax referral-fee rules.

Nationwide Let Out of Sewage Spill Case

By P.J. D'Annunzio |

A federal judge has ruled that Nationwide Insurance Co. is not obliged to defend homeowners accused of allowing raw sewage to spew onto a neighboring property.

Chinese Arbitration Award Stands in Mineral Co. Fight

By P.J. D'Annunzio |

A federal judge has ruled that an international arbitration award in favor of a China-based mineral supplier can be enforced upon an American company in a contract dispute.

patent stamp

Jawbone Maker Counterclaims OK'd in Infringement Suit

By Saranac Hale Spencer |

The maker of Jawbone activity trackers, which has been accused of infringing on another company's patents, has brought a counterclaim for inequitable conduct on the patent holder.

Morgan Lewis' Pittsburgh Office Has New MP

By Max Mitchell |

The new managing partner of Morgan, Lewis & Bockius' Pittsburgh office said he is looking to build on the office's steady growth and capitalize on the expanding oil-and-gas-related legal work in the region.

EEOC Suit Against FedEx Moves to Pittsburgh

By Max Mitchell |

A suit against FedEx claiming the company discriminates against deaf package handlers should be moved from Baltimore to Pittsburgh, a federal court has ruled.

Pa. Superior Court Panel Upholds $5 Verdict in Auto Accident Case

By P.J. D'annunzio |

A $5 verdict awarded to a woman who claimed to be injured in an auto accident has been upheld by the state Superior Court, despite her protests that the amount was miniscule.

verdicts and settlements

Plaintiffs Settle Following Tractor-Trailer Pile-up

By Max Mitchell |

According to the plaintiffs' complaint, on Jan. 2, 2012, Fernando Olivas was driving a tractor-trailer owned by J.M. Leasing eastbound along I-80 in Jefferson County, when he passed a slow-moving vehicle in the right lane. The weather had recently become snowy, the complaint said, and, as Olivas attempted to move back into the right lane after passing the slow-moving vehicle, he lost control of the tractor-trailer, which jack-knifed.

Township Need Not Recreate Deleted Phone Data

By Max Mitchell |

A township does not need to hire a forensic expert to recreate deleted phone records to satisfy a right-to-know request, the Commonwealth Court has ruled.

Third Circuit Reverses Obamacare Injunctions

By Saranac Hale Spencer |

The exception from Obamacare's contraceptive mandate for religious organizations is fair, the U.S. Court of Appeals for the Third Circuit has ruled in a reversal of decisions from two federal judges in Pittsburgh.

Takata MDL Packaged and Sent to Florida

By Saranac Hale Spencer |

Nationwide litigation over Takata air bags, which are alleged to explode unprompted, ejecting metal debris, has been consolidated in the Southern District of Florida.

documents

US Judge Holds Off on Notes Clawback Ruling for AG

By Saranac Hale Spencer |

Pennsylvania's Office of the Attorney General wants to claw back 28 pages of lawyer's notes that it accidentally handed over in discovery in a case filed by a former state trooper against the Pennsylvania State Police.

DUI Attorney Loses Driver's License for DUI

By Max Mitchell |

A suspended Pittsburgh attorney who has defended drivers charged with driving under the influence of alcohol will have his driver's license suspended after allegedly driving under the influence of alcohol, the Commonwealth Court has ruled.

Judge Strikes Class Claims Before Certification Motion

By Saranac Hale Spencer |

A federal judge in Pittsburgh has taken the unusual step of tossing the class allegations from a suit brought by neighbors of a coal-fired power plant before they had even moved for class certification.

gavel

First National Bank's $2.6 Million Insurance Case Survives

By Saranac Hale Spencer |

A $2.6 million suit filed by a bank against an insurer has survived a motion to dismiss in federal court in Pittsburgh.

Superior Court Vacates Medical Guardian Appointment

By Lizzy McLellan |

Only a child's parent, legal custodian or the juvenile court may make medical decisions for a dependent child, the Superior Court has ruled in rejecting a decision to appoint a child welfare advocacy organization as a medical guardian.

insurance policy

Injured Party Can File Counterclaim Against Insurer

By Lizzy McLellan |

The Allegheny County Court of Common Pleas has ruled that an injured party can bring a declaratory judgment claim against an insurer directly—if the insurer has already named that party as a defendant in its own claim.

Heinz Squeezed Into Suit Over Packaging

By Saranac Hale Spencer |

Heinz lost its bid for summary judgment in a case alleging that it appropriated someone else's idea for its "dip & squeeze" ketchup container.

Duquesne Says Comment on Professor's Suit Wasn't Defamatory

By Gina Passarella |

Duquesne University has said its statement to the press in the wake of a law professor's discrimination suit was not defamatory despite the professor's amended complaint alleging the contrary.

Antique Map New England

Pa. Federal Judge Sends Software Row to Delaware

By Saranac Hale Spencer |

A dispute over access to custom software and stored data between a company that monitors seismic vibrations and the tech company that built specialized software for it has been sent from federal court in Pittsburgh to federal court in Delaware.

Forest

'Outdoorsman' TV Show Wins in $6M Licensing Dispute

By Max Mitchell |

The grant of summary judgment in a licensing dispute between a hunting and fishing television show and a snack and beverages marketing company has opened the door to a possible award of more than $6 million in the case.

Signing a contract

Insured Can Sue for Negligence Despite Contract

By Lizzy McLellan |

The Pennsylvania Supreme Court has decided that an insured party is not barred from suing an insurer in a tort action simply because a contract exists between the two parties.

Child's Videotaped Testimony Inadmissible, Justices Rule

By Max Mitchell |

Videotaped out-of-court testimony of a 4-year-old that was introduced under the Tender Years Hearsay Act after the child was unresponsive on the witness stand violated the defendant's rights under the confrontation clause of the Sixth Amendment, the state Supreme Court has ruled.

Federal Charges in Pittsburgh for Ugandan Counterfeiting Scheme

By Saranac Hale Spencer |

Charges against an American citizen who has allegedly been making counterfeit money in Uganda have been filed in federal court in Pittsburgh.

US passport and judges court gavel, from above

Federal Judge: Obama's Immigration Action Unconstitutional

By Saranac Hale Spencer |

The executive action on immigration announced by President Obama following the midterm elections last month is unconstitutional, a federal judge in Pittsburgh ruled Tuesday.

picture of man hands signing contract

Child Waiver Still Applies to Injured Adult Skater, Panel Rules

By Lizzy McLellan |

An adult patron of a carpet skate park is not able to sue the business after signing a waiver, even though it was intended for signature by a parent on behalf of a child, the state Superior Court has decided.

Handicapped sign at entrance to a business..photo by Jason Doiy.12-2-09.050-2009

ADA Class Action Plaintiff May Sue Over Unvisited Stores

By Gina Passarella |

A potential class representative in an Americans with Disabilities Act suit against a grocery store chain need not have visited all of the stores at issue to have standing to bring the suit, a Pennsylvania federal magistrate judge has ruled.

Hagens Berman Facing Sanctions in Thalidomide Cases

By Gina Passarella |

A discovery master appointed to sort out attorney sanctions motions in three of the 52 thalidomide cases brought against GSK and others said in his order recommending sanctions that Seattle-based plaintiffs firm Hagens Berman Sobol Shapiro engaged in "bad-faith advocacy."

verdicts and settlements

Jury Sides With Suzuki in ATV Crash Case

By Max Mitchell |

Suzuki will not be held liable for an allegedly defective four-wheeled all-terrain vehicle that flipped onto and severely injured a 14-year-old driver, an Allegheny County jury has determined.

Federal Judge Sends Suit Over Drilling to Arbitration

By Saranac Hale Spencer |

The claims of two couples—who are among several suing oil and gas companies in northeastern Pennsylvania for negligence from the noise, traffic, lights and other disruptions from drilling—have been sent to arbitration by a federal judge.

N.J. Firm Pushes Debt Collection Case to Arbitration

By Saranac Hale Spencer |

A New Jersey debt collection law firm can enforce the arbitration agreement included in a sales contract for a Ford Fiesta that has now been repossessed, a federal magistrate judge has ruled.

Pa. Superior Court Denies Attorney's Quantum Meruit Suit

By Max Mitchell |

The state Superior Court has reaffirmed that attorneys in Pennsylvania cannot seek recovery under a theory of quantum meruit against a lawyer who took over a case initiated by a different attorney.

Western District Rules on Computer Professional FLSA Exemption

By Saranac Hale Spencer |

District courts have split in three directions on how to apply the exemption to the Fair Labor Standards Act for computer professionals and, now, the Western District of Pennsylvania has weighed in.

gavel

Small Taking for Private College's Use Barred as Excessive

By Lizzy McLellan |

Richland Township's attempt to take a small piece of land on behalf of a private university was excessive and should not be permitted, the Allegheny County Court of Common Pleas has ruled.

documents

Lawyers' Strategy in Patent Case Earns a Severe Sanction

By Saranac Hale Spencer |

A federal judge in Pittsburgh entered the extreme sanction of default judgment against a French drone-maker that was facing allegations of patent infringement.

Eckert Seamans Can Stay on in Kids-for-Cash RICO Suit

By Gina Passarella |

A federal judge has denied a motion to disqualify Eckert Seamans Cherin & Mellott from a case between the two former co-owners of the juvenile detention facilities at the heart of the Luzerne County "kids-for-cash" judicial scandal.

verdicts and settlements

Jury Finds High Curb Did Not Cause Fall, Death

On April 2, 2008, plaintiff's decedent Arthur Orlidge, 82, stepped up onto a sidewalk leading into a Giant Eagle grocery store, at 1606 N. Center Ave., in Somerset, Pa., when he fell backward and struck his head on the ground. Orlidge later died from his injuries, on March 24, 2009.

verdicts and settlements

Defendants Fail to Appeal in Case Over Undelivered Cars

By Lizzy McLellan |

A Brooklyn-based corporation that buys and sells automobiles has been ordered to pay $480,925 for failing to deliver two luxury vehicles.

Overall Pennsylvania Bar-Passage Rate for July Test Dipped

By Max Mitchell |

Although some schools saw passage rates for the Pennsylvania bar exam drop by around 10 percentage points, the overall passage rate for the Pennsylvania bar exam's July test saw only a slight drop over last year.

Passenger Can Benefit From Driver's Full Tort Coverage

By Lizzy McLellan |

Thanks to a novel detail in state law, a passenger injured in a car accident is allowed to use the driver's full tort coverage, despite being an insured of her husband's limited tort policy.

Close up of human hands pushing keys of laptop

Internet Chat Transcripts Allowed at Trial

By Saranac Hale Spencer |

Yahoo Messenger chat transcripts, screen captures and videos can be shown at the trial of a man accused of lying in his application for naturalization, a federal judge in Pittsburgh has ruled.

gavel

$80M Indemnification Case Argued Before Pa. Justices

By Max Mitchell |

Two insurance companies' failure to consider negotiating a settlement in the face of a potential billion-dollar loss on behalf of an insured should be sufficient justification for the insured to settle its claims for $80 million without the consent of the carriers, an attorney representing Babcock & Wilcox argued last week before the state Supreme Court.

Insurance Carrier Argues for Broad Leeway to Subrogate

By Max Mitchell |

An insurance carrier should not be left unable to pursue litigation against a third-party tortfeasor if an injured party does not want to file suit, an attorney argued last Wednesday before the state Supreme Court in Pittsburgh.

insurance policy

Parties Argue Over Court's Discretion to Interpret Policy Terms

By Max Mitchell |

Counsel for two restaurant owners told the state Supreme Court in Pittsburgh last week that a nearly 50-year-old case dealing with the definition of an insured in anomnibusinsurance policy's employer liability exemption is being applied too broadly, and the courts should have the discretion to interpret the precise language of the insurance policy at issue.

$3.5 Mil. Russian Bank Hacking Case Survives

By Saranac Hale Spencer |

First Commonwealth Bank's insurance company could still be on the hook for covering a $3.5 million loss after a Russian hacker got access to an energy company executive's account information.

Multimillion-Dollar Insurance Cases Top Justices' Docket

By Max Mitchell |

Two multimillion-dollar insurance cases are expected to highlight the state Supreme Court's oral argument session set to kick off Tuesday in Pittsburgh.

gavel

Putative Class Claims Against Oil and Gas Lease Broker Rejected

By Gina Passarella |

A proposed class of landowners who sued an oil and gas lease pooling company could not show how a transaction fee the company charged was improper, how the company engaged in the unauthorized practice of law or how the assignment of lease rights was a regulated security, the state Superior Court ruled in upholding the dismissal of the case.

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Justices Decline Case on Liability Exception to Skylight Fall

By Max Mitchell |

The state Supreme Court has declined to hear arguments over whether a roofer's suit against a building owner stemming from a fall through a rare, antique skylight should be allowed to proceed under exceptions to the premises liability law.

 Philadelphia

Pittsburgh Lawyer's Defamation Suit Moved From Phila.

By P.J. D'Annunzio |

A Pittsburgh attorney who was falsely called a child molester in fliers cannot keep his defamation suit in Philadelphia, the state Superior Court has ruled, despite his claims that having the case in his home county would damage his reputation.

verdicts and settlements

Allegheny Co. Jury Awards Brain-Injured Woman

By Max Mitchell |

An Allegheny County jury has awarded nearly $16 million to a woman who sustained a severe brain injury in an auto accident while on her way to the rehearsal dinner for her daughter's wedding.

Jury box..Photo by Jason Doiy.2-9-11.054-2011

Allegheny Jury Awards $16 Million in Auto Case

By Max Mitchell |

An Allegheny County jury has awarded nearly $16 million to a woman who sustained a severe brain injury in an auto accident while on her way to the rehearsal dinner for her daughter's wedding.

Judge Rules New Trial for Damages in Email Defamation Case

By Saranac Hale Spencer |

A heavy-equipment dealer that alleged a competitor had torpedoed its impending exclusivity deal with Hyundai by sending an allegedly defamatory eleventh-hour email to the president of Hyundai Construction Equipment Americas won a new trial on damages in federal court in Pittsburgh.

verdicts and settlements

Worker Fired Over Nerve Stimulator, EEOC Claimed

On July 23, 2012, a laborer, whose suit was filed on behalf of plaintiff Equal Employment Opportunity Commission, was hired by MPW Industrial Services Inc., a provider of industrial cleaning, facility management and labor support services, in Dravosburg, Pa.

insurance policy

Contractor Appeals Coverage Denial in Work Injury Case

By P.J. D'Annunzio |

A general contracting company has appealed a ruling that it is not entitled to coverage from a subcontractor's insurer in a job-site accident case because the coverage only applied in instances of vicarious liability.

Citigroup Can't Compel Arbitration in Life Insurance Case

By Saranac Hale Spencer |

A subsidiary of Citigroup failed in its bid to compel arbitration in a life insurance dispute in federal court in Pittsburgh.

Eckert Seamans Responds to Zappala's Disqualification Motion

By Gina Passarella |

Eckert Seamans Cherin & Mellott said it should not be disqualified from representing a "kids-for-cash" scandal defendant in a civil suit when the firm sued that defendant in a civil rights suit on behalf of one of the kids because both parties signed conflict waivers.

verdicts and settlements

Plaintiff Claimed Police Struck Him With Gun

On Dec. 1, 2010, plaintiff Anthony Kenney, a self-employed car detailer in his late 30s, was driving on Federal Street in the North Side of Pittsburgh, when he turned onto Lafayette Avenue and was pulled over by an unmarked police car.

Harrisburg Capitol Building

Health Department Updates Fracking Complaint Process

By John L. Kennedy |

The state Department of Health announced that it has updated its handling of complaints related to fracking in the Marcellus Shale region.

Harrisburg Capitol Building

PUC Appeals Decision Stripping Its Review Authority

By John L. Kennedy |

The Pennsylvania Public Utility Commission appealed a Commonwealth Court ruling that stripped it of its authority to review local government ordinances under the oil and gas law, Act 13 of 2012.

National Labor Relations Board in Washington, D.C.

Federal Judge Expresses Concern Over NLRB Stance

By Saranac Hale Spencer |

Calling out the National Labor Relations Board as moving toward "serving as the litigation arm of the union" rather than enforcing federal labor law, a federal judge granted the NLRB's broad subpoenas of the University of Pittsburgh Medical Center, but stayed their implementation so that UPMC can seek appellate review.

Pittsburgh-Area Diocese Wins Obamacare Injunction

By Saranac Hale Spencer |

The nonprofit organizations related to a suburban Pittsburgh diocese don't have to comply with Obamacare's contraceptive mandate since a federal judge has granted them a permanent injunction.

Recoupment of Benefits Doesn't Imply Financial Hardship

By Max Mitchell |

The city of Pittsburgh's failure to show that reducing a fire captain's workers' compensation benefits would not cause financial hardship does not mean the city cannot reduce the benefits to recoup prior payments, the Commonwealth Court has ruled.

documents

Judge: Shareholders, Not Company, Have Attorney-Client Privilege

By Saranac Hale Spencer |

Because a closely held company and three of its minority shareholders are now at odds, a federal judge must decide which side holds the attorney-client privilege with the law firm that was paid by the company but used by the shareholders.

© Valeriy-Fotolia

Methadone Clinic Gets $270K in Attorney Fees From City

By Saranac Hale Spencer |

A Western Pennsylvania drug rehab center was awarded more than $270,000 in attorney fees from the city of DuBois, Pa., in a case that struck down the municipality's zoning restriction of a methadone clinic.

verdicts and settlements

Jury Sides With Defense in Case Over Eye Injury

On April 30, 2012, plaintiff Patricia Frantz, an event specialist in her 70s, underwent a cataract phacoemulsification with insertion of an intraocular lens to her right eye, which was performed by ophthalmologist Dr. Ramakumar Gounder at The Waterfront Surgery Center in Homestead, Pa.

Court Dismisses Lawyer's Full-Bench Recusal Appeal

By Gina Passarella |

A bankruptcy lawyer whose practice is under review by the Western District of Pennsylvania bankruptcy court has had his appeal for a full-court recusal in all cases involving him dismissed for failure to prosecute.

Jaw Necrosis Claims Against Novartis Winnowed Down

By Gina Passarella |

A Pittsburgh federal judge has reduced the claims against Novartis Pharmaceuticals in three lawsuits alleging the company's drug Zometa caused the plaintiffs' jaws to deteriorate.

$27 Million Awarded in Western Pa. Bankruptcy Court

By Saranac Hale Spencer |

A western Pennsylvania solar panel manufacturer that filed for bankruptcy last year just got a $27 million judgment against a Chinese company that fell through on a deal to acquire the company.

insurance policy

Geico Can't Dodge Bad-Faith UIM Claim

By Saranac Hale Spencer |

A Vietnam veteran's claim that Geico acted in bad faith when handling his underinsured motorist benefits case has survived in federal court in Pittsburgh.

Lawyer Called 'Sociopath' Seeks Judge's Recusal

By Gina Passarella |

A bankruptcy attorney currently under review by the Western District of Pennsylvania bankruptcy court for alleged "systemic" misconduct is appealing a decision of the judge overseeing the review to recuse in only two of the hundreds of cases in which the lawyer is involved.

Erie County Judge Charged With Conduct Violations

By Max Mitchell |

An Erie County Court of Common Pleas judge has been charged by the Judicial Conduct Board with misconduct in connection with several heated exchanges and off-the-bench incidents involving attorneys, witnesses, litigants and court staff.

In Mortgage Case, County Officials' Claims Set for Trial

By Saranac Hale Spencer |

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.

Contraceptive Mandate Hits Religious Objection Wall in U.S. High Ct.

By Saranac Hale Spencer |

Companies like the Mennonite-owned Conestoga Wood Specialties in East Earl, Pa., can't be required to fund female contraceptives due to their religious objections, the U.S. Supreme Court ruled Monday in a decision that could foretell its approach to the next wave of litigation over that portion of Obamacare.

Phila. Archdiocese Denied Contraceptive Mandate Injunction

By Gina Passarella |

Less than a week after a federal judge granted a Pittsburgh-area Catholic diocese a preliminary injunction from the Obamacare contraceptive mandate, a different federal judge in Philadelphia has denied such an injunction to the Catholic Charities of the Archdiocese of Philadelphia.

Suit Over Law Firm's Debt Collection Practices Is Revived

By Saranac Hale Spencer |

A suit over debt collection practices brought against a Philadelphia law firm has been revived by the U.S. Court of Appeals for the Third Circuit.

gavel

Commercial Defendant Sanctioned for Fruitless Settlement Negotiation

By Saranac Hale Spencer |

A federal magistrate judge in Pittsburgh has imposed sanctions on a commercial defendant after a fruitless settlement negotiation.

Third Circuit Tosses PennDOT Qui Tam Lawsuit

By Saranac Hale Spencer |

After having once revived a qui tam suit brought against a Pennsylvania engineering firm, the U.S. Court of Appeals for the Third Circuit has now agreed with the trial court's decision to grant summary judgment to the firm.

Furnace Failure Bad-Faith Case Back Before U.S. District Court

By Saranac Hale Spencer |

Whether the catastrophic failure of a glass manufacturer's furnace was "sudden and accidental" was again before a federal district judge, after it had already been up to the Third Circuit once before.

Football

Football Concussion Suit Against NCAA Gets Green Light

By Saranac Hale Spencer |

Head injuries might be an expected part of playing football, but that doesn't overcome the duty of care that the NCAA owed to student athletes, a federal magistrate judge has decided.

Whistleblowers Win Discovery in Multibillion-Dollar Case

By Saranac Hale Spencer |

Whistleblower claims that a major for-profit education company defrauded the federal government of billions of dollars in student aid must be illuminated through discovery, U.S. District Judge Terrence McVerry of the Western District of Pennsylvania has ruled.

Buchanan Ingersoll Hires PNC Bank's Ex-Deputy General Counsel

By Zack Needles |

Pittsburgh-based Buchanan Ingersoll & Rooney has brought aboard Hank Pool, former deputy general counsel of longtime client PNC Bank, as senior counsel in its financial services practice.

Parent Company Not Liable for Subsidiary's Waste

By Saranac Hale Spencer |

The parent company to a long-defunct railcar manufacturer is neither directly nor derivatively liable for toxic waste left on the grounds of its old manufacturing plant, a federal judge in Pittsburgh has ruled.

housing fees

Mortgage Protection Law Doesn't Extend to Collection Counsel

By Max Mitchell |

The Loan Interest and Protection Act, which prohibits residential mortgage lenders from collecting excessive fees and charges, does not provide a plaintiff a cause of action to sue a lender's attorney for allegedly collecting excessive fees, the state Superior Court has ruled.