Legal Book » pennsylvania

No Punitives for Talking on Cellphone While Driving, Judge Says

admin — Wed, 08 Feb 2012 07:42:17 +0000

A Pennsylvania trial judge has found that talking on a cellphone while driving is not egregious enough to warrant punitive damages in a car accident case. The state Legislature passed a law that will ban texting while driving when it takes effect later this year, but it doesn’t outlaw talking on a cellphone.

3rd Circuit Upholds State Law Favoring American Steel

Master — Tue, 31 Jan 2012 07:15:24 +0000

Rejecting a Delaware corporation’s arguments, the 3rd Circuit ruled last week that a Pennsylvania state law that mandates that steel used in public works projects be made in the United States is not unconstitutional or pre-empted by the federal Buy American Act.

Pfizer Seeks MDL for Zoloft Birth Defect Cases

Master — Sat, 21 Jan 2012 00:33:24 +0000

In the latest volley by pharmaceutical defendants seeking alternative forums to Pennsylvania state court, drugmaker Pfizer has asked that almost 50 cases that have been removed to the U.S. District Court for the Eastern District of Pennsylvania be consolidated into one multidistrict litigation.

Comments at Attorney Meeting Privileged; Slander Case Tossed

Master — Sat, 14 Jan 2012 06:47:34 +0000

Some harsh words shared between opposing attorneys at a meeting to discuss a case did not rise to defamation, the Pennsylvania Superior Court has ruled, because the meeting was a privileged part of the judicial record in the case.

Court Restores $28 Mil. Punitives Award in HRT Case

Master — Thu, 05 Jan 2012 06:24:04 +0000

The Pennsylvania Superior Court has restored the $28 million in punitive damages a jury awarded to a plaintiff who said drug makers Wyeth and Pharmacia & Upjohn failed to warn her doctor of the risks of breast cancer from using hormonal drugs. The trial judge had reduced the award to $1 million.

DOMA Unconstitutional, DOJ Brief in Cozen Case Says

admin — Wed, 04 Jan 2012 21:02:56 +0000

The U.S. Department of Justice has deemed the Defense of Marriage Act unconstitutional in a brief it filed in a Pennsylvania case regarding whether the wife of a former female Cozen O’Connor partner is able to collect the partner’s profit-sharing plan benefits under federal law.

Test Outlined for Awarding Attorney Fees in Trade Secrets Cases

admin — Tue, 03 Jan 2012 04:34:28 +0000

A Pennsylvania federal judge, in a case of first impression, has adopted a California test to determine whether a party is owed attorney fees and costs for a misappropriation of trade secrets claim that is made in bad faith.

Test Outlined for Awarding Attorney Fees in Trade Secrets Cases

Master — Tue, 03 Jan 2012 04:34:28 +0000

Plaintiffs Score a Pair of Wins in Social Media Decisions

admin — Sat, 24 Dec 2011 03:45:02 +0000

Two Pennsylvania courts have recently denied defense motions asking for access to plaintiffs’ private social media pages, apparently evening the social media scoreboard and giving plaintiffs some much-needed case law to counter a trio of opposing decisions.

No Indemnity for $30 Mil. Copyright Infringement Award

Master — Fri, 23 Dec 2011 02:48:49 +0000

A Pennsylvania judge has ruled that an insurance broker and its employee are not entitled to indemnity under their “advertising injury” coverage for a $30 million judgment levied against them in a federal suit in which they were alleged to have copied language from a rival’s client documents and used it for their own.

Pharma Co. Can’t Bring Antitrust Suit Over Profit-Sharing

Master — Thu, 22 Dec 2011 04:12:28 +0000

The 3rd Circuit has tossed for lack of standing a Delaware pharmaceutical company’s antitrust suit in which it claimed Pennsylvania and Tennessee drugmakers conspired to drive up the price of generic versions of brand-name muscle relaxant Skelaxin.

‘Terrible T-Shirt’ Infringes on ‘Terrible Towel’ Trademark

Master — Wed, 07 Dec 2011 22:43:33 +0000

A federal judge has ruled that a Pennsylvania company’s “Terrible T-Shirt” design infringes on the “Terrible Towel” trademark, a symbol used by Pittsburgh Steelers fans for 35 years, which is owned by nonprofit Allegheny Valley School Foundation and exclusively licensed to the Steelers organization.

Judge: Proskauer Must Face Malpractice Suit in Pa.

admin — Wed, 07 Dec 2011 04:04:27 +0000

As a legal malpractice suit against Buchanan Ingersoll & Rooney works its way through a Pittsburgh court, a judge has ruled that additional defendant Proskauer Rose did enough business in Pennsylvania to withstand questions of general jurisdiction.

Fumo Gets Six More Months in Prison

Master — Sat, 12 Nov 2011 05:07:27 +0000

Former Pennsylvania state Sen.

Settlement Allows Ponzi Scheme Victims to Recoup From ‘Net Winners’

admin — Wed, 02 Nov 2011 20:07:14 +0000

In a case that marks the first time a class has ever been certified under the Pennsylvania Uniform Fraudulent Transfer Act, a federal judge has approved a settlement that allows a group of investors who lost thousands in a Ponzi scheme to recoup money from investors who profited from the scheme.

Judge Asks Parties to Address DOMA in Benefits Row

Master — Wed, 02 Nov 2011 04:17:47 +0000

A federal judge overseeing a dispute over death benefits between the parents and wife of a deceased Cozen O’Connor partner has requested briefing on the question of same-sex marriage, increasing the potential for a determination of the constitutionality of DOMA and a similar Pennsylvania statute.

Allegheny Attorney Suspended for Delivering Drugs to Inmate Client

Master — Thu, 20 Oct 2011 20:57:26 +0000

A Pennsylvania attorney has been suspended from the bar for three years, after being convicted of delivering marijuana to a client in a county jail.

MDJ Removed From Bench Because of Court Absences, Tardiness

Master — Thu, 20 Oct 2011 20:57:25 +0000

The Pennsylvania Court of Judicial Discipline has removed a magisterial district judge from the bench after finding she violated conduct standards and the state constitution by telling staff she would not be coming to court 116 days over a two-year period and, when she did come to court, habitually arriving late.

Justices Asked to End Debate on ‘Mineral’ Definition

Master — Sat, 15 Oct 2011 03:18:19 +0000

The Pennsylvania Supreme Court has been asked to stop a scientific debate over the Marcellus Shale formation before the debate even begins.

Feds Say Charges are Constitutional in Facebook Threat Case

admin — Fri, 14 Oct 2011 04:48:57 +0000

Just days before a Pennsylvania man is scheduled to go on trial for making violent threats on Facebook, federal prosecutors are urging a judge to reject the man’s challenge to the constitutionality of the federal cyberstalking statute.

Appeal in Pennsylvania Mineral Rights Case Could Shake Up Marcellus Gas Drilling

Master — Thu, 13 Oct 2011 07:43:45 +0000

What does a property dispute over a 130-year-old deed in Pennsylvania have to do with the rush to extract untold billions of dollars worth of natural gas from the Marcellus shale? Plenty, if the heirs of a mineral-rights holder get their way in a case that’s before the state’s highest court.

Constitutionality of Facebook Threat Charges Challenged

admin — Mon, 10 Oct 2011 22:04:04 +0000

A Pennsylvania man who was indicted for making violent threats on Facebook is now challenging the constitutionality of the federal cyberstalking statute, arguing that the law criminalizes “pure speech” and is vague and overbroad.

Constitutionality of Facebook Threat Charges Challenged

admin — Mon, 10 Oct 2011 22:04:04 +0000

3rd Circuit Asks for Pa.’s Take On Minority Shareholder Rights

Master — Fri, 30 Sep 2011 05:18:48 +0000

A recent decision by the 3rd Circuit on the issue of the rights of minority shareholders who are unhappy with a merger prompted an outcry from business groups. Now the 3rd Circuit has vacated that decision and agreed to certify the question to the Pennsylvania Supreme Court.

Panel: Emotional Distress Is Distinct Bodily Injury

Master — Wed, 28 Sep 2011 05:43:50 +0000

The Pennsylvania Superior Court has ruled emotional distress from witnessing a family member killed by a car is a distinct bodily injury covered by an automobile insurance policy. The court ruled it fell under the policy definition of “bodily injury,” even though there was no physical injury.