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This Week's Articles on The Legal Intelligencer
Friday, November 6, 2009
Fired Wyo. executive sues medical practice
The Associated Press
CASPER, Wyo. (AP) ? Former Western Medical Associates Chief Executive Officer Richard S. Blauvelt is suing the family practice, saying he was shorted nearly $110,000 owed under his employment contract.
Justices Explore Limits of Immunity For Prosecutors
The National Law Journal
U.S. Supreme Court justices appeared torn Wednesday over whether prosecutors deserve total immunity from lawsuits for their official acts, even when they fabricate evidence in pursuit of a murder indictment and conviction.
PEOPLE IN THE NEWS
The Legal Intelligencer
Events
Key regulations implementing the Site Remediation Reform Act, called one of the most sweeping legislative changes in New Jersey history, go into effect Nov. 7.
SPONSOR SPOTLIGHT
Friday, November 6, 2009
Case backlog prompts Luzerne judge to ask lawyers for help
The Associated Press
A Pennsylvania county down two judges because of a pair of unrelated scandals is asking lawyers to preside over a glut of civil cases.
City to Pay $5.9 Mil. to Settle Strip-Search Claims
The Legal Intelligencer
A federal judge has approved a $5.9 million settlement in the civil rights suit challenging Philadelphia's blanket policy of strip-searching every person admitted into the city's prison system.
Verizon Defeats Billion-Dollar ERISA Class Action Over Lawyer's Typo
The American Lawyer
A former Bell Atlantic in-house lawyer, Barry Peters, had reason to be relieved when Verizon defeated a $1.67 billion ERISA class action Nov. 2.
Judge rejects former Pa. trooper's slaying appeal
The Associated Press
A judge has rejected the appeal of a former state trooper serving life in prison for the slashing death of his live-in girlfriend's estranged husband in western Pennsylvania.
Phila. Lawyers Secure Nearly $6 Mil. in Hunterdon Co., N.J.
The Legal Intelligencer
After a three-week trial, a Hunterdon County, N.J., jury awarded $5.961 million on Oct. 28 to a man who lost use of his right hand because of injuries suffered when tree limbs fell on his vehicle as he drove on a state road.
Ex-Truck Driver Receives $3.4 Mil. Settlement for Highway Accident
The Legal Intelligencer
After truck driver James Schramm dove under his tractor-trailer to avoid being hit by another trucker's rig, his leg was dragged over asphalt and over sheet metal that flew off the other trucker's rig.
Florida widow, hospital settle strangling lawsuit
The Associated Press
DAYTONA BEACH, Fla. (AP) ? A Daytona Beach hospital has agreed to a $200,000 settlement with the widow of a man strangled by a fellow psychiatric patient.
Two Bankruptcy Cases Set to Come Before the U.S. Supreme Court
The Legal Intelligencer
During its current term, the U.S. Supreme Court will hear argument in two critical bankruptcy cases.
Panel Refuses to Expand 'Correction Officer' Definition
The Legal Intelligencer
In a case of first impression, the Commonwealth Court has refused to extend the State Employees' Retirement Code's definition of "correction officer" to grant age 50 superannuation benefits eligibility to all Department of Corrections employees whose jobs require them to come into contact with inmates or to work in correctional facilities.
Flooded With Complaints, EEOC Grows 'More Assertive'
The National Law Journal
It was a chance to consort with the enemy — a powwow with the U.S. Equal Employment Opportunity Commission. And everyone wanted in.
Dembe: FJD May Be Asked to Take Another Budget Hit
The Legal Intelligencer
Just as the Philadelphia court system's budget crisis for this fiscal year seemed to have abated after the General Assembly authorized the city to increase its sales tax, the First Judicial District and other city offices have been asked by the Nutter administration to brace for a second round of cuts in upcoming fiscal years.
Regulation of Lawyers: Is the FTC's Red Flags Rule an Omen?
The Legal Intelligencer
One of the professional responsibility trends we've been thinking about lately is the nationalization, and even globalization, of the practice of law.
Phila. Program Offers Hope, Stability, Rizzo Tells Bar Group
The Legal Intelligencer
The message delivered by all three panelists at the National Bar Association's "Town Hall Meeting" Friday was one of hope and reassurance that there is help at the local, state and federal levels for homeowners facing foreclosure.
Lawyers on the Fast Track Awards Dinner
The Legal Intelligencer
The winners of this year's Lawyers on the Fast Track awards were recently honored at a dinner and reception.
Funeral home owner sued after body found in hearse
The Associated Press
GADSDEN, Ala. (AP) ? The son of a woman whose decomposed body was found in the back of a hearse more than a year after she died has sued the funeral home operator.
Thursday, November 5, 2009
Obama: US must reverse course with Indians
The Associated Press
WASHINGTON (AP) ? Making good on a campaign promise to hold a yearly summit with American Indians, President Barack Obama told tribal leaders Thursday gathered in Washington that he is determined to reverse the federal government's history of marginalizing Indian nations.
PEOPLE IN THE NEWS
The Legal Intelligencer
Events
The Philadelphia Legal Secretaries Association is hosting a "Lunch and Learn" program titled "Intellectual Property: It Pays to be Smart" from 12:30 to 1:30 p.m. Nov. 10 at the offices of Pepper Hamilton, 3000 Two Logan Square, Philadelphia.
Sexual Abuse Suit Against Lawyer Survives Motion to Dismiss
The Legal Intelligencer
A Chester County lawyer who heads an international arts foundation has been accused in a civil lawsuit of sexually abusing a Russian boy whose ballet career he was supporting and allegedly using the threat of cutting off the boy's funding to keep the sexual relationship going from the time the boy was 12 until he was 17.
Ex-Pa. lawmaker tells newspaper he's innocent after all
The Associated Press
Former state lawmaker Frank LaGrotta has told the Pittsburgh Post-Gazette his unpublished memoirs will show he wasn't guilty of conflict-of-interest charges.
Election Firsts in Phila. and Montco; Tradition Holds in Bucks County, Delco
The Legal Intelligencer
In local legal races, history was made Tuesday in Philadelphia and Montgomery counties, while the results in Bucks and Delaware counties were more predictable.
Secrets of the Stars: Looking Outside the Legal Profession for Inspiration
The American Lawyer
It's no secret that the recession has prompted firms to take dramatic steps: delaying new hires, laying off associates and instituting pay cuts.
Justices Order New Trial in Luzerne Co. Defamation Case
The Legal Intelligencer
Writing that two former Luzerne County president judges positioned themselves to control case assignments there, the state Supreme Court has unanimously ruled to grant a new trial in a $3.5 million defamation suit.
Okla. Co. judge to decide on televised trial
The Associated Press
OKLAHOMA CITY (AP) ? An Oklahoma County judge will decide whether to allow cameras inside the courtroom for the trial of a pharmacist charged with first-degree murder.
Women Candidates Dominate Appellate Races Again
The Legal Intelligencer
Republican Joan Orie Melvin captured the single open seat on the state Supreme Court in an election that reflected the outcomes in the other races for seats on Pennsylvania's lower appellate courts.
Practical Advice Regarding Grand Jury Subpoenas
The Legal Intelligencer
This article offers practical advice for professional people (lawyers included) and business executives who are served with a federal grand jury subpoena.
Luzerne Co. Voters Oust Olszewski, Keep Burke
The Legal Intelligencer
Voters in scandal-plagued Luzerne County shied away from a "vote them all out" mentality Tuesday, instead opting to keep one of their judges facing retention while removing the other from office.
N.Y. Lawyer Accused in Galleon Insider Trading Case Has Local Ties
The Legal Intelligencer
While Preet Bharara, the U.S. Attorney for the Southern District of New York, wouldn't name the ringleader of $40 million insider-trading operation outlined in two criminal cases, the SEC said in a joint press conference today a New York lawyer "fueled" the scheme by allegedly divulging information about client deals.
Ark. Supreme Court suspends circuit judge
The Associated Press
LITTLE ROCK, Ark. (AP) ? The Arkansas Supreme Court has suspended an eastern Arkansas judge from the bench until the end of his term in late 2010. The court said L.T. Simes continued to practice law while serving as a circuit judge, in violation of judicial canons.
Wednesday, November 4, 2009
Government agrees to pay $3 million in CIA lawsuit
The Associated Press
WASHINGTON (AP) ? The government has agreed to pay $3 million to a former agent of the Drug Enforcement Administration who sued CIA officers for illegal eavesdropping.
New Suburban Firm Targets Emerging Tech, Life Sciences Companies
The Legal Intelligencer
Three former large firm lawyers who separately had gone out on their own are forming a new suburban firm aimed at working with emerging technology companies.
Calif. debt firm settles Pa. class-action suit
The Associated Press
A California debt collection company has agreed to a $2.55 million judgment to settle a lawsuit brought by thousands of Pennsylvanians who claim they were wrongly led to believe they had to pay costly fees to avoid criminal charges for bouncing checks.
What Have You Done About Employee Use of Facebook and Twitter?
The Legal Intelligencer
A few months ago, I had a blog post about social media policies. I had already developed a few of these policies for clients, as well as our firm?s social media policy.
Cost Control More Important Than Compliance, Survey Shows
The American Lawyer
A study by the Association of Corporate Counsel has found that for the first time in three years, controlling the costs spent on outside counsel is a top priority for in-house legal chiefs.
Ohio Supreme Court sets 2 new execution dates
The Associated Press
COLUMBUS, Ohio (AP) ? The Ohio Supreme Court has set two new execution dates even as the state continues to rework its procedures for putting condemned inmates to death by injection.
Cravath Announces Reduced Bonuses For Junior Lawyers
The American Lawyer
Cravath Swaine & Moore on Monday announced year-end associate bonuses that for the most junior lawyers were at best half of what they received last year.
Montana Court rules in favor of insurance companies
The Associated Press
HELENA, Mont. (AP) ? The Montana Supreme Court has upheld a state law that allows insurance companies to cut off worker's compensation payments when the injured or disabled party is of retirement age.
Toyota Locked in Litigation Over Hybrids
The National Law Journal
In its newest, flower-filled ad campaign, the Toyota Prius is touted as "harmony between man, nature and machine."
Day One of SEPTA Strike: Not So Bad for Phila. Courts
The Legal Intelligencer
It may not have been as sensational a win as the Phillies stopping the New York Yankees' three-game streak Monday night, but the First Judicial District had its own victory Tuesday morning when courtrooms ran smoothly throughout the system despite a SEPTA strike that was called at 3 a.m., leaving court leaders and Philadelphians with almost no notice.
Florida Professor Sues 'Above the Law' Blog for Defamation
The National Law Journal
It's the kind of story that tends to get big play on the legal blog "Above the Law": a prominent University of Miami School of Law professor and civil rights advocate arrested on suspicion of soliciting an undercover officer for sex.
GOP's Joan Orie Melvin elected to Pa. high court
The Legal Intelligencer
Joan Orie Melvin, a fiery Republican who struggled with campaign fundraising, won an open seat on the Pennsylvania Supreme Court in Tuesday's election.
Dejection fills Maine ballroom after marriage vote
The Associated Press
PORTLAND, Maine (AP) ? Maine residents streamed into the polls to have the final say Tuesday on the state's gay marriage law in a closely watched race with national implications. Also on the ballot were two tax referendums and proposals to repeal school district consolidation and expand the state's medical marijuana law.
GOP Women, Led by Orie Melvin, Enjoy Big Election Night
The Legal Intelligencer
Republican Joan Orie Melvin captured the single open seat on the state Supreme Court in an election representative of the outcomes in races for openings on Pennsylvania's lower appellate courts.
Off-Duty Cop Was Not on Duty When Shot, Court Says
The Legal Intelligencer
The Commonwealth Court has affirmed the denial of workers' compensation benefits for an off-duty Philadelphia Housing Authority police officer who claimed he was taking official police action when he was injured in a bar fight.
Off-Duty Cop Was Not on Duty When Shot, Court Says
The Legal Intelligencer
The Commonwealth Court has affirmed the denial of workers' compensation benefits for an off-duty Philadelphia Housing Authority police officer who claimed he was taking official police action when he was injured in a bar fight.
Owners fight credit bid in Philly newspaper sale
The Associated Press
The owners of Philadelphia's two major dailies are waging a late-stage battle to keep the newspapers from creditors in a looming bankruptcy auction.
A Strategy for Monetizing Intellectual Property
The Legal Intelligencer
The recent economic downturn has forced businesses to take a close look at all aspects of their operations, with a critical eye toward maximizing the return on every dollar spent.
PEOPLE IN THE NEWS
The Legal Intelligencer
Events
Pennsylvania Supreme Court Justice Thomas G. Saylor , distinguished jurist in residence at Widener Law , will give a lecture on "The Nature of Judging" at 4:30 p.m. Nov. 9 in room A180 of the administration building, 3800 Vartan Way, Harrisburg.
Tuesday, November 3, 2009
MI judge throws out man's 2001 murder conviction
The Associated Press
DETROIT (AP) ? A judge has thrown out the 2001 murder conviction of a Detroit man after law students discovered evidence that wasn't shared with him at trial.
Law Reviews Seek New Relevancy in Cyberspace
New Jersey Law Journal
The online-only law reviews that sprang up a decade ago at Rutgers law schools in Newark, N.J., and Camden are entering the next stage of the Internet evolution: the blogosphere.
Cemetery appeals $2.1M verdict over handling of remains
The Associated Press
A south-central Pennsylvania cemetery is appealing a $2.1 million civil verdict over allegations that it mishandled a man's remains
Montco Civil Settlement Masters to Be Eliminated
The Legal Intelligencer
As Montgomery County faces a $57.5 million deficit next fiscal year, the Montgomery County Court of Common Pleas has decided to eliminate its 20-year-old settlement master program for civil cases as a cost-savings measure.
Retaliation Claim at Center Stage in Harassment Case
The Legal Intelligencer
As sexual harassment cases go, Seybert v. International Group Inc. doesn't have especially shocking allegations, but the trial that began in U.S. District Court on Monday could nonetheless prove to be legally significant for several reasons.
Sportscaster must pay ex-wife $916,000 a year
The Associated Press
BRIDGEPORT, Connecticut (AP) ? A judge has ordered CBS sportscaster Jim Nantz to pay his ex-wife $916,000 a year in alimony and child support.
Congress Set to Take Aim at Judicial Recusals
The National Law Journal
Congress is preparing to wade into one of the most sensitive of issues for the federal judiciary: when a judge should step aside in a case and who should make that decision.
Penn Law Students See Their Work in Action at SCOTUS
The Legal Intelligencer
For any attorney interested in oral advocacy, litigation and the U.S. Supreme Court, constructing a case for argument before the nation's highest court is the chance of a lifetime -- a chance that has become a reality for a group of third-year University of Pennsylvania Law School students.
Greenberg Traurig Gets 5 Environmental Lawyers From Ballard
The Legal Intelligencer
Greenberg Traurig, which has been deliberate in its growth in Philadelphia since it opened its office here in 1997, has added a five-attorney environmental group from Ballard Spahr.
3rd Circuit Rules Insurer's Failure to Follow Best Practices Not Bad Faith As Matter of Law
The Legal Intelligencer
Last month the 3rd U.S. Circuit Court of Appeals in a slip opinion ruled that an insurer's failure to follow best practices does not give rise to a bad faith claim, affirming a summary judgment in favor of that insurer.
Legal Community Participates in Best Chef Competition
The Legal Intelligencer
Members of the Philadelphia legal community turned out for the "Cooking Up Justice - Best Chef Competition," which helped raise money for the Support Center for Child Advocates.
NJ files suit over Delaware River dredging project
The Associated Press
New Jersey has filed a federal lawsuit against the U.S. Army Corps of Engineers over its plan to deepen the Delaware River shipping channel.
Pa. high court race yields cash, but not clarity
The Associated Press
Pennsylvania voters will be awarding a hotly contested open seat on the state Supreme Court and filling a half-dozen vacancies on the Superior and Commonwealth courts.
Dems Ask to Keep Polls Open Later, Citing SEPTA Strike
The Legal Intelligencer
The Democratic City Committee, Democratic district attorney candidate Seth Williams and the Black Clergy of Philadelphia all have requested that the election court extend the polling hours past 8 p.m. because of the SEPTA strike.
Justices Skeptical of Second-Guessing Fund Advisers' Fees
The National Law Journal
The U.S. Supreme Court appeared wary Monday of second-guessing the fees that mutual funds pay to the investment advisers who run them.
How to Take Action With Under-Utilized Firm Partners
The Legal Intelligencer
The current recession has intensified competition among law firms to attract and retain top partners and associates and has placed greater pressure on managing partners and members of executive committees to face the issues involving the under-utilized partner.
PEOPLE IN THE NEWS
The Legal Intelligencer
Additions
Joshua L. Schwartz has joined Barley Snyder as an associate in the firm's employment law group, representing management and employers in all aspects of labor and employment law and in employment litigation matters before both federal and state courts and administrative agencies.
Monday, November 2, 2009
High court won't review civil rights-era case
The Associated Press
WASHINGTON (AP) ? The Supreme Court has left in place a judge's ruling that allowed prosecutors to charge a reputed Ku Klux Klansman with kidnapping more than 40 years after two black men were abducted and killed in rural Mississippi.
PEOPLE IN THE NEWS
The Legal Intelligencer
Events
The Philadelphia District Attorneys Alumni Association will host the 2009 Raymond J. Harley Award Reception from 6 to 8:30 p.m. Nov. 5 at the Pyramid Club, 1735 Market St., 52nd floor, Philadelphia. Charles Gallagher is this year's honoree.
Court Skeptical of Lawyer's Marriage to Elderly Client
The Recorder
A California appellate court on Wednesday referred a Pacifica, Calif., lawyer to the State Bar for investigation, disturbed that she might have manipulated a now-deceased elderly client into marrying her and changing his trust documents for her benefit.
ACLU criticizes proposed Pa. nuisance ordinance
The Associated Press
A civil liberties group says a central Pennsylvania college town's plan to hold party hosts responsible for any illegal activities of guests would be unconstitutional.
Res Judicata -- A Bar to Recovery Under TILA?
The Legal Intelligencer
A veritable sea of mortgage defaults and the accompanying foreclosure litigation undoubtedly represents a sign of the current economic times.
3rd Circuit: Pittsburgh Abortion Protest Rules Unconstitutional
The Legal Intelligencer
Abortion protesters won a significant court victory Friday when the 3rd U.S. Circuit Court of Appeals ruled that an ordinance passed in 2006 by the city of Pittsburgh is likely to impose too heavy a burden on the protesters' free speech rights.
11th Circuit Mulls Filmmaker's Obscenity Conviction
Fulton County Daily Report
Accounts of a trial last year indicate that the jurors in a Tampa, Fla., courthouse had a hard time dealing with a case requiring they decide whether the producer of sexually explicit movies should be convicted of violating federal obscenity statutes.
20 Must-Read Articles on Social Media Ethics for Lawyers and Judges
The Legal Intelligencer
As an attorney, public relations practitioner and social media enthusiast, I often present social media for lawyers CLE programs.
Supreme Court Candidates Spar Over Campaign Contributions
The Legal Intelligencer
As the campaign for a single open seat on the state Supreme Court entered its final week, campaign contributions became an issue between candidates already trading jabs over judicial reform and the 2005 pay raise.
3rd Circuit Refuses to Decertify Class in Securities Case
The Legal Intelligencer
Chalk up a win for the plaintiffs in the once-again bubbling area of class action certification standards now that the 3rd U.S. Circuit Court of Appeals has refused to decertify a class of investors who claim there were significant misstatements made in the initial public offering of stock for Constar International.
Real Estate and Title Insurance Supplement
The Legal Intelligencer
Click here to view the full text of the November 2 Real Estate and Title Insurance Supplement to The Legal Intelligencer.
Drinker Biddle Makes 2nd Round of Associate Layoffs
The Legal Intelligencer
Drinker Biddle & Reath conducted a second round of associate layoffs -- dropping a reported 22 on Friday -- and is set to inform the remaining associates this week that they will be placed in four levels as opposed to associate classes as the firm moves to a merit-based system.
Disclose, Document, Defer:
The Legal Intelligencer
Economic indicators of late suggest a recovery is in the making. For those lawyers whose practice touches on residential real estate, there is no end in sight to the foreclosure wave.
Beer in PA Supermarkets? When Did the Law Change?
The Legal Intelligencer
If you are like many Pennsylvanians, the Pennsylvania budget impasse, the Phillies' drive toward a second World Series, and the swine flu have dominated your headlines this fall.
Comp Benefits in a Tough Economy, Tonight on 'The American Law Journal'
The Legal Intelligencer
Should a difficult economy affect how employees report -- and how employers respond to -- a work injury?
Former Client Sues Seyfarth Shaw, Claiming Malpractice
The National Law Journal
Supply chain management company PCG Trading LLC is suing Seyfarth Shaw and four of its current and former Boston attorneys for failing to minimize PCG's risk of paying judgments in employment cases brought against Converge Inc. after PCG bought Converge's assets.
Pa. high court race yields cash, but not clarity
The Associated Press
The battle for state Supreme Court that will be decided in Tuesday's election may not have shed much light on the candidates, but it's been a boost for economic recovery in Pennsylvania.
Sometimes It's Okay to Be Different
The Legal Intelligencer
There are 2,566 separate municipalities in the commonwealth of Pennsylvania, each with challenges relating to population, infrastructure, generation of tax revenue and the attraction of a successful and sustainable mix of land uses.
I'm 'Electable' But Not 'Appointable,' McCaffery Says
The Legal Intelligencer
Under the suit, there are tattoos; inside his garage, there are four motorcycles. And before there was a bald head, Pennsylvania Supreme Court Justice Seamus McCaffery had hair down to his shoulders, a beard and an earring.
Court to decide if two-person Labor Board legal
The Associated Press
WASHINGTON (AP) ? The Supreme Court said Monday it will decide whether two people can do the work of five when it comes to resolving labor-management disputes in the workplace.
US court will not stop release of church documents
The Associated Press
WASHINGTON (AP) ? The Supreme Court turned away another appeal to stop the release of documents generated for sexual abuse lawsuits against priests in a Roman Catholic diocese in the northeastern state of Connecticut.
Section 5 of FTC Act on Collision Course With Existing Antitrust Law
The Legal Intelligencer
While antitrust practitioners are familiar with the Federal Trade Commission, most people are not familiar with the specific provisions of the Federal Trade Commission Act.
Title Insurance in Distressed Commercial Real Estate Transactions
The Legal Intelligencer
You would probably agree that we are going to experience an increase in distressed commercial real estate transactions in the upcoming months and into 2010.
