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This Week's Articles on The Legal Intelligencer
Monday, November 23, 2009
Is the End (of this Mess) Near?
The Legal Intelligencer
The past year was unprecedented for the legal industry when it came to the spike in tough decisions law firms had to make, but there could be light at the end of the tunnel.
Editor's Note
The Legal Intelligencer
Welcome to the 16th annual PaLAW 2009, our report on the state of the legal profession.
Most Requested Cases
The Legal Intelligencer
These are the most requested case from the Pennsylvania Instant Case Service (PICS).
SPONSOR SPOTLIGHT
Friday, November 20, 2009
Ex-smoker's lawyers to discuss $300M Fla. verdict
The Associated Press
FORT LAUDERDALE, Fla. (AP) ? A former smoker who just won a $300 million verdict in Florida against Philip Morris USA has pulled out of a news conference about the case.
Attorney Anita Hill named to S. Vt. College board
The Associated Press
BENNINGTON, Vt. (AP) ? A Brandeis University professor who rose to national prominence during the 1991 Supreme Court confirmation hearings of Justice Clarence Thomas has been named to the board of trustees of Southern Vermont College in Bennington.
Former Luzerne Judges Win Partial Immunity in Civil Suit
The Legal Intelligencer
Two former Luzerne County judges who face federal criminal charges have been granted partial judicial immunity in a civil suit brought by a class of juveniles who claim in the wake of the Luzerne County judicial scandal their rights were violated.
Judge orders settlement meeting in Cintas case
The Associated Press
TULSA, Okla. (AP) ? A federal judge has ordered a meeting between Cintas Corp. and the widow of a former employee who is suing the company to try to settle her 2007 wrongful death lawsuit.
Mentoring Diverse Associates: We Must 'Walk the Talk'
The Legal Intelligencer
Strong mentoring is essential to associate development. Successful mentoring relationships are crucial to the development and retention of diverse associates. We have heard it repeated over recent years: Without challenging work assignments, good counsel and sponsorship from a partner, associates can become lost in the law firm environment.
Pa. residents sue gas driller over polluted wells
The Associated Press
More than a dozen families have filed suit against one of the nation's largest natural gas drillers after the company polluted their water wells in northeastern Pennsylvania.
Feds want $631K verdict against ex-Steeler Blount
The Associated Press
Federal attorneys want a judge to declare that Pittsburgh Steelers Hall of Famer Mel Blount owes more than $631,000 in back taxes, interest and penalties.
Class Action Over IRS Refund Notice Is Allowed to Proceed
The Legal Intelligencer
Dealing another major setback to the IRS in the ongoing litigation over how it handled a massive $8 billion refund for a now-abandoned telephone excise tax, a federal judge in Harrisburg has refused to dismiss a nationwide class action suit that says the agency's public notices about the availability of the refund violated due process.
GPS Pushes the Line on Public Versus Private
The National Law Journal
Antoine Jones was the target of a cocaine trafficking investigation when federal agents stuck an electronic tracking device on his Jeep Cherokee, secretly following the vehicle's every move for 24 hours a day.
Seventh Circuit Applies Adequacy of Notice in Bankruptcy Case
The Legal Intelligencer
Adequate notice, both in terms of its substantive content and its provision of appropriate time to take action in response, is one of the linchpins of an effective bankruptcy system.
Eastern Pa. lawyer convicted of money laundering
The Associated Press
A high-profile Allentown lawyer accused of hiding $500,000 in income by steering it through several charities has been convicted of money laundering and mail fraud.
Ex-Toyota Attorney Must Arbitrate Claims, Federal Judge Orders
The National Law Journal
A federal judge has ordered that a former in-house lawyer at Toyota Motor Sales USA Inc. must arbitrate claims that the automobile manufacturer hid and destroyed evidence in cases involving victims of rollover accidents.
Justices Allow Wiretap Suit Against Police to Proceed
The Legal Intelligencer
A deeply divided state Supreme Court has allowed a Luzerne County man serving time on a drug conviction to proceed with his suit seeking the removal of several county police officers from their positions under the Wiretapping and Electronic Surveillance Control Act.
Court Mulls Class Decertification in Off-Label Drug Case
The Legal Intelligencer
A class can't be decertified unless there are substantial changes to the facts of a case, nor can it be decertified once a partial ruling has been made as to the merits of the case, an attorney for a class suing over the off-label marketing of epilepsy and neuralgia drug Neurontin argued before the Pennsylvania Superior Court in Philadelphia Wednesday.
Philadelphia Jury Awards $1.2 Million in Baby's Death
The Legal Intelligencer
A Philadelphia jury awarded a $1.2 million verdict to the parents of a baby with multiple congenital defects who died while hospitalized at Children's Hospital of Philadelphia in 2006.
Court: Organizer of 'Club' Deriding Co-Worker Properly Fired
New York Law Journal
A New York appeals court has upheld the dismissal of a county worker who helped organize an on-the-job "club," dubbed the "I Hate Teena Club," to show her disdain for a co-worker.
PEOPLE IN THE NEWS
The Legal Intelligencer
Events
Next month, Reed Smith will host a pharmaceutical, medical device and life sciences antitrust seminar, featuring a keynote address and question and answer session with Richard Feinstein , director of the Federal Trade Commission 's bureau of competition.
Thursday, November 19, 2009
The Philadelphia Association of Paralegals Calendar of Events for December
The Legal Intelligencer
Click the headline above to view December's events.
First assistant now acting U.S. Attorney in W. Pa.
The Associated Press
The former first assistant prosecutor is now the interim U.S. Attorney in Pittsburgh.
Expenses Fall, But Revenue Falls Faster For Smaller Firms
The National Law Journal
Smaller and midsized law firms have been able to reduce expenses -- but revenues have declined faster than their ability to trim costs.
Court Mulls Bar to Tort Claim for Contractor Who Got WC Benefits
The Legal Intelligencer
An independent contractor for a trucking company who was required to join the company's workers' compensation pool shouldn't be barred under the Workers' Compensation Act from bringing a tort claim against the company because he wasn't an employee, his attorney argued before a Superior Court panel in Philadelphia Wednesday.
Kessler Goes Before Congress Today for Spot on U.S. Board
The Legal Intelligencer
Alan Kessler's Senate confirmation hearing today may not be as closely followed or contentious as U.S. Supreme Court Justice Sonia Sotomayor's, but the board he's trying to keep a seat on is facing substantial, national challenges that will keep the Duane Morris partner's docket quite busy.
4 for the 4th Circuit
The National Law Journal
The 4th U.S. Circuit Court of Appeals has emerged as a top priority for President Obama as he selects new federal judges, accounting for a third of his circuit court nominees so far.
Ex-chief justice's Pa. casino group draws scrutiny
The Associated Press
A state lawmaker is questioning why a casino industry association in Pennsylvania that is headed by a former state Supreme Court chief justice is not registered as a lobbying group, despite its apparent attempts to influence debate on gambling legislation.
Miss. district seeks to keep student suspended
The Associated Press
JACKSON, Miss. (AP) ? The DeSoto County Public School District has asked a federal judge to reject the ACLU's request to lift the indefinite suspension of a student who was accused of using gang signs during a school assembly.
A 'Window on the World' and the World's 'Window on Us'
The Legal Intelligencer
It's no great revelation that the Web site has become one of the main marketing tools for law firms and the go-to source of law firm information for many clients, but while a vast majority of firms have some sort of Web presence, not all of them know how to make the most of it.
Courtroom CSI: A New Look at Multimedia in the Courtroom
The Legal Intelligencer
Is it possible to fit your trial in the palm of your hand? My answer is yes, but that may vary from firm to firm. We all know that technology has changed the face of a normal trial. Trials move at a quicker pace, and the incorporation of audio and visual equipment has made the average trial more exciting.
Common Law Challenges to Greenhouse Gas Emissions
The Legal Intelligencer
In 2007, the U.S. Supreme Court held that the EPA had the legal authority to regulate carbon dioxide and other greenhouse gases as pollutants under the Clean Air Act in Massachusetts v. EPA.
Jury Awards $15 Million in Class Action Against Hartford Insurance Co.
ALM
A Stamford, Conn., jury on Tuesday returned a $15 million verdict in a class action brought by auto body shops against The Hartford Insurance Co., which was accused of shutting out independent appraisers and violating unfair trade practice laws.
Former Senate Majority Leader Daschle Joins DLA Piper
The National Law Journal
Former Sen. Tom Daschle is leaving Alston & Bird to join DLA Piper in a deal that was finalized late Tuesday, both Daschle and DLA Piper officials confirmed.
Lawsuit targets Delaware River dredging project
The Associated Press
Five environmental groups have filed legal challenges to the U.S. Army Corps of Engineers' plan to deepen the Delaware River shipping channel.
Church Too Hasty in Seeking Refuge From Zoning Rules, Judge Says
The Legal Intelligencer
A Montgomery County church that says it was threatened with zoning and fire code citations if it opened its doors to the homeless on cold nights has lost its bid for an injunction now that a federal judge has declared that the suit is not ripe for judicial review.
NY court: Married gay couples entitled to benefits
The Associated Press
ALBANY, N.Y. (AP) ? New York's top court on Thursday rejected a Christian legal group's challenge to some government benefits provided to same-sex couples legally married elsewhere and now living in New York.
PEOPLE IN THE NEWS
The Legal Intelligencer
Additions
Daniel P. Martz , Barbara S. Magers and Marie C. Plyter have joined Christie Pabarue Mortensen & Young 's health and sciences defense group.
Guard who spoke about shooting Obama sentenced
The Associated Press
NEWARK, N.J. (AP) ? A Newark Liberty International Airport security guard overheard talking about shooting President Barack Obama will be released from jail.
Wednesday, November 18, 2009
Ark. appeals court upholds seizing Alamo children
The Associated Press
LITTLE ROCK, Ark. (AP) ? The Arkansas Court of Appeals has ruled that state child-welfare officials properly seized children from the Tony Alamo Christian Ministries after a police raid.
Roanoke can take private property for complex
The Associated Press
ROANOKE, Va. (AP) ? A judge in Roanoke is allowing the city to condemn private property to make room for a new medical complex.
PEOPLE IN THE NEWS
The Legal Intelligencer
Event
Philadelphia will celebrate its own version of "Dancing with the Stars" as Mayor Michael Nutter performs the fox trot with his wife, Lisa, City Solicitor Shelley Smith dances the salsa with a professional partner from Society Hill Dance Academy and Philadelphia Bar Association Chancellor Sayde Ladov performs the tango with her husband, David.
Auction of Philly newspaper company put on hold
The Associated Press
A bankruptcy auction of the company that publishes The Philadelphia Inquirer and Philadelphia Daily News has been postponed while creditors appeal a key ruling.
Pa. woman can't re-sue Ernst & Young for $103M
The Associated Press
A federal appeals court says a western Pennsylvania woman isn't entitled to a new trial on her claim that an accounting error by Ernst & Young cost her $103 million.
Former aide to Fumo gets probation for fraud
The Associated Press
A longtime secretary to former Pennsylvania state Sen. Vincent Fumo has been sentenced to four years of probation for defrauding the state.
Superior Court election recount gets under way
The Associated Press
A statewide recount of ballots cast for Pennsylvania's Superior Court in the election held earlier this month is under way.
New Justice Stands Out as Frequent, Tough Questioner
The National Law Journal
Bryan Stevenson, a superhero in the pantheon of the liberal public interest bar, was standing before the U.S. Supreme Court on Nov. 9, arguing against life in prison without parole for juvenile offenders.
Chevron Files Malicious Prosecution Lawsuit Against Lawyer
The American Lawyer
Chevron is suing one of the architects of a massive environmental torts case against the company for his role in filing a separate civil suit against the energy giant in April 2006.
Judges Join Philadelphia Court's E-Filing System
The Legal Intelligencer
Electronic filing has been mandatory for lawyers and pro se litigants in the Philadelphia Court of Common Pleas' civil trial division for more than 10 months, and now some of the judges' output is being sent electronically to e-filing users.
Pa., N.J. Federal Courts Greenlight Class Actions Over Gift Card Fees
The Legal Intelligencer
In a major setback for banks, federal judges in Pennsylvania and New Jersey have refused to dismiss a pair of class action consumer suits against TD Bank over allegedly deceptive practices used to market gift cards.
Another Am Law IP Partner Leaves for Plaintiff Pastures
The American Lawyer
It seems large plaintiffs firms aren't done recruiting patent lawyers to their ranks. New York's Bernstein Litowitz Berger & Grossmann announced late last week that former Wolf Block and Cozen O'Connor IP partner Joshua Raskin is joining the firm.
New Barnes Foundation GC Has Longtime Ties to Art World
The Legal Intelligencer
Less than a week after the Barnes Foundation broke ground for its new home in Philadelphia, it brings something else to the city -- a new general counsel.
Revised Regulations Affect Practice Before WCJs and WCAB
The Legal Intelligencer
On Aug. 20, the Independent Regulatory Review Commission approved revised regulations from the Department of Labor and Industry, which significantly impact the practice and procedure before the Bureau of Workers' Compensation, Workers' Compensation Appeal Board and the workers' compensation judges with respect to the Pennsylvania Workers' Compensation Act.
Inflation slump bars raises for Pa. judges
The Associated Press
Pennsylvania legislators, judges and top state officials won't be getting the automatic cost-of-living salary increases this year that they usually enjoy.
Family Business Planning in High Gear
The Legal Intelligencer
The combination of continued low interest rates, a struggling economy and uncertainty about taxes makes planning important right now.
Justices Uphold Award Over Medical Records Overcharge
The Legal Intelligencer
The state Supreme Court upheld a nearly $600,000 award for a class of lawyers and law firms who claimed they were overcharged for copies of electronic medical records under the Medical Records Act.
Obama: Professed 9/11 mastermind will be convicted
The Associated Press
WASHINGTON (AP) ? President Barack Obama predicted that professed Sept. 11 mastermind Khalid Sheikh Mohammed will be convicted and executed as Attorney General Eric Holder proclaimed: "Failure is not an option."
Some CJD Judges Hint at Restoring Lokuta to Luzerne County Bench
The Legal Intelligencer
When former Luzerne County Judge Ann H. Lokuta and her lawyers walked into a Harrisburg courtroom Tuesday, they had little expectation that the court might consider restoring the embattled jurist to the office from which she was removed nearly a year ago.
Tuesday, November 17, 2009
US seeks max prison terms in Sears Tower plot
The Associated Press
MIAMI (AP) ? Federal prosecutors in Miami want the maximum prison sentences imposed on five men convicted of plotting to destroy Chicago's Sears Tower and bomb FBI offices.
Impact of E-mails Hard to Weigh in Harassment Case
The Legal Intelligencer
The recent verdict in Seybert v. International Group Inc., a sexual harassment and retaliation case, was swift and simple. The jury foreman just said "no" three times.
3rd Circuit helps Pa. man fighting murder conviction
The Associated Press
The lawyer for a man who maintains he was wrongfully convicted of a 1977 double murder in western Pennsylvania says a federal appeals court in Philadelphia has given him hope.
Holiday Parties: Keeping Expenses Low and Deductibility High
The Legal Intelligencer
The economy isn't giving us a lot to cheer about this holiday season ... and it could get worse. This year, more companies are saying no to an annual tradition: the office holiday party.
Idaho parents get $1M settlement in child's death
The Associated Press
TWIN FALLS, Idaho (AP) ? The parents of a 15-month-old boy who died after he stopped breathing at Happy Feet Day Care have won a court settlement of more than $1 million.
Stevens & Lee Adds Outsider as Firm Vice Chairman
The Legal Intelligencer
Stevens & Lee has never quite followed the traditional model of its Am Law 200 counterparts in terms of location, leverage, practice focus or much else for that matter.
Shingle Hanging 101: Is It the Right Time?
The Legal Intelligencer
My story is not very different than the next one. The difference is that I have chosen to share it. Through this column, I hope to influence at least one person who feels or has felt the same way I did to not only do something about it, but to do something about it today. Now is the right time!
Hasan Case to Spotlight Military Justice System
The National Law Journal
Lawyers involved in the court-martial of the man accused of killing 13 people at Fort Hood, Texas, will shoulder incredible pressure from inside and outside the military to get it right, experts on military law say.
Judge Diane Welsh Details Qualities That Distinguish Successful Women -- Part II
The Legal Intelligencer
Judge Diane Welsh shared some strategies for success at 2009 Pennsylvania Bar Association Commission on Women in the Profession Annual Retreat.
Alito Praises Sotomayor's Confirmation Promise of Fidelity to the Law
The National Law Journal
In a speech to the Federalist Society Thursday as part of its annual conference, Supreme Court Justice Samuel Alito Jr. spoke of the importance of judges interpreting "what the law is and not what it should be."
Terror Cases Don't Belong in Federal Court, Mukasey Says
The National Law Journal
Former Attorney General Michael Mukasey on Friday afternoon criticized the Justice Department for its decision to prosecute five terror suspects in federal district court in Manhattan, calling the move "unwise" and saying it risks creating sweeping new law that will affect routine criminal cases.
Unleash the Brand
The Legal Intelligencer
Branding -- once considered the key mission of law firm marketing efforts -- is now more appropriately viewed as a means to achieve the desired result: developing business.
Govt may get billions under Forbes' divorce decree
The Associated Press
BRIDGEPORT, Conn. (AP) ? The federal government might get to collect billions of dollars in court-ordered restitution under a new divorce decree between imprisoned former Cendant Corp. chairman Walter Forbes and his wife of 27 years.
Justices Agree to Hear Dentist's Cross-Appeal in $4 Mil. Case
The Legal Intelligencer
A second appeal over a $4 million jury verdict awarded to a former University of Pennsylvania dentist will be heard now that the state Supreme Court granted a cross-petition for allocatur filed by the dentist against the university.
Open Door Not Grounds for Search, Superior Court Rules
The Legal Intelligencer
A home's open door on a stormy spring evening was not an invitation for police to search the premises, the state Superior Court has ruled.
Perzel, back in Capitol after arrest, mulls future
The Associated Press
A former speaker of the Pennsylvania House of Representatives says he hasn't decided whether to serve out the year remaining in his current term or seek re-election while he fights corruption charges filed against him last week.
PEOPLE IN THE NEWS
The Legal Intelligencer
Event
The constitutionality of capital punishment -- and the risk of executing innocent individuals -- will be among the topics covered in an upcoming talk presented by the Federalist Society on Widener Law 's Harrisburg campus.
High Court Won't Hear Challenge to Redskins Name
The National Law Journal
Without comment, the Supreme Court on Monday morning denied review in Harjo v. Pro-Football Inc., a challenge brought by Native Americans who assert that the name of the Washington Redskins is offensive and should be denied trademark status.
Monday, November 16, 2009
Lawsuit Alleges Rolling Stone Misappropriated Indie Bands' Names
The Recorder
Fending off accusations it misappropriated the names of more than 185 indie rockers to promote cigarettes, Rolling Stone magazine on Thursday appeared to have one appellate justice solidly in its corner.
Study: W.Va. judiciary needs new appeals court
The Associated Press
CHARLESTON, W.Va. (AP) ? West Virginia needs a midlevel appeals court, and should offer public funding to candidates for one of the two state Supreme Court seats up in 2012, a study commissioned by Gov. Joe Manchin has concluded.
Supreme Court Action
The Associated Press
WASHINGTON (AP) ? The Supreme Court will decide whether Billy Joe Magwood should be put to death for fatally shooting an Alabama sheriff 30 years ago.
First-Ever Recount Set to Determine Last Superior Ct. Spot
The Legal Intelligencer
The first statewide vote recount in Pennsylvanian history will start this week in the state Superior Court race. The recount will determine the final winner of four open seats.
Landlord Can't Amend Complaint After Confessing Judgment Against Tenant
The Legal Intelligencer
As the country continues to suffer from the recession, commercial landlords throughout Pennsylvania are being forced to deal with defaulting tenants who are thus unable to meet their financial lease obligations.
Businesses Tackle Consumer 'Gripe' Web Sites
New York Law Journal
Even the best run companies occasionally have dissatisfied customers. Traditionally, a customer dispute was commenced -- and on most occasions concluded -- in private, whether through phone calls, letters or even with the aid of an uninterested, third-party mediator.
Prisons chief: Parole ban worsened inmate crowding
The Associated Press
Pennsylvania's corrections chief says last year's temporary moratorium on parole compounded the prison overcrowding that may force the state to board hundreds of inmates in other states.
A U-Turn to Avoid Regulatory Roadblocks
The Legal Intelligencer
Just as signs of life are emerging from the deal market with credit thawing and companies peeking out from their protective shells, word came two weeks ago that one deal was thwarted over additional requests from the Federal Trade Commission.
After 18 Years, Murder Conviction Overturned
New York Law Journal
A man has been imprisoned for 18 years for a murder he did not commit, a judge in Manhattan found Thursday morning.
Federal Judge Recuses From Suit Over Faux Firm Web Site
New Jersey Law Journal
The federal judge assigned to Levinson Axelrod's suit against an ex-associate over his "Levinson Axelrod Really Sucks" gripe site decided to take herself off the case last Monday, even before the defendant asked her to do so.
Reed Smith to Ask Nonequity Partners for Chunk of Salary
The American Lawyer
Reed Smith will ask its roughly 300 nonequity partners to contribute a percentage of their base pay -- likely about 15 percent -- to the firm in order to maintain their partnership status, Gregory Jordan, the firm's chairman, confirmed.
Ga. Judge Holds DA in Contempt for Hallway Confrontation
Fulton County Daily Report
A disagreement between a judge and a senior assistant prosecutor last month erupted on Thursday into a heated confrontation in a back hallway of the Fulton County Courthouse between the judge and the district attorney.
PEOPLE IN THE NEWS
The Legal Intelligencer
Speakers
Labor and employment law attorney Neil A. Morris of Archer & Greiner presented a workshop titled "The Public Employer and Computer Privacy" at the annual Solicitors Seminar sponsored by the Pennsylvania State Association of Township Supervisors .
Gregory Craig Resigns as White House Counsel
The National Law Journal
Gregory Craig is stepping down as White House Counsel and will be replaced by Perkins Coie partner Robert Bauer, the White House announced Friday morning.
Gitmo detainee challenges judge who halted case
The Associated Press
WASHINGTON (AP) ? A man from Tajikistan seeking his freedom from the U.S. military prison at Guantanamo Bay, Cuba, is challenging a practice among federal judges at the U.S. Courthouse in Washington who in some instances are short-circuiting the cases of longtime detainees.
Saturday, November 14, 2009
Western Pa. county names first female DA
The Associated Press
A western Pennsylvania county will have its first female district attorney in January.
No recusal by Pa. judge in child starvation appeal
The Associated Press
A western Pennsylvania judge has declined a defense request to step aside rather than hear a death row inmate's appeal in the starvation death of her 7-year-old daughter a decade ago.
