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					TLI BUDGET
How to use the budget: Keep it in MS Word. Open the file, see what stories need to be
edited, put your initials at the end of the budget entry with the time you started to the left
of your initials and an * to the right of your initials. Close the budget. Open the story/
article to edit it. Once you've finished editing the article, return to this file, remove the *
(to signal you're done with a story), and replace it with the time you finished editing the
story. Pick up another story. Stories are in g:\editor.

Friday, Sept. 18
Contributed:
Litigation: By Stephen Finley lit0918
Bankruptcy Update:

Regional:

Zack: Nelson Levine de Luca & Horst has opened a new office in Denver with the
addition of three Cozen O’Connor attorneys. The Blue Bell, Pa.-based insurance boutique
has now claimed six Cozen O’Connor lawyers in a little over a year. Denver0918

Gina: The state Supreme Court will take a look at how $4 million in damages were
calculated for a former Penn professor who said the university failed to pay him future
profits on a dental clinic he helped form and run. The justices granted allocatur
Wednesday limited to the question of whether damages for future income calculated as
part of a business’ profits should be discounted to present value. Helpin0918




.
Thursday, July 30
Contributed:

Commentary(pickup from NLJ): By JoAnne Epps commentary 0730
Workers’ Comp Update: By Daniel Diloretto wc0730

Regional

Amaris: The five law students hail from as far as Miami and Brooklyn, and they couldn’t
place suburban Montgomery County, Pennsylvania, on a map. But after the inaugural
summer of the Montgomery Bar Association’s internship program for first-year law
students from diverse backgrounds, Montgomery County is now on the five law students’
personal maps for their future law careers. 1Lsummerprogram0723

Zack: While some Big Law leaders and recruiters seem to think that a closed-
compensation model is the best fit for large firms, midsized firm leaders appear to have a
very different philosophy. Comp0730

Shannon: Police officers can be held liable for a murder under the "state-created danger"
theory, a federal judge has ruled, if the officers failed to confiscate a gun when serving a
protection from abuse order on a man who had made death threats against his girlfriend
and her family. Police0730
Fri. Jan.1
Contributed:
Bankruptcy Update: By Myron Bloom bu0102
Professional Conduct: By Michael Hayes and Ellen Brotman pc0102




Regional

By Michael Riccardi (year in review): As Chief Justice Ronald D. Castille took the
helm of the state Supreme Court, it was in a period of massive turnover. The high court
took on three new associate justices in 2008, and by the end of the year it was still
unclear what direction those new faces would take the court. sc_yearinreview

By Gina Passarella:
A Philadelphia jury has rendered a $3 million verdict this month to a union worker for
injuries suffered from a slip and fall on a job site at Council Rock High School.
Ballentine1229



  By Amaris Elliott-Engel: A Philadelphia judge has asked the state Superior Court to
uphold several of his rulings dismissing the claims of plaintiffs who allege that the
manufacturer of their hormone replacement therapy drugs are liable for their breast
cancer.
. Wyeth0102

Mon. Jan.5
Contributed:
Antitrust Law: By Carl W. Hittinger and Lesli C. Esposito al0105

Real Estate: By Harper Dimmerman




Regional


By Zack Needles: The state Superior Court has upheld Delaware County Judge Charles
B. Burr II’s dismissal of a derivative suit and ruling that outside counsel can take the lead
in an investigation conducted by a company’s special committee. Committee0105


By Shannon Duffy (year in review): The cursing client who couldn’t be controlled, the
trespassing teens atop the trains, the phenomenal fees for the Fen-Phen lawyers, and the
sitting state Senator on trial. Those were some of the more colorful subjects in the
headlines of 2008 generated by cases in the Eastern District of Pennsylvania federal
court. edpa_eoy0105

Amaris: Montgomery County Correctional Facility Warden Julio M. Algarin wants his
current prison expansion to be the last the county ever builds. Like many other
correctional facilities in the country, the Montgomery County Correctional Facility is
overcrowded with inmates. Like many other prison systems with ever-increasing
numbers of prisoners, the county is planning a prison expansion project.
But county leaders are also undertaking several management innovations to decrease the
number of nonviolent inmates within the facility. Montcoprison0105

Tues. Jan.6
Contributed:
Capital Gains: By Michael A. Gillen and Steven M. Packer cg0106

Commentary: By Lynn A. Marks and Shira J. Goodman comm0106




Regional
Amaris: Montgomery County Correctional Facility Warden Julio M. Algarin wants his
current prison expansion to be the last the county ever builds. Like many other
correctional facilities in the country, the Montgomery County Correctional Facility is
overcrowded with inmates. Like many other prison systems with ever-increasing
numbers of prisoners, the county is planning a prison expansion project.
But county leaders are also undertaking several management innovations to decrease the
number of nonviolent inmates within the facility. Montcoprison0105

Amaris2: Philadelphia's civil e-filing system became mandatory Monday. Efiling0106

Amaris3): A Philadelphia judge makes her complete ruling over Mayor Michael Nutter's
plan to cut 14 library branches. library0106

Zack: Is West Virginia 2009’s new hotspot for Pennsylvania law firm growth? Though it
may be too soon to tell, Philadelphia-based plaintiffs firm Anapol Schwarz and
Pittsburgh-based general practice firm Eckert Seamans Cherin & Mellott both announced
new West Virginia offices at the beginning of the year. WestVA0106


Wed. Jan.7
Contributed:
Corp. Counsel: By Ann Miller cc0107

Litigation: By Stephen A. Feldman lit0107
Regional
Amaris: Montgomery County Correctional Facility Warden Julio M. Algarin wants his
current prison expansion to be the last the county ever builds. Like many other
correctional facilities in the country, the Montgomery County Correctional Facility is
overcrowded with inmates. Like many other prison systems with ever-increasing
numbers of prisoners, the county is planning a prison expansion project.
But county leaders are also undertaking several management innovations to decrease the
number of nonviolent inmates within the facility. Montcoprison0105

Zack: Is West Virginia 2009’s new hotspot for Pennsylvania law firm growth? Though it
may be too soon to tell, Philadelphia-based plaintiffs firm Anapol Schwarz and
Pittsburgh-based general practice firm Eckert Seamans Cherin & Mellott both announced
new West Virginia offices at the beginning of the year. WestVA0106

Pete: A pitched battle has erupted in Luzerne County between members of the judiciary
and the county commissioners, who adopted a budget last month that eliminates funding
for an estimated 56 court-related employees. Luzerne0107

Thurs. Jan.8
Contributed:
Health Care Law: By Vasilios J. Kalogredis hc0108
Law Firm Management:By Joel Rose lfm0108


Regional
Amaris: Montgomery County Correctional Facility Warden Julio M. Algarin wants his
current prison expansion to be the last the county ever builds. Like many other
correctional facilities in the country, the Montgomery County Correctional Facility is
overcrowded with inmates. Like many other prison systems with ever-increasing
numbers of prisoners, the county is planning a prison expansion project.
But county leaders are also undertaking several management innovations to decrease the
number of nonviolent inmates within the facility. Montcoprison0105


Zack: Morgan Lewis & Bockius has announced it will be switching to merit-based
associate bonuses in 2009. Legal blog Above the Law has reported that the firm is doing
away with its requirement that associates log 2,000 billable hours in order to receive a
bonus as well as any promises that reaching that mark will ensure a bonus. Merit0108


Gina: Former judges and politicians are put on law firm payrolls for a reason - and it
isn’t always their legal expertise. Understanding of a court system or government agency
coupled with a strong Rolodex can help bring in business and most industry insiders see
that as an ethical reality of the business world — legal, political or otherwise.
Testimony coming out of former state Sen. Vincent J. Fumo’s corruption trial this week
brought to the surface a very well known fact of life in the Philadelphia legal community
— the political and legal circles are heavily intertwined. And while the scenarios
portrayed at the trial by a former Verizon executive — who said Fumo tried to get the
company to give legal work to a number of different firms as part of an off-the-books
settlement of a lawsuit Fumo had against Verizon — were viewed as much more overt
than typical town dealings, industry insiders saw nothing wrong with a relationship-based
business culture. Lawpol0108

Friday. Jan. 9
Contributed:

Litigation: By John S. Summers and Michael D. Gadarian lit0109

Business of Law: By Susan Letterman White lfm0109

Regional

Gina: Labor and employment and IP attorneys expect to be busy with negotiations and
litigation over non-compete and non-piracy agreements, but questions exist as to whether
companies can afford to enforce the agreements and how lenient courts will be with
employees in these tough times. Noncompete0109

Zack: Lansdale, Pa. firm Hamburg Rubin Mullin Maxwell & Lupin and Langhorne, Pa.
firm Begley Carlin & Mandio have both announced mergers with smaller practices.
According to some legal experts, these could be just two of many more to come as the
economy drives more and more small firms and solo practitioners to seek out alliances
with larger firms in hopes of saving costs and obtaining a bit more financial security.
Mergers0109

Amaris: Philadelphia’s incoming Municipal Court president judge might be a litigator at
heart, but Judge Marsha H. Neifield will be taking on the administrative duties of one of
the busiest courthouses in the United States later this month.neifield0109
Monday. Jan. 12
Contributed:

Appellate Law: By Howard Bashman al0112
Law Office Technology: By Edward Grub Grubb lot0112

Regional

Gina: Labor and employment and IP attorneys expect to be busy with negotiations and
litigation over non-compete and non-piracy agreements, but questions exist as to whether
companies can afford to enforce the agreements and how lenient courts will be with
employees in these tough times. Noncompete0109
Zack: A PennDOT worker who was injured when a contracted electrician he was
supervising backed a truck into him has reached a $3.8 million settlement with the
driver’s employer. Cook0112

Gina 2: (Embargoed for Monday in print – no web Friday!) After only nine months at
Hangley Aronchick Segal & Pudlin, where M. Norman Goldberger said he joined from
Wolf Block because he wanted a smaller firm environment, the prominent litigator is
moving to the even larger firm of Ballard Spahr Andrews & Ingersoll. Goldberger, who is
making the move with three other attorneys who had left Wolf Block for litigation
boutique Hangley Aronchick at the same time, emphasized the move was purely because
of opportunities presented by Ballard Spahr.

Amaris: As the Montgomery Bar Association celebrates its 125th year in existence, the
association’s new president promises the bar association will give value back to its
members and make their practices more successful. Kearney0110
Tuesday. Jan. 13
Contributed:

Capital Gains: By Michael J. Molder cg0113
Eastern District Practice: By Peter Vaira ed0113


Regional

Zack: A PennDOT worker who was injured when a contracted electrician he was
supervising backed a truck into him has reached a $3.8 million settlement with the
driver’s employer. Cook0112


Zack2 (brief): Richard Schiffrin, co-founder of the class action firm formerly known as
Schiffrin Barroway Topaz & Kessler, has resurfaced as of counsel at New York litigation
boutique Grant & Eisenhofer after less than a year in retirement. Schiffrin0113

Amaris: As the Montgomery Bar Association celebrates its 125th year in existence, the
association’s new president promises the bar association will give value back to its
members and make their practices more successful. Kearney0110

  Amaris2: Mayor Michael Nutter will be able to close five fire engine companies and
two ladder companies after the state Supreme Court denied an emergency petition sought
by the Philadelphia Fire Fighters’ Union, Local 22, while the court fight over keeping the
companies open continues. Fire0113

Gina: Delaware U.S. Attorney Colm Connolly joins Morgan Lewis’ Philadelphia office.
Connolly0113
Wednesday. Jan. 14
Contributed:

Employment Law: By Daniel J. McGravey and Pamela G. Cochenour el0114
GC/Mid-Atlantic Page: By Rachel Breitman cc0114


Regional

Zack (brief): Richard Schiffrin, co-founder of the class action firm formerly known as
Schiffrin Barroway Topaz & Kessler, has resurfaced as of counsel at New York litigation
boutique Grant & Eisenhofer after less than a year in retirement. Schiffrin0113

Zack: The Superior Court has ruled that unlicensed massage therapists cannot legally
perform massages intended to treat specific injuries suffered by insured victims of
automobile accidents and therefore are not entitled to reimbursement under the Motor
Vehicle Financial Responsibility Law.

Amaris: As the Montgomery Bar Association celebrates its 125th year in existence, the
association’s new president promises the bar association will give value back to its
members and make their practices more successful. Kearney0110

  Amaris2: Philadelphia’s mortgage foreclosure diversion pilot program has garnered a
lot of press coverage, but the true success of the mediation program might be measured in
how many other jurisdictions want to copy the program to deal with their own foreclosure
crises. Kentucky0114

Gina: The Federal Employers’ Liability Act does not fall under any exception to the
state’s Sovereign Immunity Act, a Philadelphia judge ruled in granting SEPTA’s motion
for summary judgment in a case by a former employee. Davis0114

Gina 2: Second to maybe only compensation costs, lease space has become the bane of
some law firms’ economic picture, particularly as firms downsize attorney headcount
only to see an increase in empty office space. There are several spots along the real estate
spectrum firms are finding themselves and all look to be more favorable than any would
have been a year ago as the market finally starts to swing back toward the tenant’s favor.
But some juggling still remains to be done.
Thursday. Jan. 15
Contributed:

Workers’ Comp. Update: By Christian Petrucci wc0115
Biz of Law: By Frank D’Amore bl0115
Regional

  Amaris: Philadelphia’s mortgage foreclosure diversion pilot program has garnered a
lot of press coverage, but the true success of the mediation program might be measured in
how many other jurisdictions want to copy the program to deal with their own foreclosure
crises. Kentucky0114

  Amaris2: The Defender Association of Philadelphia has been able to make a five
percent budget cut without having to withdraw defenders from courtrooms.
defender0119

Gina 2: Second to maybe only compensation costs, lease space has become a thorn in the
side of some law firms’ economic picture, particularly as firms downsize attorney
headcount only to see an increase in empty office space. There are several spots along the
real estate spectrum firms are finding themselves and most look to be more favorable
than any would have been a year ago as the market finally starts to swing back toward the
tenant’s favor. But some juggling still remains to be done. Lease0114

Zack: The holidays are over, 2009 is officially— albeit quietly— under way, and a
damaged economy is continuing to keep midsized firm leaders across the state largely in
the dark as to what to expect over the next twelve months.
Friday. Jan. 16
Contributed:

Litigation: Bernard W. Smalley Sr. lit0116
Bankruptcy Update: By Francis J. Lawall, David B. Stratton and Leigh-Anne M. Raport
bu0116


Regional

  Amaris: Philadelphia’s mortgage foreclosure diversion pilot program has garnered a
lot of press coverage, but the true success of the mediation program might be measured in
how many other jurisdictions want to copy the program to deal with their own foreclosure
crises. Kentucky0114

Gina 2: Second to maybe only compensation costs, lease space has become a thorn in the
side of some law firms’ economic picture, particularly as firms downsize attorney
headcount only to see an increase in empty office space. There are several spots along the
real estate spectrum firms are finding themselves and most look to be more favorable
than any would have been a year ago as the market finally starts to swing back toward the
tenant’s favor. But some juggling still remains to be done. Lease0114
Zack: The holidays are over, 2009 is officially under way, and a damaged economy is
continuing to keep midsized firm leaders across the state largely in the dark about what to
expect over the next 12 months. Outlook0115

Gina: Ballard Spahr Andrews & Ingersoll has laid off a number of secretarial and
administrative staff this week, making for the second round of staff cuts at the firm since
the summer of 2008. The article also looks a few other PA firms that faced staff or
attorney cuts in the last few weeks, plus a roundup of all the layoffs we’ve reported since
2008.
Several people in the legal community pointed to a significant number of staff cuts at
Ballard Spahr with at least one report pointing to attorneys being affected as well, mainly
in the firm’s Los Angeles office. Several sources put the number of secretary layoffs
between 40 and 65 with the higher number including attorneys. Many also said
administrative staff were included along with secretaries. A call to the firm’s chairman,
Arthur Makadon, was returned by firm Chief Marketing Officer Eileen Kenney who
would not comment on the number of layoffs or whether attorneys were affected. She
would only offer a statement on behalf of the firm. Ballardlayoff0116

Gina (brief): K&L Gates opened an office in Frankfurt – it’s second office in Germany
since opening up shop in Berlin. Klfrankfurt0116
Tuesday. Jan. 20
Contributed:
Commentary: By Kevin Marciano comm0120
Employment Law: By Anthony B. Haller and Harrison Lee el0120


Regional

Gina 2: Second to maybe only compensation costs, lease space has become a thorn in the
side of some law firms’ economic picture, particularly as firms downsize attorney
headcount only to see an increase in empty office space. There are several spots along the
real estate spectrum firms are finding themselves and most look to be more favorable
than any would have been a year ago as the market finally starts to swing back toward the
tenant’s favor. But some juggling still remains to be done. Lease0114

Zack: The holidays are over, 2009 is officially under way, and a damaged economy is
continuing to keep midsized firm leaders across the state largely in the dark about what to
expect over the next 12 months. Outlook0115

Gina: Blank Rome laid off attorneys and staff this week. Blankrome0120

   Amaris: In the wide-open race for Philadelphia District Attorney, political insiders say
it's too early to say who has the most heat for the city's top prosecution post. Da0120
Wednesday. Jan. 21
Contributed:
GC Mid-Atlantic: By Tresa Baldas (pickup from The National Law Journal) gc0121
Immigration Law: By Jonathan Willmoth il0121


Regional

Zack: Less than a month after current Bucks County District Attorney Michelle A. Henry
shocked many in the community with an announcement that she would not be seeking re-
election this year, the first two DA hopefuls have announced their candidacy as the
names of other possible contenders continue to trickle out. BucksDA0121

Zack2: State Sen. Lawrence M. Farnese Jr., D-Phila., has joined the Philadelphia office
of Archer & Greiner as of counsel. Farnese, who won election in November to a state
senate seat vacated by longtime senator Vincent Fumo, will be consulting the firm’s
clients on litigation matters. Farnese0121

Gina: An attorney who represent brokerage houses or other respondents in securities
arbitration cases before FINRA used terms like ―unnecessary,‖ ―severe‖ and
―unfortunate‖ to describe a recent rule change approved by the U.S. Securities and
Exchange Commission that would place additional burdens on parties - generally
respondents - who file motions to dismiss in arbitration matters. An attorney for investors
said it’s about time the long requested rule change be adopted to even the playing field
for claimants. All in all there are mixed feelings on the rule change, but some see promise
for both sides as the arbitration process falls back to a more streamlined process.
Finra0120

Thursday. Jan. 22
Contributed:
Environmental Law: By Kenneth J. Warren el0122
Insight on Diversity: By Nolan Atkinson id0122

Regional

Zack: Less than a month after current Bucks County District Attorney Michelle A. Henry
shocked many in the community with an announcement that she would not be seeking re-
election this year, the first two DA hopefuls have announced their candidacy as the
names of other possible contenders continue to trickle out. BucksDA0121

Friday. Jan. 23
Contributed:
Employment Law: By Jeffrey Campolongo el0123
Intellectual Property (pickup from The National Law Journal: By Amanda Bronstad
ip0123

Regional
Zack: A woman whose leg was impaled by a tree when it fell on the paratransit bus she
was riding in has reached a nearly $5.5 million settlement with PennDOT and two of its
contractors, whom she claimed were negligent in failing to identify and remove the
diseased tree. Peterson0123

Gina (Deal Makers): A look at the attorneys involved in the $43 million sale of Keating
Building Corporation to Perini Corporation. Keating0123

Amaris: A Philadelphia judge has denied class certification to a proposed class of
medical providers who claim they were underpaid by the city of Philadelphia for medical
services provided to city inmates. Berkowitz0123
Monday. Jan. 26
Contributed:
Public Interest:
Real Estate: By Alan Nochumson re0126

Regional


Zack: A woman whose leg was impaled by a tree when it fell on the paratransit bus she
was riding in has reached a nearly $5.5 million settlement with PennDOT and two of its
contractors, whom she claimed were negligent in failing to identify and remove the
diseased tree. Peterson0123

Gina (Deal Makers): A look at the attorneys involved in the $43 million sale of Keating
Building Corporation to Perini Corporation. Keating0123

Tuesday. Jan. 27
Contributed:
Capital Gains:
Securities: By Katayun I. Jaffari and Mu'min-Islam sec0127

Regional


Zack: A woman whose leg was impaled by a tree when it fell on the paratransit bus she
was riding in has reached a nearly $5.5 million settlement with PennDOT and two of its
contractors, whom she claimed were negligent in failing to identify and remove the
diseased tree. Peterson0123

Zack2: You can’t be convicted of discharging a firearm into an occupied structure if said
structure was occupied by you at the time, the state Supreme Court has ruled.
In an exercise in legislative semantics, a split panel voted 4-2 that in order to fire into an
occupied structure, it must be done from a location outside the structure.
Gina: More than a year after a contentious dissolution of two firms — and two state
lawsuits later — fighting over property and computer files has been taken to federal
court. Lawsuit0127
Wednesday. Jan. 28
Contributed:
White Collar Law: By Joshua D. Wolson and David M. Laigaie
In the World Series, the home team gets to play by its rules: In American League
stadiums, teams use the designated hitter, and in National League stadiums, pitchers bat
for themselves. Litigation often features a similar home-field advantage, as the site of
litigation determines the rules of the contest. As litigation becomes increasingly
international, clients more and more face litigation in tribunals outside of the United
States, including foreign courts and regulatory bodies, multilateral institutions, and
international arbitration, many of which have very different procedures than American
courts. wc0128
General Counsel: By Daniel J. DiLucchio
After hearing yet another general counsel recently tell me, ―We hire the lawyer, not the
law firm,‖ it seems an appropriate time to step back and dissect this apparently simple
statement and see what it really suggests. Clearly, this statement is not as simple as it
appears — as a matter of fact, it is complicated, multi-faceted and multi-purposed.
 gc0128


Regional


Zack: A woman whose leg was impaled by a tree when it fell on the paratransit bus she
was riding in has reached a nearly $5.5 million settlement with PennDOT and two of its
contractors, whom she claimed were negligent in failing to identify and remove the
diseased tree. Peterson0123

Gina: More than a year after a contentious dissolution of two firms — and two state
lawsuits later — fighting over property and computer files has been taken to federal
court. Lawsuit0127

  Amaris: The Philadelphia court system may have to lay off the equivalent of 195 full-
time employees and require other employees to take at least 20 unpaid furlough days,
Common Pleas President Judge Pamela Pryor Dembe said during a speech Tuesday.
Dembe0128


Gina 2: Pfizer Inc. has made no secret of its intentions to slash jobs once a planned
merger with pharmaceutical competitor Wyeth goes through, but it may be too early to
tell how Wyeth’s 300-person worldwide legal department will be affected.
What does seem more clear is the affect a merger would have on Wyeth’s outside
counsel. Pfiwye0128
Gina (brief): Ballard Spahr lost seven intellectual property attorneys in its Washington
office to Steptoe & Johnson and picked up two attorneys in Denver.

Thursday. Jan. 29
Contributed:
Workers’ Comp Update: By Daniel DiLoretto wc0129
Trusts and Estates: By Robert Louis te0129


Regional

Gina: More than a year after a contentious dissolution of two firms — and two state
lawsuits later — fighting over property and computer files has been taken to federal
court. Lawsuit0127

Gina (brief): Ballard Spahr lost seven intellectual property attorneys in its Washington
office to Steptoe & Johnson and picked up two attorneys in Denver.

Zack: It’s hardly a revelation to say that every dollar counts in today’s economy.
As a result of this fact, some law firms may be feeling extra pressure from clients to
justify the fees they charge by offering top-of-the-line customer service and performing
quality work efficiently— maximum bang for each precious buck. Value0129

Friday. Jan. 30
Contributed:
Paralegals Page: By Lyndora Patterson
As I embark to serve you as president of the Philadelphia Association of Paralegals for a
second term, I cannot help but reflect on how far our board and association have come in
one year. While we faced many challenges with respect to communication, transparency
and inspiring our members, we managed to overcome them by our commitment to
service. One of our biggest accomplishments as a board was to undertake revisions to the
policies and procedures of business operations in running this professional organization.
It is my hope that these changes will assist future boards of directors in being more
cohesive and transparent in the day-to-day management of the association.para0130
Litigation: By Joshua Horn and Amy C. Purcell
In Securities and Exchange Commission v. Kent H. Roberts, No. C 07-04580 (N.D. Cal.),
Judge Marilyn Hall Patel of the United States District Court for the Northern District of
California ordered production of certain documents created by a law firm that conducted
a stock option backdating investigation. The Roberts decision serves as a stern warning
to any lawyer who conducts corporate investigations that notes and presentations may not
be held sacrosanct. lit0130


Regional
Gina (brief): Ballard Spahr lost seven intellectual property attorneys in its Washington
office to Steptoe & Johnson and picked up two attorneys in Denver.

Zack: It’s hardly a revelation to say that every dollar counts in today’s economy.
As a result of this fact, some law firms may be feeling extra pressure from clients to
justify the fees they charge by offering top-of-the-line customer service and performing
quality work efficiently— maximum bang for each precious buck. Value0129

Zack2: Craig T. Kimmel and Robert M. Silverman, founders of one of the largest lemon
law practices in the northeastern U.S., continue to try to stave off disciplinary action in
Pennsylvania and New York following their Sept. 2 suspension in Maryland.
The pair, founding partners of 12-lawyer Kimmel & Silverman, were suspended
indefinitely by the Maryland Court of Appeals for failing to adequately supervise a new
satellite office they started in Maryland as well as failing to properly communicate with a
client of the firm after the sole lawyer in that office abruptly resigned.


  Amaris: A Philadelphia judge has asked the Commonwealth Court to uphold his ruling
dismissing a claim of defamation against a Redevelopment Authority of Philadelphia
spokesman quoted in a Philadelphia Weekly article calling an anti-gentrification activist a
land speculator. alston0130

Monday. Feb. 2
Contributed:
Real Estate: By Harris Ominsky re0202
Antitrust Law: By Carl Hittinger al0202


Regional

Zack: It’s hardly a revelation to say that every dollar counts in today’s economy.
As a result of this fact, some law firms may be feeling extra pressure from clients to
justify the fees they charge by offering top-of-the-line customer service and performing
quality work efficiently— maximum bang for each precious buck. Value0129

Zack2: Bucks County Common Pleas Judge David W. Heckler resigned from the bench
Thursday, fueling already white-hot speculation that he would be a GOP contender for
county DA.

Shannon: In her first opinion as a visiting judge on the 3rd U.S. Circuit Court of
Appeals, former U.S. Supreme Court Justice Sandra Day O'Connor has ruled that a
conviction in Puerto Rico is a valid predicate for a charge of illegally possessing a gun as
a felon.
  Amaris: A Philadelphia judge has asked the Commonwealth Court to uphold his ruling
dismissing a claim of defamation against a Redevelopment Authority of Philadelphia
spokesman quoted in a Philadelphia Weekly article calling an anti-gentrification activist a
land speculator. alston0130

Gina (embargoed for Monday 2-2 – NOT FOR WEB FRIDAY): Timothy E. Hoeffner
left an international New York firm after 15 years to join Saul Ewing and lead its
corporate governance group. After a few years at the 250-lawyer firm, he is heading back
to an international model and his New York ties. Hoeffner joined DLA Piper’s litigation
group today where he will spend time in both the firm’s Philadelphia and New York
offices. Hoeffner0202

Tuesday. Feb. 3
Contributed:
Capital Gains: By David A. Rothschild cg0203
Damages: By William E. Harris dam0203


Regional

By Shannon Duffy: Creating a split in the federal circuits, the 3rd U.S. Circuit Court of
Appeals has ruled that winning plaintiffs in employment discrimination cases may be
entitled to an additional award to compensate for the tax consequences of receiving a
backpay ward in one lump sum.

Zack: It’s hardly a revelation to say that every dollar counts in today’s economy.
As a result of this fact, some law firms may be feeling extra pressure from clients to
justify the fees they charge by offering top-of-the-line customer service and performing
quality work efficiently— maximum bang for each precious buck. Value0129

Zack2: Bucks County Common Pleas Judge David W. Heckler resigned from the bench
Thursday, fueling already white-hot speculation that he would be a GOP contender for
county DA.

Gina: The Bernard Madoff scandal alone could keep securities litigators in high demand
for months or years to come, but coupled with a sinking economy and a changing
regulatory environment, the practice has truly heated up. And that fact has certainly not
gone unnoticed by securities litigators themselves as many have taken the opportunity to
jump ship to much larger firms. In this month alone, three prominent securities litigators
have traded in boutique or regional firms in Philadelphia for a national or international
platform. Bono0203

Wednesday. Feb. 4
Contributed:
GC (pickup from GC South): By Katheryn Hayes Tucker gc0204
Environmental Law: By Stephan L. Cutler, Robert P. Johns III and Douglas F.
Schleicher el0204



Regional

By Shannon Duffy: Creating a split in the federal circuits, the 3rd U.S. Circuit Court of
Appeals has ruled that winning plaintiffs in employment discrimination cases may be
entitled to an additional award to compensate for the tax consequences of receiving a
backpay ward in one lump sum.

By Zack Needles: The number of total actions filed in the Commonwealth Court rose for
the first time in six years in 2007, albeit not by much.
According to the court’s just-released 2007 statistics, there were 3,922 total actions filed
that year, as opposed to the 3,896 filed in 2006. Before that, the number had been steadily
declining since 2002, when 4,785 actions were filed. Stats0204


Gina: With reports of law firm layoffs coming out nearly daily, it would almost seem as
if firms have taken the ―pull-off-the-Band-aid-as-fast-as-you-can‖ approach, trying to
limit the pain by making just one round of cuts. But with each report that comes out,
there are those whispering in the background reminding the community and the press not
to forget about the cuts that don’t get attributed to the economy. Performance reviews are
nothing new for law firms and the typical standards remain relatively unchanged. It’s the
way they are being applied that has created a subset to the throngs of laid off attorneys,
adding a layer of lawyers whose perceived performance flaws were overlooked in more
prosperous years but who no longer make the cut under more stringently applied
expectations. So is it the economy or is it performance? Performance0204


Thursday. Feb. 5
Contributed:
Health Care Law: By Vasilios J. Kalogredis hc0205
Business of law: By Susan Letterman White bol0205

Regional


By Zack Needles: The number of total actions filed in the Commonwealth Court rose for
the first time in six years in 2007, albeit not by much.
According to the court’s just-released 2007 statistics, there were 3,922 total actions filed
that year, as opposed to the 3,896 filed in 2006. Before that, the number had been steadily
declining since 2002, when 4,785 actions were filed. Stats0204
By Zack Needles2: Two very similar cases involving challenges to the language of a
warning on the implied consent form police officers give to DUI suspects have deeply
divided the Commonwealth Court. In both of the nearly identical cases, an en banc panel
ruled 4-3 that the first sentence of Warning 3 on the Pennsylvania Department of
Transportation’s August 2006 DL-26 Implied Consent Form was not vague, reversing an
Allegheny County trial court’s ruling in one case and affirming it in the other.
Warning0205


Gina: Dilworth Paxson partner Gino Benedetti recovered so well in the year since he was
brutally attacked in West Philadelphia that his partners thought he was up to a little
roasting. Benedetti had spent months out of the office after he was hit repeatedly in the
head with bricks by what police believed to be five assailants ranging in age from 15 to
21. His skull was crushed on the left side as well as in the back. Doctors at the University
of Pennsylvania performed extensive surgery after the Dec. 11, 2007 attack to rebuild his
skull with wire meshing and a form of cement. ―Now I really am a cement head,‖ he
joked, adding that the words of his Italian mother growing up are now true. So if
Benedetti could laugh about it, his partners figured they could have a little fun too.
Benedetti0205
Friday. Feb. 6
Contributed:
Bankruptcy Update: By Rudolph J. Di Massa, Jr. and Adrian C. Maholchic bu0206
Professional Conduct: By Ellen C. Brotman and Michael Hayes pc0206

Regional


By Zack Needles: The number of total actions filed in the Commonwealth Court rose for
the first time in six years in 2007, albeit not by much.
According to the court’s just-released 2007 statistics, there were 3,922 total actions filed
that year, as opposed to the 3,896 filed in 2006. Before that, the number had been steadily
declining since 2002, when 4,785 actions were filed. Stats0204

By Zack Needles: Two very similar cases involving challenges to the language of a
warning on the implied consent form police officers give to DUI suspects have deeply
divided the Commonwealth Court. In both of the nearly identical cases, an en banc panel
ruled 4-3 that the first sentence of Warning 3 on the Pennsylvania Department of
Transportation’s August 2006 DL-26 Implied Consent Form was not vague, reversing an
Allegheny County trial court’s ruling in one case and affirming it in the other.
Warning0205

By Zack Needles: Philadelphia-based White & Williams has opened an office in Boston
with the addition of a new partner and counsel.
 Amaris: For the first time in anyone’s memory, the race for seven openings on the
Montgomery Court of Common Pleas is turning out to be extremely competitive.
Montco0205

  Amaris2: Judge Pamela Pryor Dembe has backed off from her order demanding the
Clerk of Quarter Sessions Vivian Miller transfer control of the criminal justice payment
center to the First Judicial District's probation office. Clerk0206
Gina (Financial story with Chart and Icon): An in-depth look at K&L Gates’ numbers
for 2008 and plans for 2009. klgatesfin0206

Monday. Feb. 9
Contributed:
Appellate Law: By Howard Bashman al0209
Franchise Law: By Craig Trachtenberg fl0209

Regional


By Zack Needles: The number of total actions filed in the Commonwealth Court rose for
the first time in six years in 2007, albeit not by much.
According to the court’s just-released 2007 statistics, there were 3,922 total actions filed
that year, as opposed to the 3,896 filed in 2006. Before that, the number had been steadily
declining since 2002, when 4,785 actions were filed. Stats0204

By Zack Needles: Philadelphia-based White & Williams has opened an office in Boston
with the addition of a new partner and counsel.

By Zack Needles: In a decision that could affect anyone receiving pension benefits in
addition to workers’ compensation benefits, the Commonwealth Court has ruled that
workers’ compensation offsets must be based on the net, not the gross, amount of the
employee’s pension benefits. Offset0209

Amaris2: Judge Pamela Pryor Dembe has backed off from her order demanding the
Clerk of Quarter Sessions Vivian Miller transfer control of the criminal justice payment
center to the First Judicial District's probation office. Clerk0206
Gina (Financial story with Chart and Icon): An in-depth look at K&L Gates’ numbers
for 2008 and plans for 2009. klgatesfin0206

Tuesday. Feb. 10
Contributed:
Family Law: By Michael Bertin fl0210
Capital Gains: By Mark Silow cg0209
Regional


By Zack Needles: Two Philadelphia-based midsized firms have expanded their litigation
practices along the Eastern Seaboard. White & Williams has opened an office in Boston
with the addition of a new partner and counsel and Rawle & Henderson has opened new
office space in New York City in part to accommodate the addition of six new attorneys.

By Zack Needles: In a decision that could affect anyone receiving pension benefits in
addition to workers’ compensation benefits, the Commonwealth Court has ruled that
workers’ compensation offsets must be based on the net, not the gross, amount of the
employee’s pension benefits. Offset0209

Gina (Financial story with Chart and Icon): An in-depth look at K&L Gates’ numbers
for 2008 and plans for 2009. klgatesfin0206

Gina: A deeply divided Superior Court en banc panel ruled asbestos plaintiffs didn’t
have standing to challenge the constitutionality of a statute limiting the liability of
successor corporations in asbestos litigation. Johnson0210

Wednesday. Feb. 11
Contributed:
GC (pickup from Legal Times): By William V. O’Reilly gc0211
Employment Law: By Carolyn Plump el0211

Regional


By Zack Needles: Two Philadelphia-based midsized firms have expanded their litigation
practices along the Eastern Seaboard. White & Williams has opened an office in Boston
with the addition of a new partner and counsel and Rawle & Henderson has opened new
office space in New York City in part to accommodate the addition of six new attorneys.

By Zack Needles: In a decision that could affect anyone receiving pension benefits in
addition to workers’ compensation benefits, the Commonwealth Court has ruled that
workers’ compensation offsets must be based on the net, not the gross, amount of the
employee’s pension benefits. Offset0209

Gina: A deeply divided Superior Court en banc panel ruled asbestos plaintiffs didn’t
have standing to challenge the constitutionality of a statute limiting the liability of
successor corporations in asbestos litigation. Johnson0210

Thursday. Feb. 12
Contributed:
Business of Law: By Frank M. D’Amore bl0211
Workers’ Comp Update:
Regional


By Zack Needles: In a decision that could affect anyone receiving pension benefits in
addition to workers’ compensation benefits, the Commonwealth Court has ruled that
workers’ compensation offsets must be based on the net, not the gross, amount of the
employee’s pension benefits. Offset0209

Gina: Diversity and pro bono initiatives took root in many firms over the past few years,
but the economy might make the luxury of having individual directors lead those
programs a less tenable prospect. When Saul Ewing laid off 12 people earlier this year,
the cuts included the firm’s diversity program manager and its full-time pro bono
counsel. Buchanan Ingersoll & Rooney also eliminated its director of diversity position.
Probonocuts0211
Tuesday. Feb. 17
Contributed:
Litigation: By Barry Hill lit0213
IP Law: By Matthew I. Cohen and Darryl W. Shorter ip0213

Regional


By Zack Needles: In a decision that could affect anyone receiving pension benefits in
addition to workers’ compensation benefits, the Commonwealth Court has ruled that
workers’ compensation offsets must be based on the net, not the gross, amount of the
employee’s pension benefits. Offset0209

By Zack Needles: Friends say slain Bucks County personal injury attorney Eric
Birnbaum was nothing if not passionate. A motorcycle-riding ―imposing figure‖ with a
deep voice and a deeper love for his family, his friends, the city of Philadelphia and the
practice of law, Birnbaum was ―a true believer‖ in his work, said colleague Steven M.
Schain of the Schain Law Firm. Birnbaum0213

By Zack Needles: On Jan. 6, Bucks County Common Pleas Judge Susan Devlin Scott
assumed at once a prestigious position and an unenviable situation. One day earlier, the
county board of judges had unanimously elected Scott president judge, but with great
honor came the great responsibility of overseeing a bench that currently has only 10
active judges, three short of its full complement. Scott0212


Gina: Diversity and pro bono initiatives took root in many firms over the past few years,
but the economy might make the luxury of having individual directors lead those
programs a less tenable prospect. When Saul Ewing laid off 12 people earlier this year,
the cuts included the firm’s diversity program manager and its full-time pro bono
counsel. Buchanan Ingersoll & Rooney also eliminated its director of diversity position.
Probonocuts0211

Gina 2: Dechert cut 19 lawyers across its U.S. offices. The group includes associates and
counsel and was done across practice groups. Cozen O’Connor laid off 50 staff positions
including 7 paralegals. Dechertcuts0213

Gina 3: Attorney layoffs may just have been relegated to the backburner. Could the new
trend be salary trimming instead of attorney cuts?
Wolf Block confirmed to legal blog ―Above the Law‖ Thursday that it instituted a 10
percent reduction in associate pay that the blog said would be effective in the next
paycheck. One consultant thought Wolf Block’s move was a great one and could see that
becoming a trend among U.S. firms. Compcut0213

Gina (Chart and Icon): A look at Pepper Hamilton’s financial performance for 2008 –
Everything on the Up and Up.
Tuesday. Feb. 17
Contributed:
Legal Marketing: By Julie Meyer lma0217
Capital Gains: By Kelly Phillips Erb cg0217

Regional


By Zack Needles: In a decision that could affect anyone receiving pension benefits in
addition to workers’ compensation benefits, the Commonwealth Court has ruled that
workers’ compensation offsets must be based on the net, not the gross, amount of the
employee’s pension benefits. Offset0209

By Zack Needles: On Jan. 6, Bucks County Common Pleas Judge Susan Devlin Scott
assumed at once a prestigious position and an unenviable situation. One day earlier, the
county board of judges had unanimously elected Scott president judge, but with great
honor came the great responsibility of overseeing a bench that currently has only 10
active judges, three short of its full complement. Scott0212


Gina: Diversity and pro bono initiatives took root in many firms over the past few years,
but the economy might make the luxury of having individual directors lead those
programs a less tenable prospect. When Saul Ewing laid off 12 people earlier this year,
the cuts included the firm’s diversity program manager and its full-time pro bono
counsel. Buchanan Ingersoll & Rooney also eliminated its director of diversity position.
Probonocuts0211

Gina (brief EMBARGOED UNTIL TUES FOR PRINT OR WEB): The head of Fox
Rothschild’s white-collar criminal defense practice is leaving the firm for the
Philadelphia office of Connecticut-based Wiggin & Dana. Eganbrief0217
Gina (brief2): A class action firm filed an ERISA suit against a fund that invested with
Bernard Madoff, saying that route is easier than the high burdens placed on plaintiffs in
securities fraud actions. Local firm Spector Roseman Kodroff & Willis filed a class
action suit in the Eastern District against investment management fund Austin Capital
Management Ltd. for millions in losses due to alleged improper investments by the fund
into securities controlled by accused Ponzi-schemer Bernard Madoff. The suit was filed
on behalf of the Pension Fund for Hospital and Health Care Employees - Philadelphia
and Vicinity and a class of similar funds. Erisa0217

Gina (brief 3): The city of Philadelphia told the state Supreme Court this week that it has
been trying to give SugarHouse a permit the casino says the city is withholding, but the
the casino won’t take it. Sugarhouse0217

Gina (Chart and Icon): A look at Pepper Hamilton’s financial performance for 2008 –
Everything on the Up and Up. Pepperfin0213
Wednesday. Feb. 18
Contributed:
GC: Gina Passarella – What corporate law departments need to know regarding the
WARN Act and similar state laws. Gcwarn0218
Immigration Law: By Suzanne B Seltzer il0218

Regional


By Zack Needles: On Jan. 6, Bucks County Common Pleas Judge Susan Devlin Scott
assumed at once a prestigious position and an unenviable situation. One day earlier, the
county board of judges had unanimously elected Scott president judge, but with great
honor came the great responsibility of overseeing a bench that currently has only 10
active judges, three short of its full complement. Scott0212

By Zack Needles: It’s not the referred firm’s job to decide whether the referring attorney
is truly a partner at the referring firm or has merely been playing one in advertisements.
The state Supreme Court has denied allocatur to the remaining half of a consolidated case
dealing with ambiguous partnership status. Welker0218


Gina (Chart and Icon): A look at Pepper Hamilton’s financial performance for 2008 –
Everything on the Up and Up. Pepperfin0213
Thursday. Feb. 19
Contributed:
Paralegals Page: By Christine Flynn para0219
Environmental Law: By Bruce S. Katcher el0219

Regional
By Zack Needles: It’s not the referred firm’s job to decide whether the referring attorney
is truly a partner at the referring firm or has merely been playing one in advertisements.
The state Supreme Court has denied allocatur to the remaining half of a consolidated case
dealing with ambiguous partnership status. Welker0218

By Zack Needles: The state Supreme Court has partially granted allocatur in a
rollercoaster of a case that began with a claim against the Society for the Prevention of
Cruelty to Animals of Pennsylvania, or SPCA, for the euthanasia of 12 dogs found in a
Philadelphia woman’s home and has evolved into a question of whether the organization
is entitled to sovereign or governmental immunity. SPCA0219

  Amaris: A Philadelphia judge has ruled against most of the claims of a group of real
estate investors who say they were defrauded in a real estate transaction regarding a
proposed northern Delaware River waterfront development that has gone sour.
Waterfront0220

Friday. Feb. 20
Contributed:
Editorial Board: By the ed board editboard220
Litigation: By Barry Hill lit0220
Bankruptcy Update: By Myron Bloom bu0220

Regional


By Zack Needles: The state Supreme Court has partially granted allocatur in a
rollercoaster of a case that began with a claim against the Society for the Prevention of
Cruelty to Animals of Pennsylvania, or SPCA, for the euthanasia of 12 dogs found in a
Philadelphia woman’s home and has evolved into a question of whether the organization
is entitled to sovereign or governmental immunity. SPCA0219

  Amaris: A Philadelphia judge has ruled against most of the claims of a group of real
estate investors who say they were defrauded in a real estate transaction regarding a
proposed northern Delaware River waterfront development that has gone sour.
Waterfront0220

Gina: The Delaware Supreme Court approved allocation of a settlement to shareholders
in a suit against the Philadelphia Stock Exchange, putting an end to a contentiously
fought battle that went up to the high court twice. PHLX0220

  Gina 2: Buchanan Ingersoll & Rooney has been going through a series of firmwide
staff cuts this week that it attributes to the economy. At the same time, it is wrapping up
its annual review period at which point the attorney headcount will be lower due to
performance issues, not economic reasons.
Firm Executive Director Nolan Kurtz confirmed that Buchanan Ingersoll did ―eliminate a
number of administrative positions‖ firmwide. He placed the number at between 25 and
30 positions and said the cuts were made Wednesday. Buchananlayoffs0220

Monday. Feb. 23
Contributed:
Real Estate: By Martin Doyle re0223
Public Interest Page (with calendar): By Ronda B. Goldfein and Sarah Schalman-
Bergen interest0223
By Linda Peyton and Rodney Warner public0223
Pcal0223


Regional


By Zack Needles: The state Supreme Court has partially granted allocatur in a
rollercoaster of a case that began with a claim against the Society for the Prevention of
Cruelty to Animals of Pennsylvania, or SPCA, for the euthanasia of 12 dogs found in a
Philadelphia woman’s home and has evolved into a question of whether the organization
is entitled to sovereign or governmental immunity. SPCA0219

  Amaris: A Philadelphia judge has ruled against most of the claims of a group of real
estate investors who say they were defrauded in a real estate transaction regarding a
proposed northern Delaware River waterfront development that has gone sour.
Waterfront0220

  Amaris2: The state Supreme Court has declined to specifically adapt the discovery rule
in medical malpractice cases to only jumpstart the statute of limitations when plaintiffs
have obtained special medical evince to link their injuries to the actions of medical
defendants. Wilson0224


Gina: The Delaware Supreme Court approved allocation of a settlement to shareholders
in a suit against the Philadelphia Stock Exchange, putting an end to a contentiously
fought battle that went up to the high court twice. PHLX0220

Gina 2 (Chart & ICON): A fiscal year end of September 30 didn’t mean Morgan Lewis
& Bockius was blind to the worst of the economic downturn in late 2008 and an October
1 start to the year means conservative budgeting for 2009.
-A more detailed look at Morgan Lewis’ financials. The firm is touting its diversified
model in a time when many of its competitors had narrowed their approach, but an Oct 1.
start to 2009 could mean a tough year coming up. Morganfin0220
Tuesday. Feb. 24
Contributed:
Securities: By Jeffrey Barrack sec0224
Environmental Law: By Joshua Kaplowitz and Mahari Bailey el0224


Regional

  Amaris2: The state Supreme Court has declined to specifically adapt the discovery rule
in medical malpractice cases to only jumpstart the statute of limitations when plaintiffs
have obtained special medical evince to link their injuries to the actions of medical
defendants. Wilson0224


Gina: The Delaware Supreme Court approved allocation of a settlement to shareholders
in a suit against the Philadelphia Stock Exchange, putting an end to a contentiously
fought battle that went up to the high court twice. PHLX0220

Gina 2 (Chart & ICON): A fiscal year end of September 30 didn’t mean Morgan Lewis
& Bockius was blind to the worst of the economic downturn in late 2008 and an October
1 start to the year means conservative budgeting for 2009.
-A more detailed look at Morgan Lewis’ financials. The firm is touting its diversified
model in a time when many of its competitors had narrowed their approach, but an Oct 1.
start to 2009 could mean a tough year coming up. Morganfin0220

Zack: The state Supreme Court reinstated a jury verdict in favor of two adoptive parents
and their troubled adopted son who claimed the adoption agency negligently failed to
notify them of the birth mother’s mental history and misfiled records of the birth
mother’s history of mental illness, rendering them unable to be found later. Halper0224

Gina (brief): The U.S. Supreme Court invited the acting solicitor general to express the
United State’s views on whether Saudi Arabia is immune to any claims it facilitated the
terrorist attacks on Sept. 11, 2001.
The one-sentence order is being viewed as a step in the right direction for a group of
insurance companies who sued Saudi Arabia and its government for billions the
companies paid out in losses after the attacks. Saudibrief0224

  Amaris: The state Supreme Court has declined to specifically adapt the discovery rule
in medical malpractice cases to only jumpstart the statute of limitations when plaintiffs
have obtained special medical evince to link their injuries to the actions of medical
defendants. Wilson0224

 Amaris2 (brief): It appears the Democratic field for seven openings on the
Montgomery County Court of Common Pleas is narrowing after the Montgomery County
Democratic Committee’s executive committee recommended seven lawyers receive the
party’s endorsement and the seven lawyers agreed to run as a slate in the Democratic
primary. Montco0225


Zack: The state Supreme Court reinstated a jury verdict in favor of two adoptive parents
and their troubled adopted son who claimed the adoption agency negligently failed to
notify them of the birth mother’s mental history and misfiled records of the birth
mother’s history of mental illness, rendering them unable to be found later. Halper0224

Gina (brief): The U.S. Supreme Court invited the acting solicitor general to express the
United State’s views on whether Saudi Arabia is immune to any claims it facilitated the
terrorist attacks on Sept. 11, 2001.
The one-sentence order is being viewed as a step in the right direction for a group of
insurance companies who sued Saudi Arabia and its government for billions the
companies paid out in losses after the attacks. Saudibrief0224

Gina 1: The debt owed Cozen O’Connor for representing Bob Brady in a challenge to
oust him from the 2007 mayoral primary ballot is different than other debt typically
incurred by a campaign, meaning the campaign should not be limited by city campaign
finance limits in raising money to pay off that debt, Stephen A. Cozen of Cozen
O’Connor argued before the Commonwealth Court Tuesday. Brady0225

Gina 2: As attorneys for Philadelphia Newspapers and its secured creditors were gearing
up for their first appearance in bankruptcy court yesterday, a number of local attorneys
had entered their appearance in what is considered one of the largest cases the Eastern
District Bankruptcy Court has seen in some time. The bankruptcy filing of a large
Philadelphia institution coupled with the selection of a local venue has meant plenty of
work - often unexpected and last minute - for local bankruptcy and finance attorneys
representing debtors, creditors and other third-parties looking to make sure their interests
are protected.
Thursday. Feb. 26
Contributed:
Trusts and Estates: By Robert Louis et0226
Workers’ Comp Update: By Christian Petrucci wc0226

Regional

Amaris: In one of the first of the 1,500 Philadelphia hormone replacement therapy mass
torts cases to reach the appellate level, a three-judge Superior Court panel heard
arguments that a Philadelphia judge shouldn’t have tossed the plaintiff’s lawsuit out of
court because the suit was filed within two years of the publication of a widely-publicized
study linking HRT with an increased risk of breast cancer. simon0226
Shannon: A pair of recent pleadings in a personal injury case have taken on a life of their
own as lawyers coast to coast have emailed them to friends and colleagues for their sheer
entertainment value.
So what’s causing all the belly laughs?
In the first motion, the plaintiff’s lawyers begged the judge to forbid their opponent from
performing magic tricks during the trial. They also asked that the defense lawyer, Steven
G. Leventhal of Reger Rizzo & Darnall, be prohibited from even mentioning that he is a
professional magician.
Leventhal’s response (the cause of most of the laughter) asked the judge to make the
plaintiff’s motion disappear - with prejudice.
Like a viral video for lawyers, the pleadings have become popular as email
entertainment, often being sent to large lists and then forwarded again and again to an
exponentially larger audience.

Zack: The state Supreme Court reinstated a jury verdict in favor of two adoptive parents
and their troubled adopted son who claimed the adoption agency negligently failed to
notify them of the birth mother’s mental history and misfiled records of the birth
mother’s history of mental illness, rendering them unable to be found later. Halper0224

Zack 2: Four companies have agreed to pay a total of $10 million to a man who was
rendered paraplegic when a heavy pallet allegedly fell on him from a high shelf in the
warehouse where he worked. Yates0220


Zack 3: The state Supreme Court has ruled that the Philadelphia Parking Authority is a
state agency for the purpose of regulating taxicabs, therefore giving the Commonwealth
Court original jurisdiction over a case in which taxi and limousine drivers are hoping to
free themselves from the PPA’s current regulations governing the industry. Blount0226

Gina: As attorneys for Philadelphia Newspapers and its secured creditors were gearing
up for their first appearance in bankruptcy court yesterday, a number of local attorneys
had entered their appearance in what is considered one of the largest cases the Eastern
District Bankruptcy Court has seen in some time. The bankruptcy filing of a large
Philadelphia institution coupled with the selection of a local venue has meant plenty of
work - often unexpected and last minute - for local bankruptcy and finance attorneys
representing debtors, creditors and other third-parties looking to make sure their interests
are protected. Bankruptcy0225

Gina: Reed Smith has put corporate partners into management roles in order to relieve
litigators and bankruptcy attorneys of day-to-day administrative duties so that they can
focus on their increasingly busy practices. Raju0227

Gina 2: Story on Philadelphia’s D.A. office rescinding offers to their 12 incoming class
members. Dacuts0226

Gina 3: Dechert cut 10 staff attorneys Wednesday. DechertSA0226
Friday. Feb. 27
Contributed:
Employment Law: By Jeffrey Campolongo el0227
Insight on Diversity: By Stacy Hawkins id0227
Editorial Board:editboard0226

Regional

Amaris: In one of the first of the 1,500 Philadelphia hormone replacement therapy mass
torts cases to reach the appellate level, a three-judge Superior Court panel heard
arguments that a Philadelphia judge shouldn’t have tossed the plaintiff’s lawsuit out of
court because the suit was filed within two years of the publication of a widely-publicized
study linking HRT with an increased risk of breast cancer. simon0226

Shannon: A pair of recent pleadings in a personal injury case have taken on a life of their
own as lawyers coast to coast have emailed them to friends and colleagues for their sheer
entertainment value.
So what’s causing all the belly laughs?
In the first motion, the plaintiff’s lawyers begged the judge to forbid their opponent from
performing magic tricks during the trial. They also asked that the defense lawyer, Steven
G. Leventhal of Reger Rizzo & Darnall, be prohibited from even mentioning that he is a
professional magician.
Leventhal’s response (the cause of most of the laughter) asked the judge to make the
plaintiff’s motion disappear - with prejudice.
Like a viral video for lawyers, the pleadings have become popular as email
entertainment, often being sent to large lists and then forwarded again and again to an
exponentially larger audience.

Zack: The state Supreme Court reinstated a jury verdict in favor of two adoptive parents
and their troubled adopted son who claimed the adoption agency negligently failed to
notify them of the birth mother’s mental history and misfiled records of the birth
mother’s history of mental illness, rendering them unable to be found later. Halper0224

Zack 3: The state Supreme Court has ruled that the Philadelphia Parking Authority is a
state agency for the purpose of regulating taxicabs, therefore giving the Commonwealth
Court original jurisdiction over a case in which taxi and limousine drivers are hoping to
free themselves from the PPA’s current regulations governing the industry. Blount0226
Gina 2: A Philadelphia jury awarded a woman $61 million Thursday for injuries she
suffered when a tree fell on her car while she was driving down Cheltenham Avenue.
Mendez0227

Gina: Reed Smith has put corporate partners into management roles in order to relieve
litigators and bankruptcy attorneys of day-to-day administrative duties so that they can
focus on their increasingly busy practices. Raju0227
Monday. March 2
Contributed:
Antitrust Law: By Carl Hittinger and Jarod Bona al0302
Real Estate: By Harper Dimmerman re0302

Regional

Amaris: In one of the first of the 1,500 Philadelphia hormone replacement therapy mass
torts cases to reach the appellate level, a three-judge Superior Court panel heard
arguments that a Philadelphia judge shouldn’t have tossed the plaintiff’s lawsuit out of
court because the suit was filed within two years of the publication of a widely-publicized
study linking HRT with an increased risk of breast cancer. simon0226

Shannon: A pair of recent pleadings in a personal injury case have taken on a life of their
own as lawyers coast to coast have emailed them to friends and colleagues for their sheer
entertainment value.
So what’s causing all the belly laughs?
In the first motion, the plaintiff’s lawyers begged the judge to forbid their opponent from
performing magic tricks during the trial. They also asked that the defense lawyer, Steven
G. Leventhal of Reger Rizzo & Darnall, be prohibited from even mentioning that he is a
professional magician.
Leventhal’s response (the cause of most of the laughter) asked the judge to make the
plaintiff’s motion disappear - with prejudice.
Like a viral video for lawyers, the pleadings have become popular as email
entertainment, often being sent to large lists and then forwarded again and again to an
exponentially larger audience.

Zack 3: The state Supreme Court has ruled that the Philadelphia Parking Authority is a
state agency for the purpose of regulating taxicabs, therefore giving the Commonwealth
Court original jurisdiction over a case in which taxi and limousine drivers are hoping to
free themselves from the PPA’s current regulations governing the industry. Blount0226

Gina: Reed Smith has put corporate partners into management roles in order to relieve
litigators and bankruptcy attorneys of day-to-day administrative duties so that they can
focus on their increasingly busy practices. Raju0227


Wednesday. March 4
Contributed:
GC (pickup from NLJ): By Sheri Qualters gc0304
Intellectual Property: By Paul Prestia ip0304

Regional
By Amaris Elliott-Engel: Dan McCaffery says becoming a prosecutor was a dream job
for a kid from an Irish blue collar family. Mccaffery0304

By Peter Hall: The owners of a storied resort hotel in the Poconos, where reputed Mob
boss William ―Billy‖ D’Elia was a frequent guest, received favorable rulings in the
Luzerne County courtroom of now disgraced Judge Michael T. Conahan.
Woodlands03xx

By Gina Passarella: Reed Smith has put corporate partners into management roles in
order to relieve litigators and bankruptcy attorneys of day-to-day administrative duties so
that they can focus on their increasingly busy practices. Raju0227
Thursday. March 5
Contributed:
Health Care Law: By Vasilios J. Kalogredis hc0305
Law Firm Management: By Joel Rose lfm0305

Regional

By Peter Hall: The owners of a storied resort hotel in the Poconos, where reputed Mob
boss William ―Billy‖ D’Elia was a frequent guest, received favorable rulings in the
Luzerne County courtroom of now disgraced Judge Michael T. Conahan.
Woodlands03xx

Gina: Plaintiffs lawyers may become the latest mass of people to dance down Broad
Street since the Phillies won the World Series.
The plaintiffs bar was jubilant yesterday over the U.S. Supreme Court’s much anticipated
decision in Wyeth v. Levine. The 6-3 decision affirmed lower courts’ rulings that state tort
claims over the warning labels of pharmaceuticals could not be pre-empted by federal
law simply because the U.S. Food and Drug Administration had approved the warning
labels. The opinion was being widely circulated among pharmaceutical defense attorneys
as well. Defense attorneys were a more somber crowd on Wednesday, finding great fault
with court’s ruling and vowing that the fight is far from over. Levine0305

Friday. March 6
Contributed:
Bankruptcy Update:By Francis Lawall and Nina Varughese bu0306
Professional Conduct: By Ellen C. Brotman, and Michael Hayes pc0306

Regional

By Peter Hall: The owners of a storied resort hotel in the Poconos, where reputed Mob
boss William ―Billy‖ D’Elia was a frequent guest, received favorable rulings in the
Luzerne County courtroom of now disgraced Judge Michael T. Conahan.
Woodlands03xx
Monday. March 9
Contributed:
Appellate Law: By Howard Bashman al0309
Technology: By Ed Grubb tech0309

Regional

By Gina Passarella: Montgomery McCracken Walker & Rhoads has been making some
moves lately — all involving white-collar defense and starting from the top down.
Not only is the firm set to gain Monday its second new white-collar defense attorney in
two weeks, but it has named a long-time white-collar defense partner as the firm’s new
chairman. Coffina0305

By Amaris Elliott-Engel: The Philadelphia Court of Common Pleas’ Complex
Litigation Center is often cited as a national model for mass torts litigation.
Common Pleas President Judge Pamela Pryor Dembe’s repeated calls in the first months
of her tenure to make Philadelphia’s mass torts program more attractive to the mass torts
bar is striking considering the reputation of a program. Dembe’s remarks are particularly
striking because Common Pleas Judge Sandra Mazer Moss, one of the original founders
of the Complex Litigation Center, was assigned to take over as the center’s coordinating
judge from Common Pleas Judge Allan S. Tereshko in January. Clc0309

Tuesday. March 10
Contributed:
Capital Gains: By Mark L. Silow cg0310
Eastern District: By Peter Vaira ed0310

Regional

By Amaris Elliott-Engel: The Philadelphia Court of Common Pleas’ Complex
Litigation Center is often cited as a national model for mass torts litigation.
Common Pleas President Judge Pamela Pryor Dembe’s repeated calls in the first months
of her tenure to make Philadelphia’s mass torts program more attractive to the mass torts
bar is striking considering the reputation of a program. Dembe’s remarks are particularly
striking because Common Pleas Judge Sandra Mazer Moss, one of the original founders
of the Complex Litigation Center, was assigned to take over as the center’s coordinating
judge from Common Pleas Judge Allan S. Tereshko in January. Clc0309

Gina: K&L Gates laid off 36 associates and 79 staff today and Morgan Lewis let go of
216 people, including 55 attorneys and 161 staffers. Klgatescuts0310

Zack: The wife of a man who died after his doctor allegedly failed to diagnose and treat
him for heart disease was awarded $4 million by a Berks County jury. MedMal0310
Zack2: The courtroom transformed several times into a comedy club during last week’s
state Supreme Court oral arguments in Pittsburgh, as the justices brought a remarkable
amount of levity to the three-day proceedings. Funny0310
Thursday, March 19
Contributed:
Employment Law: by Paul Zikmund
Bankruptcy Update: by Skip Di Massa and Sommer Ross

Regional


  Amaris3: A Philadelphia personal injury attorney asked that the start of his state prison
sentence be deferred so he could attend his daughter’s graduation from law school in May
and so he could wrap up the transfer of 50 personal injury cases to another lawyer. But
Philadelphia Common Pleas Judge Glenn B. Bronson was having none of it.
  Bronson said that H. Allen Litt, just like any other defendant, should have been
prepared to start his sentence related to insurance fraud on Wednesday and that he had
years — since an investigation started in 2005 — to prepare his law practice to transition
to someone else. Personal injury practices are changed over to other attorneys all the
time, the judge said. Litt0313

Gina: By the time Mark Tanner of Feldman Shepherd Wohlgelernter Tanner Weinstock
& Dodig secured an $11 million settlement in early 2008 for the family of a woman
killed in a head-on collision, he and his firm had already gone beyond their comfort zone,
handling custody and family law issues for the single mother’s three young children.
Tanner0320

Monday, March 23
Contributed:
Law Firm Management: By Eric Seeger lfm0323
Litigation: By David H. Colvin lit0323


Regional


  Amaris3: A Philadelphia personal injury attorney asked that the start of his state prison
sentence be deferred so he could attend his daughter’s graduation from law school in May
and so he could wrap up the transfer of 50 personal injury cases to another lawyer. But
Philadelphia Common Pleas Judge Glenn B. Bronson was having none of it.
  Bronson said that H. Allen Litt, just like any other defendant, should have been
prepared to start his sentence related to insurance fraud on Wednesday and that he had
years — since an investigation started in 2005 — to prepare his law practice to transition
to someone else. Personal injury practices are changed over to other attorneys all the
time, the judge said. Litt0313

Gina: Executive compensation has become quite the topic of conversation in both the
political realm and on Main Street. And legal work surrounding the issue has law firms
gearing up to help clients understand the debate and related legislation. Littler Mendelson
added two employee benefits and executive compensation shareholders to its
Philadelphia office last week as part of a clear effort to expand what it views as a
―premiere practice‖ in the current environment.


Zack: An Allegheny County jury has ordered Ford Motor Co. and local dealership
McCrackin Ford Inc. to pay $8.75 million to the family of a 43-year-old tow truck
operator who was killed when the parking brake on his truck gave way, causing the
vehicle to roll on top of him. Ford0323

Tuesday, March 24
Contributed:
Securities: By Robert L. Hickok and Gay Parks Rainville sec0324
Capital Gains: By Dane A. Holbrook cg0324


Regional


By Shannon Duffy: In a deal struck just moments before jury selection was set to begin,
Dietz & Watson had agreed to pay $10 million to a construction worker who was
paralyzed in a fall while erecting a pallet rack, plaintiffs lawyers said on Monday.

By Zack Needles: Plenty of people exercise religion at Alcoholics Anonymous meetings,
but that doesn’t make AA meetings religious exercises— at least not for zoning purposes,
according to the Commonwealth Court. AA0324

Gina: Wolf Block partnership voted to close the doors of the firm within a few months.
Dissolve0324

Gina (brief): Saul Ewing did an addition round of layoffs today, cutting seven attorneys
and seven staff. Saulcuts0324

Wednesday, March 25
Contributed:
GC: By Daniel J. DiLucchio and Darren R. Guy gc0325
White-Collar Law: By Erin Galbally and David M. Laigaie wc0325
Regional

Gina: It took more than 100 years to build and only 60 days to take down.
For the next two months, Wolf Block will wind down its practice and look to relocate the
300 attorneys and hundreds more staff to new homes. The firm voted Monday to dissolve
its practice in the face of restricting credit lines and slumping practices in the tough
economy. The next two months are serving as the 60-days notice required under the
federal Worker Adjustment and Retraining Notification Act, or WARN, Hildebrandt said.
He said that essentially serves as two months of paid notice for all staff and non-equity
attorneys and will function as severance. Once the next two months are up, the firm will
no longer practice law and will maintain a skeleton staff to help tie up loose ends, he said.
Wbcollapse0325

Gina 2: The Pennsylvania Supreme Court today told the City of Philadelphia to issue
HSP Gaming a foundation permit to begin building its planned SugarHouse Casino. The
court also appointed a special master to handle any further disputes between the city and
the gaming company. Gaming0325


Shannon: A prominent Pittsburgh law firm has lost its battle to prevent one of its female
partners from suing the firm for sex discrimination and sexual harassment now that the
3rd U.S. Circuit Court of Appeals has ruled that the woman cannot be forced to arbitrate
her claims.

Thursday, March 26
Contributed:
Workers’ Comp Update: By Dan DiLoretto wc0326
Litigation (pickup from the NLJ): By Jeane A. Thomas, David D. Cross and Courtney
Ingraffia Barton lit0326


Regional


Shannon: A prominent Pittsburgh law firm has lost its battle to prevent one of its female
partners from suing the firm for sex discrimination and sexual harassment now that the
3rd U.S. Circuit Court of Appeals has ruled that the woman cannot be forced to arbitrate
her claims.

Friday, March 27
Contributed:
Employment Law: By Jeffrey Campolongo el0327
Insight on Diversity: By Raymond Williams id0327
Regional


Shannon: A prominent Pittsburgh law firm has lost its battle to prevent one of its female
partners from suing the firm for sex discrimination and sexual harassment now that the
3rd U.S. Circuit Court of Appeals has ruled that the woman cannot be forced to arbitrate
her claims.

Gina: Dechert laid off 125 people Thursday, continuing a tough week for the
Philadelphia legal market as firms conducted layoffs, postponed start dates and did the
ultimate layoff- a dissolution. Dechert0327

Gina 2: Fox Rothschild will open a Stamford, Conn. Office with the addition of nine
attorneys who have been out on their own in the few months since their former firm,
Dreier, went bankrupt. Stamford0327

Gina 3: A number of Wolf Block attorneys have already found new homes, including
a large group that will be headed to Cozen O’Connor. WbtoCozen0327
Monday, March 30
Contributed:
Business Law: By Curtis L. Golkow bl0330
Public Interest Page (and calendar): By Deborah Gordon Klehr interest0330
By Megan Bremer public0330
Pcal0330


Regional

By Gina Passarella: Rumors that many Wolf Block attorneys may have carved out a
deal to join Cozen O’Connor before the dissolution vote has caused ire among some Wolf
Block attorneys and caused many in the community to describe the deal as the merger the
two firms couldn’t get done in previous attempts. Nextstep0330

  Amaris: There are still over 40 candidates for 11 Philadelpha judgeships on the ballot
as the official deadline to withdraw from the race came and went and Democratic City
Committee backed its slate of judges last week. Race0330



By Zack Needles: The state Superior Court has allowed a couple’s abuse of process
claim to continue against an insurance company that filed a petition to appoint a guardian
ad litem to negotiate a post-trial settlement following a $15 million judgment in favor of
the couple’s handicapped son. Harm0331

Tuesday, March 31
Contributed:
Trusts and Estates: By Robert Louis
The strong level of interest in business succession planning can be demonstrated by
recent local activities. PBI is holding a seminar on the subject shortly. A recent
presentation at the Philadelphia Estate Planning Council featured a speaker, Charles
Redd, who discussed some aspects of the succession planning process. In addition, the
Temple University Graduate Legal Studies Program is offering a course on family
business issues, taught by local attorney Brad Rainer. This confluence of educational
programs confirms the intuitive and anecdotal knowledge of many in the legal
community that business succession planning has become a source of good business for
lawyers and other advisors. Some of those lawyers and advisors are working on setting
up a chapter in this area of the Family Firm Institute, a national organization devoted to
family business issues.
 te0331
Capital Gains (pickup from Texas Lawyer): By Barrett Howell and Phillip Lamberson
Hypothetical Company Inc. (HCI) is in desperate need of cash, and its board of directors
decides to raise capital by selling some of the company's underutilized assets. HCI
conducts an expedited search for a buyer, but because of the distressed economic
environment, cannot find one offering a reasonable price. Nonetheless, the board
ultimately decides to accept the only offer received. All of HCI's equity holders support
the proposed transaction, since their equity, in all likelihood, would be wiped out if HCI
files bankruptcy, and the cash generated by the asset sale allows HCI to survive a little
longer. HCI's largest creditor, however, vehemently opposes the transaction, claiming the
price is insufficient and the assets should be sold in a lengthier process, even if that
means filing bankruptcy. Despite the creditor's opposition, HCI's counsel concludes that
the board faces very little exposure, since all of HCI's equity holders support the
transaction. Is HCI's counsel correct or misguided? cg0331


Regional

Shannon: In a ruling that could prompt the U.S. Supreme Court to take up yet another
significant pre-emption question in a drug products liability case, the 3rd U.S. Circuit
Court of Appeals has ruled that the the National Childhood Vaccine Injury Act was
designed to pre-empt all state law design defect claims.
 The 3rd Circuit's Mar. 27 ruling in Bruesewitz v. Wyeth Inc. creates a direct split
between the federal courts and a state's highest court because it specifically disagreed
with the analysis of the Georgia Supreme Court in its October 2008 decision in American
Home Products Corp v. Ferrari.
 The U.S. Supreme Court already has a pending petition for certiorari in the Ferrari case,
and the 3rd Circuit's ruling, by creating a split, could prompt the justices to take a closer
look.
By Zack Needles: The state Superior Court has allowed a couple’s abuse of process
claim to continue against an insurance company that filed a petition to appoint a guardian
ad litem to negotiate a post-trial settlement following a $15 million judgment in favor of
the couple’s handicapped son. Harm0331

Gina: Flaster Greenberg said Monday that it will move into new space April 1 in Four
Penn Center, right next door to its current location in Eight Penn Center. The firm is
moving from its 13,500 square foot space into the 27,000 square foot space of the
disbanding Gollatz Griffin & Ewing. With the space will come five attorneys and 10 staff
members from the firm Griffin & Vogler, which had been temporarily established after
Gollatz Griffin split up. Flastergrowth0331 Wednesday, April 1
Contributed:
GC (pickup from the NLJ): By Emily Heller gc0401
Intellectual Property: By Anthony Volpe ip0401


Regional

Shannon: In a ruling that could prompt the U.S. Supreme Court to take up yet another
significant pre-emption question in a drug products liability case, the 3rd U.S. Circuit
Court of Appeals has ruled that the the National Childhood Vaccine Injury Act was
designed to pre-empt all state law design defect claims.
 The 3rd Circuit's Mar. 27 ruling in Bruesewitz v. Wyeth Inc. creates a direct split
between the federal courts and a state's highest court because it specifically disagreed
with the analysis of the Georgia Supreme Court in its October 2008 decision in American
Home Products Corp v. Ferrari.
 The U.S. Supreme Court already has a pending petition for certiorari in the Ferrari case,
and the 3rd Circuit's ruling, by creating a split, could prompt the justices to take a closer
look.

By Zack Needles: The state Superior Court has allowed a couple’s abuse of process
claim to continue against an insurance company that filed a petition to appoint a guardian
ad litem to negotiate a post-trial settlement following a $15 million judgment in favor of
the couple’s handicapped son. Harm0331

Gina: Reed Smith confirmed Tuesday that it made its second round of economic-based
cuts, saying for the first time in this recession that it is letting go of U.S. attorneys as well
as staff.
The firm cut 17 associates and 55 support staff in the United States late Tuesday
morning. It also put 9 U.K. associates and 19 U.K. staff members into redundancy
consultation, putting the firms total potential layoff count for today at 100, according to
firm Managing Partner Gregory B. Jordan. Reedcuts0401
  Amaris: Michael Turner promises to bring his ability to talk to people and get people
to work together to bear on the city of Philadelphia’s criminal justice problems if he’s
elected as the next District Attorney. Turner0401

Thursday, April 2
Contributed:
Law Firm Management: By Joel Rose lfm0402
Health Care Law: By Vasilios J. Kalogredis hc0402


Regional

Shannon: In the first decision of its kind, a federal judge has ruled that a sperm bank may
be sued under products liability laws for failing to detect that a sperm donor had a genetic
defect known as ―Fragile X‖ that causes a syndrome of maladies including mental
retardation and behavioral disorders.


Shannon: In a ruling that could prompt the U.S. Supreme Court to take up yet another
significant pre-emption question in a drug products liability case, the 3rd U.S. Circuit
Court of Appeals has ruled that the the National Childhood Vaccine Injury Act was
designed to pre-empt all state law design defect claims.
 The 3rd Circuit's Mar. 27 ruling in Bruesewitz v. Wyeth Inc. creates a direct split
between the federal courts and a state's highest court because it specifically disagreed
with the analysis of the Georgia Supreme Court in its October 2008 decision in American
Home Products Corp v. Ferrari.
 The U.S. Supreme Court already has a pending petition for certiorari in the Ferrari case,
and the 3rd Circuit's ruling, by creating a split, could prompt the justices to take a closer
look. Bruesewitz0402


Amaris: The level of budget cuts to the city’s court system and other court-related
entities remains up in the air with City Council hearings weeks off from being held on
that part of city government and as the Mayor Michael Nutter administration seeks grant
funding to supplement court dollars. Budget0402


Friday, April 3
Contributed:
Professional Conduct: By Ellen C. Brotman and Michael Hayes pc0403
Bankruptcy Update: By Myron Bloom bu0403
Regional


Amaris: The level of budget cuts to the city’s court system and other court-related
entities remains up in the air with City Council hearings weeks off from being held on
that part of city government and as the Mayor Michael Nutter administration seeks grant
funding to supplement court dollars. Budget0402

  Amaris2: Pennsylvania will become one of the few states to directly fund civil legal
services for the indigent with attorney fees after the state Supreme Court ordered a $25
increase in the annual attorney assessment Thursday. Fee0403


Zack: The city of Philadelphia will have to strictly adhere to very specific instructions
when posting properties for sheriff’s sales from now on.
  A three-judge Commonwealth Court panel has unanimously voted to reverse a
Philadelphia trial court’s order denying a property owner’s motion to set aside a sheriff’s
sale, saying the city failed to comply with the mandatory procedural requirements set
forth in Section 39.2 of the Municipal Claims and Tax Liens Act when it served the
property owner with a notice of a decree to allow the sheriff’s sale to go forward only
two days before the actual sale took place. Schaffer0403

Gina: Managing partners have been complaining for years about increasing associate
salaries, though it ultimately became in Philadelphia a good marketing tool to be the first
to raise them. The same rules don’t apply now that the pendulum is swinging the other
way. The first to take an axe to associate compensation risks falling out of favor with law
schools and future recruits, though many see a compensation cut as an otherwise smart
business decision that would serve as a ―market correction‖ rather then an unfortunate
result of the bad economy.

Monday, April 6
Contributed:
Real Estate: By Harris Ominsky re0406
Antitrust Law: By Carl Hittinger al0406


Regional

Amaris: The first statewide innocence project starts this week. Innocence0406
  Amaris2: Pennsylvania will become one of the few states to directly fund civil legal
services for the indigent with attorney fees after the state Supreme Court ordered a $25
increase in the annual attorney assessment Thursday. Fee0403

Gina (EMBARGOED UNTIL MONDAY – Print and Online): Morgan Lewis &
Bockius had a busy few days bringing on lateral hires last week. The firm added six
healthcare partners from Sonnenschein Nath & Rosenthal between its Washington, D.C.,
and San Francisco offices, adding to the firm’s life sciences practice.
The lateral moves came closer to home at the end of the week when the firm brought on
two litigators from Blank Rome.

Gina 2: A three-judge Superior Court panel has upheld a $4 million verdict against
trustees of the University of Pennsylvania in a breach of contract case and ruled the
plaintiff, a former head of pediatric dentistry at the school, was not entitled to pre-
judgment interest. Helpin0403




Tuesday, April 7
Contributed:
Capital Gains: By Michael A. Gillen and Steven M. Packer cg0407
 Employment Law: By Carolyn M. Plump el0407


Regional

Amaris: The Philadelphia Bar Association released its first round of ratings of
Philadelphia judicial candidates Monday, finding five candidates for the Court of
Common Pleas and Municipal Court not recommended.

Gina 1: Managing partners have been complaining for years about increasing associate
salaries, though in Philadelphia it ultimately became a good marketing tool to be the first
in town to raise them. The same rules don’t apply now that the pendulum is swinging the
other way. The first to take an axe to associate compensation risks falling out of favor
with law schools and future recruits. However, many see a compensation cut as an
otherwise smart business decision that would serve as a ―market correction‖ rather then
an unfortunate result of the bad economy. Salarycuts0403

Gina 2: The MCARE Fund does not have to pay out its $1 million statutory policy limit
twice if a single mistake by a doctor happens to affect twins, the Commonwealth Court
ruled, but it does have to pay full delay damages and post-judgment interest on a larger
jury award that came in before the $1 million settlement. Kinney0407
Wednesday, April 8
Contributed:
Litigation: By Sol Weiss lit0408
GC: By Ursula Furi-Perry cg0408



Regional

Gina 1: Managing partners have been complaining for years about increasing associate
salaries, though in Philadelphia it ultimately became a good marketing tool to be the first
in town to raise them. The same rules don’t apply now that the pendulum is swinging the
other way. The first to take an axe to associate compensation risks falling out of favor
with law schools and future recruits. However, many see a compensation cut as an
otherwise smart business decision that would serve as a ―market correction‖ rather then
an unfortunate result of the bad economy. Salarycuts0403

Gina 2: The MCARE Fund does not have to pay out its $1 million statutory policy limit
twice if a single mistake by a doctor happens to affect twins, the Commonwealth Court
ruled, but it does have to pay full delay damages and post-judgment interest on a larger
jury award that came in before the $1 million settlement. Kinney0407

Gina 3 (CHART & ICON): A look at Drinker Biddle & Reath’s 2008 financials.
Drinkerfinancials0331

Amaris: Michael Untermeyer is taking his campaign for Philadelphia District Attorney
on the road to New York City and San Francisco.



Thursday, April 9
Contributed:
Business of Law: By Frank D’Amore bl0409
Workers’ Comp Update: By Christian Petrucci wc0409


Regional

Gina 2: The MCARE Fund does not have to pay out its $1 million statutory policy limit
twice if a single mistake by a doctor happens to affect twins, the Commonwealth Court
ruled, but it does have to pay full delay damages and post-judgment interest on a larger
jury award that came in before the $1 million settlement. Kinney0407

Gina 3 (CHART & ICON): A look at Drinker Biddle & Reath’s 2008 financials.
Drinkerfinancials0331
Gina: Duane Morris is set to pick up 16 attorneys from dissolving Wolf Block’s labor
and employment group, along with several staff, paralegals and marketing professionals.
News of the addition comes a day after Duane Morris said it would get 24 attorneys from
Wolf Block, mainly in the area of litigation. Labortoduane0409

Amaris: Within an hour of concluding oral arguments over whether Philadelphia District
Attorney candidate Seth Williams can legally participate in the May 19 Democratic
primary, the Commonwealth Court issued an order restoring Williams to the ballot.
Seth0409

Friday, April 10
Contributed:
Business Law: By Richard F. Moroco bl0410
Intellectual Property: By Michael A. Hamilton and C. Scott Rybny ip0410


Regional


Gina 3 (CHART & ICON): A look at Drinker Biddle & Reath’s 2008 financials.
Drinkerfinancials0331

Amaris: A $3.5 million medical malpractice verdict was revived in a Superior Court
ruling that found that a doctor’s payment into the mandatory Medical Care Availability
and Reduction of Error Fund (MCARE) system makes MCARE equivalent to excess
insurance in covering a doctor’s liabilty in medical malpractcie claims. Tindall0410
Wednesday, April 15
Contributed:
GC (pickup from Texas Lawyer): By Jenny B. Davis gc0415
Franchise Law: By Craig Trachtenberg fl0415


Regional


By Amaris Elliott-Engel: One of the highest settlements was reached in Wayne County
when Philadelphia attorneys secured a $3.2 million for the husband of a woman killed by
a piece of farming equipment that whipped lose from the truck hauling it on the open
road. Curtis0413

  Amaris2: Two Philadelphia law school professors will be moving into higher
education leadership roles after Phoebe A. Haddon and Wendell E. Pritchett were
respectively appointed in the last month as dean of the University of Maryland School of
Law and as chancellor of State University of New Jersey Rutgers-Camden campus.
Lawprofsmakegood0416


Gina: Claims that a Catholic school defamed a student by falsely sending out a letter
saying he brought a penknife to school are not barred under the deference rule because
the student wasn’t challenging anything related to religious doctrine, the child’s attorney
argued today before the state Supreme Court. ―This is a garden variety defamation
claim,‖ attorney Alan Gold of Gold & Robins in Jenkingtown, Pa. told the justices. ―It is
nothing less and nothing more. Only because of who made the statements are we here
today.‖ Connor0415

Gina 2: A class of lawyers who claim to have been overcharged by a medical records
company has no remedy because it voluntarily paid the bills and the Medical Records Act
provides no private cause of action, an attorney for the company argued Tuesday before
the state Supreme Court. Liss0416


Thursday, April 16
Contributed:
Paralegals Page (with calendar): By Kim Walker para0416
Environmental Law: By Lynn R. Rauch and Kathleen Campbell el0416


Regional


  Amaris: Two Philadelphia law school professors will be moving into higher education
leadership roles after Phoebe A. Haddon and Wendell E. Pritchett were respectively
appointed in the last month as dean of the University of Maryland School of Law and as
chancellor of State University of New Jersey Rutgers-Camden campus.
Lawprofsmakegood0416

  Amaris2: Pennsylvania attorneys have often been beleaguered when preparing
statements of their clients’ grounds for appeal, caught between the requirement of
conciseness in the statements and the need to preserve all of a litigant’s issues for appeal.
  The state Supreme Court heard oral arguments in a case Tuesday that could further
clarify the appropriate framework for the statements of grounds for appeal by answering
this question: whether trial judges can require attorneys to prepare a second statement of
their clients’ grounds for appeal if the first statement is unclear. Tucker0416

  Amaris3 (brief): The Philadelphia Bar Association releases its latest round of judicial
candidate ratings. rating0416
Gina 2: A class of lawyers who claim to have been overcharged by a medical records
company has no remedy because it voluntarily paid the bills and the Medical Records Act
provides no private cause of action, an attorney for the company argued Tuesday before
the state Supreme Court. Liss0416

Gina: A claims-made and reported insurance policy requires a claim within the policy
period be reported within the period in order to trigger coverage, an attorney for the
insurance company argued before the Pennsylvania Supreme Court. John Harkins of
Harkins Cunningham, arguing for Ace American insurance company, suggested a
second, heightened notice requirement for claims that might exceed $4 million can only
be met when it becomes apparent the claim could be worth more than that, even if it isn’t
within the reporting policy. Ace0416

Gina 3: An attorney can’t collect fees from a client in the midst of a divorce through a
lien on property because the estate is in the custody of the court during divorce
proceedings, the Superior Court ruled. The case put a 1989 Superior Court opinion,
Klebach v. Mellon Bank, against a section of the state’s code relating to domestic
relations and the case won out. Mcardle0416
Friday, April 17
Contributed:
Bankruptcy Update: By Francis Lawall
Environmental Law (pickup from NYLJ): By Steven C. Russo and Ashley S. Miller
el0417

Regional


  Amaris: Pennsylvania attorneys have often been beleaguered when preparing
statements of their clients’ grounds for appeal, caught between the requirement of
conciseness in the statements and the need to preserve all of a litigant’s issues for appeal.
  The state Supreme Court heard oral arguments in a case Tuesday that could further
clarify the appropriate framework for the statements of grounds for appeal by answering
this question: whether trial judges can require attorneys to prepare a second statement of
their clients’ grounds for appeal if the first statement is unclear. Tucker0416

  Amaris2: The state Supreme Court heard a class action appeal this week in a case that
could signal the philosophical direction of class action jurisprudence in Pennsylvania.
Kia0417

Gina 4: As was long expected, Wolf Block Chairman Mark Alderman will be joining
more than 60 of his former Wolf Block colleagues at Cozen O’Connor. Alderman0417
Gina: A claims-made and reported insurance policy requires a claim within the policy
period be reported within the period in order to trigger coverage, an attorney for the
insurance company argued before the Pennsylvania Supreme Court. John Harkins of
Harkins Cunningham, arguing for Ace American insurance company, suggested a
second, heightened notice requirement for claims that might exceed $4 million can only
be met when it becomes apparent the claim could be worth more than that, even if it isn’t
within the reporting policy. Ace0416

Gina 3: An attorney can’t collect fees from a client in the midst of a divorce through a
lien on property because the estate is in the custody of the court during divorce
proceedings, the Superior Court ruled. The case put a 1989 Superior Court opinion,
Klebach v. Mellon Bank, against a section of the state’s code relating to domestic
relations and the case won out. Mcardle0416

Gina 2: The Superior Court rejected a Philadelphia trial judge’s interpretation of the two-
disease rule in asbestos litigation where the trial judge said a plaintiff could not sue for
two separate diseases if they were both malignant. The case follows a string of asbestos-
related opinions from Pennsylvania courts that have brought asbestos litigation into the
spotlight. Daley0417
Monday, April 20
Contributed:
Real Estate: By George Asimos re0420
ADR: By Charles F. Forer adr0420

Regional


  Amaris2: The state Supreme Court heard a class action appeal this week in a case that
could signal the philosophical direction of class action jurisprudence in Pennsylvania.
Kia0417

Gina: A claims-made and reported insurance policy requires a claim within the policy
period be reported within the period in order to trigger coverage, an attorney for the
insurance company argued before the Pennsylvania Supreme Court. John Harkins of
Harkins Cunningham, arguing for Ace American insurance company, suggested a
second, heightened notice requirement for claims that might exceed $4 million can only
be met when it becomes apparent the claim could be worth more than that, even if it isn’t
within the reporting policy. Ace0416

Gina 2: The Superior Court rejected a Philadelphia trial judge’s interpretation of the two-
disease rule in asbestos litigation where the trial judge said a plaintiff could not sue for
two separate diseases if they were both malignant. The case follows a string of asbestos-
related opinions from Pennsylvania courts that have brought asbestos litigation into the
spotlight. Daley0417
Gina 3: More and more pieces of the Wolf Block puzzle are finding a new fit as the firm
nears completion of its dissolution. All but one lawyer in the firm’s 13-attorney
Harrisburg office have joined Pittsburgh-based Eckert Seamans Cherin & Mellott, which
already has 25 lawyers in the state’s capital.
According to Wolf Block’s Web site, there were10 partners and 3 associates in the
Harrisburg office. They practice in the areas of energy, telecommunications and utility
regulation, employment services, litigation, health care law, tax and real estate.
Harrisburg420

Thursday, April 23
Contributed:
Insight on Diversity: By Wesley Payne ID0423
Workers’ Comp Update: By Daniel Diloretto wc0421

Regional


  Amaris: The state Supreme Court heard a class action appeal this week in a case that
could signal the philosophical direction of class action jurisprudence in Pennsylvania.
Kia0417

  Amaris2: Minority stakeholders in a home healthcare services company have been
awarded close to $5 million in an arbitration after an arbitratrot determined the
stakeholders had been subject to shareholder oppression by the majority stakeholder.
Young0423

Gina 2: The Superior Court rejected a Philadelphia trial judge’s interpretation of the
separate-disease rule in asbestos litigation where the trial judge said a plaintiff could not
sue for two separate diseases if they were both malignant. The case follows a string of
asbestos-related opinions from Pennsylvania courts that have brought asbestos litigation
into the spotlight. Daley0417
Friday, April 24
Contributed:
Employment Law:

Regional

  Amaris2: Minority stakeholders in a home healthcare services company have been
awarded close to $5 million in an arbitration after an arbitratrot determined the
stakeholders had been subject to shareholder oppression by the majority stakeholder.
Young0423

Gina 2: The Superior Court rejected a Philadelphia trial judge’s interpretation of the
separate-disease rule in asbestos litigation where the trial judge said a plaintiff could not
sue for two separate diseases if they were both malignant. The case follows a string of
asbestos-related opinions from Pennsylvania courts that have brought asbestos litigation
into the spotlight. Daley0417

Gina: The cocktail of choice these days for many large law firms seems to be one part
layoffs, one part summer program curtailment and one part deferral of start dates --
sometimes with a twist of salary cuts.
Some in the community think making salary cuts a bigger part of that equation could
reduce the need for the other ingredients. Deferred0424

Gina 3: An employee rendered quadriplegic in an accident while driving his work truck
is not barred by the exclusivity provision of the Workers’ Compensation Act from suing
his employer for allegedly destroying parts of the vehicle and hindering his ability to sue
the truck manufacturer, the Superior Court ruled. Minto0423

Gina 4: Rawle & Henderson may have lost its fight to get a professional negligence suit
against the firm thrown out at the preliminary objection stage, but it has succeeded in
carving out some of the claims through judgment on the pleadings. Rawle0424

Zack: A Lackawanna County Common Pleas judge has ruled that two petitioners in an
underinsured motorist case cannot object to evidence their own counsel introduced. Judge
Terrence R. Nealon denied Joseph and Sharon Slavitskas’ pro se petition to vacate a UIM
award on the grounds of what they said was the prejudicial misconduct of arbitrators who
took into consideration certain videotape evidence. UIM0424




Monday, April 27
Contributed:
Public Interest Page (with calendar): By Laval Miller-Wilson public0427
By Rebecca E. Johnson interest0427
Pcal0427
Litigation (pickup from Legal Times): By Michael D. Jones lit0427

Regional

  Amaris2: Minority stakeholders in a home healthcare services company have been
awarded close to $5 million in an arbitration after an arbitrator determined the
stakeholders had been subject to shareholder oppression by the majority stakeholder.
Young0423
Gina 2: The Superior Court rejected a Philadelphia trial judge’s interpretation of the
separate-disease rule in asbestos litigation where the trial judge said a plaintiff could not
sue for two separate diseases if they were both malignant. The case follows a string of
asbestos-related opinions from Pennsylvania courts that have brought asbestos litigation
into the spotlight. Daley0417

Gina 3: An employee rendered quadriplegic in an accident while driving his work truck
is not barred by the exclusivity provision of the Workers’ Compensation Act from suing
his employer for allegedly destroying parts of the vehicle and hindering his ability to sue
the truck manufacturer, the Superior Court ruled. Minto0423

Zack: A Lackawanna County Common Pleas judge has ruled that two petitioners in an
underinsured motorist case cannot object to evidence their own counsel introduced. Judge
Terrence R. Nealon denied Joseph and Sharon Slavitskas’ pro se petition to vacate a UIM
award on the grounds of what they said was the prejudicial misconduct of arbitrators who
took into consideration certain videotape evidence. UIM0424




Tuesday, April 28
Contributed:
SEC: By Katayun I. Jaffari sec0428
Capital Gains (pickup from NYLJ):By Paul H. Shur. Cg0428

Regional

  Amaris2: Minority stakeholders in a home healthcare services company have been
awarded close to $5 million in an arbitration after an arbitrator determined the
stakeholders had been subject to shareholder oppression by the majority stakeholder.
Young0423

Gina 2: An employee rendered quadriplegic in an accident while driving his work truck
is not barred by the exclusivity provision of the Workers’ Compensation Act from suing
his employer for allegedly destroying parts of the vehicle and hindering his ability to sue
the truck manufacturer, the Superior Court ruled. Minto0423

Zack: A Lackawanna County Common Pleas judge has ruled that two petitioners in an
underinsured motorist case cannot object to evidence their own counsel introduced. Judge
Terrence R. Nealon denied Joseph and Sharon Slavitskas’ pro se petition to vacate a UIM
award on the grounds of what they said was the prejudicial misconduct of arbitrators who
took into consideration certain videotape evidence. UIM0424
Gina: David Girard-diCarlo spent decades in leadership positions at Blank Rome,
helping usher the firm through several growth initiatives, and now he will try to do the
same at Cozen O’Connor. Dicarlo0428


By Shannon Duffy: Prominent Republican lobbyist Frederick W. Anton III has been
cleared of civil insider trading charges by a federal judge who declared in his verdict that
the Securities and Exchange Commission had failed to prove its claim because its key
witness lacked credibility.
Wednesday, April 29
Contributed:
GC (pickup from Corporate Counsel): By Sherry Karabin gc0429
Law Firm Management: By Susan Letterman White lfm0429

Regional

  Amaris: Minority stakeholders in a home healthcare services company have been
awarded close to $5 million in an arbitration after an arbitrator determined the
stakeholders had been subject to shareholder oppression by the majority stakeholder.
Young0423

  Amaris2: A dispute over the participation of the Philadelphia City Solicitor in the
Philadelphia Bar Association’s judicial candidate ratings arm has been sparked after two
attorneys wrote letters to the city Board of Ethics questioning the propriety of that
involvement and a judicial candidate separately raised the same concern. Ethics0430

  Amaris3: The race for Philadelphia District Attorney is tightening as many of the
significant endorsements roll in and as the mud starts flying between some of the
campaigns.


Gina 2: An employee rendered quadriplegic in an accident while driving his work truck
is not barred by the exclusivity provision of the Workers’ Compensation Act from suing
his employer for allegedly destroying parts of the vehicle and hindering his ability to sue
the truck manufacturer, the Superior Court ruled. Minto0423

Zack: A Lackawanna County Common Pleas judge has ruled that two petitioners in an
underinsured motorist case cannot object to evidence their own counsel introduced. Judge
Terrence R. Nealon denied Joseph and Sharon Slavitskas’ pro se petition to vacate a UIM
award on the grounds of what they said was the prejudicial misconduct of arbitrators who
took into consideration certain videotape evidence. UIM0424

Thursday, April 30
Contributed:
Law Office Technology (pickup from Law Technology News): By By Craig Ball
tl0430
Employment Law: By Ryan Fleming el0430

Regional

Amaris: A dispute over the participation of the Philadelphia City Solicitor in the
Philadelphia Bar Association’s judicial candidate ratings arm has been sparked after two
attorneys wrote letters to the city Board of Ethics questioning the propriety of that
involvement and a judicial candidate separately raised the same concern. Ethics0430

  Amaris2: The First Judicial District offered a counter-proposal to its proposed budget
of $99 million in a City Council hearing Wednesday, arguing a smaller cut $106.6
million would allow the court to avoid layoffs and keep speciality, but not required, court
programs in place. Budget0430

Amaris3: The race for Philadelphia District Attorney is tightening as many of the
significant endorsements roll in and as the mud starts flying between some of the
campaigns.

Gina 2: An employee rendered quadriplegic in an accident while driving his work truck
is not barred by the exclusivity provision of the Workers’ Compensation Act from suing
his employer for allegedly destroying parts of the vehicle and hindering his ability to sue
the truck manufacturer, the Superior Court ruled. Minto0423

Gina: Schnader Harrison Segal & Lewis’ new managing partner sees the current
economic environment as an opportunity for the firm – and as the impetus needed for
firms to rethink the practice of law. Lepore0430

Gina 3: The Pennsylvania Superior Court reversed a trial judge’s ruling requiring an
insurance company to cover legal fees a client racked up in a patent infringement suit
against it. Because the patent case was by another vendor and not a client, it wasn’t
covered under the policy’s professional liability protection, the court ruled.

Gina 4: A recap of how Philadelphia firms did on the AmLaw 100 rankings.
Amlawphilly0430

Gina brief: Wolf Block partner Bruce Lesser was originally said to have moved to
Cozen O’Connor but announced today he was going to Wolf Block. Both he and Cozen
O’Connor said that even though it was announced he would make a move, a deal was
never signed and he was never employed by the firm. Lesserbrief0430
Friday, May 1
Contributed:
Professional Conduct: By Ellen C. Brotman and Michael Hayes pc0501
Bankruptcy Update: By Rudolph J. Di Massa Jr. and Adrian C. Maholchic bu0501
Regional

Amaris: A dispute over the participation of the Philadelphia City Solicitor in the
Philadelphia Bar Association’s judicial candidate ratings arm has been sparked after two
attorneys wrote letters to the city Board of Ethics questioning the propriety of that
involvement and a judicial candidate separately raised the same concern. Ethics0430

Amaris2: The race for Philadelphia District Attorney is tightening as many of the
significant endorsements roll in and as the mud starts flying between some of the
campaigns. da0501


Gina 3: The Pennsylvania Superior Court reversed a trial judge’s ruling requiring an
insurance company to cover legal fees a client racked up in a patent infringement suit
against it. Because the patent case was by another vendor and not a client, it wasn’t
covered under the policy’s professional liability protection, the court ruled. Caliber0430

Shannon: Abortion protesters in Pennsylvania are on a winning streak with a trio of
recent decisions in the federal courts that recognized their right to sue when police
allegedly make it impossible for the protesters to reach their intended audience - women
on the verge of terminating their pregnancies. Protest51

Gina 2: A little more than two weeks after the Pennsylvania Supreme Court heard
arguments in a case seeking to force insurers of claims-made policies to show they were
prejudiced by delayed notice, the court rejected the idea in a one-sentence per curiam
order affirming the Superior Court.

Gina: The Superior Court had no authority to sua sponte switch a client’s professional
malpractice claim against a law firm to a breach of contract claim when the breach of
contract claim was never raised by any party, the Pennsylvania Supreme Court ruled in a
6-to-1 opinion.
Zack: The pass rate of the February 2009 bar examination was very slightly lower than
that of last February’s test but was still above half of the total applicants. Bar0501

Zack2: The state Supreme Court has ruled that a ban on political contributions by
gaming licensees is an unconstitutional bar on free expression. Casino0501

Monday, May 4
Contributed:
Antitrust Law: By Carl Hittinger al0504
Real Estate: By Harper Dimmerman re0504
Regional

Amaris: A dispute over the participation of the Philadelphia City Solicitor in the
Philadelphia Bar Association’s judicial candidate ratings arm has been sparked after two
attorneys wrote letters to the city Board of Ethics questioning the propriety of that
involvement and a judicial candidate separately raised the same concern. Ethics0430

Amaris2: The race for Philadelphia District Attorney is tightening as many of the
significant endorsements roll in and as the mud starts flying between some of the
campaigns. da0501


Gina 3: The Pennsylvania Superior Court reversed a trial judge’s ruling requiring an
insurance company to cover legal fees a client racked up in a patent infringement suit
against it. Because the patent case was by another vendor and not a client, it wasn’t
covered under the policy’s professional liability protection, the court ruled. Caliber0430


Zack: The pass rate of the February 2009 bar examination was very slightly lower than
that of last February’s test but was still above half of the total applicants. Bar0501
Tuesday, May 5
Contributed:
Capital Gains: By Stephen Packer and Stanley Todd cg0505
Damages: By William Harris dam0505


Regional

Amaris: A dispute over the participation of the Philadelphia City Solicitor in the
Philadelphia Bar Association’s judicial candidate ratings arm has been sparked after two
attorneys wrote letters to the city Board of Ethics questioning the propriety of that
involvement and a judicial candidate separately raised the same concern. Ethics0430

Peter and Hank: Former Pennsylvania Supreme Court Justice Ralph J. Cappy, who was
arguably the court’s most forceful leader of the past 20 years but was dogged by the
controversial 2005 pay raise, will probably be best remembered in the Philadelphia legal
community for his efforts to help clean up a huge case backlog and modernize its court
system.

Shannon (brief): In the court battle over Janet Jackson's infamous ―wardrobe
malfunction‖ at the 2004 Superbowl, the U.S. Supreme Court has ordered the 3rd U.S.
Circuit Court of Appeals to take a second look at the case and to consider reinstating the
$550,000 in fines that the Federal Communications Commission imposed on CBS over
Jackson's breast-baring performance.
In a one-paragraph order in FCC v. CBS Corp., the justices on Monday granted certiorari,
immediately vacated the 3rd Circuit's judgment, and remanded it for reconsideration in
light of the high court's recent decision in FCC v. Fox Television Stations.


Leo:

Zack: The golden ―Booth & Tucker‖ sign that hung on the wall behind the receptionist’s
desk was taken down Monday afternoon, signifying the end of what was arguably one of
the state’s most well-known minority-owned and run law firms. Founding partner
Christopher R. Booth Jr. left Philadelphia-based plaintiffs firm Booth & Tucker on April
27 and the firm officially became the Tucker Law Group that same day.
Booth0505

Wednesday, May 6
Contributed:
GC (pickup from the Daily Business Review): By John Pacenti
There are fewer than 250 cases of swine flu in the United States, but its fervor may prove
more contagious than its fever. Gc0506
Intellectual Property: By Paul Prestia, Andrew Koopman, Zach Fansler and Jaimin
Shah
From reports published daily, detailing layoffs, furloughs and salary cuts at firms of all
sizes and in all areas of the law, a scenario of infectious negativity seems to dominate the
legal industry. Accompanying each of these reports, the public relations statements of
the firms involved tell a different story: ―Today’s tough times have required some
reductions, but we’re optimistic going forward.‖ Inferentially, the word ―hopefully‖
probably should appear in all of those statements. As a managing partner in firm of a
type not in the news (a traditional intellectual property firm with thirty five lawyers and
about 100 employees), I was concerned as to how new associates in firms like ours react
to this infectious negativity, emanating as it does from much larger firms. To learn more
about their reaction, I asked the first year associates in my firm to express their view on
the subject. ip0506


Regional

Amaris: A dispute over the participation of the Philadelphia City Solicitor in the
Philadelphia Bar Association’s judicial candidate ratings arm has been sparked after two
attorneys wrote letters to the city Board of Ethics questioning the propriety of that
involvement and a judicial candidate separately raised the same concern. Ethics0430

Zack: Law schools across the country may soon feel the push toward making their
curricula more real world-oriented. A panel discussion titled the ―Future of Innovation‖
at the Third Circuit Judicial Conference in Philadelphia Tuesday saw representatives
from four prominent, yet very different, law schools talk about how they’ve been trying
to better prepare their students for life after graduation. Panel0506
Thursday, May 7
Contributed:
Health Care Law: By Vasilios J. Kalogredis hc0507
Law Firm Management: By Joel A. Rose lfm0507


Regional

Amaris: A dispute over the participation of the Philadelphia City Solicitor in the
Philadelphia Bar Association’s judicial candidate ratings arm has been sparked after two
attorneys wrote letters to the city Board of Ethics questioning the propriety of that
involvement and a judicial candidate separately raised the same concern. Ethics0430

  Amaris2: Despite a tough economy, around 150 court officials from across the country
will convene in Pittsburgh today for a national meeting on racial and ethnic fairness in
the courts.conference0507


Zack: The Superior Court has ruled in a case of first impression that a stipulation
limiting a plaintiff’s maximum damages to $25,000 in exchange for admission of reports
from the plaintiff’s expert witnesses can be withdrawn at the discretion of the trial court.
A three-judge panel unanimously affirmed Chester County trial judge Edward Griffith
decision to allow the plaintiff in a personal injury case to withdraw her stipulation filed
under Pa.R.C.P. 1311.1. Dolan0507

Gina: Despite finishing its fiscal year three months further into a difficult 2009 than most
firms with a December year-end, Fox Rothschild showed significant gains in nearly all of
its key financial indicators for 2008 thanks to a year firm management said saw returns
on three years’ worth of investments. Foxfinancials0504


Friday, May 8
Contributed:
Litigation: By Thomas Anapol and Gregory Spizer lit0508
Commentary: By Jules Epstein commentary0508

Regional

Shannon: In a holding fraught with irony, a federal appeals court has declared that the
so-called ―mailbox rule‖ cannot be invoked to save an otherwise time-barred suit against
the U.S. Postal Service.
Zack: The Superior Court has ruled in a case of first impression that a stipulation
limiting a plaintiff’s maximum damages to $25,000 in exchange for admission of reports
from the plaintiff’s expert witnesses can be withdrawn at the discretion of the trial court.
A three-judge panel unanimously affirmed Chester County trial judge Edward Griffith
decision to allow the plaintiff in a personal injury case to withdraw her stipulation filed
under Pa.R.C.P. 1311.1. Dolan0507

Gina (ICON and CHART): A look at Saul Ewing’s financials for 2008. Profits,
revenues down – RPL up. Big changes in equity/non-equity tiers. Saulfinancials0508

Amaris: Three asbestos plaintiffs secured settlements between $3 and $5 million last
month after a Philadelphia jury returned three multi-million dollar verdicts in the
plaintiffs’ consolidated product liability trial.
Monday, May 11
Contributed:
Appellate Law: By Howard Bashman al0511
Trusts & Estates: By Robert Louis te0511

Regional

Shannon: In a holding fraught with irony, a federal appeals court has declared that the
so-called ―mailbox rule‖ cannot be invoked to save an otherwise time-barred suit against
the U.S. Postal Service.

Amaris: Three asbestos plaintiffs secured settlements between $3 and $5 million last
month after a Philadelphia jury returned three multi-million dollar verdicts in the
plaintiffs’ consolidated product liability trial.



Gina 1: Dechert opened a Moscow office with the addition of five partners from
Chadbourne & Parke, including the latter firm's managing partner for its Moscow and St.
Petersburg offices. moscow0508

Gina 2 (First part of series: GETS AN ICON, Victor has it): The series, New Firm
Order, looks at the lasting effects the current economy will have on the way law firms
and law departments operate. The first part looks at the use of first-year associates,
leverage and staffing models.

Zack: the May 19 Bucks County primaries are over a week away, but the District
Attorney and Common Pleas Judge races have already had their fair share of strange
twists and turns. Bucks0511
Tuesday, May 12
Contributed:
Eastern District Practice: By Peter Vaira ed0512
Capital Gains: By Mark Silow cg0512

Regional

Shannon: A court battle over the intellectual property rights to the designs for tie-dyed
tee shirts seems to have left a federal judge red in the face.

In Banzai Inc. v. Broder Bros. Co., U.S. District Judge Bruce W. Kauffman not only
tossed out all claims of copyright infringement brought by the plaintiff, but ordered that it
pay the defendants' attorney fees and costs as well.

―Plaintiff’s claim, based upon its selection of two or three commonly-combined colors in
what it admits is an otherwise unprotectable design, is objectively unreasonable and
frivolous,‖ Kauffman wrote.

Amaris: Three asbestos plaintiffs secured settlements between $3 and $5 million last
month after a Philadelphia jury returned three multi-million dollar verdicts in the
plaintiffs’ consolidated products liability trial.


Zack: The May 19 Bucks County primaries are over a week away, but the District
Attorney and Common Pleas Judge races have already had their fair share of strange
twists and turns. Bucks0511

Zack2: Jenkintown, Pa.-based Friedman Schuman Applebaum Nemeroff & McCaffery,
has acquired three former Wolf Block partners, including Lawrence R. Lesser co-chair of
the firm’s financial service department. Lateral0512

Gina: A more in-depth look at and reaction to Drinker Biddle & Reath’s decision last
week to cut first-year associate salaries to $105,000 for the first six months of the year in
order to focus on training. The salaries will go back to ―market rate‖ after six months.
The ACC endorses this model. Drinkertraining0512
Wednesday, May 13
Contributed:
General Counsel (pickup from the NJLJ): By Sheri Qualters gc0513
Employment Law: By Sid Steinberg el0513

Regional


Amaris: Three asbestos plaintiffs secured settlements between $3 and $5 million last
month after a Philadelphia jury returned three multi-million dollar verdicts in the
plaintiffs’ consolidated products liability trial.


Zack: The May 19 Bucks County primaries are over a week away, but the District
Attorney and Common Pleas Judge races have already had their fair share of strange
twists and turns. Bucks0511
Thursday, May 14
Contributed:
Workers’ Comp Update: By Christian Petrucci wc0514
Business of Law: By Frank M. D’Amore bl0514

Regional


Amaris: Three asbestos plaintiffs secured settlements between $3 and $5 million last
month after a Philadelphia jury returned three multi-million dollar verdicts in the
plaintiffs’ consolidated products liability trial.

  Amaris2: A Philadelphia judge has ruled that a tobacco company violated a 1990s-era
master settlement between several tobacco companies and 46 states by publishing
advertisements in Rolling Stone that contained cartoon imagery. Tobacco0514

  Amaris3: The Philadelphia District Attorney’s Office will receive $4 million more in
funding than initially proposed by Mayor Michael A. Nutter, while court funding will
stay at Nutter’s proposed level of $99 million — a $15.5 million cut from the beginning
of this fiscal year. Budget0514




Zack: A Philadelphia County jury has awarded almost $2.2 million to the wife and estate
of a 51-year-old man who died after doctors failed to diagnose and treat him for a heart
condition. MedMal0514

Gina: Internal e-mails between former and current Wolf Block partners and staff
demonstrate the raw nerves that are exposed with the firm less than two weeks from
closing its doors. Former partners call out senior leadership for what they said was failed
leadership and financial mismanagement and staff express frustration that they still don’t
know when their last day will be. Wbreaction0513

Friday, May 15
Contributed:
Legal Marketing: By Ritchenya A. Dodd lm0515
Bankruptcy Update: By Myron Bloom bu0515

Regional


Amaris: Three asbestos plaintiffs secured settlements between $3 and $5 million last
month after a Philadelphia jury returned three multi-million dollar verdicts in the
plaintiffs’ consolidated products liability trial.

  Amaris2: The Pennsylvania state court system is facing a $34 million shortfall, or a six
percent cut, from its requested budget, and state Supreme Court Chief Justice Ronald D.
Castille is lobbying for a higher level of funding for the court system in the next fiscal
year. Courtbudget0515




Zack: A Philadelphia County jury has awarded almost $2.2 million to the wife and estate
of a 51-year-old man who died after doctors failed to diagnose and treat him for a heart
condition. MedMal0514

Zack2: While some of the state’s largest firms are reassessing the money they spend on
first-year associate hires, midsized firm leaders say they’re not having the same problem.
Hiring0515




Gina (Brief): An update on the Dechert-Chadbourne & Parke Moscow story – C&P was
able to keep two of the five partners initially set to go to Dechert and said they would
definitely be keeping three counsel. Moscowupdate0515

Tuesday, May 19
Contributed:
Capital Gains: By Kelly Phillips Erb cg0519
Legal Marketing: By Richard Alonso and Crystal Garcia lma0519

Regional


Zack: A Philadelphia County jury has awarded almost $2.2 million to the wife and estate
of a 51-year-old man who died after doctors failed to diagnose and treat him for a heart
condition. MedMal0514
Zack2: David MacWain, former chair of the government liability & civil rights defense
group and vice chair of the commercial & professional insurance defense group at
Montgomery McCracken Walker & Rhoads, has joined Lamb McErlane. Lamb0519

 Amaris: The crowded field of judicial candidates running in the Democratic and
Republican Montgomery County primaries has raised several questions. Montco0518

Wednesday, May 20
Contributed:
GC Page: By Zack Needles gcpage0520
Immigration Law: By H. Ronald Klasko il0520

Regional


Zack2: David MacWain, former chair of the government liability & civil rights defense
group and vice chair of the commercial & professional insurance defense group at
Montgomery McCracken Walker & Rhoads, has joined Lamb McErlane. Lamb0519

Gina (Chart & Icon): A look at Stevens & Lee’s financials for 2008.
stevensfinancials0520


By Leo Strupczewski: The state Supreme Court has granted allocatur to determine
whether an en banc panel of the Commonwealth Court was right to allow the city of Erie
to sell a public golf course on donated land that had been losing money. erieallocatur




Friday, May 22
Contributed:
Insight on Diversity: By Emmanuel O. Iheukwumere id0522
Health Care Law: By Vasilios J. Kalogredis hc0522


Regional
Gina (Chart & Icon): A look at Ballard Spahr’s 2008 financial performance and the
changes the firm made in response to a 24 percent dip in profits for the year.
Ballardfinancials0522

Zack: When the smoke cleared following Tuesday’s primary election in Bucks County,
Wallace H. ―Skip‖ Bateman Jr., Robert O. Baldi and Gary Gilman, the three candidates
jointly backed by the GOP and the Democratic party, received the highest votes on the
Republican ballot, but unendorsed Republican David W. Zellis managed to garner more
Democratic votes than Bateman. Bucks0522

  Amaris: For the first time in a long time, the Democratic City Committee delivered
most of its judicial slate to victory in the city’s all-important Democratic primary.
  The unendorsed candidates who punched through in the races for the Court of Common
Pleas and Municipal Court appear to have benefited from active campaigns and high
ballot position. Primary0522

Tuesday, May 26
Contributed:
Securities: By Jeffrey Barrack sec0526
Capital Gains: By Kevin M. Eddy and Edwin B. Palmer el0526



Regional


5K Bar Association Results (5karticle)

By Zack Needles: A $2,075,000 million settlement has been reached in a case in which a
man was struck and injured by an unoccupied electric cart after a cardboard box fell onto
and pressed down the cart’s accelerator. Settlement0526

By Gina Passarella (series) When Eli Lilly & Co. settled a whistleblower suit in January
for $1.42 billion over allegations it improperly marketed an anti-psychotic drug, Duane
Morris was in the unusual spot of representing the plaintiffs along with personal injury
firm Sheller P.C. series3alternativefees0526

  Amaris: A class of 2,600 home health care workers who allege they are owed overtime
wages under the state’s minimum wage laws struck a $2.34 million settlement with a
home health care and nursing company in the Philadelphia Court of Common Pleas.
Bayada0527
Thursday, May 28
Contributed:
Workers’ Comp Update: By Daniel DiLoretto wc0528
Intellectual Property: By Laura A. Genovese and John Sullivan ip0528



Regional


  Amaris: A class of 2,600 home health care workers who allege they are owed overtime
wages under the state’s minimum wage laws struck a $2.34 million settlement with a
home health care and nursing company in the Philadelphia Court of Common Pleas.
Bayada0527

Gina: Fox Rothschild has handled its fair share of eminent domain matters over the past
few years, but that’s not what’s involved in its latest fight on behalf of a client to stop a
city from purchasing land. The firm is representing Tinicum Township in Delaware
County, which, along with the county, has sued the City of Philadelphia over its planned
expansion of Philadelphia International Airport under its capacity enhancement plan.
Tinicum0528

Friday, May 29
Contributed:
Public Interest Page (with calendar): By Miriam K. Hohag public0529
By Stefanie Fleischer Seldin and Kelly J. Gastley interest0529
Jury Analysis: By Melissa M. Gomez ja0529



Regional

Gina: A look at how Pennsylvania firms performed on the AmLaw 200.

  Amaris: A $5 million Philadelphia verdict in a strict liability case was overturned on
appeal after a Superior Court panel ruled that a drug maker’s alleged failure to warn of
the toxicity of the active ingredient in Infant’s Tylenol was not the proximate cause of a
child’s death from liver damage. Dunson0601

Amaris2: The Philadephia courts will avoid layoffs and keep open the specialty courts in
the next fiscal year despite taking a $12.5 million reduction in its budget. But this silver
lining in a grim year of budget woes is predicated on Harrisburg agreeing to let the city of
Philadelphia temporarily increase sales taxes and defer pension payments.
Monday, June 1
Contributed:
Real Estate: By Harris Ominsky re0601
Litigation: By John S. Summers and Michael D. Gadarian lit0601



Regional

  Amaris: A $5 million Philadelphia verdict in a strict liability case was overturned on
appeal after a Superior Court panel ruled that a drug maker’s alleged failure to warn of
the toxicity of the active ingredient in Infant’s Tylenol was not the proximate cause of a
child’s death from liver damage. Dunson0601

Amaris2: The Philadephia courts will avoid layoffs and keep open the specialty courts in
the next fiscal year despite taking a $12.5 million reduction in its budget. But this silver
lining in a grim year of budget woes is predicated on Harrisburg agreeing to let the city of
Philadelphia temporarily increase sales taxes and defer pension payments. budget0602



Zack: Effective June 1, Lehigh Valley firm Tallman Hudders & Sorrentino will merge
with nearby Bridgewater, N.J.-based Norris McLaughlin & Morris. Merger0601

Tuesday, June 2
Contributed:
Antitrust Law: By Carl W. Hittinger and Jarod Bona al0602

Capital Gains: By John C. Friskey cg0602




Regional

  Amaris: A $5 million Philadelphia verdict in a strict liability case was overturned on
appeal after a Superior Court panel ruled that a drug maker’s alleged failure to warn of
the toxicity of the active ingredient in Infant’s Tylenol was not the proximate cause of a
child’s death from liver damage. Dunson0601

Amaris2: The Philadephia courts will avoid layoffs and keep open the specialty courts in
the next fiscal year despite taking a $12.5 million reduction in its budget. But this silver
lining in a grim year of budget woes is predicated on Harrisburg agreeing to let the city of
Philadelphia temporarily increase sales taxes and defer pension payments. budget0602
Zack: Effective June 1, Lehigh Valley firm Tallman Hudders & Sorrentino will merge
with nearby Bridgewater, N.J.-based Norris McLaughlin & Morris. Merger0601

Gina 1: K&L Gates has continued its international expansion with the addition of an
office in Dubai. The firm brought on a new partner from Ashurst and relocated one of its
senior litigators to launch the office along with an associate. Dubai0602

Gina 2: Saul Ewing nearly doubled the size of its 12-lawyer Wilmington, Del. office this
week with the addition of seven attorneys, including three partners, from Buchanan
Ingersoll & Rooney’s office there. The group, led by litigation partner William Manning,
includes commercial litigators, land use and bankruptcy attorneys. Manning will serve as
co-office managing partner along with existing office managing partner Wendie C.
Stabler and will also serve as co-chairman of the firm’s higher education practice. He
currently serves as outside counsel for the University of Delaware. Sauldelaware0602

Wednesday, June 3
Contributed:
IP Law: By Anthony Volpe and Melissa D. Doogan ip0603
GC Page (pickup from Corporate Counsel): By Sherry Karabin gc0603




Regional

  Amaris: A $5 million Philadelphia verdict in a strict liability case was overturned on
appeal after a Superior Court panel ruled that a drug maker’s alleged failure to warn of
the toxicity of the active ingredient in Infant’s Tylenol was not the proximate cause of a
child’s death from liver damage. Dunson0601

Amaris2: The state’s civil legal services are already reeling from a fall-off in funding
based on interest earned from attorney trust accounts. Legal services leaders are now
fearful that $3.2 million in state general funds approproaited this fiscal year for publc
interest legal organizations will be eliminated in next year’s budget. legalservices0603




Zack: Effective June 1, Lehigh Valley firm Tallman Hudders & Sorrentino will merge
with nearby Bridgewater, N.J.-based Norris McLaughlin & Morris. Merger0601

Gina: Law firms have certainly upped the ante when it comes to standards for lateral
hiring and that has accentuated the differences between two types of firms when it comes
to getting partner buy-in for picking up new recruits. In looking at open versus closed
compensation systems, recruiters and firm leaders alike have said the clear advantage
goes to firms with a closed-compensation model in terms of the ability to bring on lateral
partners in the midst of this recession. Opencomp0602
Thursday, June 4
Contributed:
Law Firm Management: By Joel A. Rose lfm0604

Litigation: By Michael A. Morse and Peter S. Wolff lit0604



Regional


Amaris2: The state’s civil legal services are already reeling from a fall-off in funding
based on interest earned from attorney trust accounts. Legal services leaders are now
fearful that $3.2 million in state general funds approproaited this fiscal year for publc
interest legal organizations will be eliminated in next year’s budget. legalservices0603

Gina: Law firms have certainly upped the ante when it comes to standards for lateral
hiring and that has accentuated the differences between two types of firms when it comes
to getting partner buy-in for picking up new recruits. In looking at open versus closed
compensation systems, recruiters and firm leaders alike have said the clear advantage
goes to firms with a closed-compensation model in terms of the ability to bring on lateral
partners in the midst of this recession. Closedcomp0604

Friday, June 5
Contributed:
Employment Law: By David Woolf el0605
Bankruptcy Update: By Francis J. Lawall and John H. Schanne bu0605



Regional

  Amaris: After almost 15 years of litigation, the last successor company to two closed
nuclear fuel processing facilities in Western Pennsylvania reached a $52.5 million
settlement earlier this spring with 500 claimants who said they suffered health problems
or property damage because of their exposure to radioactive emissions. Babcock0605

Amaris2: The state Supreme Court has ruled that federal securities law does not pre-
empt the personal injury claim of a former Philadelphia Stock Exchange trader against
the stock exchange. Stockexchange20605

Monday, June 8
Contributed:
Appellate Law: By Howard Bashman al0608
Franchise Law: By Craig Trachtenberg fl0605



Regional

  Amaris: After almost 15 years of litigation, the last successor company to two closed
nuclear fuel processing facilities in Western Pennsylvania reached a $52.5 million
settlement earlier this spring with 500 claimants who said they suffered health problems
or property damage because of their exposure to radioactive emissions. Babcock0605

Tuesday, June 9
Contributed:
Capital Gains: By Mark Silow cg0609
Family Law: By Michael E. Bertin fl0609


Regional

  Amaris: Would ruling in favor of the city of Philadelphia’s desire to use part of a
century-old Northeast Philadelphia park for the expansion of a private sector cancer
research and treatment facilitiy make bad law? Senior Judge James J. Flaherty wondered
during oral arguments Monday if overruling a Philadelphia judge’s decision blocking the
divison of Burholme Park to allow the expansion of the neighboring Fox Chase Cancer
Center would involve a ―good case‖ that would make ―bad law.‖ Burholme0609


Gina: Schnader Harrison Segal & Lewis bankruptcy attorney Barry E. Bressler and many
others representing unsecured creditors in Chrysler’s bankruptcy made one last ditch
effort before the U.S. Supreme Court this weekend to delay the sale of a part of the
company to Fiat. The story looks at the local lawyer’s involvement in the case.


Shannon: The widow of a man who died of a heart attack while performing court-
ordered community service on the day of an excessive heat warning has lost her civil
rights suit that accused county officials of ignoring her husband’s obvious medical risks.
In his 45-page opinion in Marvel v. Delaware County, Senior U.S. District Judge Ronald
L. Buckwalter concluded that no jury could ever find that county officials were liable
under the ―state-created danger‖ theory because the evidence showed that David Marvel
had volunteered to do construction work and had never asked for light-duty w rk to
accommodate his heart condition. Serve0609
Zack: Ever since the economy’s rapid descent became big news last fall, the plaintiffs
practice has often been described as being ―recession-proof,‖ with the need for litigation
appearing to be one of the few constants in the practice of law.
But while the recession apparently hasn’t chipped away at the number of suits still being
brought, has it had any impact on the results of those cases? Plaintiffs0609

Wednesday, June 10
Contributed:
GC Page:By Gina Passarella gcmidatlantic0610
Employment Law: By Carolyn Plump el0610


Regional

Zack: Ever since the economy’s rapid descent became big news last fall, the plaintiffs
practice has often been described as being ―recession-proof,‖ with the need for litigation
appearing to be one of the few constants in the practice of law.
But while the recession apparently hasn’t chipped away at the number of suits still being
brought, has it had any impact on the results of those cases? Plaintiffs0609

  Amaris: JoAnne A. Epps says ambition isn’t an inborn drive for her.
  But because of mentoring from her mother and teachers, Epps has accomplished so
much during her 33-year career that she was named dean of one of the top 50 law schools
in the country, Temple University Beasley School of Law, last year and she was this
year’s recipient of the Philadelphia Bar Association premier award given to women
lawyers who have reached great heights in their profession and mentored other lawyers
along the way. Epps0610

Gina: What at first looked to be a brewing internal battle for leadership of Reed Smith
seems to have been quickly nipped in the bud.
Philadelphia labor and employment partner John DiNome has decided he will no longer
run against nine-year incumbent Gregory B. Jordan to serve as the firm’s global
managing partner and chairman of its executive team. Reedchallenge0610

Thursday, June 11
Contributed:
Business of Law: By Frank M. D’Amore bl0611
Workers’ Comp Update: By Christian Petrucci wc0611


Regional
Zack: Ever since the economy’s rapid descent became big news last fall, the plaintiffs
practice has often been described as being ―recession-proof,‖ with the need for litigation
appearing to be one of the few constants in the practice of law.
But while the recession apparently hasn’t chipped away at the number of suits still being
brought, has it had any impact on the results of those cases? Plaintiffs0609

Gina: Prior Pennsylvania case law has found SEPTA to be a commonwealth agency for
purposes of sovereign immunity, but in a case of first impression, an en banc panel of the
Commonwealth Court now has to decide whether that holds true when federal law comes
into play. Septa0611

  Amaris: A $1.9 million settlement recently was reached in the Delaware County case
of a 21-year-old man whose family witnessed his fatal cardiac arrest after being hit by a
drunk driver served alcohol for several hours at a local bar. Deane0612
Friday, June 12
Contributed:
Professional Conduct: By Ellen C. Brotman and Michael B. Hayes pc0612
Litigation:


Regional

Zack: Ever since the economy’s rapid descent became big news last fall, the plaintiffs
practice has often been described as being ―recession-proof,‖ with the need for litigation
appearing to be one of the few constants in the practice of law.
But while the recession apparently hasn’t chipped away at the number of suits still being
brought, has it had any impact on the results of those cases? Plaintiffs0609

Amaris: A $1.9 million settlement recently was reached in the Delaware County case of
a 21-year-old man whose family witnessed his fatal cardiac arrest after being hit by a
drunk driver served alcohol for several hours at a local bar. Deane0612

Monday, June 15
Contributed:
Real Estate: By Martin Doyle and Dennis Bower re0615
ADR: By Charles Forer adr0615


Regional


  Amaris: A $1.9 million settlement recently was reached in the Delaware County case
of a 21-year-old man whose family witnessed his fatal cardiac arrest after being hit by a
drunk driver served alcohol for several hours at a local bar. Deane0612
  Amaris2: The voting power of Philadelphians is diluted on the state level because state
and federal prisoners are counted by the U.S. Census Bureau where they are incarcerated,
instead of the prisoners’ home communities in which they lived before they were
incarcerated, an advocacy group has concluded.
Tuesday, June 16
Contributed:
Capital Gains: By Kelly Phillips Erb cg0616
Legal Marketing: By Stacy West Clark lma0606


Regional


  Amaris: A $1.9 million settlement recently was reached in the Delaware County case
of a 21-year-old man whose family witnessed his fatal cardiac arrest after being hit by a
drunk driver served alcohol for several hours at a local bar. Deane0616

  Amaris2: The voting power of Philadelphians is diluted on the state level because state
and federal prisoners are counted by the U.S. Census Bureau where they are incarcerated,
instead of the prisoners’ home communities in which they lived before they were
incarcerated, an advocacy group has concluded. Census0616

  Zack: It’s a bleak time for many attorneys as business in some practice areas remains
sluggish and firms continue to cut staff. But for those who feel lost professionally, like
they’re being forced to start from scratch, there are organizations to turn to for help.
Wednesday, June 17
Contributed:
GC Page: By Amy Miller gcpage0617

Litigation: Michael A. Morse and Peter S. Wolff lit0617


Regional


  Amaris: A $1.9 million settlement recently was reached in the Delaware County case
of a 21-year-old man whose family witnessed his fatal cardiac arrest after being hit by a
drunk driver served alcohol for several hours at a local bar. Deane0616

  Amaris2: The voting power of Philadelphians is diluted on the state level because state
and federal prisoners are counted by the U.S. Census Bureau where they are incarcerated,
instead of the prisoners’ home communities in which they lived before they were
incarcerated, an advocacy group has concluded. Census0616
Gina brief: The state Supreme Court held up its August 2008 decision in HSP Gaming v.
City of Philadelphia as cause to deny challenges by a group of state legislators and
Philadelphia City Council over whether the city, and not the state, can grant SugarHouse
Casino a license to build on submerged lands beneath the Delaware River.
Casinobrief0617

Thursday, June 18
Contributed:
Paralegals Page (and calendar):
Environmental Law: By Todd D. Kantorczyk el0618


Regional

By Shannon Duffy (brief): A prosecutor's arguments from more than a quarter century
ago came back to haunt her when a federal appeals court ruled that her legal defense of
striking blacks from a jury might have been proper at the time, but may now be used to
question her credibility.

  Amaris: The voting power of Philadelphians is diluted on the state level because state
and federal prisoners are counted by the U.S. Census Bureau where they are incarcerated,
instead of the prisoners’ home communities in which they lived before they were
incarcerated, an advocacy group has concluded. Census0616

Amaris2: The state Superior Court has released an auto parts company defendant from
an asbestos product liability action, a case in which the state Supreme Court tightened the
test trial judges apply in the summary judgmenet stage to assess the evidence connecting
a defendants’ products to the plaintiffs’ injuries. gregg0617

Gina: Moving beyond all the talk of alternative fee arrangements, Saul Ewing has put its
fixed-fee programs in writing — on its Web site at least. The firm launched this week its
―cost certainty commitment‖ with two different programs in which either a fixed fee or a
cost per-attorney, per-day will be used on specific types of matters the firm identified as
lending themselves to such arrangements. New matters have already started to come in as
a result and the goal is to have practice group leaders come up with other areas in which
the program could be expanded. Saulfees0618

Zack: The state Supreme Court has ruled that a defendant whose lawyer failed to file an
adequate appellate brief was not denied effective assistance of counsel. Reed0618
Friday, June 19
Contributed:
Bankruptcy Update: By Rudolph J. Di Massa Jr. and Sommer L. Ross bu0619
Litigation: By Tracy Finken lit0619


Regional

By Shannon Duffy (brief): A prosecutor's arguments from more than a quarter century
ago came back to haunt her when a federal appeals court ruled that her legal defense of
striking blacks from a jury might have been proper at the time, but may now be used to
question her credibility.

  Amaris: The voting power of Philadelphians is diluted on the state level because state
and federal prisoners are counted by the U.S. Census Bureau where they are incarcerated,
instead of the prisoners’ home communities in which they lived before they were
incarcerated, an advocacy group has concluded. Census0616

Amaris2: The state Superior Court has released an auto parts company defendant from
an asbestos product liability action, a case in which the state Supreme Court tightened the
test trial judges apply in the summary judgmenet stage to assess the evidence connecting
a defendants’ products to the plaintiffs’ injuries. gregg0617

Gina: There are some changes afoot in Ballard Spahr’s Voorhees, N.J. office.
A group of attorneys comprised mainly of the real estate practice, but which includes the
office managing partner, is getting ready to go out on their own, sources have said.
The details of who will be making the move from the 45-attorney office is still unclear,
but it is said to be led by office managing partner Benjamin Levin who also serves as the
partner-in-charge of the firm’s franchise and distribution group.
Tuesday, June 23
Contributed:
Capital Gains (pickup from CC): By Sue Reisinger cg0624
Securities: By Robert L. Hickok and Gay Parks Rainville sec0624


Regional

  Amaris: The voting power of Philadelphians is diluted on the state level because state
and federal prisoners are counted by the U.S. Census Bureau where they are incarcerated,
instead of the prisoners’ home communities in which they lived before they were
incarcerated, an advocacy group has concluded. Census0616
Gina (Second and final part of series looking at how lawyers affected by the
recession are coping – there is an icon): This part of the series looks at alternative
career paths for laid-off lawyers. Alternatives0623


Wednesday, June 24
Contributed:
GC: By Chatón T. Turner gcpage
Immigration Law: By Mariana Rossman and David M. Laigaie il0624


Regional

  Amaris: The voting power of Philadelphians is diluted on the state level because state
and federal prisoners are counted by the U.S. Census Bureau where they are incarcerated,
instead of the prisoners’ home communities in which they lived before they were
incarcerated, an advocacy group has concluded. Census0616

  Amaris2: The cost of running for judge in Philadelphia lowered in 2009 as the demand
for side deals between individual ward leaders and candidates slackened due to a push for
party unity and as the supply of campaign donation cash dried up in a hard-hitting
recession.

Gina: After 16 years of litigation in Basile v. H&R Block over whether the tax preparer
waived its right to appeal class certification in the case, it turns out it had timely appealed
but a second docket number muddled the record. The Pennsylvania Supreme Court did
examine the legal issues, however, ruling the Superior Court misapplied the ―aggrieved
party doctrine‖ by requiring H&R Block to appeal the class certification order even
though summary judgment was later entered in the company’s favor. Basile0624


Thursday, June 25
Contributed:
Litigation: By Tracey Finken lit0625
Intellectual Property: By Alan Towner ip0625

Regional

  Amaris: The voting power of Philadelphians is diluted on the state level because state
and federal prisoners are counted by the U.S. Census Bureau where they are incarcerated,
instead of the prisoners’ home communities in which they lived before they were
incarcerated, an advocacy group has concluded. Census0616
Friday, June 26
Contributed:
Insight on Diversity: By Albert Dandridge id0626
Employment Law: By Jeffrey Campolongo el0626

Regional

  Amaris: The voting power of Philadelphians is diluted on the state level because state
and federal prisoners are counted by the U.S. Census Bureau where they are incarcerated,
instead of the prisoners’ home communities in which they lived before they were
incarcerated, an advocacy group has concluded. Census0616

  Amaris2: Stewart Eisenberg likes his plaintiffs trial lawyer profession because his
successful advocacy in cases can benefit injured clients. Eisenberg0626

Gina: Buchanan Ingersoll & Rooney has cut associate and counsel compensation by
between 5 to 10 percent and has laid off more staff. Bicompcuts0626

Monday, June 29
Contributed:
Intellectual Property: By Charles Gaglia and Thomas DeSimone ip0629
Environmental Law (pickip from the NJLJ): By Lewis Goldshore and Marsha Wolf
el0629

Regional

  Amaris: In the wake of a hard-hitting finding from the Court of Judicial Discipline
against Philadelphia Common Pleas Judge Willis W. Berry Jr. for running his real estate
business out of his judicial chambers, court observers said several cases of judicial
misconduct that have emerged in the last year could inspire the institution of mandatory
judicial ethics training.
Tuesday, June 30
Contributed:
Litigation: By Mary G. March lit0630
Employment Law (pickup from the NJLJ): By Jonathan Goodgold el0630

Regional


Zack: A scaffolding collapse has resulted in settlements totaling $3.5 million for two
plasterers and a truck driver. Scaffold0630

Zack2: The state Superior Court has ruled in a case of first impression that homeless and
transient sex offenders are not required to register under Megan’s Law. Homeless0630
Amaris: The state Commonwealth Court has affirmed a Montgomery County judge’s
decision reviving the development plans for a highly controversial and long-delayed
office park project because the judge concluded the Whitemarsh Township Board of
Supervisors acted in bad faith toward the office parks’ developers. whitemarsh0630



Gina: Schnader Harrison Segal & Lewis held last week what is becoming a common
meeting at large law firms, informing associates, partners and staff that their salaries
would be cut. The firm cut associate salaries by $10,000 across the board. First-years in
Philadelphia had been making $135,000. Non-equity and equity partners saw a 5 percent
reduction in their take home, though equity partners have the ability to make that up at
the end of the year if the profits are there. Schnader0630


Wednesday, July 1
Contributed:
GC (pickup from GC Mid-Atlantic): By Ursula Furi-Perry gcpage0701

Intellectual Property: By Tony Volpe ip0701

Regional


Amaris: The state Commonwealth Court has affirmed a Montgomery County judge’s
decision reviving the development plans for a highly controversial and long-delayed
office park project because the judge concluded the Whitemarsh Township Board of
Supervisors acted in bad faith toward the office parks’ developers. whitemarsh0630



Gina: Schnader Harrison Segal & Lewis held last week what is becoming a common
meeting at large law firms, informing associates, partners and staff that their salaries
would be cut. The firm cut associate salaries by $10,000 across the board. First-years in
Philadelphia had been making $135,000. Non-equity and equity partners saw a 5 percent
reduction in their take home, though equity partners have the ability to make that up at
the end of the year if the profits are there. Schnader0630

Zack: The Judicial Conduct Board announced Monday that it has filed a complaint with
the Court of Judicial Discipline against a Bucks County magisterial district judge for
allegedly altering official records and for ―indecorous language and behavior toward a
police officer.‖ Judge0701
Thursday, July 2
Contributed:
Health Care Law: By Bill Kalogredis hc0702
Law Firm Management: By Joel Rose lfm0702

Regional


Amaris: The state Commonwealth Court has affirmed a Montgomery County judge’s
decision reviving the development plans for a highly controversial and long-delayed
office park project because the judge concluded the Whitemarsh Township Board of
Supervisors acted in bad faith toward the office parks’ developers. whitemarsh0630

  Amaris2: A Philadelphia judge facing sanctions from the Court of Judicial Discipline
for using his judicial secretary to help run his landlord business has recused himself from
all criminal cases. Berry0702

  Shannon: A sadistic murderer is back on death row but perhaps not for long now that a
federal appeals panel has ordered new hearings on whether his trial lawyer's performance
during the death penalty phase was truly lacking.



Gina: After a 12-year run, Villanova University School of Law Dean Mark Sargent
resigned, effective immediately, citing personal and medical reasons. Associate Dean
Doris DelTosto Brogan has been named acting dean. Sargent0702

Zack: Former Eckert Seamans Cherin & Mellott partner Joseph J. Connolly has joined
Stevens & Lee’s Philadelphia office as a partner in the firm’s Corporate, Finance and
Capital Markets Department.



Monday, July 6
Contributed:
Litigation: By Marc S. Raspanti and Pamela C. Brecht lit0706
Antitrust Law: By Carl Hittinger al0706
Regional

Shannon: A sadistic murderer is back on death row but perhaps not for long now that a
federal appeals panel has ordered new hearings on whether his trial lawyer's performance
during the death penalty phase was truly lacking.

Zack: Former Eckert Seamans Cherin & Mellott partner Joseph J. Connolly has joined
Stevens & Lee’s Philadelphia office as a partner in the firm’s Corporate, Finance and
Capital Markets Department.

  Amaris: Samuel ―Sam‖ H. Pond may have helped save three people from drowning in
the ocean off Sea Isle City, but don’t call him a hero. Pond0707
Tuesday, July 7
Contributed:
Litigation: By Marc S. Raspanti and Pamela C. Brecht lit0707
Capital Gains: By Michael A. Gillen and Steven M. Packer cg0706


Regional

Zack: Former Eckert Seamans Cherin & Mellott partner Joseph J. Connolly has joined
Stevens & Lee’s Philadelphia office as a partner in the firm’s Corporate, Finance and
Capital Markets Department.

Zack2: When large firms begin lowering associate salaries, do smaller firms benefit?

  Amaris: Samuel ―Sam‖ H. Pond may have helped save three people from drowning in
the ocean off Sea Isle City, but don’t call him a hero. Pond0707

Amaris2: After years of under-the-radar planning, the Philadelphia Court of Common
Pleas will officially launch a mental health court this week with the goal of reducing the
number of mentally ill defendants cycling through the city’s criminal justice system.
mentalhealth0707


Gina: Word of Villanova Law School Dean Mark Sargent’s resignation last week was
accompanied by little in the way of a listing of his accomplishments or a formal press
release announcing his next step. Alumni were surprised at the announcement but had
nothing but positive things to say about Sargent’s 12-year tenure.
Over the course of the holiday weekend, however, a different picture was painted of
Sargent’s decision to step down. Reports in The Philadelphia Inquirer described
Sargent’s involvement as a one-time customer of an alleged prostitution house and his
subsequent cooperation with state police who were building a case against the owner of
the house and two alleged prostitutes.
Thursday, July 9
Contributed:
Litigation: By Marc S. Raspanti and Pamela C. Brecht lit0709
Business of Law: By Frank D’Amore bl0709



Regional

Zack: The state Supreme Court has accepted an appeal from a Commonwealth Court
ruling that said it is not a violation of public policy to exclude those eligible for workers’
compensation benefits from also recovering underinsured motorist benefits. Heller0709

Zack2: When large firms begin lowering associate salaries, do smaller firms benefit?

  Amaris: A Northampton County man, who lost both of his legs after he was run over
by a piece of heavy equipment while working in a landfill, received a $16.25 million
global settlement from his employer and the manufacturer of the heavy equipment in
Philadelphia Court of Common Pleas. Skirpan0709

Gina: The estate of an woman who was 87 at the time of her death was awarded $3
million in a wrongful death action in Philadelphia, though settlements may reduce the
overall recovery amount. Kesssler0709
Friday, July 10
Contributed:
Bankruptcy Update: By Myron A. Bloom bu0710
Lititation: By James Ronca lit0710



Regional

  Amaris: A Northampton County man, who lost both of his legs after he was run over
by a piece of heavy equipment while working in a landfill, received a $16.25 million
global settlement from his employer and the manufacturer of the heavy equipment in
Philadelphia Court of Common Pleas. Skirpan0709

  Amaris2: Montgomery County President Judge Richard J. Hodgson told Montgomery
County leaders Thursday that prison overcrowding in the Montgomery County
Correctional Facility is so bad that the Montgomery bench is close to letting prison
conditions influence what level of sentecnes the bench’s criminal judges render.
Montco0710
Gina: A construction dispute between the architect and developer of The Walk in
Atlantic City resulted in a $7.6 million settlement in favor of the contractor after the jury
found the architect issued faulty plans that delayed construction.

Zack: With megafirm pay cuts dulling the once-blinding sheen of Big Law salaries, some
midsized firm leaders believe a more level playing field is coming into focus, especially
in the eyes of young associates. Midsized0709




Monday, July 13
Contributed:
Real Estate: By Harper Dimmerman re0713
Tech Law: By Charles Scibetta tl0713



Regional

Gina: A construction dispute between the architect and developer of The Walk in
Atlantic City resulted in a $7.6 million settlement in favor of the contractor after the jury
found the architect issued faulty plans that delayed construction.

Amaris: The First Judicial District and the Philadelphia Prison System plan to
expand the number of videoconferencing setups within the prison system and hope
to expand the FJD’s videoconferencing capacity. Video0713 Tuesday, July 14
Contributed:
Capital Gains: By Mark Silow cg0714
Appellate Law: By Howard Bashman al0714
Regional

By Mary Alice Robbins (pickup from Texas Lawyer): In a case that could affect how
one state retains private attorneys in the future, the Pennsylvania Supreme Court is
scrutinizing a contingent-fee contract that Houston attorney F. Kenneth Bailey negotiated
with Pennsylvania Gov. Ed Rendell’s Office of General Counsel in 2006.
pasupremes0714

  Amaris: After 40 years of litigation, court supervision over the Philadelphia School
District’s efforts to achieve parity in educational opportunities for students of all racial
backgrounds ended Monday when Commonwealth Court Judge Doris A. Smith-Ribner
gave approval to a settlement of a court case filed in 1970 to force the school district to
desegregate.

Gina: The U.S. Department of Justice’s former acting assistant deputy general under the
Bush administration, Steven Bradbury, has joined Dechert’s Washington, D.C., office.
While he will be putting his years of antitrust and litigation experience to work at the
firm, the former Kirkland & Ellis partner might be best known for his work interpreting
and crafting interrogation policies for the Department of Justice. Bradbury0714

Wednesday, July 15
Contributed:
Employment Law: By Sid Steinberg el0715
GC Page (pick-up from the NLJ): By Arden T. Phillips gcpage0715



Regional

By Mary Alice Robbins (pickup from Texas Lawyer): In a case that could affect how
one state retains private attorneys in the future, the Pennsylvania Supreme Court is
scrutinizing a contingent-fee contract that Houston attorney F. Kenneth Bailey negotiated
with Pennsylvania Gov. Ed Rendell’s Office of General Counsel in 2006.
pasupremes0714




By Zack Needles: The ailing economy has caused a number of Big Law attorneys to
migrate to smaller firms, trading in their international platforms and hefty rates for a
more regional focus. Flaster0715
Thursday, July 16
Contributed:
Environmental law: By Kenneth J. Warren el0716
Paralegal Page (and cal.): By Christine Flynn para0716



Regional

By Zack Needles: The ailing economy has caused a number of Big Law attorneys to
migrate to smaller firms, trading in their international platforms and hefty rates for a
more regional focus. Flaster0715

By Zack Needles2: Craig T. Kimmel and Robert M. Silverman, founders of one of the
largest lemon law practices in the northeastern United States, have received black marks
on their record from the state Supreme Court but will not serve out any punishment. The
court issued orders on Monday for Kimmel and Silverman to each receive a 90-day
suspension from practicing in Pennsylvania but added that each suspension would be
―stayed in its entirety.‖ Lemon0716


Gina: If the ways firms decide to defer associates, layoff attorneys and cut compensation
are any indication, it seems that once one firm gets the ball rolling, other firms soon turn
the trend into an avalanche. And Morgan Lewis & Bockius’ decision Tuesday to
withdraw from 2009 on-campus interviews and forgo a 2010 summer associates program
may be the next snowball trickling down the mountain. Law schools are hoping that’s not
the case.
Friday, July 17
Contributed:
Workers’ Comp Update: By Christian Petrucci wc0717
Bankruptcy Update: By Francis J. Lawall and Joy A. Barrist bu0717


Regional

By Zack Needles: The ailing economy has caused a number of Big Law attorneys to
migrate to smaller firms, trading in their international platforms and hefty rates for a
more regional focus. Flaster0717

Amaris: The Commonwealth Court ruled Wednesday in a case of first impression that an
employer is entitled to exercise its workers’ compensation subrogation rights against the
portion of attorney fees an attorney was contractually entitled to receive from a
settlement but returned instead to his personal injury client. Goodtire0717

Monday, July 20
Contributed:
ADR: By Abraham J. Gafni adr0720
Real Estate: By Alan Nochumson re0720


Regional

  Amaris: A Philadelphia jury recently returned a defense verdict in a products liability
case after the jury found that the manufacturer did not defectively design a loading
mechanism used on a garbage truck and did not fail to adequately warn a garbageman
who died from a head injury after jumping from the back of a garbage truck when a fire
started in the truck. Powers0720

By Shannon Duffy: A federal judge has certified a class action consumer antitrust suit
against retail giant Babies R Us and a group of manufacturers of popular baby products
after concluding that a price-fixing conspiracy could be proven entirely through
―common evidence.‖ Antitrust0720

By Gina Passarella: The 2008-09 term of the U.S. Supreme Court has been
overshadowed not only by the confirmation hearings for a new justice but because of how
the would-be blockbuster decisions ended up being decided on narrow issues, if at all,
former U.S. Solicitor General Paul D. Clement said Thursday. Clement0720

By Zack Needles: The Chartwell Law Offices is taking a bite of the Big Apple, opening
a new office in Manhattan and adding two New York attorneys. The firm opened the new
location on July 17. chartwell0720

Tuesday, July 21
Contributed:
Capital Gains: By Kelly Phillips Erb cg0721
Legal Marketing: By Kimberly Alford Rice lma0721


Regional

  Amaris: A Philadelphia jury recently returned a defense verdict in a products liability
case after the jury found that the manufacturer did not defectively design a loading
mechanism used on a garbage truck and did not fail to adequately warn a garbageman
who died from a head injury after jumping from the back of a garbage truck when a fire
started in the truck. Powers0720

  Amaris2: In a case of first impression, a Philadelphia judge has ruled that a school
counselor’s communications with an alleged victim of sexual abuse and the child’s
school records can’t be subpoenaed by the criminal defendant charged with sexually
abusing the child. Gartei0721


By Zack Needles: The Chartwell Law Offices is taking a bite of the Big Apple, opening
a new office in Manhattan and adding two New York attorneys. The firm opened the new
location on July 17. chartwell0720

Wednesday, July 22
Contributed:
GC Page (pickup from CC): By Amy Miller gcpage0722
White-Collar Law: By Matthew Foley and David M. Laigaie wc0722


Regional

  Amaris2: In a case of first impression, a Philadelphia judge has ruled that a school
counselor’s communications with an alleged victim of sexual abuse and the child’s
school records can’t be subpoenaed by the criminal defendant charged with sexually
abusing the child. Gartei0721

Gina: The deference rule, which typically bars civil courts from ruling on ecclesiastical
decisions, does not protect a Catholic school from a defamation claim, a unanimous state
Supreme Court ruled. The court, in Connor v. Archdiocese of Philadelphia, remanded the
case to be decided on its merits and ruled only that the Superior Court erred in finding
civil courts don’t have subject-matter jurisdiction over a tort suit alleging defamation and
negligent infliction of emotional distress. In rendering its decision, the court created a
new test to determine when to apply the deference rule. Connor0722




Thursday, July 23
Contributed:
Commentary: By C. George Milner comm0723
Employment Law: By Michael J. Davey el0723


Regional

Gina: Law firms heavy into capital markets certainly weren’t the envy of the industry
last year when finance took a nosedive. But now firms aren’t afraid to say they have an
interest in the area. And at least two have come out in recent weeks to announce new
capital markets practice groups. The question still remains what the future of this practice
will look like. Some firms are banking on the entrepreneurial spirit of the investment
bankers who may be looking to create new products while others are focusing their
efforts on the regulatory scene in Washington. Capital0721

  Amaris: The five law students hail from as far as Miami and Brooklyn, and they
couldn’t place suburban Montgomery County, Pennsylvania, on a map. But after the
inaugural summer of the Montgomery Bar Association’s internship program for first-year
law students from diverse backgrounds, Montgomery County is now on the five law
students’ personal maps for their future law careers. 1Lsummerprogram0723




Friday, July 24
Contributed:
Immigration Law: By William Stock il0724
Employment Law: By Jeffrey Campolongo el0724


Regional



  Amaris: The five law students hail from as far as Miami and Brooklyn, and they
couldn’t place suburban Montgomery County, Pennsylvania, on a map. But after the
inaugural summer of the Montgomery Bar Association’s internship program for first-year
law students from diverse backgrounds, Montgomery County is now on the five law
students’ personal maps for their future law careers. 1Lsummerprogram0723

  Amaris: There will be three Philadelphia-centric award receipients for Amercian Bar
Association awards at the ABA’s regional meeting next week, including an award
honoring the Philadelphia Bar Association for its role in the city’s high-profile mortgage
foreclosure court program. Abaawards0724


Monday, July 27
Contributed:
Public Interest Page (w/calendar): By Jennifer R. Clarke and Catherine T. Poynter
interest0727
By Jeni Wright public0727
Calendar0727

Employment Law: By Deborah Weinstein and Robert J. Haurin el0727
Regional



  Amaris: The five law students hail from as far as Miami and Brooklyn, and they
couldn’t place suburban Montgomery County, Pennsylvania, on a map. But after the
inaugural summer of the Montgomery Bar Association’s internship program for first-year
law students from diverse backgrounds, Montgomery County is now on the five law
students’ personal maps for their future law careers. 1Lsummerprogram0723

Amaris: There will be three Philadelphia-centric award receipients for Amercian Bar
Association awards at the ABA’s regional meeting next week, including an award
honoring the Philadelphia Bar Association for its role in the city’s high-profile mortgage
foreclosure court program. Abaawards0724
Wednesday, Aug. 5
Contributed:
Intellectual Property by Paul Prestia ip0805
GC Mid-Atlantic by Zack Needles rosengc0805

Regional

  Amaris: An automotive insurer may have committed bad faith when its claim
representative failed to inform a customer that his claims qualified for uninsured motorist
coverage above and beyond his no-fault, personal injury protection coverage, a
Philadelphia judge ruled last week. Harhai0805

Thursday, Aug. 6
Contributed:
Health Care Law: By Bill Kalogredis hc0806
Law Firm Management: By Joel Rose lfm0806

Regional

  Amaris: An automotive insurer may have committed bad faith when its claim
representative failed to inform a customer that his claims qualified for uninsured motorist
coverage above and beyond his no-fault, personal injury protection coverage, a
Philadelphia judge ruled last week. Harhai0805

  Gina: Negative news coming out of the legal industry has occasionally crossed over
from word of business troubles to serious personal troubles and the latest such instance
comes out of Pittsburgh.
K&L Gates has been hesitant to say much about an employee who allegedly went on a
shooting rampage Tuesday at a suburban-Pittsburgh L.A. Fitness, killing four people,
including himself, and injuring nine others, according to a press conference by Allegheny
County Police Superintendent Charles Moffatt. Pittshooting0806

Gina: (A look at how local firms did on the mid-level associate satisfaction survey.)
When news of layoffs started to become almost a daily event late last year, Gibbons made
a point of telling its associates that it was committed to avoiding staff or attorney cuts and
so far management has kept its word. That wasn’t lost on its mid-level associates when
they were filling out The American Lawyer’s associate satisfaction survey in April. With
the results coming out in this month’s issue, it looks like the firm’s commitment and
communication helped bolster it up the chart. Midlevel0805

Zack: Bucks County Magisterial District Judge Susan E. McEwen has filed her answer to
the Judicial Conduct Board’s complaint against her for allegedly altering official records
and for verbally abusing a police officer. McEwen0806

Friday, Aug. 7
Contributed:
Bankruptcy Update: By Rudolph J. Di Massa, Jr. and Matthew E. Hoffman bu0807
Professional Conduct: By Ellen C. Brotman and Michael B. Hayes pc0807

Regional

  Amaris: An automotive insurer may have committed bad faith when its claim
representative failed to inform a customer that his claims qualified for uninsured motorist
coverage above and beyond his no-fault, personal injury protection coverage, a
Philadelphia judge ruled last week. Harhai0805

  Amaris2: Chester County’s president judge is the leading contender out of four judges
and one lawyer seeking the state Republican party’s nomination for the state Superior
Court judgeship vacated by former Superior Court Judge Maureen Lally-Green,
according to interviews. Superior0807

Zack: Bucks County Magisterial District Judge Susan E. McEwen has filed her answer to
the Judicial Conduct Board’s complaint against her for allegedly altering official records
and for verbally abusing a police officer. McEwen0806 Monday, Aug. 10
Contributed:
Commentary: By Daniel A. Cirucci commentary0810
Franchise Law: By Craig R. Tractenberg fl0810




Regional

Zack: Anthony R. Twardowski, a former senior litigation partner at Wolf Block, is the
latest to have done just that, joining 48-attorney Philadelphia-based general practice firm
Zarwin Baum DeVito Kaplan Schaer Toddy as a shareholder in the firm’s commercial
litigation department.

Tuesday, Aug. 11
Contributed:
Family Law: By Michael E. Bertin fl0811
Capital Gains (pickup from The Recorder): By Michael W. Murphy cg0811




Regional

Amaris: The Philadelphia firm Feldman Shepherd Wohlgelernter Tanner Weinstock &
Dodig secured two back-to-back $6 million settlements in personal injury cases in the
Philadelphia Court of Common Pleas last week. Feldman0811

Amaris2: Chester Common Pleas President Judge Paul Francisco Ott will be the fourth
Pennsylvania Republican candidate for state Superior Court this fall. Ott0811

Gina: Sovereign immunity applies to SEPTA in state courts even when federal law is at
issue, an en banc panel of the Commonwealth Court ruled.

Gina: A federal judge has denied a motion for class certification made by a group of
investors seeking to hold accounting firm BDO Seidman responsible for poor returns on
their purchase of notes and other securities from American Business Financial Services.
Wednesday, Aug. 12
Contributed:
GC Page:
Employment Law: By Carolyn Plump el0812




Regional

Amaris: The Philadelphia firm Feldman Shepherd Wohlgelernter Tanner Weinstock &
Dodig secured two back-to-back $6 million settlements in personal injury cases in the
Philadelphia Court of Common Pleas last week. Feldman0811

Amaris2: Chester Common Pleas President Judge Paul Francisco Ott will be the fourth
Pennsylvania Republican candidate for state Superior Court this fall. Ott0811

Gina: Saul Ewing has made official its ties to the Chinese market, creating an alliance
with Beijing-based Concord & Partners. Under the terms of the alliance, Saul Ewing
clients with business operations in China and those contemplating doing business in the
country, will be referred to lawyers at Concord. Similarly, Concord will refer its clients to
Saul Ewing on matters arising under U.S. law. Saulchina0812
Wednesday, Aug. 12
Contributed:
Business of Law: By Frank D’Amore bl0813
Appellate Law: By Howard Bashman al0813




Regional

Zack: As the recession lingers indefinitely, small firm rate structures continue to attract
large firm lawyers and they’re clients. Insurance defense attorney Stephen G. Rhoads is
the latest to have been wooed by the prospect of being able to offer his clients more
affordable rates. Rhoads0813


Friday, Aug. 14
Contributed:
Workers’ Comp Update: By Christian Petrucci wc0814
Contracts Law: By Marc S. Raspanti, Esquire and Douglas K. Rosenblum cl0814




Regional:
Zack: An Allegheny County common pleas judge has called for a new trial in a medical
malpractice case, making the rare decision to vacate a jury’s defense verdict and
suggesting that the defendant doctor be barred from testifying at the new proceedings.
NewTrial0814

Amaris: The top Philadelphia verdicts and judicial findings in the first half of 2009
included at least eight cases that involve awards over $1 million, including several cases
that haven’t been previously reported in The Legal. Verdicts0814

Monday, Aug. 17
Contributed:
Real Estate: By Martin Doyle re0817
ADR: By Charles Forer adr0817
Regional:
Zack: An Allegheny County common pleas judge has called for a new trial in a medical
malpractice case, making the rare decision to vacate a jury’s defense verdict and
suggesting that the defendant doctor be barred from testifying at the new proceedings.
NewTrial0814

  Amaris: The top Philadelphia verdicts and judicial findings in the first half of 2009
included at least eight cases that involve awards over $1 million, including several cases
that haven’t been previously reported in The Legal. Verdicts0814

  Amaris2: With the city of Philadelphia’s budget for this fiscal year stymied by
Harrisburg budget considerations, the First Judicial District is projecting closing
courthouse doors for six weeks or laying off 180 workers of its 1,850 employee base if
the city is not able to secure permission in Harrisburg for a sales tax increase or pension
recalculations, Common Pleas President Judge Pamela Pryor Dembe said Friday.




Shannon: Federal food labeling laws do not pre-empt a consumer fraud suit that accuses
a manufacturer of misleading the public with a false claim that a product is "all natural," a
federal appeals court has ruled.

Tuesday, Aug. 18
Contributed:
Capital Gains: By Kelly Phillips Erb cg0818
Employment Law: By Daniel P. O’Meara and Adam J. Taliaferro el0818




Regional:


  Amaris: The top Philadelphia verdicts and judicial findings in the first half of 2009
included at least eight cases that involve awards over $1 million and several cases that
haven’t been previously reported in The Legal. Verdicts0814

  Amaris2: Less than a year after the Supreme Court started an initiative to reduce the
number of children in foster care, Montgomery County has reduced the number of
children being placed outside of their homes by 20 percent, Laurie O’Connor, director of
the Montgomery County Office of Children & Youth, reported. Family0818
By Gina Passarella: A private equity fund manager has no personal claim of legal
malpractice against Pepper Hamilton because he ignored the firm’s legal advice and
should have known the firm was representing the fund and not him individually, a
Philadelphia judge said. Peppersuit0818

Wednesday, Aug. 19
Contributed:
Legal Marketing: By Stacey West Clark and Jason Lisi lma0819
GC Page (pickup from NLJ): By Karen Sloan gc0819




Regional:


  Amaris: The top Philadelphia verdicts and judicial findings in the first half of 2009
included at least eight cases that involve awards over $1 million and several cases that
haven’t been previously reported in The Legal. Verdicts0814

  Amaris2: Less than a year after the Supreme Court started an initiative to reduce the
number of children in foster care, Montgomery County has reduced the number of
children being placed outside of their homes by 20 percent, Laurie O’Connor, director of
the Montgomery County Office of Children & Youth, reported. Family0818

  Amaris3: The state Supreme Court has ruled that Orphans’ Court orders to sell pieces
of real estate that are part of the probate process shouldn’t always be appealable as of
right, out of the concern that always allowing such appeals would burden the appellate
court system and delay the administration of estates. Stricker0819

By Gina Passarella: A private equity fund manager has no personal claim of legal
malpractice against Pepper Hamilton because he ignored the firm’s legal advice and
should have known the firm was representing the fund and not him individually, a
Philadelphia judge said. Peppersuit0818

Zack: A defendant who has been granted the right to file a notice of appeal nunc pro tunc
is not automatically entitled to the right to file post-sentence motions nunc pro tunc, the
state Supreme Court has ruled. Liston0819

Thursday, Aug. 20
Contributed:
Environmental Law: By Brenda H. Gotanda, Meredith Huston and Michael C. Nines
el0820
Law Office Technology (pickup from NYLJ): By Kelly D. Talcott lot0820


Regional:

Amaris: The top Philadelphia verdicts and judicial findings in the first half of 2009
included at least eight cases that involve awards over $1 million and several cases that
haven’t been previously reported in The Legal. Verdicts0814

Amaris2: Retail titan Wal-Mart argued the largest class action verdict in Pennsylvania's
history should be overturned because the proof offered by the class of former and current
Wal-Mart workers is individualized. Walmart0820

Amaris3: The state Supreme Court has ruled that Orphans’ Court orders to sell pieces of
real estate that are part of the probate process shouldn’t always be appealable as of right,
out of the concern that always allowing such appeals would burden the appellate court
system and delay the administration of estates. Stricker0819

Gina: The Pennsylvania Supreme Court will decide whether a trial judge’s decision to
allow the playback of audio-recorded trial testimony to a deliberating jury outside of the
defendant’s presence was in violation of two rules of criminal procedure. Williams0820

Zack: A defendant who has been granted the right to file a notice of appeal nunc pro tunc
is not automatically entitled to the right to file post-sentence motions nunc pro tunc, the
state Supreme Court has ruled. Liston0819
Friday, Aug. 21
Contributed:
Litigation: By Stephen J. Pokiniewski and Beth Adamski lit0821
Bankruptcy Update: By Matthew A. Hamermesh and Myron A. Bloom bu0821


Regional:

Amaris: The top Philadelphia verdicts and judicial findings in the first half of 2009
included at least eight cases that involve awards over $1 million and several cases that
haven’t been previously reported in The Legal. Verdicts0814

  Amaris2: In further fallout from the country’s Great Recession and the city’s budget
woes, the Philadelphia District Attorney’s office and the Defender Association of
Philadelphia are not participating in this year’s on-campus recruiting season of future
lawyers. Oci0821

Amaris3: The state Supreme Court has ruled that Orphans’ Court orders to sell pieces of
real estate that are part of the probate process shouldn’t always be appealable as of right,
out of the concern that always allowing such appeals would burden the appellate court
system and delay the administration of estates. Stricker0819



Gina: The Pennsylvania Supreme Court will decide whether a trial judge’s decision to
allow the playback of audio-recorded trial testimony to a deliberating jury outside of the
defendant’s presence was in violation of two rules of criminal procedure. Williams0820

Zack: Lehigh Valley firm Tallman Hudders & Sorrentino, which functions as the
Pennsylvania office of New Jersey-based Norris McLaughlin & Marcus, has expanded its
banking, creditors’ rights and real estate practices through a merger with Somach &
Wester, a two-attorney Allentown-based firm. Merger0821

Monday, Aug. 24
Contributed:
Paralegal Page (with calendar): By Jamerra J. Cherry para0824 and paracal0824

Real Estate: By Daniel P. Mazo re0824

Regional:

Amaris: The top Philadelphia verdicts and judicial findings in the first half of 2009
included at least eight cases that involve awards over $1 million and several cases that
haven’t been previously reported in The Legal. Verdicts0814

Amaris3: The state Supreme Court has ruled that Orphans’ Court orders to sell pieces of
real estate that are part of the probate process shouldn’t always be appealable as of right,
out of the concern that always allowing such appeals would burden the appellate court
system and delay the administration of estates. Stricker0819

Zack: Lehigh Valley firm Tallman Hudders & Sorrentino, which functions as the
Pennsylvania office of New Jersey-based Norris McLaughlin & Marcus, has
expanded its banking, creditors’ rights and real estate practices through a merger
with Somach & Wester, a two-attorney Allentown-based firm. Merger0821 Tuesday,
Aug. 25
Contributed:
Securities: By Jeffrey A. Barrack sec0825
Capital Gains (pickup from NYLJ): By Sidney Kess cg0825

Regional:

  Amaris: Trial judges have the authority to order second appeal issue statements when
the first statements are unclear, the state Supreme Court ruled Friday. Tucker0826
Zack: Lehigh Valley firm Tallman Hudders & Sorrentino, which functions as the
Pennsylvania office of New Jersey-based Norris McLaughlin & Marcus, has expanded its
banking, creditors’ rights and real estate practices through a merger with Somach &
Wester, a two-attorney Allentown-based firm. Merger0821

Gina: When prosecutors decided not to retry a man convicted of rape and other charges
after new DNA evidence emerged 10 years later, the trial court should have granted the
man’s request to expunge his record of the vacated charges, a split Superior Court panel
has ruled in a case of first impression. Dna0824

Hank and Leo: The federal judge overseeing the case against two disgraced former
Luzerne County judges wasted no time in rejecting the duo’s motion to reconsider their
plea agreements, handing down his order four days after the motion was filed. Kosik0825

Wednesday, Aug. 26
Contributed:
GC Page (pickup from CC): By David Hechler gcpage0826
White-Collar Law: By Thomas Vecchio and David M. Laigaie wc0826

Regional:

  Amaris: Trial judges have the authority to order second appeal issue statements when
the first statements are unclear, the state Supreme Court ruled Friday. Tucker0826

  Amaris2: After months of work, Philadelphia’s appeals from arbitration program has
emerged from a backlog and the program has been improved with the addition of
volunteer judge pro tems to hear arbitration appeal pretrial conferences.
Appealfromarb0826

  Gina: Wachovia and other banks across the state are viewing a recent Superior Court
decision allowing them to take fees off of the principal of longterm trusts as a big win in
their fight to get case law to match the increasingly complicated world of trust
management. Trusts0826

Zack: Flaster Greenberg has made its second move in as many months to further expand
its intellectual property practice. Just over a month after bringing former DLA Piper IP
attorney Thomas J. Durling on board as a shareholder, Flaster Greenberg has hired patent
lawyer Gary D. Colby from Duane Morris. Flaster0826

Thursday, Aug. 27
Contributed:
Workers’ Comp Update: By Daniel Vincent DiLoretto wc0827
Law Office Tech: By Adelaine F. Williams lot0827
Regional:


  Amaris2: After months of work, Philadelphia’s appeals from arbitration program has
emerged from a backlog and the program has been improved with the addition of
volunteer judge pro tems to hear arbitration appeal pretrial conferences.
Appealfromarb0826

  Gina: Wachovia and other banks across the state are viewing a recent Superior Court
decision allowing them to take fees off of the principal of longterm trusts as a big win in
their fight to get case law to match the increasingly complicated world of trust
management. Trusts0826

Zack: Flaster Greenberg has made its second move in as many months to further expand
its intellectual property practice. Just over a month after bringing former DLA Piper IP
attorney Thomas J. Durling on board as a shareholder, Flaster Greenberg has hired patent
lawyer Gary D. Colby from Duane Morris. Flaster0826

Friday, Aug. 28
Contributed:
Insight on Diversity: By Catherine M. Chan id0828
Employment Law: By Jennifer Blum Feldman hc0828

Regional:


By Shannon Duffy: A federal judge has dismissed a securities fraud suit against Merrill
Lynch and six of its subsidiaries citing the ―profound‖ downturn in mortgage market as
the more likely cause of the plaintiffs’ woes. meltdown828

  Amaris: With the First Judicial District down to $10,000 in operating funds and court-
appointed counsel, arbitrators, court reporters and court interpreters not being paid, the
mood among many members of Philadelphia’s bench and bar is one of unease and
apprehension about the court’s future. Budgetbuzz0828

Zack: M. Mark Mendel, head of the Law Offices of M. Mark Mendel in Philadelphia,
passed away on Aug. 26 at his home in Radnor, Pa. after a long battle with heart disease
and failing kidneys. He was 80.

Monday, Aug. 31
Contributed:
Public Interest Page (and calendar): By Mary Catherine Roper public0831
By David Bennion interest0831
Cal0831
Bankruptcy Update: By Richard J. Parks bu0831

Regional:

Zack: A Commonwealth Court judge has ruled that public school employees have a
constitutionally-protected right to privacy that protects them from having their home
addresses disclosed to the public. Addresses0831

Amaris: Should appellate rights be quashed when a lawyer has filed a timely statement
explaining the reasons for his or her appeal but has failed to personally serve the trial
judge with the statement? Berg0831

Tuesday, Sept. 1
Contributed:
Litigation: By David Romine lit0901
Capital Gains: By Michael A. Gillen and Steven M. Packer gc0901

Regional:



  Amaris: Should appellate rights be quashed when a lawyer has filed a timely statement
explaining the reasons for his or her appeal but has failed to personally serve the trial
judge with the statement? Berg0831

  Zack: The state Superior Court has ruled that an Allegheny County trial judge abused
her discretion by failing to hold a hearing with relevant witness testimony to determine
home state status in a child custody case in which the home state was unclear.
Custody0901

Wednesday, Sept. 2
Contributed:
Intellectual Property: Michael F. Snyder and Joseph P. Gushue ip0902
GC Page (pickup from CC mag): By Sue Reisinger gc0902


Regional:

Zack: The state Superior Court has ruled that an Allegheny County trial judge abused her
discretion by failing to hold a hearing with relevant witness testimony to determine home
state status in a child custody case in which the home state was unclear. Custody0901
Zack: The state Supreme Court has affirmed the Commonwealth Court’s rulings in two
cases involving Philadelphia gun control ordinances but has stayed silent about its
reasoning for doing so. Gun0902

  Amaris: A Philadelphia judge has ruled that the city code controlling outdoor
advertising is constitutional. The judge rejected a challenge brought by a building owner
who wants to erect a 9,750 square-foot wall-wrap ad on the building. Callowhill0902


Gina: Allowing appeals to be filed after the deadline isn’t something saved for just
appellate courts. Pennsylvania Courts of Common Pleas have the power to grant parties
the right to file a notice of appeal nunc pro tunc, the Superior Court said in a brief
opinion last week. Towey0901

Gina: When offer rates for summer associates were the talk of the industry last week,
Morgan Lewis & Bockius stayed relatively quiet, issuing a statement only to dispel
reports that it was not giving offers in at least one major office. Now that the firm has
finished informing summer associates of their status and has made a firmwide
announcement this morning regarding the decisions, Morgan Lewis has provided more
concrete numbers when it comes to offer rates. Firmwide hiring partner Eric Kraeutler
said there were 102 eligible 2Ls across the country in this year’s summer program. Of
that group, 28, or 27.5 percent, were given offers to start as first-year associates in the fall
of 2011. morganoffers0902

Gina: The parents of a baby with a paralyzed right arm due to complications during
delivery have won the right to a new trial because the judge gave an ―error of judgment‖
charge to the jury, a divided en banc panel of the Superior Court ruled in its decision
banning the charge from medical malpractice cases. Pringle0901

Thursday, Sept. 3
Contributed:
Health Care Law: By Vasilios J. Kalogredis hc0903
Law Firm Management: By Joel A. Rose lfm0903


Regional:

Zack: The state Superior Court has ruled that an Allegheny County trial judge abused her
discretion by failing to hold a hearing with relevant witness testimony to determine home
state status in a child custody case in which the home state was unclear. Custody0901

Zack2: Pepper Hamilton has confirmed that of the 14 summer associates in its program
this year nationwide, only seven received offers. Pepper0903

Zack3: L. Oliver Frey, attorney with Saul Ewing and former president of Philadelphia
litigation firm Frey Petrakis Deeb Blum & Murphy, has passed away at age 51. Frey0903
Amaris: A Philadelphia judge has ruled that the city code controlling outdoor advertising
is constitutional. The judge rejected a challenge brought by a building owner who wants
to erect a 9,750 square-foot wall-wrap ad on the building. Callowhill0902


Gina: Allowing appeals to be filed after the deadline isn’t something saved for just
appellate courts. Pennsylvania Courts of Common Pleas have the power to grant parties
the right to file a notice of appeal nunc pro tunc, the Superior Court said in a brief
opinion last week. Towey0901

Gina: The parents of a baby with a paralyzed right arm due to complications during
delivery have won the right to a new trial because the judge gave an ―error of judgment‖
charge to the jury, a divided en banc panel of the Superior Court ruled in its decision
banning the charge from medical malpractice cases. Pringle0901

Friday, Sept. 4
Contributed:
Professional Conduct: By Ellen C. Brotman and Michael Hayes pc0904
Bankruptcy Update: By Francis J. Lawall and Evelyn J. Meltzer bu0904

Regional:

Zack: The state Superior Court has ruled that an Allegheny County trial judge abused her
discretion by failing to hold a hearing with relevant witness testimony to determine home
state status in a child custody case in which the home state was unclear. Custody0901

Amaris: A Philadelphia judge has ruled that the city code controlling outdoor advertising
is constitutional. The judge rejected a challenge brought by a building owner who wants
to erect a 9,750 square-foot wall-wrap ad on the building. Callowhill0902

  Amaris2: In a case of first impression, the state Superior Court has ruled that
Pennsylvania courts do not have the authority to order the relocation of express
easements without the permission of the owner of the easement rights. Easement0904



Gina: Allowing appeals to be filed after the deadline isn’t something saved for just
appellate courts. Pennsylvania Courts of Common Pleas have the power to grant parties
the right to file a notice of appeal nunc pro tunc, the Superior Court said in a brief
opinion last week. Towey0901

Tuesday, Sept. 8
Contributed:
Litigation: By Stephen Finley Lit0908
Capital Gains: By Mark Silow cg0908

Regional:


By Shannon Duffy: The 3rd U.S. Circuit Court of Appeals will soon be asked to decide
whether the state of Delaware would recognize medical monitoring as a cause of action now that
a Pennsylvania federal judge has certified an immediate appeal of his decision holding that it
would do so.




  Amaris2: In a case of first impression, the state Superior Court has ruled that
Pennsylvania courts do not have the authority to order the relocation of express
easements without the permission of the owner of the easement rights. Easement0904



Gina: Allowing appeals to be filed after the deadline isn’t something saved for just
appellate courts. Pennsylvania Courts of Common Pleas have the power to grant parties
the right to file a notice of appeal nunc pro tunc, the Superior Court said in a brief
opinion last week. Towey0901

Wednesday, Sept. 9
Contributed:
GC Page:
Employment Law: By Sid Steinberg el0909

Regional:

Amaris2: In a case of first impression, the state Superior Court has ruled that
Pennsylvania courts do not have the authority to order the relocation of express
easements without the permission of the owner of the easement rights. Easement0904

Gina: In a rare ruling on the joint defense/common interest privilege, the Commonwealth
Court found the City of Philadelphia and the city’s Redevelopment Authority didn’t have
similar enough interests in a condemnation matter to protect from discovery cross-
communications between the two parties and their attorneys.

 Gina:
The firm gave offers to about 68 percent, or 25, of the 37 2L summer associates it had
firm wide in 2009. The offer rate was about the same in Philadelphia where 13 of the 19
2Ls received offers, the firm confirmed. Drinkeroffers0909

Thursday, Sept. 10
Contributed:
Workers’ Comp Update: By Christian Petrucci wc0910
Business of Law: By Frank M. D’Amore

Regional:

Gina: In a rare ruling on the joint defense/common interest privilege, the Commonwealth
Court found the City of Philadelphia and the city’s Redevelopment Authority didn’t have
similar enough interests in a condemnation matter to protect from discovery cross-
communications between the two parties and their attorneys.




Zack: Bucks County First Assistant District Attorney David W. Zellis has dropped out of
the running for county judge less than a month shy of the Nov. 3 general election.
Zellis0910


Zack2: About six months after the state Supreme Court ruled that the Philadelphia
Parking Authority was a state agency for the purpose of regulating taxicabs, the
Commonwealth Court has sustained the PPA’s preliminary objections to a petition filed
by taxi and limousine drivers hoping to free themselves from the PPA’s current
regulations governing the industry. Blount0910

Gina: The Superior Court, in a case of first impression, threw out a suit against Rohm &
Haas made by the estate of a woman who developed, and died from, a brain tumor years
after working for the company. In reversing the trial court, the Superior Court panel ruled
the suit was barred by the exclusivity provisions of the Workers’ Compensation Act
because the disease manifested 300 or more weeks after Olivia Ranalli worked at the
plant. The Act has provides for remedies for diseases that manifest within 300 weeks of
employment. The court also ruled a bar to workers’ compensation coverage doesn’t equal
a right to a tort claim. Ranalli0910

Friday, Sept. 11
Contributed:
Legal Marketing: By Susan Letterman White lma0911
Litigation: By Mark LeWinter lit0911

Regional:
Gina: In a rare ruling on the joint defense/common interest privilege, the Commonwealth
Court found the City of Philadelphia and the city’s Redevelopment Authority didn’t have
similar enough interests in a condemnation matter to protect from discovery cross-
communications between the two parties and their attorneys. Jointdefense0909

Zack2: About six months after the state Supreme Court ruled that the Philadelphia
Parking Authority was a state agency for the purpose of regulating taxicabs, the
Commonwealth Court has sustained the PPA’s preliminary objections to a petition filed
by taxi and limousine drivers hoping to free themselves from the PPA’s current
regulations governing the industry. Blount0910

Gina: The Superior Court, in a case of first impression, threw out a suit against Rohm &
Haas made by the estate of a woman who developed, and died from, a brain tumor years
after working for the company. In reversing the trial court, the Superior Court panel ruled
the suit was barred by the exclusivity provisions of the Workers’ Compensation Act
because the disease manifested 300 or more weeks after Olivia Ranalli worked at the
plant. The Act has provides for remedies for diseases that manifest within 300 weeks of
employment. The court also ruled a bar to workers’ compensation coverage doesn’t equal
a right to a tort claim. Ranalli0910

Gina: The years-long court proceedings involving alleged accounting fraud and the
ultimate liquidation of beverage maker Le-Nature’s Inc. now includes Pittsburgh law firm
K&L Gates. The trustee of Le-Nature’s has sued the firm, partner Sanford B. Ferguson
and accounting firm Pascarella & Wiker in Allegheny Common Pleas Court for their
alleged “stunning failure” to detect fraud in the company during an internal investigation
they were hired to undertake three years before the collapse of Le-Nature’s, according to
the complaint in                      . Lenature0911

Monday, Sept. 14
Contributed:
Real Estate: By Harper Dimmerman re0914
Appellate Law: By Howard J. Bashman al0914

Regional:

Gina: In a rare ruling on the joint defense/common interest privilege, the Commonwealth
Court found the City of Philadelphia and the city’s Redevelopment Authority didn’t have
similar enough interests in a condemnation matter to protect from discovery cross-
communications between the two parties and their attorneys. Jointdefense0909

Zack 1: About six months after the state Supreme Court ruled that the Philadelphia
Parking Authority was a state agency for the purpose of regulating taxicabs, the
Commonwealth Court has sustained the PPA’s preliminary objections to a petition filed
by taxi and limousine drivers hoping to free themselves from the PPA’s current
regulations governing the industry. Blount0910
Zack 2: The 3rd U.S. Circuit Court of Appeals has ruled in a case of first impression that
the scope of Section 1981 of the Civil Rights Act of 1866 extends beyond employees to
independent contractors. Discrimination0915


Gina: The Superior Court, in a case of first impression, threw out a suit against Rohm &
Haas made by the estate of a woman who developed, and died from, a brain tumor years
after working for the company. In reversing the trial court, the Superior Court panel ruled
the suit was barred by the exclusivity provisions of the Workers’ Compensation Act
because the disease manifested 300 or more weeks after Olivia Ranalli worked at the
plant. The Act has provides for remedies for diseases that manifest within 300 weeks of
employment. The court also ruled a bar to workers’ compensation coverage doesn’t equal
a right to a tort claim. Ranalli0910

Tuesday, Sept. 15
Contributed:
Capital Gains: By Kelly Phillips Erb cg0915
Legal Marketing: By Kimberly Rice lma0915

Regional:

Gina: In a rare ruling on the joint defense/common interest privilege, the Commonwealth
Court found the City of Philadelphia and the city’s Redevelopment Authority didn’t have
similar enough interests in a condemnation matter to protect from discovery cross-
communications between the two parties and their attorneys. Jointdefense0909

Zack 1: About six months after the state Supreme Court ruled that the Philadelphia
Parking Authority was a state agency for the purpose of regulating taxicabs, the
Commonwealth Court has sustained the PPA’s preliminary objections to a petition filed
by taxi and limousine drivers hoping to free themselves from the PPA’s current
regulations governing the industry. Blount0910

Zack 2: The 3rd U.S. Circuit Court of Appeals has ruled in a case of first impression that
the scope of Section 1981 of the Civil Rights Act of 1866 extends beyond employees to
independent contractors. Discrimination0915

Zack3: The United States District Court for the Middle District of Pennsylvania has
upheld a 2008 law aimed at increasing the standards of care of Pennsylvania puppy mills.
Puppy0915



Tuesday, Sept. 15
Contributed:
GC Page:
Immigration Law: By Neelam Ihsanullah il0916
Regional:

Gina: In a rare ruling on the joint defense/common interest privilege, the Commonwealth
Court found the City of Philadelphia and the city’s Redevelopment Authority didn’t have
similar enough interests in a condemnation matter to protect from discovery cross-
communications between the two parties and their attorneys. Jointdefense0909

Zack 2: The 3rd U.S. Circuit Court of Appeals has ruled in a case of first impression that
the scope of Section 1981 of the Civil Rights Act of 1866 extends beyond employees to
independent contractors. Discrimination0915
Thursday, Sept. 17
Contributed:
Paralegal Page (with calendar): By Kim Walker para0917; pcal0917
Environmental Law: By Kenneth Warren el0917

Regional:


Zack 2: The 3rd U.S. Circuit Court of Appeals has ruled in a case of first impression that
the scope of Section 1981 of the Civil Rights Act of 1866 extends beyond employees to
independent contractors. Discrimination0915

				
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