Tag Archives: Pennsylvania Lawyer

Sandusky Civil Law Update: Insurance, New Lawsuit, and the Preliminary Hearing

My post on the potential civil lawsuits arising from the Jerry Sandusky molestation scandal at PSU still generates a fair amount of traffic, mostly from people looking for updates on the latest legal developments. If the internet asks, it shall receive. There have been four major developments relating to the case: A preliminary hearing for the criminal charges against Tim Curley and Gary Schultz; The filing of another civil lawsuit against Sandusky, Penn State, and The Second Mile; The filing of a declaratory judgment action by Federal Insurance Company of New Jersey, the insurance company for The Second Mile, to obtain a ... Continue Reading

Tweet Like Email LinkedIn

The Perils Of The Never-Ending Personal Injury Trial

Last week The Times Leader in Wilkes-Barre reported: A federal jury on Tuesday ruled against an area woman who was seeking more than $20 million from Toys R Us for injuries she allegedly suffered when an oversized candy dispenser fell and struck her in the head. The jury, which heard from several dozen medical and other experts over a six-week trial, deliberated for about two hours before finding the national toy store chain was not negligent in connection with the Oct. 26, 2008, incident involving Dr. Mary Elizabeth Jordan Flickinger of Clarks Summit. Flickinger alleged she suffered debilitating injuries, including ... Continue Reading

Tweet Like Email LinkedIn

Pennsylvania’s Defective Drug Design Laws Hang In The Balance

It's no secret that pharmaceutical companies are among the more litigious businesses in America. Up until 2003, when Congress stepped in, the big drug makers had a good thing going: whenever the patent was about to expire on one of their blockbuster drugs, they would file a new patent for trivial modifications to the medicine, and thereafter would sue generic drug manufacturers claiming that the generic version of the old drug somehow infringed on the new patent. Here’s the kicker: the big drug makers knew these patent infringement claims were frivolous, so they would enter into a “settlement” in which ... Continue Reading

Tweet Like Email LinkedIn

Be A Potted Plant: Sanctions For Deposition Coaching and Witness Conferences

During the Iran-Contra hearings, Brendan Sullivan, a senior partner at Williams & Connolly (I wrote more about them here) who represented Oliver North, famously responded to Senator Daniel Inouye's criticism of Sullivan's repeated objections during the Congressional hearings with "Well, sir, I'm not a potted plant. I'm here as the lawyer. That's my job."   The rules for Congressional hearings, though, are a bit different from the rules for a deposition in civil litigation in federal court. Federal Rule of Civil Procedure 30(c)(1) is quite clear: "The examination and cross-examination of a deponent proceed as they would at trial under ... Continue Reading

Tweet Like Email LinkedIn

Pennsylvania Injury Lawyers: Don’t Let Insurance Companies Send Settlement Checks To Medicare, Medicaid or DPW!

[UPDATE: Complicating matters, on June 29th, 2011, a Third Circuit panel ruled in the Tristani v. Richman case (PDF) that Medicare / Medicaid has the right to assert liens, and that the default medical expenses apportionment scheme under 55 PA. CODE § 259.2 is appropriate. Expect more litigation and appeals to follow, likely beginning with a petition for en banc review. Despite the above, though, I don't believe the below analysis has changed — insurers still have no basis for refusing to pay plaintiffs. The lien is between the plaintiff and Pennsylvania's DPW.] This post is meant for all of my ... Continue Reading

Tweet Like Email LinkedIn

Inevitable Consumer Class Action Lawsuit Filed Against Nutella’s “Healthy” False Advertising

One of the great things about being a lawyer is that, like a sports fan watching a play unfold, you can foresee lawsuits before they're even filed. Nutella is delicious, creamy, and chocolaty, but one thing it is not: healthy. That didn't stop Ferrero, the makers of Nutella, from starting up a healthy-for-kids advertising campaign last year in Europe, as profiled by the nutrition researchers at Obesity Panacea: Although this may surprise some of our readers, I really like junk food. I eat far too much pizza, I love chicken wings, and Nutella, the original chocolate hazelnut spread, is one of ... Continue Reading

Tweet Like Email LinkedIn

Another Falsified Logbook, Another Preventable Truck Accident Death

Like with the patient safety violations at Gosnell's clinic, I hate seeing articles describing tragedies that mirror my cases, tragedies would have been avoided if we simply had better laws or law enforcement. Like the article in today's Inquirer: A truck driver who plowed his 77,000-pound rig into an Infiniti on the Schuylkill Expressway in 2009, killing a Fort Washington man, was charged by federal prosecutors yesterday with lying about breaks he was supposed to take on the road. Authorities said that Valerijs Nikolaevich Belovs, 57, of Northeast Philadelphia, falsified his driver daily logbooks between Dec. 20, 2008, and Jan. ... Continue Reading

Tweet Like Email LinkedIn

Guard Your Time Like It’s Your Money, Because It Is.

What's the most important tool on a lawyer's desk? There are a variety of alternative fee arrangements — like the contingency fee model our firm uses and the flat-fee model that is wrongly under attack — but there are really only two types of business models for law firms: those which profit from efficiency and those which profit from inefficiency. The latter model is used by the "BigLaw" firms with hundreds of lawyers working together to maximize the fees billed to the client. They call it "leverage," a clever name for using four attorneys — two of them too junior, ... Continue Reading

Tweet Like Email LinkedIn

“They Stole My Idea” Doesn’t Always Amount To An Intellectual Property Lawsuit

The Limited Scope Of Inventors' and Creators' Rights Under Copyright, Trademark, and Patent Infringement Law The business lawsuits actually filed, and defamation lawsuit not filed, surrounding Mark Zuckerberg and Facebook have inspired some of my more popular posts. But there is one litigious part of the Facebook story that I did not cover, and that was the lawsuit brought by the Winklevoss twins against Zuckerberg alleging that he stole the idea for Facebook from them. Here's why I avoided that part: without knowing the intricacies of the case (a case they're trying to reopen), there's not a lot for me ... Continue Reading

Tweet Like Email LinkedIn

New Medical Malpractice “Tort Reform” Just Another Pack of Lies

Insurance-Funded Congressional Representatives Again Try To Deny Justice For Patients Injured By Medical Malpractice Some bad ideas just will not go away. A few days ago The Pop Tort noted that the new, anti-patient Congress was holding hearings on medical malpractice liability. If they had listened to the excellent testimony of Joanne Doroshow, Executive Director of the Center for Justice & Democracy, they would have realized that injured patients need more, not less, legal protection. But the “hearings” were a sham anyway, and a few days later the insurance-backed members of Congress introduced a new plan to strip away the ... Continue Reading

Tweet Like Email LinkedIn