Capitol Report
Following is a listing of executive and legislative action for the week of Dec. 2. The Pennsylvania Senate was in recess at press time subject to the call of President Pro Tempore Joe Scarnati, R-Jefferson. The state House of Representatives was in recess and set to return to session Dec. 9.
December 06, 2019 at 01:00 PM
4 minute read
Following is a listing of executive and legislative action for the week of Dec. 2. The Pennsylvania Senate was in recess at press time subject to the call of President Pro Tempore Joe Scarnati, R-Jefferson. The state House of Representatives was in recess and set to return to session Dec. 9.
Water Contamination
The Wolf administration issued a statement Dec. 5 stating that even though there have been regional incidents of perfluoroalkyl and polyfluoroalkyl substances (PFAS) in drinking water, those have not been widespread throughout Pennsylvania.
The report was issued under a September 2018 executive order creating a PFAS Action Team. According to a Wolf administration statement, the team has taken steps to identify and address contamination and establish a cleanup plan that will result in every Pennsylvanian having water free from PFAS contamination.
"Tackling PFAS requires ongoing efforts by multiple agencies and I vow to provide the resources needed and protect the public, despite inaction from the federal government," Wolf said.
Baseball Teams
Wolf on Dec. 3 urged Major League Baseball Commissioner Rob Manfred to reverse field on a plan to eliminate dozens of minor-league teams, including three based in Pennsylvania.
In a letter to Manfred, Wolf stressed Pennsylvania's historic ties to the sport and also said the plan would deprive communities not only of an affordable entertainment option but also hurt local businesses.
MLB's plan would end player development arrangements with the Erie SeaWolves, State College Spikes, Williamsport Crosscutters and 37 other teams across the country.
"Williamsport, State College, and Erie are each located several hours from a Major League stadium, so losing the local Minor League team would make attending baseball games difficult for families who live in these places," Wolf said. "Children and young adults in these communities, including Williamsport, the home of the Little League World Series, would lose invaluable opportunities to watch and learn from talented Minor League players."
With its exemption from antitrust laws, MLB has virtually exclusive control of local professional baseball operations.
Ventilator Care
Two Republicans in the Pennsylvania Senate announced Dec. 3 that they have introduced a measure that would preserve access to ventilator or tracheostomy care for hundreds of patients in Pennsylvania.
Senate Bill 959, sponsored by state Sens. Camera Bartolotta, R-Washington, and Dan Laughlin, R-Erie, would dedicate additional Medicaid funding to facilities that serve a substantial number of patients who require ventilator or tracheostomy care.
Roughly 700 patients in Pennsylvania receive Medicaid-covered ventilator or tracheostomy care in a nursing home in any given month, according to a statement from the Senate GOP caucus. However, Medicaid does not reimburse providers for all of the additional expenses these patients incur, including specialized equipment, supplies and staff costs.
The new bill would provide an additional reimbursement for facilities that treat a large percentage of patients who require this highly specialized care. Currently, just 13 facilities in Pennsylvania treat more than 300 of the state's 700 patients who require these services.
"The largest provider of ventilator and tracheostomy care in the state recently filed for bankruptcy protection. That underscores just how serious this crisis has become," Bartolotta said. "Providing this kind of care is hard work, and it is expensive. Ensuring providers are reimbursed for these costs will not only preserve access to care, but will also provide an incentive for more providers to offer these services in their own communities."
Tax Credit Abuse
State Rep. Seth Grove, R-York, said Dec. 5 that a recent Pennsylvania grand jury report finding the state's Keystone Innovation Zone and Pennsylvania Research and Development tax credit programs are susceptible to fraud shows that such subsidies should be phased out.
"Tax credits have failed to help Pennsylvania's economy," Grove said. "Let me be blunt, these are special interest giveaways and nothing else."
The findings in the grand jury report, Grove said, should be alarming, pointing out that it alleged that foreign entities were acquiring tax credits to flip them.
"Government is not here to financially prop up businesses or ventures," Grove said. "Government is here to work for the people and to be wise shepherds of their tax money."
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Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.