news in brief

Philadelphia – Somebody out there doesn’t like lawyers, and he or she is demonstrating that dislike through a computer virus that is triggered by a handful of legal words such as “trial judge,” “affirmed,” “guilty” and “habeas corpus.”

Like most viruses, W32.Magistr.24876Philadelphia – In another victory for Big Tobacco, a federal appeals court last week rejected an antitrust challenge to the $200 billion settlement between tobacco companies and 46 states in which tobacco retailers complained that the settlement created a “cartel” that protects the major tobacco companies from future competition.

Although it found that the plaintiffs had properly alleged an antitrust violation, the court held that since the settlement was struck with the government – the 46 states – the tobacco companies are immune under the Noerr-Pennington doctrine from being sued for antitrust violations.

The Noerr-Pennington doctrine generally protects anyone who petitions the government for redress from later being sued. But so far, the courts have never extended the doctrine to protect those who settle lawsuits with states.

Now, in A.D. Bedell Wholesale Co. Inc. v. Philip Morris Inc., PICS Case No. 01-1239 (3d. Cir. June 19, 2001) Scirica, J. (61 pages), the 3rd U.S. Circuit Court of Appeals has ruled that there is no reason not to extend the doctrine to settlements.

“We see no reason to distinguish between settlement agreements and other aspects of litigation between private actors and the government which give rise to antitrust immunity,” U.S. Circuit Judge Anthony J. Scirica wrote in an opinion joined by Judges Julio M. Fuentes and Leonard I. Garth.

“The rationale is identical. Freedom from the threat of antitrust liability should apply to settlement agreements as it does to other more traditional petitioning activities,” Scirica wrote.

The so-called “multistate settlement” resulted from a wave of lawsuits in the mid-1990s brought by individual states against the major tobacco companies to recoup health-care costs and reduce smoking by minors.

Chief Justice Asks Bar for $50 For Legal Aid

Philadelphia – State Supreme Court Chief Justice John P. Flaherty has appealed to the commonwealth’s 55,000 attorneys to reach into their wallets and pull out a little extra for those unable to afford legal representation.

In a two-page letter mailed to attorneys across the state, Flaherty urged them to make a voluntary, tax-exempt contribution of at least $50 in the form of separate checks accompanying their annual attorney registration renewal forms.

Attorneys wishing to make donations must check off a “pro bono initiative” box on their renewal forms and send separate checks, which would be forwarded to the Interest on Lawyers’ Trust Accounts board for distribution to legal services agencies across the state.

Flaherty said he was mindful that the cost of practicing law is substantial and that the financial rewards for doing so vary greatly. But since Pennsylvania is the fourth-largest state in the number of licensed attorneys, he said, it is worth noting two facts:

* Even when coupled with the recent increase of $25, raising fees from $105 to $130, Pennsylvania still has one of the lowest overall annual registration costs for lawyers in the nation – 41st out of 51, including Washington, D.C.

* With the financial contribution, the combined mandatory registration fee plus contribution would still rank Pennsylvania in the third quartile of all 51 jurisdictions.

“I am always encouraged by the refreshing view of our profession that pro bono commitments are an essential aspect of our service to our communities,” Flaherty wrote.

“I urge you to continue to meet or exceed those commitments for the good of the justice system, our fellow citizens and the legal profession. Additionally, I urge you to seriously evaluate your ability to make a contribution as outlined above – if not $50, then whatever is feasible whether greater or less.”

Co-Founder of Post & Schell Dead at 75