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U.S. ex rel. Silver v. Omnicare, Inc.

Publication Date: 2018-09-17
Practice Area: Government | Health Care Law | Public Records
Industry: Federal Government | Health Care | State and Local Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Justice Chagares
Attorneys: For plaintiff: Shauna B. Itri, Daniel R. Miller, and Sherrie R. Savett (Berger & Montague); Lisa J. Rodriguez (Schnader Harrison Segal & Lewis)
for defendant: Michael R. Manthei, David M. Glynn, Jeremy M. Sternberg, and Robert M. Shaw (Holland & Knight); Peter J. Kocoras (Thompson Hine); Judith Germano (Germano Law LLC)
Case Number: A-16-4418

Dismissal of Qui Tam Action Pursuant to Public Disclosure Bar Erroneous Where Plaintiff's Allegations Depended on Non-Public Documents
Tanksley v. Daniels.

Publication Date: 2018-09-11
Practice Area: Copyrights | Entertainment and Sports Law | Intellectual Property
Industry: Entertainment and Leisure | Technology Media and Telecom
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Fisher
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1086

The trial court properly dismissed appellant's copyright claims asserting a television series infringed the copyrighted pilot he had made and discussed on one occasion with the producer of the TV series years before the series was produced because the main character of both shows, an African American record executive, was a prototype and not protectable and a comparison of the two shows' characters, settings, and storylines showed that despite superficial similarities, they were not substantially similar as matter of law. Affirmed.
Kauffman v. U-Haul Int'l, Inc.

Publication Date: 2018-09-11
Practice Area: Class Actions | Dispute Resolution | Employment Litigation
Industry: Cargo and Shipping | Recruitment and Staffing
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Leeson
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1078

Defendant, alleged employer, moved to compel arbitration in plaintiff's purported class action asserting misclassification as an independent contractor and violations of the FLSA and the court found the agreement contained unconscionable cost and fee provisions, severed those provisions, granted the order to compel arbitration and stayed the action pending arbitration. Motion granted.
Schindler Elevator Corp. v. Riverside Apartments, Inc.

Publication Date: 2018-09-11
Practice Area: Contractual Disputes | Discovery
Industry: Construction | Real Estate
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1068

Imposition of a discovery sanction applied only to discovery issues. No evidentiary hearing took place regarding this matter, so due process considerations prevented plaintiff relying on the discovery ruling to conclusively prove the defendant operated a business under a particular name.
Cup v. Ampco Pittsburgh Corp.

Publication Date: 2018-09-11
Practice Area: Health Care Law | Labor Law
Industry: Manufacturing
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Hardiman
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1073

Separate memorandum was not implicitly incorporated into collective bargaining agreement by mere reference where CBA otherwise expressly incorporated separate documents into its terms. Order of the district court reversed, case remanded.
M.L.S. v. T.H.-S

Publication Date: 2018-09-11
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Olson
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1081

Trial court properly found that stepfather had standing to pursue a custody action regarding mother's child because he presented over-whelming evidence that he served in the place of child's deceased biological father and mother accepted the benefits of his child rearing efforts. Affirmed.
Feezle v. Feezle

Publication Date: 2018-09-11
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1039

The court affirmed the master's schedule of distribution of the parties' property in this divorce proceeding, except as to one pension asset. Wife was not in contempt for failing to pay husband's attorney fees where she had the inability to pay.
Pearce v. Mizuho Bank Ltd.

Publication Date: 2018-09-11
Practice Area: Banking and Finance Laws | Class Actions
Industry: Financial Services and Banking | E-Commerce
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Kelly
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1083

Japanese bank moved to dismiss plaintiff's putative class action over a bitcoin exchange for lack of jurisdiction and court found it lacked both general and specific jurisdiction over bank that had no branches or representatives in the United States and never expressly aimed any conduct at Pennsylvania. Motion granted.
Lamson v. Weyerhaeuser Co.

Publication Date: 2018-09-11
Practice Area: Evidence | Toxic Torts
Industry: Chemicals and Materials | Manufacturing
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Fox
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1037

Plaintiff failed to provide any evidence that decedent was exposed to asbestos in products manufactured by defendants. Because the jury would have to rely on speculation to find in favor of plaintiff, the court granted defendants' motion for summary judgment.
In re: T.S.

Publication Date: 2018-09-11
Practice Area: Family Law
Industry:
Court: Supreme Court
Judge: Justice Saylor
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1075

Guardian ad litem could serve as child's legal counsel in termination proceeding where no conflict of best and legal interests. Order of the superior court affirmed.

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