Schnader Harrison Segal & Lewis LLP

Maryland Expands the Potential for Manufacturer Liability in Failure to Warn Cases by Adopting an Exception to the Bare Metal Defense

Product manufacturers in Maryland have successfully argued for at least the last 16 years that, in terms of warnings, they are only responsible for products that they themselves have placed in the stream of commerce. In other…more
| Commercial Law & Contracts, Products Liability

Keeping an Eye on "Pervasive Regulation" in Aviation and its Effect on Implied Federal Preemption

Earlier this month, the Ninth Circuit issued another opinion regarding the scope of federal preemption in the context of federal aviation regulations. In National Federation of the Blind v. United Airlines Inc. (No. 11-16240),…more
| Civil Rights, Conflict of Laws, Transportation

Greasing the Wheels of Safety: NTSB Updates Regulations Governing Reports and Proceedings

New regulations governing National Transportation Safety Board investigative hearings, meetings, reports and petitions for reconsideration are set to go into effect on January 25, 2016. In general, the new regulations streamline…more
| Administrative Law, Transportation

The Supreme Court Forecloses Some, but not all, Strategies to Moot a Named Plaintiff's Putative Class Action

On Wednesday, the U.S. Supreme Court announced that class-action defendants may not moot a named plaintiff’s claim simply by extending an offer of judgment that satisfies the putative lead plaintiff’s demand for damages. The…more
| Civil Procedure, Civil Remedies, Communications & Media Law, Constitutional Law, Consumer Protection

16 Labor & Employment Resolutions for 2016

Chewbacca has announced that he and R2D2 will be challenging Donald Trump for the Republican nomination. And, now that I almost certainly have your attention, it is that time of year again — the time to review and reflect on all…more
| Labor & Employment Law

Aviation Happenings - Winter 2016

Court Holds that Seating a Passenger Behind an IFE Box Does Not Constitute Montreal Convention “Accident” - The United States District Court for the Eastern District of Pennsylvania recently held that seating a passenger…more
| Civil Procedure, Conflict of Laws, International Law & Trade, Personal Injury, Transportation

Manufacturers and Suppliers Win Big in Pennsylvania Economic Loss Doctrine Argument

The economic loss doctrine (ELD) in Pennsylvania "precludes recovery for negligence 'if the plaintiff suffers a loss that is exclusively economic, unaccompanied by an injury to either property or person.'" Elliot-Lewis Corp v…more
| Civil Procedure, Commercial Law & Contracts, Personal Injury, Products Liability

New York's Appellate Division Reverses Collateral Estoppel Ruling Against Payment Bond Sureties in Suit to Enforce Arbitration Award

A recent decision by the First Department of the Supreme Court, Appellate Division, addresses the preclusive effect of arbitration awards in subsequent judgment enforcement suits against payment bond sureties. In Five Star…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Construction Law

Non-Competes Must Be Supported By Consideration in Pennsylvania: No Exception Based On Employee’s Agreement To Be Legally Bound

The Pennsylvania Supreme Court has ruled that a non-compete entered after the onset of employment without additional consideration is not enforceable even if the employee expressly agreed “to be legally bound.” See Socko v…more
| Commercial Law & Contracts, Labor & Employment Law

Pittsburgh Sick Leave Delayed Until At Least March 10, 2016 To Allow Court Challenge

On October 22, 2015, Court of Common Pleas Judge Joseph James signed an order staying “implementation, application and enforcement” of the new Pittsburgh sick leave ordinance for 60 days. The ordinance is facing a court…more
| Administrative Law, Civil Procedure, Labor & Employment Law

The Third Circuit Gives the Green Light to RICO Plaintiffs Seeking to Recover Payments for Prescription Drugs

This week, the Third Circuit altered the legal landscape for civil Racketeer Influenced and Corrupt Organizations Act (RICO) claims against pharmaceutical companies. The ruling in In re Avandia Marketing, Sales Practices &…more
| Civil Procedure, Constitutional Law, Personal Injury, Science, Computers, & Technology

The CFPB Takes Aim at Arbitration Clauses in Contracts for Consumer Financial Products

The Consumer Financial Protection Bureau (CFPB) last week issued two proposals aimed at weakening and discouraging arbitration clauses in contracts for consumer financial products. First, the CFPB proposes prohibiting the…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Consumer Protection, Finance & Banking

New Paid Sick Days Act Applies to Pittsburgh Employers

The effective date of Pittsburgh’s new sick leave ordinance has been posted — January 11, 2016. This summer, Pittsburgh City Council enacted a new ordinance which requires employers to pay employees up to 40 hours of paid sick…more
| Labor & Employment Law

Recent Second Circuit Decision Teaches Trial Lawyers a Difficult Appellate Lesson: Following Trial Rules that Conflict with Rules of Appellate Procedure Can Cause Forfeiture of Appellate Rights

Lawyers are taught to follow the rules, and that includes local rules of trial courts and individual judges. But a recent Second Circuit decision adds an important caveat to that lesson: beware of local rules that can lead to…more
| Civil Procedure, Conflict of Laws

Should I Stay or Should I Go? The Third Circuit Explains How Courts Should Balance Clashing Stay Factors

The United States Court of Appeals for the Third Circuit recently issued a rare opinion addressing the analysis courts should undertake when considering a request to stay a trial court judgment or order pending appeal. The…more
| Civil Procedure
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