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Federal Officer Removal after Watson v. Philip Morris Cos.: What Remains for the Non-Governmental Defendant?
September 2007
by Jonathan M. Stern
Published in the Defense Research Institute’s In-House Defense Quarterly (Summer 2007)
The article discusses Watson v. Philip Morris Cos., and illustrates that the federal officer removal statute may offer non-governmental actors a means into federal court where other avenues are not available. As a result, the article advises counsel representing such parties to consider whether their circumstances make federal officer removal viable.
A Comprehensive Look at Jurisdiction and Removal
October 2006
by Jonathan M. Stern
Published in For The Defense (Volume 48, No. 10)
The article addresses why aviation cases are more likely than other types “to take flight” from state courts. All else being equal, plaintiffs in personal injury and wrongful death cases tend to prefer a state court forum, while defendants—except perhaps in Puerto Rico, where state cases are tried to the bench—tend to prefer federal court.
Interim Issues Requiring Appellate Review—Pennsylvania’s Collateral Order Doctrine: Lessons From The Barnes Foundation Case And The 30 Years Of Jurisprudence Preceding It
October 2006
by Carl A. Solano and Bruce P. Merenstein
Published in the October 2006 Pennsylvania Bar Association Quarterly
The article discusses both the history and recent developments of Pennsylvania’s collateral order doctrine, under which certain non-final, interlocutory orders may be reviewable. In particular, the article focuses on the Supreme Court of Pennsylvania’s practice of looking to federal jurisprudence under the collateral order doctrine to aid in the development of Pennsylvania’s version of the doctrine, as exemplified by that Court’s decision in the Barnes Foundation case, in which Mr. Solano and Mr. Merenstein were counsel for the prevailing party.
Judges Need Good Help on Appeal
August 2006
by Hon. Timothy K. Lewis
Published in the August 21, 2006 issue of Legal Times
Judge Lewis opines on how first-rate appellate lawyers can help the appellate process by being prepared and persuasive; by knowing the case, the judge and the court; and by being the right lawyer both for the case and the court. Co-authored with Roy T. Englert Jr.
Intellectual Property Developments in China 2005
July 2006
by Bruce A. McDonald
Published in China Intellectual Property
This article summarizes primary developments in 2005 relating to Chinese protection and enforcement in of patents, trademarks and copyrights -- how China protects IP rights at home, exploits its IP rights abroad, and respects others' IP rights at home and abroad.
Sites in Shadow
June 2006
by Bruce A. McDonald
Published in the June 26, 2006 edition of Legal Times
The article discusses the April 14, 2006 decision, made by an internal council operating within the Internet Corporation for Assigned Names and Numbers (ICANN), to sharply limit the availability of information about domain name registrants.
Indicting Corporations Revisited--Lessons of the Arthur Andersen Prosecution
June 2006
by Elizabeth K. Ainslie
Published in the American Criminal Law Review
In 2002 a federal jury convicted the accounting firm of Arthur Andersen with obstructing justice in its destruction of documents relating to its accounting work for Enron. Andersen agreed to stop auditing public companies, in effect closing its business, and was sentenced to pay fines and to five years' probation.
The U.S. Age Discrimination in Employment Act: FAQs
March 31, 2006
by Scott J. Wenner
In International Bar Association’s Employment and Industrial Relations Law Newsletter (March 2006)
Mr. Wenner's article focuses on the Age Discrimination in Employment Act, which prohibits discrimination against applicants or employees aged 40 or over, and notes that a violation of its provisions will lead to an award of damages in the form of back pay, front pay, and payment of legal fees.
A Blow to Bullying in School
January 16, 2006
by Jerry L. Tanenbaum
Published in the New Jersey Law Journal
The New Jersey Department of Civil Rights, in an action upheld by the Appellate Division this month, has struck a blow against harassment in schools; Tanenbaum writes that the court's decision should go a long way toward impressing school administrators with their significant obligation to protect children in their care.
Domestic Partnership Benefits and the States
January 2006
by Mark A. Momjian
Published in the Law Journal Newsletters' Same-Sex Partnership Law Report (Vol. 1, No. 11)
The article discusses the battle of domestic partnership benefits, both at the federal and state level and whether or not a company’s decision to offer domestic partnership benefits is affected by a state’s amendment to ban same-sex marriage.
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