US Supreme Court Advances Cozen O'Connor's Landmark Sept. 11 Litigation against Saudi Arabia

News

Sean Carter discusses the recent U.S. Supreme Court decision that gives the go-ahead to a lawsuit by victims of the Sept. 11, 2001, attacks against the government of Saudi Arabia, alleging it indirectly financed al-Qaeda in the years before the hijackings.

Owner Permitted to Redeem Property from Tax Claim Bureau [Tax Alert]

Publication - Tax

A panel of the Commonwealth Court held that the Westmoreland Tax Claim Bureau had the discretion under the Real Estate Tax Sale Law (RETSL) to allow an owner of a tax delinquent property (Rowe) to redeem the property through the payment of all tax and costs after the property failed to sell at a tax sale and a judicial sale and had been placed in the bureau’s repository of unsold property. Consequently, the court dismissed a complaint for mandamus and declaratory judgment filed by an individual (Sanders) seeking to force the bureau to accept his bid for the property.

Owner May Appeal Base Year Valuation [Tax Alert]

Publication - Tax

A panel of the Commonwealth Court held that an owner of property was entitled to pursue a base year evaluation appeal, notwithstanding that the initial appeal was taken by a school district. Corey v. Washington County Board of Assessment Appeals, No. 370 C.D. 2013 (Pa. Commw. May 13, 2014) (unreported).

Mortgagee Lacks Standing to Appeal [Tax Alert]

Publication - Tax

A panel of a Commonwealth Court held that a mortgagee is not an aggrieved party for purposes of standing to take an appeal of the assessment of real property. Mountain Manor Development Company LP v. Monroe County Board of Assessment Appeals, No. 1187 C.D. 2013 (Pa. Comm. May 22, 2014) (unreported).

Evidentiary Hearing Required in Upset Tax Sale Challenge [Tax Alert]

Publication - Tax

A divided Commonwealth Court panel vacated an order of the Court of Common Pleas of Lackawanna County dismissing a property owner’s (Pascal) set aside petition to void the judicial sale of her property and remanded the case for an evidentiary hearing.

All Issues Waived on Appeal [Tax Alert]

Publication - Tax

A panel of the Commonwealth Court held that a pro se taxpayer waived all issues on appeal because he failed to comply with the lower court’s order directing him to file a statement of matters complained of on appeal. City of Philadelphia v. Tax Review Board, Appeal of Samuel Cook, No. 1070 C.D. 2013 (Pa. Commw. May 21, 2014) (unreported). Issues not stated in a statement are waived. Commonwealth v. Castillo, 888 A.2d 775 (Pa. 2005). Since the taxpayer filed no statement, all issues were waived.

Who Has Burden to Prove Jurisdictional Amount in CAFA Cases? [The Legal Intelligencer]

Publication

In a recent case, the U.S. Court of Appeals for the Third Circuit addressed the Class Action Fairness Act (CAFA)'s amount in controversy requirement. In Hoffman v. Nutraceutical, No. 13-3482, slip op. (3d Cir. March 27, 2014), the Third Circuit affirmed the district court's denial of the plaintiff's motion to remand the case back to state court. The court held that the CAFA jurisdictional requisites, including the amount in controversy requirement, were satisfied and supported federal jurisdiction. Embedded in the decision is an interesting operational assumption: Instead of the burden being on the defendant to prove that the CAFA amount in controversy requirement had been met—as is true in most CAFA cases—the burden was placed on the plaintiff to show that the jurisdictional amount had not been met.

Jennifer Brandt Appears on Cavuto to Discuss John Boehner's Potential Suit Against Barack Obama

News - Family Law

Jennifer Brandt, a member of the firm's Family Law Department, was a guest on Cavuto on the Fox Business Network on June 25, 2014.

David Barron Discusses Houston's Human Equal Rights Ordinance in My Fox Houston

News - Employment Litigation, Labor & Employment

In an article titled “Effort to Appeal Human Equal Rights Ordinance,” David Barron, a member of Cozen O’Connor’s Labor & Employment Department, discusses the Human Equal Rights Ordinance in Houston. Barron states that if the ordinance passes this week, offices such as his, will start seeing an overflow of cases. He adds, “my clients employers now have to deal with not just federal & state, but they have to deal with the city now.”

中国公司如何成功完成海外收购活动？[China Economic Net]

Publication

近年来,随着中国企业“走出去”的步伐不断加大,有相当数量的中国公司已经开展了对境外公司的并购、控制权收购和重大中小股权投资等海外收购活动。中国经济实力的发展,也使中国有望成为各国外商直接投资(“FDI”)的主力军。但是,如何成功完成这类与国内完全不同的海外收购活动?如何在纷繁复杂的国际市场上,用最快速度寻找最有价值的合作伙伴?这些日益成为摆在中国企业面前的重大难题。近日,本报记者郭凯专访了美国海外收购咨询专家罗安祖律师,他以自己熟悉的中国企业在美国收购活动为范例,向我们阐释了海外收购领域的成功之道。

A. Martin Wickliff Recognized Among

News - Labor & Employment

Cozen O’Connor attorney A. Martin Wickliff, Jr. has been recognized among “The Nation’s Most Powerful Employment Attorneys – Top 100” by Human Resource Executive (HRE) magazine. The list is compiled based on evaluations by clients and peers, as well as independent research by Human Resource Executive and Lawdragon, a nationally recognized networking site for lawyers and clients.

Latest Trends in Personal Jurisdiction over Foreign Manufacturers [Subrogation & Recovery Alert]

Publication - Subrogation & Recovery

Personal jurisdiction over foreign manufacturers is becoming an increasingly contested issue in product liability cases. A growing number of state courts have distinguished Nicastro and found specific personal jurisdiction over foreign manufacturers that introduce multiple products into the forum state’s stream of commerce.

Seventh Circuit Gives More Shelter to Investors under § 546(e)

Publication

Second Circuit Emphasizes Deference to Regulatory Agencies [The Legal Intelligencer]

Publication

In an article published in The Legal Intelligencer, Hayes Hunt, a member of Cozen O'Connor's Commercial Litigation Department, and Arthur Fritzinger, an associate in the Commercial Litigation Department, discuss the U.S. Court of Appeals for the Second Circuit’s ruling in Securities and Exchange Commission v. Citigroup Global Markets, No. 11-5227-CV L (2d Cir. Jun. 4, 2014), reversing a decision rejecting a consent judgment filed by the parties and remanding the case to the district court. In its opinion, the Second Circuit provided significant guidance to federal courts and litigants, and reaffirmed the broad discretion afforded to federal agencies in settling regulatory claims.

Cozen O’Connor Named a Pennsylvania Powerhouse by Law360

News

​In a state where there is no shortage of good options, Law360’s “Pennsylvania Powerhouse” firms have stood out for their sizeable presence in the Keystone state and significant regional accomplishments in the last two years. Cozen O’Connor has proven itself as a full-service Pennsylvania Powerhouse firm, undergoing a rapid expansion in the last two decades that has helped it win recognition.

Michael Klein Introduces Victoria Binetti at the Energy, Environmental and Public Utility Symposium

News

Michael Klein, of the Energy, Environmental & Public Utility Group, was recently involved with the Practice Group's symposium: "Preventing Hazardous Material Catastrophes in a Changing World." Michael introduced Victoria Binetti, Chief, U.S. Environmental Protection Agency, Drinking Water, Region 3.

Preventing Hazardous Material Catastrophes In A Changing World [Webcast]

Publication - Business, Environmental Regulatory & Due Diligence, Utility & Energy

Cozen O'Connor's Energy Environmental & Public Utility Group convenes a symposium of national experts in Philadelphia to discuss emerging issues surrounding catastrophic releases of hazardous materials.

Guilty D&O May Lose Defense Costs, Indemnification Too [Law360]

Publication - Insurance Coverage - Insurance

Gregory Hudson, of the Global Insurance department writes an article titled" Guilty D&O May Lose Defense Costos, Indemnification Too," in Law360. In Protection Strategies Inc. v. Starr Indemnity & Liability Co., the U.S. District Court for the Eastern District of Virginia allowed an insurer to recoup over $670,000 in costs paid for its insured first to respond to government subpoenas and then for the insured and its key employees to defend themselves against claims for governmental fraud and conspiracy.

Taking Charge [Best's Review]

Publication - Insurance Coverage, Professional Liability Insurance Coverage - Insurance

Andrew Tobin and Paul Dowsey of the Global Insurance Department, write about effective claims controls in facultative reinsurance in an article titled "Taking Charge" in Best's Review. Facultative business can give rise to conflicts between reinsurers and cedents in the handling of claims, particularly if the cedent is concerned with reputational risk and has no meaningful exposure.

DOT Releases Passenger Protection Rulemaking #3; FAA Considers Commercial Drone Operations; Other Regulatory Issues [Aviation Regulatory Update]

Publication - Aviation, Aviation Litigation, Transportation & Trade, Unmanned Aircraft Systems (UAS) / Drones - Aviation

It has been a busy month at the Department of Transportation, with the DOT finally releasing its long-anticipated proposed rule on Transparency of Airline Ancillary Fees and Other Consumer Protection Issues, better known as Passenger Protection Rulemaking #3 or PP3. DOT also issued a Show Cause Order tentatively approving IATA’s Resolution 787 to establish a “new distribution capability” for air travel distribution. On Capitol Hill, the House passed the 2015 Transportation Appropriations bill, including an amendment that could have the effect of preventing DOT from approving the controversial application filed by Norwegian Airlines International for authority to begin operating to the United States.