JAMIE G. FILLIPPI Bankruptcy is becoming the last resort for millions of Americans to achieve a “clean slate” and wipe away previous debts in order to start their lives anew. The sheer number of bankruptcy cases filed in 2010 is staggering – almost 1.6 million filings – compared to a […]
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HOW MUCH DOES QUALITY COST? ANALYZING THE PATIENT PROTECTION AND AFFORDABLE CARE ACT’S VALUE-BASED PURCHASING PROVISION AND HOW IT COULD AFFECT THE DELIVERY OF CARE BY HOSPITALS
KAREN KANE The demand for increased access and lower costs for medical care has been the impetus for change in the healthcare industry over the past few years. On March 23, 2010, significant changes in the delivery of healthcare were realized when President Barack Obama signed the Patient Protection and […]
A LOOK AT THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT’S HEAVY HANDED APPLICATION OF QUASI-JUDICIAL IMMUNITY: KEYSTONE REDEVELOPMENT PARTNERS, LLC V. DECKER
JEFFREY KRANKING When deciding Keystone Redevelopment Partners, LLC v. Decker, the United States Court of Appeals for the Third Circuit upheld a line of decisions that misconstrues the functional comparability test used for administering absolute, quasi-judicial immunity. Ultimately, the appellate court and others before it have ignored the reasoning used […]
ANTITRUST AND BANK REGULATION: WAS THE CLAYTON ACT ON HOLD DURING A TIME OF CRISIS?
KEITH A. PISARCIK In the early months of 2008, the United States financial industry went through a wave of consolidation unlike any before. Left and right, some of the largest banks and securities firms were facing imminent collapse. In order to prevent a systemic crash and enable the financial industry […]
THE STANDARD OIL AND GAS LEASE – AND WHY IT IS NOT
RACHEL L. ALLEN, ESQ. AND SCOTLAND M. DUNCAN, ESQ. Over the years, many forms of oil and gas leases have developed. Use of a “standard” form—a generic term descriptive of a general class of instruments rather than any one form2—simplifies negotiations with smaller landowners. Owners of large tracts, including major […]
WATER SOURCING AND WASTEWATER DISPOSAL: TWO OF THE LEAST WORRISOME ASPECTS OF MARCELLUS SHALE DEVELOPMENT IN PENNSYLVANIA
KEVIN J. GARBER, ESQ., STEVEN BAICKER-MCKEE, ESQ. AND JEAN M. MOSITES, ESQ. As this country searches for reliable energy sources in the face of political, technological, and environmental challenges, development of the Marcellus Shale in Pennsylvania has expanded rapidly in recent years. The Pennsylvania Department of Environmental Protection (“PaDEP” or […]