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Pennsylvania
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May 14, 2024
Aerospace Co. Hit With $450M Engine Parts Antitrust Suit
RTX Corp. subsidiary Pratt & Whitney got hit with a $450 million antitrust lawsuit by a parts supplier who says the company and its Canadian arm are using illegal agreements to monopolize the aftermarket supply of their PT6 and PW100 turboprop engine components.
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May 14, 2024
Judge Trims More From Prison Phone Co.'s Antitrust Suit
Prison telephone service provider Global Tel Link and a Pennsylvania county now have one fewer claim to face in a lawsuit accusing them of sinking a rival company's chance at winning a contract with the county, after a federal court trimmed away yet another claim.
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May 14, 2024
White House Continues To Back Adeel Mangi For 3rd Circ.
The White House is standing by Adeel Mangi's nomination for the Third Circuit despite the path to confirmation being unclear and the vast opposition he's been facing.
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May 14, 2024
Pa. Justices Vexed By DA Funding In Kleinbard Bill Dispute
The Pennsylvania Supreme Court seemed to want more information Tuesday about the source of the former Lancaster County district attorney's "program funds" before wading into whether the DA had the discretion to spend those funds on Kleinbard LLC's legal fees rather than asking his county commissioners for approval.
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May 14, 2024
What's Behind 'Nuclear' Verdicts? Skeptical Juries, Attys Say
Jurors becoming more skeptical of corporations are handing down sky-high verdicts, and trial attorneys say it's forcing a shift in the strategies they employ as they aim to score — or prevent — so-called nuclear verdicts.
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May 13, 2024
Student Loan Servicer Faces Suit Over Tax Form Data Breach
An education-focused subsidiary of payment processor Global Payments Inc. faces a proposed class action accusing it of negligence after it disclosed that part of its website allowed bad actors unfettered access to certain student tax documents for months at a time.
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May 13, 2024
SEC Tells 3rd Circ. Coinbase Can't Force Crypto Rulemaking
The U.S. Securities and Exchange Commission has told the Third Circuit that it already "reasonably explained" why it denied Coinbase's petition for crypto rulemaking and that it shouldn't have to retool its policy priorities just because crypto firms find it challenging to comply with existing laws.
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May 13, 2024
NJ Fraudster Gets More Prison Time, Owes $6M For Tax Evasion
A New Jersey man who was convicted of dodging taxes on more than $16 million he stole from securities fraud victims was handed a six-year prison sentence — most of which will be served simultaneously with his fraud sentence — and ordered to pay over $6 million in restitution during a Garden State federal court hearing Monday in which he denied the crimes.
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May 13, 2024
Zuckerberg Challenges Basis Of Personal Claims In Meta MDL
Facebook founder Mark Zuckerberg is asking a California federal court to throw out claims against him in multidistrict litigation over social media platforms' allegedly addictive design, saying the personal injury plaintiffs haven't shown he took affirmative actions that would make him personally liable.
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May 13, 2024
Medical Pot Patient Drops Discrimination Suit Against US Steel
A former U.S. Steel Corp. employee who says he was wrongly fired for using medically licensed marijuana off the job has quietly dropped his race and disability discrimination suit against the company, according to a filing in Pennsylvania federal court.
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May 13, 2024
Celebrated Irish Jockey Sues USCIS For Denying EB-1 Visa
An accomplished jockey and steeplechase champion from Ireland is suing U.S. Citizenship and Immigration Services in Pennsylvania federal court, alleging that the agency wrongly denied his 390-plus page application for an EB-1 visa because he didn't respond to a request for additional evidence despite the original petition having ample evidence to support the classification.
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May 13, 2024
Philips Wants Cleaner Co. To Chip In For $1B CPAP Deal
Koninklijke Philips NV has filed a third-party complaint in Pennsylvania federal court against SoClean Inc., which sells cleaning products for breathing devices, claiming SoClean and its parent should contribute to Philips' $1 billion settlement because its cleaners allegedly exacerbated the foam breakdown at the heart of the litigation.
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May 13, 2024
Pa. Supreme Court Snapshot: Kleinbard Bill Battle Starts May
The Supreme Court of Pennsylvania will weigh the spending powers of district attorneys in a Kleinbard LLC bill battle and whether an appeals court overstepped by greenlighting a hospital closure when the May argument lineup begins Tuesday.
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May 13, 2024
Suspended Pa. Atty Gives Up License After Fraud Conviction
A Pennsylvania lawyer has given up his law license after being sentenced to serve more than two years in prison and pay more than $260,000 in restitution for tax evasion, wire fraud and mail fraud.
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May 13, 2024
Catching Up With Delaware's Chancery Court
Sunken treasure, recycled plastics, questionable denim and dog food all made appearances in Chancery Court dockets last week, along with developments in cases involving Qualcomm, Tesla Inc., and Truth Social. In case you missed it, here's the latest from Delaware's Chancery Court.
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May 13, 2024
Ex-Pa. City Housing Head Gets 3 Years In Prison For Fraud
The former head of an economically distressed Pennsylvania city's public housing authority was sentenced Monday to over three years in prison for bilking the agency out of $545,000 through a yearslong scheme of submitting inflated contracting bills for housing repairs to line his own pockets.
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May 13, 2024
Justices Won't Review Atty's Discipline For Accusing Judges
The U.S. Supreme Court won't weigh in on whether the U.S. District Court for the Eastern District of Pennsylvania improperly suspended an attorney based on alleged violations of disciplinary rules that had been seven years old at the time, the court announced Monday.
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May 10, 2024
Pa. Man To Cop To Dick's Sporting Goods Insider Trading
A Pennsylvania man intends to plead guilty to insider trading on Dick's Sporting Goods securities in which he made nearly $825,000 based on tips unwittingly passed to him from an acquaintance who worked for the retail chain, according to federal court filings.
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May 10, 2024
Pa. Commission Had Right To Deny Grid Project, 3rd Circ. Told
The Pennsylvania Public Utility Commission called on the Third Circuit on Friday to reinstate its rejection of a transmission power project approved by regional grid operator PJM Interconnection, arguing a federal district court wrongly deemed the decision unconstitutional.
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May 10, 2024
UPMC Inks $38M Deal To End Neurosurgery FCA Suit
The University of Pittsburgh Medical Center has agreed to pay $38 million to put an end to a False Claims Act suit brought by three medical workers from its neurological surgery department who said the medical center fraudulently billed federal healthcare programs.
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May 10, 2024
Pepperidge Farm Drivers Not Employees, 3rd Circ. Affirms
Three delivery drivers for Pepperidge Farm are independent contractors, not employees, and thus cannot sue the company for state wage and hour law violations, a Third Circuit panel ruled Friday, saying the drivers' daily responsibilities make it clear they are self-employed.
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May 10, 2024
NJ Attys Settle Malpractice Suit Over Wawa Injury Claim
Attorneys at a New Jersey law firm have settled a malpractice lawsuit from a former client who claimed they caused him to lose his chance to sue convenience store chain Wawa over an on-the-job injury, according to a letter submitted Thursday to state court.
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May 10, 2024
PF Chang's Allowed To Keep 6K-Worker Wage Deal Concealed
P.F. Chang's can file settlement papers with dollar amounts shielded from public view as the restaurant chain looks to resolve a 5-year-old suit accusing it of cheating more than 6,000 tipped servers out of wages, a Pennsylvania federal judge ruled.
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May 10, 2024
Eckert Seamans Can Shield Most Docs In Casino Conflict Row
Gaming-machine maker Pace-O-Matic Inc. cannot access most of the 182 documents competitor Parx Casino hoped to shield amid Pace-O-Matic's breach of contract suit against its former Eckert Seamans Cherin & Mellott LLC counsel, a Pennsylvania federal judge has ruled after conducting a Third Circuit-ordered, in-camera review of the files.
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May 10, 2024
Exxon Hit With $725M Verdict In Benzene Exposure Suit
A Philadelphia jury has awarded $725.5 million to a New York service station mechanic for his claims that Exxon Mobil Corp. failed to warn consumers about the health risks of benzene in its products, and that his exposure to the chemical was responsible for his leukemia diagnosis.
Expert Analysis
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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An Overview Of Circuit Courts' Interlocutory Motion Standards
The Federal Arbitration Act allows litigants to file an immediate appeal from an order declining to enforce an arbitration agreement, but the circuit courts differ on the specific requirements for the underlying order as well as which motion must be filed, as demonstrated in several 2023 decisions, says Kristen Mueller at Mueller Law.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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What Cos. Should Know About FTC's Proposed Junk Fee Rule
The Federal Trade Commission recently announced a notice of proposed rulemaking targeting junk fees and how businesses may advertise prices to consumers — and since it would give the agency powers to seek monetary penalties against businesses that do not comply, companies should look to get ahead now, say Phyllis Marcus and Nicole Johnson at Hunton Andrews.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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Rite Aid's Reasons For Ch. 11 Go Beyond Opioid Suits
Despite opioid-related lawsuits being the perceived reason that pushed Rite Aid into bankruptcy, the company's recent Chapter 11 filing reveals its tenuous position in the pharmaceutical retail market, and only time will tell whether bankruptcy will right-size the company, says Daniel Gielchinsky at DGIM Law.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
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Employers Should Review Training Repayment Tactics
State and federal examination of employee training repayment agreements has intensified, and with the potential for this tool to soon be severely limited, employers should review their options, including pivoting to other retention strategies, says Aaron Vance at Barnes & Thornburg.
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Opinion
Courts Shouldn't Credit Allegations From Short-Seller Reports
Securities class actions against public companies can extend for years and lead to significant settlements, so courts should not allow such cases with allegations wholly reliant on reports by short-sellers, who have an economic interest in seeing a company's stock price decline, to proceed past the motion to dismiss stage, says Richard Zelichov at DLA Piper.
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Handling Religious Objections To Abortion-Related Job Duties
While health care and pharmacy employee religious exemption requests concerning abortion-related procedures or drugs are not new, recent cases demonstrate why employer accommodation considerations should factor in the Title VII standard set forth by the U.S. Supreme Court’s 2023 Groff v. DeJoy ruling, as well as applicable federal, state and local laws, say attorneys at Epstein Becker.
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Attorneys, Law Schools Must Adapt To New Era Of Evidence
Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.