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Pennsylvania
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June 14, 2024
Publishing Exec's Family Says Ohio Law Allowed His Ouster
The board of an Ohio-based media company have said state law empowered them to oust former CEO Allan Block from his family's namesake company and urged an Ohio state court to dismiss the suit he brought over the potential sale of the company that publishes newspapers in Toledo and Pittsburgh.
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June 14, 2024
3rd Circ. Merges 3 Challenges To Medicare Drug Price Talks
The Third Circuit will hear three separate appeals challenging Medicare's drug price negotiations together, according to a new order consolidating cases brought by AstraZeneca, Bristol-Myers Squibb and Janssen Pharmaceuticals in New Jersey and Delaware federal courts.
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June 14, 2024
3rd Circ. Won't Halt 'Made In America' False Ad Ruling
The Third Circuit will not pause an injunction against Albion Engineering Co. for falsely marketing its caulking guns as made in the United States, according to a Friday order declining to hold off the New Jersey federal court's order while the firm appeals.
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June 14, 2024
DC Circ. Backs FERC Climate Reviews In Pipeline Project Row
The D.C. Circuit on Friday appeared to endorse the Federal Energy Regulatory Commission's current method of evaluating the climate change impacts of gas infrastructure projects in approval in rejecting an environmental group's challenge of the agency's pipeline upgrade project serving the New York City area.
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June 14, 2024
Pa. Court Allows 'Special Prosecutor' For Philly Transit
Philadelphia District Attorney Larry Krasner cannot stop the Pennsylvania Legislature and the state attorney general from appointing a "special prosecutor" to handle crimes within the Southeastern Pennsylvania Transportation Authority, according to a split state appellate court Friday.
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June 14, 2024
Florida Attorney, Philly Firm Settle Pay Dispute
A Florida-based attorney who ran a side business as a litigation fee expert while also working for a Philadelphia-based personal injury law firm has settled her allegations that the firm stiffed her on a referral fee.
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June 14, 2024
Pfizer Worker's Ex-Wife Can't Raid 401(k) To Collect Damages
The ex-wife of a former Pfizer employee can't use her ex-husband's 401(k) account to collect damages awarded in a defamation suit against him, a Pennsylvania federal judge ruled, saying federal benefits law prevents her from seizing his retirement contributions.
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June 13, 2024
Pa. Nursing Home Creditors OK With $43.7M DIP Loan
Creditors of a Pittsburgh-area nursing home network indicated Thursday they were open to $43.7 million in debtor-in-possession financing as the group prepares to potentially sell off a portion of its footprint in a Chapter 11 sale.
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June 13, 2024
IP Forecast: Cooley Atty Faces DQ Bid Over Past Patent Work
A prominent Cooley LLP lawyer will face questions next week in a Philadelphia courtroom over her work a decade ago at her former firm defending a cloud software startup that is now suing a Cooley client. Here's a spotlight on that case — plus all the other major intellectual property matters on deck in the coming week.
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June 13, 2024
Wawa Beats Suit By Man Who Lost Leg In Crash Outside Store
A New Jersey appellate court handed a victory to Wawa on Thursday, ruling that the convenience store didn't own the area outside the store where a customer lost his leg in a car accident while jaywalking and thus was not liable.
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June 13, 2024
1st Circ. Urged To Back TM Loss For Family Of Late MLB Star
A Puerto Rico agency planning a sports district in honor of late Major League Baseball Hall of Famer Roberto Clemente has pressed the First Circuit to uphold the agency's dismissal from a trademark lawsuit filed by the baseball legend's family alleging unauthorized use of his name and likeness.
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June 13, 2024
Norfolk Southern Slams Bid To Seal Reports In Derailment Suit
Norfolk Southern ripped into a chemical company's bid to seal two expert reports from a former first responder that the railroad sought to file in the multidistrict litigation over last year's derailment and chemical spill in Ohio, saying the chemical firm's arguments are weak and misstate the issues.
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June 13, 2024
CVS Dodges Discovery Audit In Generic Drug Collusion Suit
A federal judge declined to make CVS hire a forensic auditor to evaluate its compliance with information demands in a lawsuit alleging it colluded with drugmakers to keep Medicare beneficiaries from accessing certain generic drugs, despite a whistleblower bemoaning "woefully deficient" discovery on the pharmacy chain's part.
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June 13, 2024
Pennsylvania Gov. Sued For More Public Defense Funding
Defendants facing charges in Pennsylvania sued Gov. Josh Shapiro and the state Legislature Thursday over their alleged failure to ensure that people who can't afford an attorney in their criminal cases receive effective and free representation.
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June 13, 2024
2 Firms Seek Lead Roles In Suit Over Shuttered Philly College
Attorneys from Philadelphia-area law firms Edelson Lechtzin LLP and Willig Williams & Davidson have asked for appointment as interim co-lead counsel for a potential class of former University of the Arts employees who say the school's sudden closure violated federal statutes.
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June 12, 2024
Teams Can't Prop Up Fox Philly TV License, Group Says
The group of advocates calling for Fox's Philadelphia affiliate to lose its broadcast license over its parent company's 2020 election coverage is pushing back against claims from three of the city's sports teams, saying the station's sports content is beside the point.
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June 12, 2024
Judge Won't Trim $18M Shareholder Settlement Coverage Suit
A Pennsylvania federal judge declined to toss certain bad faith allegations against an insurer accused of wrongfully denying coverage for an $18 million settlement between an asset management company and a group of shareholders, adopting a magistrate judge's recommendation that the company sufficiently alleged its claim of bad faith.
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June 12, 2024
Worker Hits Lumber Co. With 401(k) Fee, Investment Suit
A lumber company violated federal benefits law by choosing expensive, poor-performing funds for its employee retirement plan and saddling participants with lofty fees, according to a new lawsuit filed in Pennsylvania federal court.
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June 12, 2024
2 Men Get Prison For Plot To Sell Iranian Oil To China
Two men convicted for their role in a scheme to sell Iranian oil to a Chinese company have been sentenced to nearly four years in prison each, according to the U.S. Attorney's Office for the Eastern District of Pennsylvania.
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June 12, 2024
32 AGs Urge Justices Take Up Okla. PBM Law Fight
Thirty-two attorneys general urged the U.S. Supreme Court to take up Oklahoma's petition for review of a Tenth Circuit decision holding that federal law preempted portions of a state law regulating pharmacy benefit managers, arguing the justices needed to intervene to resolve a circuit split.
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June 12, 2024
Associate Sues Kaufman Dolowich Alleging Disability Bias
A former associate with national law firm Kaufman Dolowich & Voluck LLP claims in a federal lawsuit that attorneys at the firm's Philadelphia office discriminated against him after he asked for accommodations for his hearing impairment.
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June 12, 2024
Shareholders To Settle Discovery-AT&T Merger Suit In Del.
Former shareholders of Discovery Inc. who sued in Delaware's Court of Chancery over the media entertainment company's $43 billion merger with AT&T in 2022 have agreed to settle their class action and intend to finalize settlement documentation by July 5, the parties told the court late on Tuesday.
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June 12, 2024
Biden Names Prosecutors, Judge For 3 District Courts
President Joe Biden announced nominees Wednesday for district courts in Minnesota, California and Pennsylvania.
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June 11, 2024
Pa. Health System Shakes Meta Data Sharing Row For Now
A Pennsylvania federal judge has tossed a putative class action accusing a nonprofit health system of unlawfully sharing information about website visitors' activities with Meta Platforms Inc., finding that the plaintiff had failed to adequately detail what protected health data had been disclosed.
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June 11, 2024
Army's Claims In Burial Dispute 'Unconscionable,' Tribe Says
A Nebraska tribe seeking to repatriate the remains of two boys from an Indian boarding school cemetery in Pennsylvania has said the U.S. Army's claims that it is exempt from a federal law designed to protect Native American burial sites are "unconscionable."
Expert Analysis
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Pa. Court's Venue Ruling Is Likely To Worsen Forum Shopping
The Pennsylvania Supreme Court’s recent Hangey v. Husqvarna decision claims to narrowly clarify the standard for evaluating whether a venue is proper, but has broader implications that are likely to exacerbate the forum-shopping problem that already plagues corporate defendants in Pennsylvania, says Stefanie Pitcavage Mekilo and Joseph Schaeffer at Babst Calland.
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Pa. City Ch. 9 Ruling Raises Municipal Financing Concerns
A Pennsylvania district court’s recent ruling in a Chapter 9 case filed by the city of Chester, Pennsylvania, strengthens the foundations of the municipal bond market, but also demonstrates that bankruptcy courts continue to struggle with some of the features of municipal revenue bonds and issue rulings that contradict market expectations, say attorneys at Cadwalader.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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And Now A Word From The Panel: Tracking MDL Geography
In recent years, the Judicial Panel on Multidistrict Litigation has predominantly selected states east of the Mississippi River as venues for new MDLs — but with half of the proceedings it has created in recent months venued in Arizona and California, the panel is not neglecting the western part of the country, says Alan Rothman at Sidley.
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Pa. Ruling Shows Why Term Sheet Can Be Worth The Wait
A Pennsylvania bankruptcy court’s recent In re: Legarde ruling, holding that a settlement term sheet was enforceable, reminds litigants that it’s crucial to draft a written agreement before leaving mediation in order to resolve potential evidentiary issues and protect against buyer’s remorse, says Brian Shaw at Cozen O'Connor.
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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.