Pennsylvania

  • November 15, 2024

    Pa. Top Court Snapshot: Silent Partners, Skill Games In Nov.

    The Pennsylvania Supreme Court's November argument schedule will task the justices with determining whether a property owner's absentee partner is an "indispensable party," whether CBD oil is reimbursable under workers' comp, and whether operating legally gray "skill games" should disqualify someone from getting a gaming license.

  • November 15, 2024

    Sikorsky Stalling On Discovery In Fatal Crash Suit, Victims Say

    Sikorsky Aircraft Corp. is wrongfully withholding discovery until a Pennsylvania federal court hears a promised request to transfer a fatal Canadian military helicopter crash lawsuit to Connecticut, according to a Friday letter by attorneys for the estates of the six crash victims.

  • November 15, 2024

    Philadelphia Eagles Seek To Revive COVID-19 Coverage Suit

    The Philadelphia Eagles pressed a Pennsylvania federal court to rethink its decision tossing the football team's suit against its insurer over coverage for pandemic-related losses, calling its case different from all other COVID-19 loss cases and demanding further proceedings.

  • November 15, 2024

    Pennsylvania AG Can't Stop Glass Plant From Moving To Ohio

    A Pennsylvania federal judge denied the Keystone State attorney general's bid to stop a private equity firm from shutting down a Pyrex plant it purchased and moving its operations to Ohio, ruling that "there is simply insufficient evidence presented" to show that the move will be anticompetitive.

  • November 15, 2024

    Penn State Asks To Keep Defendant In Vintage Brand TM Trial

    In the middle of a closely watched trademark infringement trial, the Pennsylvania State University asked a federal judge Friday to reconsider his decision to dismiss one of the defendants, arguing that Sportswear Inc.'s role as the exclusive manufacturer and distributor of Vintage Brand merchandise means Sportswear can be liable for infringement.

  • November 15, 2024

    Oil Terminal Co. Offers $2M To End Falsified-Inspection Claims

    A Gulf Oil successor has offered to pay the state of Connecticut $2 million to settle accusations the company failed to secure new construction permits and spent years fabricating and falsifying inspection reports for existing bulk gasoline terminal tanks along New Haven Harbor in Long Island Sound, court filings show.

  • November 15, 2024

    Monsanto Cleared In Philly's 7th Roundup Trial

    A Philadelphia jury on Friday cleared Bayer AG unit Monsanto of liability in a woman's lawsuit alleging she developed cancer by using the weedkiller Roundup, delivering the agrochemical giant its third victory in the city's mass tort.

  • November 15, 2024

    US Courts' Design Standards Increase Size, Costs, GAO Says

    A report by the U.S. Government Accountability Office, publicly released Friday, has found that the judiciary's updated 2021 U.S. courts design guide would likely increase both the size and costs of federal courts.

  • November 15, 2024

    Wilson Sonsini Atty To Produce Docs In Under Armour Row

    Emails sent by a Wilson Sonsini Goodrich & Rosati attorney to employees of a Pittsburgh-area minor league baseball team he co-owns are not covered by attorney-client privilege and should be provided to Under Armour as part of discovery in an antitrust suit filed against the sports apparel giant, a Pennsylvania federal judge ruled this week.

  • November 15, 2024

    Sterilization Co. Cosmed Hits Ch. 11 Amid Cancer Claims

    Sterilization company Cosmed Group Inc. filed for Chapter 11 protection in a Texas bankruptcy court Thursday with over $100 million in liabilities, much of it related to cancer claims over the gas that it uses for sterilization.

  • November 14, 2024

    Student Loan Servicer Wants CFPB Deal Paused Amid Appeal

    The Pennsylvania Higher Education Assistance Agency has asked a Pennsylvania federal judge to pause its obligation to pay more than $3.2 million as a part of a settlement with the Consumer Financial Protection Bureau that is being challenged in the Third Circuit by a third party.

  • November 14, 2024

    Kraft Mac & Cheese Artificial Ingredients Claims Survive

    An Illinois federal judge said Wednesday that Kraft Heinz Co. can't escape a proposed class action alleging that its Kraft macaroni and cheese products, which are labeled as containing no artificial preservatives, actually do contain those artificial ingredients.

  • November 14, 2024

    Hemp Companies Take NJ Challenge To 3rd Circ.

    A group of companies that manufacture and sell hemp products is urging the Third Circuit to take a second look at an order that blocked part of a New Jersey law that regulates the sale of intoxicating hemp products, despite seemingly scoring a favorable outcome at the trial level.

  • November 14, 2024

    47 AGs Support FCC's Robocall Database Reforms

    A bipartisan coalition of 47 attorneys general encouraged the Federal Communications Commission to implement new rules aimed at improving the effectiveness of the Robocall Mitigation Database, or RMD, writing in a comment letter that the database is "currently one of the most important sources of information available for anti-robocall enforcement actions."

  • November 14, 2024

    Termination Agreement Sinks Pastry Shop Injury Suit

    A Pennsylvania appeals court won't revive an injury claim from a man who says he fell while delivering baked goods to Martin's Famous Pastry Shoppe Inc., saying an agreement to terminate their working relationship released any claims related to that relationship.

  • November 14, 2024

    RNC, McCormick Say Pa. Counties Counting Ineligible Votes

    Republican Senate candidate Dave McCormick and the Republican National Committee have filed separate lawsuits in Pennsylvania, claiming that multiple counties are improperly counting mail-in votes that state courts have previously held should have been disqualified.

  • November 14, 2024

    Pierson Ferdinand Atty Accused Of Helping Defraud Client

    The co-owner of an esports gaming platform has accused a Pierson Ferdinand attorney in Philadelphia, his firm and several other BigLaw shops where he has worked in recent years of assisting his former partner in a scheme to funnel millions of dollars out of the company they formed into new entities controlled by the ex-partner.

  • November 14, 2024

    Ex-Kline & Specter Atty Says Firm Tried To Stop Departure

    Philadelphia-based personal injury firm Kline & Specter PC and its namesake partners have been hit with another lawsuit filed by a former associate alleging mistreatment at the firm.

  • November 13, 2024

    Damages Limited In AGs' Generic Drug Price-Fixing Case

    A Connecticut federal judge has nixed some claims against Sandoz Inc. and other generic-drug makers in a massive antitrust and unfair trade practices case filed by state attorneys general, finding that a handful of the enforcers cannot seek damages on behalf of their allegedly injured citizens.

  • November 13, 2024

    Republic Bank's 'Dysfunction' Enabled Its Failure, FDIC Says

    The former Republic First Bank failed because of its inability to hold certain debt securities, its insufficient liquidity and an ineffective board and management team, according to a post-mortem review issued Wednesday by the Federal Deposit Insurance Corp.'s watchdog.

  • November 13, 2024

    Ozempic MDL Plaintiffs Say Eli Lilly, Novo Nordisk Hid Risks

    Patients accusing Novo Nordisk and Eli Lilly & Co. of failing to warn them about the risks associated with Ozempic and other such medications on Wednesday filed a massive master complaint in the sprawling multidistrict litigation centralized in the Eastern District of Pennsylvania.

  • November 13, 2024

    Claims Court Denies 'Creative' Bid For Losing Protester's Fees

    A government contractor fronted by former Pittsburgh Steeler Rocky Bleier was "creative" in its request for attorney fees following its failed bid protest over a $14.7 million VA contract, but the U.S. Court of Federal Claims rejected the request in an order unsealed this week. 

  • November 13, 2024

    Republicans Ask Pa. Justices To Cement Ballot Date Rule

    Although a Pennsylvania court decision tossing a rule for mail-in ballots was supposed to only apply to a September special election in Philadelphia, Republican groups have asked the Supreme Court of Pennsylvania to review it and more broadly uphold the rule requiring a handwritten date on the ballots' outer envelopes.

  • November 13, 2024

    Highway Workers Reach Deal In Misclassification Row

    Three construction firms have agreed to settle a False Claims Act suit after the U.S. Department of Labor agreed with an electrical workers union and a whistleblower that a subcontractor misclassified employees who worked on 25 federally funded highway projects in Pennsylvania.

  • November 13, 2024

    DOJ Says Disarming Pot Patients Has Historic Precedent

    The U.S. Department of Justice is again urging a Pennsylvania federal court to throw out a suit challenging a Bureau of Alcohol, Tobacco, Firearms and Explosives policy prohibiting medical cannabis users from buying or owning firearms, saying the policy is analogous to laws disarming people who are intoxicated or deemed dangerous for use of illegal drugs.

Expert Analysis

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

  • Series

    Home Canning Makes Me A Better Lawyer

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    Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.

  • Compliance Pointers For Amended Pa. Data Breach Law

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    Recent updates to the Pennsylvania Breach of Personal Information Notification Act include a requirement that organizations alert the state's attorney general of certain consumer data breach notifications, and several incident response and cybersecurity considerations will be necessary to ensure compliance, say Matthew Meade and Laura Decker at Eckert Seamans.

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.

  • Perspectives

    The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.

  • Opinion

    To Shrink Jury Awards, Address Preventable Medical Errors

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    While some health industry leaders complain about large malpractice awards — like the recent $45 million verdict in Hernandez v. Temple University Hospital — these payouts are only a symptom of the underlying problem: an epidemic of preventable medical errors, says Eric Weitz at The Weitz Firm.

  • With Esmark Case, SEC Returns Focus To Tender Offer Rules

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    The U.S. Securities and Exchange Commission's recent enforcement action against Esmark in connection with its failed bid to acquire U.S. Steel indicates the SEC's renewed attention under Rule 14e‑8 of the Exchange Act on offerors' financial resources as a measure of the veracity of their tender offer communications, say attorneys at MoFo.

  • State Of The States' AI Legal Ethics Landscape

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    Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.

  • 8 Childhood Lessons That Can Help You Be A Better Attorney

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    A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.

  • Navigating Complex Regulatory Terrain Amid State AG Races

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    This year's 10 attorney general elections could usher in a wave of new enforcement priorities and regulatory uncertainty, but companies can stay ahead of the shifts by building strong relationships with AG offices, participating in industry coalitions and more, say Ketan Bhirud and Dustin McDaniel at Cozen O’Connor.

  • 3rd Circ. Hertz Ruling Highlights Flawed Bankruptcy Theory

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    The Third Circuit, in its recent Hertz bankruptcy decision, became the latest appeals court to hold that noteholders were entitled to interest before shareholders under the absolute priority rule, but risked going astray by invoking the flawed theory of code impairment, say Matthew McGill and David Casazza at Gibson Dunn.

  • Opinion

    This Election, We Need To Talk About Court Process

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    In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.

  • Series

    Playing Diplomacy Makes Us Better Lawyers

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    Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.

  • Mental Health First Aid: A Brief Primer For Attorneys

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    Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.

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