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Pennsylvania
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July 19, 2024
Real Estate Recap: CMBS, Phoenix Evictions, Summer Break?
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including trends in multifamily commercial mortgage-backed securities, a study of corporate landlord evictions in Phoenix, and the creative lengths real estate lawyers go to when closing the deal on a summer vacation.
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July 19, 2024
Pa. Justices Let Enviro Groups Join Cap-And-Trade Fray
The Supreme Court of Pennsylvania was of at least four different minds Thursday when it ruled that several environmental groups could finally intervene in litigation that has blocked the state from joining a regional carbon cap-and-trade program.
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July 19, 2024
Pa. Court Asked To Weigh Rahimi Against Pot Patient Gun Ban
The U.S. Attorney General's Office said that a Pennsylvania federal court considering the constitutionality of a federal ban on gun possession by medical cannabis patients should consider the U.S. Supreme Court's recent U.S. v. Rahimi ruling that upheld a gun ban for domestic abusers.
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July 19, 2024
Amazon Gets Tainted Eye Drop Suit Pared Down
A Pennsylvania federal judge has trimmed claims from a woman's lawsuit against Amazon and multiple drug companies alleging she had to have her left eye surgically removed after using EzriCare eye drops linked to an outbreak of an infectious bacteria.
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July 19, 2024
Elite Schools' $284M Aid-Fixing Deals Get Final OK
An Illinois federal judge on Friday granted his final signoff to $284 million worth of settlements inked by 10 schools accused in a sprawling antitrust case of working together to limit the financial aid they provided, deeming it a fair and reasonable outcome for the class of students.
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July 19, 2024
Pa. Judge Orders Accused RE Fraudster To Pretrial Detention
A Pennsylvania federal judge has ordered an accused real estate fraudster to pretrial detention, finding that his previously undisclosed ties to Panama and the fact that he is charged with using fake identities in furtherance of an alleged scheme make him a flight risk.
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July 19, 2024
Temple U.'s Ken Jacobsen On NCAA-House Deal, What's Next
Even with a deal of such size and consequence — approximately $2.8 billion, more than 184,000 athletes in the class, all the Power Five conferences named and with decades of court rulings leading up to it — the settlement over name, image and likeness compensation in the Grant House-led class action against the NCAA is best seen as a beginning, rather than an end.
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July 19, 2024
12 Firms Guiding IPO Quartet Projected To Exceed $5B
Twelve law firms are on tap to guide four initial public offerings scheduled for the week of July 22 that could exceed $5 billion combined, led by potentially the year's largest IPO from cold-storage warehouse giant Lineage Inc.
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July 19, 2024
Several State Courts Impacted By Global Tech Outage
Several state courts have been impacted by a global Microsoft Windows outage Friday morning causing operational challenges and courthouse closures.
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July 18, 2024
Live Nation Previews Part Of Case Against DOJ Suit
Live Nation and Ticketmaster have teed up part of their fight against an antitrust lawsuit brought by the U.S. Department of Justice and multiple state attorneys general, arguing that the state law claims are "threadbare" and that a chunk of the DOJ case amounts to trying to force them to deal with competitors.
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July 18, 2024
Ocugen Execs Hit With Derivative Suit Over Shoddy Controls
The top brass at biopharmaceutical company Ocugen Inc. were hit with a derivative suit alleging the company's lack of effective internal financial controls caused it to be misvalued and allowed shareholders to approve proposals based on incomplete information.
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July 18, 2024
Moody's Says White Ex-Director's Depo 'Fatal' To Bias Suit
Financial analytics company Moody's on Wednesday told a Pennsylvania federal judge that it was clear a former employee who sued it for discrimination wasn't fired for being white and old, pointing to his "fatal" admission that he'd still be employed had he responded to a company vaccination survey.
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July 18, 2024
Urban Outfitters Freed From Class Claims Over 'Spy Pixels'
A Pennsylvania federal judge said an Arizona woman lacked standing to bring a class action against clothing retailer Urban Outfitters over its alleged use of "spy pixels" to track customer activity because she failed to show a violation of that state's recording laws.
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July 18, 2024
Cozen O'Connor Targets Penny Stock Co. CEO For Legal Fees
Cozen O'Connor is asking a Connecticut state court judge to affirm two Pennsylvania judgments against a penny stock company CEO who lost a federal enforcement action, alleging Bernard Findley and two of his companies owe nearly $750,000 in legal fees.
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July 18, 2024
Blank Rome Adds Reed Smith Trio In Houston, Pittsburgh
A team of three former Reed Smith attorneys specializing in financial transactions in the energy sector have recently moved their practices to Blank Rome LLP's Houston and Pittsburgh offices.
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July 18, 2024
Pa. Office Blasts Atty's Blown Deadlines, Deflections Of Blame
A disbarred Philadelphia attorney shouldn't be reinstated because his missed deadlines and deflections of blame indicated that he had not moved on from the behavior that lost him his licenses to practice in Pennsylvania and Florida, the Office of Disciplinary Counsel told a state panel Thursday.
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July 18, 2024
Ex-Pa. DA Suspended Over Alleged Prosecutorial Misconduct
The former district attorney of Bedford County, Pennsylvania, had her law license suspended Tuesday after multiple cases she oversaw during her time in office ended up being dismissed due to prosecutorial misconduct.
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July 18, 2024
Property Co. Settles Ex-Manager's Race Bias Suit
A Black former apartment complex manager who accused her ex-employer of putting her in charge of a struggling development because of her race and then firing her for complaining about the situation told a Pennsylvania federal court that her claims had been settled.
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July 17, 2024
PJM Jumps Into 3rd Circ. Row Over Transmission Project
A Pennsylvania commission's request to have the Third Circuit reinstate its rejection of a power transmission project would impinge on PJM Interconnection's federally mandated planning process, the regional grid operator said in an amicus brief filed Wednesday.
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July 17, 2024
FTC Cites 3rd Circ. In Defending Noncompete Ban
The Federal Trade Commission has continued to argue against a preliminary injunction a tree services company wants against its noncompete ban, directing a Pennsylvania federal judge to look at a Third Circuit decision from the day before calling for a high bar on initial court blocks absent immediate and permanent harm.
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July 17, 2024
Pa. Justices OK Zoning Decision To Allow Suburban Hospital
A zoning officer for a Pittsburgh suburb was within state law to issue a "use permit" that would allow the University of Pittsburgh Medical Center to build near a rival network's existing hospital, even if that permit punted on making sure the plan conformed with other zoning rules, the state Supreme Court ruled Wednesday.
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July 17, 2024
Split Pa. Justices Let Billing Co. Sue Workers' Comp Insurers
A pharmacy billing agency can move ahead with its lawsuit against insurers who refused to pay for medications for workers' compensation patients, but only because the Supreme Court of Pennsylvania was evenly divided Wednesday over whether the insurers had waffled on arguing that the courts lacked jurisdiction.
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July 17, 2024
SeaWorld Says Dad Ousted From Bias Case Contradicts Attys
Counsel for parents and children alleging that costumed performers at SeaWorld-owned theme park Sesame Place snubbed them booted a dad from the case as a way to buy time for more preparation, contradicting his lawyers' claims that he was forced from the case for making a deliberately incorrect deposition statement, the park's corporate owner alleged in a new court filing.
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July 17, 2024
Families Push To Revive Suits Over Harvard Body Part Thefts
Plaintiffs in a dozen lawsuits seeking to hold Harvard University liable after a former medical school morgue manager was charged with stealing and selling body parts have told a Massachusetts Appeals Court that a lower court judge got it wrong when he found that the school has legal immunity.
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July 17, 2024
Monsanto Philly Roundup Victory Preserved After Trial
A Philadelphia state judge declined to overturn a jury verdict in favor of Monsanto in a Pennsylvania cancer patient's lawsuit alleging he developed his illness after using the weed killer Roundup.
Expert Analysis
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Opinion
The SEC Is Engaging In Regulation By Destruction
The U.S. Securities and Exchange Commission's recent use of regulation by enforcement against digital assets indicates it's more interested in causing harm to crypto companies than providing guidance to the markets or protecting investors, says J.W. Verret at George Mason University.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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And Now A Word From The Panel: Benefits Of MDL Transfers
A recent order from the Judicial Panel on Multidistrict Litigation highlights a critical part of the panel's work — moving cases into an existing MDL — and serves as a reminder that common arguments against such transfers don't outweigh the benefits of coordinating discovery and utilizing lead counsel, says Alan Rothman at Sidley Austin.
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Series
Spray Painting Makes Me A Better Lawyer
My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.
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Opinion
Judicial Independence Is Imperative This Election Year
As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.
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Series
Riding My Peloton Bike Makes Me A Better Lawyer
Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.
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Spartan Arbitration Tactics Against Well-Funded Opponents
Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.
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Md. May See Vigorous Resale Price Maintenance Enforcement
In Maryland, indications of a new focus on resale price maintenance agreements are significant because state prosecution in this area has been rare, particularly outside California, say attorneys at DLA Piper.
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.
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2026 World Cup: Companies Face Labor Challenges And More
Companies sponsoring or otherwise involved with the 2026 FIFA World Cup — hosted jointly by the U.S., Canada and Mexico — should be proactive in preparing to navigate many legal considerations in immigration, labor management and multijurisdictional workforces surrounding the event, say attorneys at Morgan Lewis.
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Opinion
Insurance Industry Asbestos Reserve Estimates Are Unreliable
Insurance regulators rely on industry self-reporting in approving insurance company reorganizations, but AM Best data reveals that actuarial and audit estimates have been setting perniciously low levels of loss reserves for asbestos liabilities and thus should be treated with deep skepticism, says Jonathan Terrell at KCIC.
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Employers Should Take Surgeon's Sex Bias Suit As A Warning
A Philadelphia federal jury's recent verdict in a sex bias suit over Thomas Jefferson University's inaction on a male plaintiff's sexual harassment complaint is a reminder to employers of all stripes about the importance of consistently applied protocols for handling complaints, say attorneys at Williams & Connolly.
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Litigation Inspiration: A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.