Pennsylvania

  • October 08, 2024

    3rd Circ. Directs Court To Explain If Natera Ads 'Literally False'

    A Third Circuit panel on Tuesday sent allegations of false advertising against medical test maker Natera back to district court, directing the judge to determine whether a jury had sufficient evidence last year to find that eight of the company's advertisements were "literally false."

  • October 08, 2024

    Pa. Developers Defend Efforts To Remediate Landslide Damage

    A Western Pennsylvania property development company asked the Pennsylvania Commonwealth Court on Tuesday to throw out a contempt order in connection with an agreement to provide remediation to a community it built that was devastated by a landslide, arguing it poured its personal and business funds into the project.

  • October 08, 2024

    3rd Circ. Won't Rehear Pa., NJ Businesses' Virus Loss Suits

    The Third Circuit declined to rehear consolidated pandemic-related loss coverage disputes brought by New Jersey and Pennsylvania businesses, according to an order issued Tuesday, upholding its decision that the businesses' insurers didn't owe coverage for the claimed losses.

  • October 08, 2024

    3rd Circ. Preview: Constitutional Rights Fears Top October

    Constitutional challenges dominate an October argument lineup that will task the Third Circuit with mulling drug price fights by AstraZeneca and other pharmaceutical powerhouses and a suit by a Pennsylvania man claiming his past convictions don't foreclose his right to own a gun. 

  • October 08, 2024

    Home Depot Says Tool Rental Suit Makes No Sense

    The Home Depot Inc. called on a Georgia federal judge to throw out a contracting company's claims it systematically overcharged tool rental program customers, arguing the company is trying to "reengineer" the tool-rental agreement in ways that "produce absurd results and otherwise make no sense."

  • October 08, 2024

    Pa. Justices Wary Of Linking Mask Tax To Consumer Harms

    Several justices of the Pennsylvania Supreme Court seemed cautious Tuesday about extending the state's consumer protection law liability to retailers who collect sales tax on tax-exempt items, pointing to the state's refund system as an existing form of relief for overcharged customers.

  • October 08, 2024

    Ex-Judge Can Testify In Suit Against Blank Rome Attys, 2 Cos.

    An attorney suing three Blank Rome LLP lawyers, an aircraft motor manufacturer and its parent company was unable to persuade a Pennsylvania federal court to stop a former judge from testifying for the defense as an expert witness in a retaliation case stemming from her decision to switch from representing companies to doing plaintiffs work.

  • October 08, 2024

    Pa. Judge Misused COVID Funds To Pay Firm Staff, Feds Say

    A York County Common Pleas judge faces more than 30 federal counts, including fraud, witness tampering and obstruction of justice, over allegations of using federal unemployment benefits to pay staff members of his law office while they remained employed at the beginning of the COVID-19 pandemic.

  • October 08, 2024

    Renovus Capital Clinches 4th PE Fund With $875M In Tow

    Philadelphia-area-based private equity firm Renovus Capital Partners, advised by Morgan Lewis & Bockius LLP and Winston & Strawn LLP, on Tuesday revealed that it closed its fourth private equity fund with $875 million in tow.

  • October 08, 2024

    Media Co. And Ousted CEO Settle Suit Over Biz Sale

    The company behind the Pittsburgh Post-Gazette and other media outlets has settled a case brought against it by its ousted chief executive officer, who claimed he had been wrongly kept out of a committee looking into whether to sell the company by his family and other members of the firm's board.

  • October 07, 2024

    FTC's Amazon Monopolization Suit Largely Survives Dismissal

    The bulk of the Federal Trade Commission's landmark monopolization case against Amazon will go forward, a Washington federal judge held in a recently unsealed opinion that trimmed only a few state-law claims from the 20-count antitrust complaint challenging the retail giant's pricing practices.

  • October 07, 2024

    NJ Justices Skeptical Philly Archdiocese Subject To NJ Courts

    New Jersey Supreme Court justices on Monday appeared skeptical that the Archdiocese of Philadelphia is subject to Garden State courts in a lawsuit claiming a former priest sexually abused a teenager at the former priest's Jersey Shore house decades ago, questioning whether it was being asked to extend personal jurisdiction to where it hasn't gone before.

  • October 07, 2024

    Merck Immune For 'Inflated' Vax Claims To FDA, 3rd Circ. Says

    A divided Third Circuit panel inoculated Merck from claims that it tried to prevent competition by making inflated declarations to federal regulators about its mumps vaccine, with the majority ruling Monday that because Merck convinced federal regulators it had extended the vaccine's long-term potency, those assertions can't have been an anticompetitive "sham."

  • October 07, 2024

    Pa. Supreme Court Snapshot: Mask Taxes, Pride Month Post

    The Pennsylvania Supreme Court during its October argument session will weigh whether retailers improperly collecting sales tax on face masks, which were exempted due to the COVID-19 pandemic, amounts to "commerce" that could trigger the state's consumer protection law. ​

  • October 07, 2024

    High Court Doubts States Can Police Federal Rights Claims

    The U.S. Supreme Court seemed poised Monday to strike down an Alabama law requiring litigants to exhaust state administrative remedies before they file claims in state court accusing local officials of violating federal rights, with several justices suggesting the court already answered that question almost 40 years ago.

  • October 07, 2024

    Panera Settles 'Charged Lemonade' Death Case Days Before Trial

    Panera Bread has reached a confidential settlement in a wrongful death suit lodged by the parents of a University of Pennsylvania student who died after drinking the bakery café chain's now-discontinued Charged Lemonade, counsel for the parents told Law360 on Monday.

  • October 07, 2024

    Vendor Says Rue21 Skipped $2M In Bills For Clothing

    A Los Angeles-based clothing supplier has sued Rue21, saying the fashion retailer stiffed it on $300,000 worth of invoices and is on the hook for $1.7 million to another vendor.

  • October 07, 2024

    Defiant Philly Judge Gets Suspended For Political Posts

    A Pennsylvania judge who flouted conduct rules by making political posts was suspended without pay Monday, a matter the state's judicial ethics court called historic because of the jurist's repeated defiance of warnings.

  • October 07, 2024

    Justices Turn Down Pa. Ex-Museum Worker's Retaliation Suit

    The U.S. Supreme Court on Monday declined to consider whether a former employee of the Frick Art and Historical Center in Pittsburgh had proved he was fired in retaliation for requesting accommodation for an injury.

  • October 07, 2024

    Justices Pass On Borrower's Debt Canceling Case

    The U.S. Supreme Court on Monday declined to take up a student loan borrower's appeal seeking to revive claims that a Pennsylvania loan servicer thwarted forgiveness of his federal student loans by refusing to recognize his employment as a public servant.

  • October 07, 2024

    Justices Won't Referee Fight Over FERC Power Rule Deadlock

    The U.S. Supreme Court on Monday declined to review a rule change allowing the country's largest regional grid operator to stop requiring state-backed renewable energy sources to meet a certain price floor in electricity capacity auctions following a Federal Energy Regulatory Commission stalemate on its approval.

  • October 04, 2024

    Top 5 Supreme Court Cases To Watch This Fall

    The U.S. Supreme Court will hear several cases in its October 2024 term that could further refine the new administrative law landscape, establish constitutional rights to gender-affirming care for transgender minors and affect how the federal government regulates water, air and weapons. Here, Law360 looks at five of the most important cases on the Supreme Court's docket so far.

  • October 04, 2024

    Pa. Noncompete Ban Challenger Drops Case After Stay Denied

    A Pennsylvania tree service company Friday relinquished its lawsuit challenging the Federal Trade Commission's recent ban on noncompete agreements after a federal judge in the Keystone State denied the company's bid to pause its case despite another judge blocking the ban.

  • October 04, 2024

    Real Estate Recap: Climate Risk, Cooling Mandates, Reuse

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including how climate risk is changing investor behavior, what the hottest summer on record has done for landlord cooling mandates, and why one BigLaw attorney thinks a new bipartisan adaptive reuse bill in Congress could be a boon for rural housing.

  • October 04, 2024

    Where Campus Protest Suits Stand 1 Year After Oct. 7 Attacks

    Almost immediately after Hamas' attack in Israel on Oct. 7, 2023 and the subsequent invasion of Gaza, colleges and universities became litigation targets of both sides of the conflict as protests unfolded on campuses throughout the United States.

Expert Analysis

  • 3rd Circ.'s Geico Ruling May Encourage Healthcare Arbitration

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    The Third Circuit's recent decision in Geico v. Mount Prospect, finding that claims under New Jersey's Insurance Fraud Prevention Act can be arbitrated, strengthens arbitration as a viable alternative to litigation, even though it is not necessarily always a more favorable forum, say Khaled Klele and Jessica Osterlof at McCarter & English.

  • How Attys Can Avoid Pitfalls When Withdrawing From A Case

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    The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.

  • Using A Children's Book Approach In Firm Marketing Content

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    From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

  • Is The State Lottery The New Online Casino?

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    The traditional lines of demarcation between smartphone lottery games and online casino games are eroding since the difference is largely indistinguishable to the casual gambler — begging the question of how legal treatment may differ between state lotteries and the private-sector casino industry, says Michael Peacock at Holland & Knight.

  • What The FTC Report On AG Collabs Means For Cos.

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    The Federal Trade Commission's April report on working with state attorneys general shows collaboration can increase efficiency and consistency in how statutes are interpreted and enforced, which can minimize the likelihood of requests for inconsistent injunctive relief that can create operational problems for businesses, say attorneys at Kelley Drye.

  • When Oral Settlements Reached In Mediation Are Enforceable

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    A recent decision by the New Jersey Appellate Division illustrates the difficulties that may arise in trying to enforce an oral settlement agreement reached in mediation, but adherence to certain practices can improve the likelihood that such an agreement will be binding, says Richard Mason at MasonADR.

  • Series

    Being An EMT Makes Me A Better Lawyer

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    While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.

  • Exploring An Alternative Model Of Litigation Finance

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    A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.

  • Cell Therapy Cos. Must Beware Limits Of Patent Safe Harbors

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    Though developers of gene and cell therapy products commonly assume that a legal safe harbor protects them from patent infringement suits, recent case law shows that not all preapproval uses of patented technology are necessarily protected, say Natasha Daughtrey and Joshua Weinger at Goodwin.

  • Devil's In The Details On FDCPA, Article III Standing

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    The Third Circuit’s recent decision in Barclift v. Keystone Credit Services concerning the alleged harm needed to support a class action under the Fair Debt Collection Practices Act is in line with other circuits' interpretations of Article III of the Constitution, notwithstanding disagreement over the minutiae of a proper Article III analysis, says Nick Agnello at Burr & Forman.

  • Airlines Must Prepare For State AG Investigations

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    A recent agreement between the U.S. Department of Transportation and 18 states and territories will allow attorneys general to investigate consumer complaints against commercial passenger airlines — so carriers must be ready for heightened scrutiny and possibly inconsistent enforcement, say attorneys at Morgan Lewis.

  • Series

    Teaching Yoga Makes Me A Better Lawyer

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    Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.

  • A Vision For Economic Clerkships In The Legal System

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    As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.

  • E-Discovery Quarterly: Recent Rulings On Text Message Data

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    Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.

  • Series

    Swimming Makes Me A Better Lawyer

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    Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.

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