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Pennsylvania
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September 30, 2024
FTC's Amazon Monopolization Suit Partly Tossed, For Now
A Washington federal judge on Monday agreed to trim the Federal Trade Commission's landmark monopolization case against Amazon and split the trial into two parts, although the order itself remains sealed, according to an entry on the case docket.
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September 30, 2024
Pa. Hospital Hit With $24M Verdict For Spinal Surgery Patient
A Pennsylvania hospital has been hit with a nearly $24 million verdict in favor of a spinal stenosis patient who alleged he was partially paralyzed when a surgeon mistakenly drove a screw into his spinal cord, marking what the plaintiff's counsel flagged as the largest medical malpractice award on record in York County.
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September 30, 2024
Pa. Bankruptcy Court OKs $53M Sale Of Nursing Homes
A federal bankruptcy judge approved the proposed sale of nine western Pennsylvania nursing homes to affiliates of Kadima Healthcare Group for $53 million Monday, as part of Chapter 11 proceedings for more than a dozen facilities operating under the umbrella of Comprehensive Healthcare Management Systems.
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September 30, 2024
Irish Jockey's EB-1 Visa Suit Won't Cross Finish Line
An Irish jockey can't sue federal officials for denying his application for U.S. citizenship because his application process was still open, even if only so he can try to explain why it shouldn't be closed, a Pennsylvania federal judge ruled Monday.
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September 30, 2024
Philly Atty Suspended For Claiming To Rep Slain Boy's Father
A Philadelphia attorney has agreed to a year-and-a-half suspension of his law license for falsely claiming to represent the father of a boy who was killed by city police and trying to get him declared incompetent, acknowledging that his actions broke Pennsylvania's attorney conduct rules, according to state ethics board filing.
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September 30, 2024
J&J Exec Accused Of File Heist Wants Pause Amid DOJ Case
A former competitive strategy director for Johnson & Johnson accused of stealing confidential files as he left the company to work for Pfizer asked a New Jersey federal court to pause the suit after learning he is under criminal investigation.
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September 27, 2024
Real Estate Recap: Loving Or Leaving The Law Office
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including takeaways from a new survey of BigLaw firms that have either renovated their office or relocated entirely.
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September 27, 2024
Deal Cools Sale Broker's Beef With Cold-Cheese Pizzeria
A Pittsburgh cold-cheese pizzeria's beef with a real estate broker over the commission on what was almost a $2.1 million sale has cooled, with the parties telling a Pennsylvania state court they have settled the case.
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September 27, 2024
Lawyer Wields Blank Rome Atty Voicemail To Bolster DQ Bid
An attorney who is suing three lawyers from Blank Rome LLP and has asked a federal court to disqualify the firm's other attorneys from representing their colleagues — alleging they contacted one of her witnesses — told the court Friday she accessed a phone message that strengthens her arguments.
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September 27, 2024
Nike's Conduct In TM Battle Warrants Atty Fees, Report Says
Sportswear giant Nike Inc.'s behavior and threats against a Pennsylvania apparel company during a trademark dispute are severe enough to support ordering Nike to pay attorney fees, a special master has said.
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September 27, 2024
MetLife's 3rd Circ. Win Won't Stop ERISA Health Fee Suits
The Third Circuit's recent decision upholding MetLife's escape from a lawsuit accusing the company of pocketing $65 million in pharmacy rebates instead of using the funds to lower employee healthcare costs hands additional authority over to employers facing a new wave of class action litigation over excessive health fees, attorneys say.
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September 27, 2024
Medical Equipment Co., Founder Settle FCA Suit For $20M
A Florida-based medical equipment company and its founder will pay $20 million to settle claims under the federal False Claims Act that they improperly billed government healthcare plans for duplicated and unnecessary sales of devices meant to offer pain relief through electrical stimulation, Pennsylvania prosecutors said Friday.
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September 26, 2024
Oil Co. Can Escape Most Claims In Shell Fraud Suit
A federal judge trimmed most of the claims from a lawsuit brought by a group of Western Pennsylvania landowners who say a Royal Dutch Shell PLC subsidiary fraudulently sold off $9.5 billion of its assets to avoid the possibility of being subject to a judgment in a separate lawsuit.
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September 26, 2024
3rd Circ. Rules Commerce Fishery Councils Cannot Veto Regs
Government-appointed advisory councils that have the power to veto decisions of federal cabinet-level officials run afoul of the U.S. Constitution, the Third Circuit said, stripping that veto power from "regional fishery management councils" that advise the U.S. secretary of commerce.
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September 26, 2024
Pa. Supreme Court Upholds Taxes On Like-Kind Exchanges
A group of Pennsylvania real estate partners owe the state personal income tax assessed on their like-kind exchange, Pennsylvania's highest court ruled Thursday, with the majority upholding a lower court finding that the state Department of Revenue correctly issued the assessment.
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September 26, 2024
EPA Cleared Of Allegations Of Mishandling Ohio Derailment
An Ohio federal judge has dismissed allegations that the U.S. Environmental Protection Agency mishandled its response to the 2023 East Palestine train derailment, finding little evidence that government officials wrongly cleared air and water quality as safe enough for residents to return home.
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September 26, 2024
Pa. Justices Reject New Tax Hearing For Charter School
The Pennsylvania Commonwealth Court erred in sending a charter school's retroactive property tax appeal back to a county board, because the charter school had failed to exhaust statutory remedies, the state Supreme Court ruled Thursday.
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September 26, 2024
Pa. Justices Say COVID Closures Aren't Covered Losses
Pennsylvania's Supreme Court shut the door Thursday on COVID-19 pandemic loss insurance coverage for businesses closed by government mandate, ruling that requisite physical loss or damage required tangible alteration to property, reversing a lower court decision that stated loss of use was sufficient.
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September 26, 2024
Pa. Justices Say State Lawmakers Can't Impeach Philly DA
The clock ran out for the Pennsylvania Senate's planned trial on the impeachment of Philadelphia District Attorney Larry Krasner, the state's highest court ruled in an opinion published Thursday.
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September 25, 2024
Pa. Justices Urged To Reconsider Tossing Undated Ballots
Ten Pennsylvania voting rights groups on Wednesday urged the state Supreme Court to use its special "King's Bench" power and immediately take up arguments over whether throwing out mail-in votes that are missing handwritten dates on their outer envelopes violates the Pennsylvania constitution.
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September 25, 2024
FTC Targets 'Robot Lawyer,' Others In AI Enforcement Sweep
The Federal Trade Commission on Wednesday revealed a flurry of recent enforcement actions aimed at cracking down on the use of artificial intelligence to "supercharge" harmful and deceptive business practices, including a case targeting "lofty" claims made about a service that promised to provide "the world's first robot lawyer."
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September 25, 2024
3rd Circ. Preserves Monsanto's Win In Cancer Warning Suit
The Third Circuit refused to reconsider its ruling that federal law preempts a more stringent Pennsylvania statute that mandates cancer warnings on chemicals, preserving Monsanto's win against a man who alleged the company's Roundup herbicide caused his illness.
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September 25, 2024
Pa. Panel Says Misspellings Don't Sink Service Of Tax Notice
The misspelling of a landowner's name on a notice of an impending tax sale did not prevent the owner from understanding their property would be auctioned off to cover unpaid taxes, a Pennsylvania appellate court ruled Wednesday.
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September 25, 2024
3rd Circ. Backs Tossing MetLife Suit Over Drug Rebates
The Third Circuit upheld MetLife's defeat of a lawsuit alleging it kept drug rebate profits for itself instead of lowering workers' health benefit plan costs, saying Wednesday the workers leading the suit hadn't shown they were harmed by missing out on speculative savings.
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September 25, 2024
Transco Backers Urge DC Circ. To Revisit Pipeline Ruling
Natural gas and pipeline entities are firing back at a D.C. Circuit ruling that scrapped Federal Energy Regulatory Commission approvals for a five-state pipeline expansion project being pursued by the Transcontinental Gas Pipe Line Co., with one rival company saying the court's flawed decision sent "shockwaves through the industry."
Expert Analysis
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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Opinion
States Should Follow Federal Lead On Expert Evidence Rules
The recently amended Federal Rule of Evidence 702 will help ensure expert testimony in federal courts reflects adequate data and reliable methods properly applied to a given case, and state courts — home to the overwhelming majority of U.S. litigation — should adopt similar changes, says retired attorney Michael Harrington.
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How DEI Programs Are Being Challenged In Court And Beyond
In the wake of the U.S. Supreme Court's affirmative action decision last year declaring the consideration of race in university admissions unconstitutional, employers should keep abreast of recent litigation challenging diversity, equity and inclusion training programs, as well as legislation both supporting and opposing DEI initiatives in the workplace, say attorneys at Skadden.
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What Bankruptcy Deadline Appeal May Mean For Claimants
If the Third Circuit reverses a recent appeal made in In re: Promise Healthcare, litigation claimants within the circuit will not be able to rely on the proof of claim process to preserve the claim — but if the court affirms, the U.S. Supreme Court may need to step in to resolve the circuit split on this issue, say attorneys at DLA Piper.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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Why Incorporating By Reference Is Rarely Good Practice
The Federal Circuit’s recent ruling in Promptu Systems v. Comcast serves as a reminder that while incorporating by reference may seem efficient, it is generally prohibited by courts and can lead to sanctions when used to bypass a word count limit, says Cullen Seltzer at Sands Anderson.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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Conn. Bankruptcy Ruling Furthers Limitation Extension Split
A recent Connecticut bankruptcy court decision further solidifies a split of authority on whether Bankruptcy Rule 9006(b) may be used to extend the limitations period, meaning practitioners seeking to extend should serve the motion on all applicable parties and, where possible, rely on the doctrine of equitable tolling, says Shane Ramsey at Nelson Mullins.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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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.