Pennsylvania

  • June 27, 2024

    Supreme Court Freezes EPA's 'Good Neighbor' Rule

    The U.S. Supreme Court stayed the U.S. Environmental Protection Agency's plan to reduce cross-state pollution Thursday, finding several states and industry groups challenging it in court will likely prevail on the merits.

  • June 27, 2024

    Justices Nix 3rd-Party Liability Releases In Purdue Ch. 11 Plan

    The U.S. Supreme Court shot down the validity of nonconsensual third-party releases in an opinion issued Thursday in the case of bankrupt drugmaker Purdue Pharma LP, potentially exposing the Sackler family members who own the company to personal liability for the company's role in the opioid crisis.

  • June 26, 2024

    Conn. Zantac Ruling To Include Sanofi As Settlement Looms

    A Connecticut state judge will include Sanofi-Aventis US LLC and a related corporate entity in a forthcoming decision on whether Zantac makers must face novel innovator liability claims in the Constitution State, the judge revealed after the pharmaceutical giant suggested a ruling would help finalize a nascent settlement.

  • June 26, 2024

    3rd Circ. Won't Revive Distillery Investor's RICO, Secrets Case

    The Third Circuit on Wednesday agreed that the main investor of a Pennsylvania distillery can't revive his federal racketeering or trade secret claims against a former business partner and others related to the craft liquor business.

  • June 26, 2024

    Demolition Worker's Family Sues FirstEnergy Over Fatal Fall

    The family of a Michigan man who died during the demolition of a former coal-fired power plant in Southwestern Pennsylvania has filed a lawsuit in Pennsylvania state court against the plant's operators, claiming that better plans, inspections and safety measures could have prevented his fatal fall in 2022.

  • June 26, 2024

    Ex-Philly Labor Leader Gets 4-Year Embezzlement Sentence

    Brian Burrows, formerly the president of Philadelphia's International Brotherhood of Electrical Workers Local 98, has been sentenced to four years of prison and three years of probation for his role in an embezzlement scheme alongside fellow union exec John "Johnny Doc" Dougherty, prosecutors announced Wednesday.

  • June 26, 2024

    NJ, Pa. Apartment Co. Accused Of Migrant Discrimination

    A Guatemalan immigrant who has received protections under the Deferred Action for Childhood Arrivals program accused a real estate development and management company of alienage discrimination on Wednesday after she was informed that the company could not accept her housing applications without a valid permanent resident card or visa.

  • June 26, 2024

    'Tragic History' Can't Rewrite Law In Burial Row, Army Says

    The U.S. Army says the nation's "tragic history" of injustices done to children through the Indian Boarding School system does not give a federal district court license to rewrite a law aimed at protecting Indigenous burial sites, arguing that a Nebraska tribe's challenge over the repatriation of two children should be dismissed.

  • June 26, 2024

    Pa. Justices Won't Hear Elliott Greenleaf Atty's $11M Fee Fight

    The Pennsylvania Supreme Court will not review decisions denying a former Elliott Greenleaf attorney a cut of an $11 million referral fee for a personal injury client, after lower courts found a letter from the client requesting that the lawyer be paid was not valid and otherwise presented too late.

  • June 25, 2024

    UPenn Palestinian Org Can't Block Congress' Doc Request

    An association of pro-Palestinian faculty and students at the University of Pennsylania can't sue the school to stop it from sending documents about the group's activities to a U.S. House committee that expressed concern about alleged antisemitic activities, a Pennsylvania federal judge has ruled.

  • June 25, 2024

    Cigna Objects To Ch. 11 Sale Of Western Pa. Nursing Homes

    Cigna Health and Life Insurance Co. filed an objection in Pennsylvania bankruptcy court to the proposed sale of a group of Pittsburgh-area nursing homes, seeking assurances that it will be warned if the nursing homes intend to leave behind their contracts with Cigna as part of the sale.

  • June 25, 2024

    Norfolk Southern Torched In NTSB Final Derailment Findings

    Norfolk Southern used "reprehensible" tactics to interfere with the investigation into last year's derailment in East Palestine, Ohio, and pushed for an "unnecessary" controlled vent and burn of highly flammable vinyl chloride during the accident's chaotic aftermath, the National Transportation Safety Board said Tuesday.

  • June 25, 2024

    3rd Circ. Says Smith & Wesson Can't Sidestep NJ Subpoena

    The gunmaker Smith & Wesson must comply with a subpoena from New Jersey to produce advertising materials requested in a consumer fraud case brought by the state, a divided Third Circuit panel ruled Tuesday.

  • June 25, 2024

    After Rahimi Win, Feds Set Sights On Felon Gun Ban

    In a bid to capitalize on last week's U.S. Supreme Court ruling upholding a federal law that prohibits domestic abusers from possessing firearms, the U.S. solicitor general has called on the justices to next tackle a slew of constitutional challenges to the separate, sweeping ban on people convicted of felonies owning guns.

  • June 25, 2024

    Ex-SEPTA Surveillance Unit Head Gets 37 Months For Bribery

    A former director of video surveillance for a Pennsylvania transportation authority was sentenced Monday for his role in a bribery and extortion scheme in which he exchanged inside information for thousands of dollars, concert tickets and a future job.

  • June 24, 2024

    Ex-Philly Union Head Denied Acquittal On Embezzlement

    A Pennsylvania federal judge has declined to throw out the conviction of John Dougherty, the former business manager of the International Brotherhood of Electrical Workers Local 98, on charges that he stole money from the union to pay for repairs to his home and others' properties.

  • June 24, 2024

    K-Pop Stars Cited As Judge Awards $171M In Rail Fraud Fight

    A Pennsylvania federal judge has awarded over $171 million to Eddystone Rail after finding Bridger Logistics affiliates liable for fraudulent asset transfers under a rail services agreement, citing the South Korean boy band BTS in his decision writing the defendants made 'Bad Decisions" and it's time they "Make It Right."

  • June 24, 2024

    Illinois, Other States Back FTC Bid To Affirm Intuit Ad Ruling

    Illinois, along with 20 other states and the District of Columbia, defended the Federal Trade Commission in tax software giant Intuit's Fifth Circuit constitutional challenge to the agency's findings that the company engaged in deceptive advertising, saying in an amicus brief that the FTC's conclusion was correct.

  • June 24, 2024

    Catching Up With Delaware's Chancery Court

    Amendments to Delaware's General Corporation Law topped the news out of the Court of Chancery again last week, as the hotly contested measure sailed through the state's legislature. Tesla and its shareholders continued their tug-of-war over attorney fees for Chancery litigation about Elon Musk's pay package, and new cases were filed involving biotechs, car rental companies, workout platforms, telecom towers, and a cargo ship fire in Brazil.

  • June 24, 2024

    PNC Beats ERISA Suit After Class Expert Found Unreliable

    PNC escaped a certified class action alleging it let employee retirement fund participants pay excessive fees after a Pennsylvania federal judge on Friday ruled that an expert witness who calculated $25 million in damages for the class of current and former employees wasn't reliable.

  • June 24, 2024

    Pa. Court OKs $3.65M Deal On Student Loan 'Pay-To-Pay' Fees

    A Pennsylvania federal judge said Monday that she would give her final approval to a $3.65 million settlement of claims that loan servicer Educational Computer Systems Inc. had improperly charged payment fees on hundreds of thousands of federally-backed student loans.

  • June 24, 2024

    US DOT Final Rule Ups Freight Rail Hazmat Disclosures

    Freight railroads must provide more detailed, real-time information on trains transporting hazardous materials to state and local first responders, under a new U.S. Department of Transportation final rule announced Monday that was largely spurred by last year's fiery derailment in East Palestine, Ohio.

  • June 24, 2024

    Justices' Removal Notice Decision Unwinds 3 Migrants' Wins

    The U.S. Supreme Court's recent endorsement of multipart removal notices resulted in the Monday vacatur of three circuit court decisions offering migrants another chance at fighting deportation after receiving notices that initially omitted important information about their removal hearings.

  • June 24, 2024

    3rd Circ. Seems Ready To Send Experian Row To Arbitration

    A Third Circuit panel on Monday appeared poised to send a Fair Credit Reporting Act lawsuit against Experian to arbitration, questioning whether a plaintiff's dispute over applying an arbitration agreement with an Experian-related credit-monitoring service fell under the "scope" disputes that would also get decided by an arbitrator.

  • June 24, 2024

    Justices Pass On Rutgers COVID-19 Vax Mandate Case

    The U.S. Supreme Court declined on Monday to review a split Third Circuit ruling that Rutgers University students cannot challenge the school's COVID-19 vaccine policy because, under the high court's 1905 precedent in Jacobson v. Massachusetts, there is no fundamental right to refuse vaccinations.

Expert Analysis

  • After Headwinds, 2024 May See Offshore Wind Momentum

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    Despite skyrocketing raw material costs, conflicting state and federal policies, and other setbacks for the offshore wind sector in 2023, the industry appears poised for growth in the coming year, with improving economics, more flexible procurement procedures and increasing legislative support, say Emily Huggins Jones and Ben Cowan at Locke Lord.

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

  • Inside Higher Education's New FCA Liability Challenges

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    As the educational sector expands its use of government funding, schools are at increased risk under the False Claims Act, but recent settlements offer valuable lessons about new theories of liability they may face and specific procedures to reduce their exposure, say James Zelenay and Jeremy Ochsenbein at Gibson Dunn.

  • Attorneys' Busiest Times Can Be Business Opportunities

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    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

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    Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

  • How Attorneys Can Be More Efficient This Holiday Season

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    Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.

  • The 4 Top Philadelphia Commerce Court Opinions Of 2023

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    Four 2023 rulings from the Philadelphia County Court of Common Pleas — including decisions on judicial privilege, stay requests, sheriff's sales and the appointment of a receiver — highlight the court's commitment to stringent standards and address evolving challenges in commercial litigation, say Jonathan Hugg and Sarah Boutros at Eckert Seamans.

  • 5 Trends To Watch In Property And Casualty Class Actions

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    In 2023, class action decisions have altered the landscape for five major types of claims affecting property and casualty insurers — total loss vehicle valuation, labor depreciation, other structural loss estimating theories, total loss vehicle tax and regulatory fees, and New Mexico's uninsured and underinsured motorist coverage sale requirements, say Mark Johnson and Mathew Drocton at BakerHostetler.

  • Series

    Children's Book Writing Makes Me A Better Lawyer

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    Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

  • What 3rd Circ. Gets Wrong About Arbitration Enforcement

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    The Third Circuit and other courts should correct their current law, exemplified by the Third Circuit's recent decision in Henry v. Wilmington Trust, requiring a motion to dismiss based on an arbitration clause because it conflicts with the Federal Arbitration Act, the Federal Rules of Civil Procedure, and — with regard to the improper-venue approach — U.S. Supreme Court precedent, says David Cinotti at Pashman Stein.

  • Series

    The Pop Culture Docket: Judge D'Emic On Moby Grape

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    The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.

  • The Key To Defending Multistate Collective FLSA Claims

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    Federal circuit courts are split on the reach of a court's jurisdiction over out-of-state employers in Fair Labor Standards Act collective actions, but until the U.S. Supreme Court agrees to review the question, multistate employers should be aware of a potential case-changing defense, say Matthew Disbrow and Michael Dauphinais at Honigman.

  • Series

    Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

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