Pennsylvania

  • August 02, 2024

    Class Suit Over Changed Music Venue Changes Conn. Forums

    A proposed class of ticket buyers who claim to have been shortchanged when an organizer suddenly shortened a three-day Connecticut music festival and moved the event to a much smaller venue have refiled consumer protection, contract and negligence claims in state court Thursday after pulling a short-lived federal complaint.

  • August 02, 2024

    PNC Wants Court, Not Jury, To Hear Fintech Co. TM Defenses

    PNC Financial Services Group wants a Pennsylvania federal judge, not a jury, to decide whether the bank did nothing with knowledge that Plaid Inc. was copying its logo and login screens when linking bank accounts to financial apps, PNC said in a court filing.

  • August 02, 2024

    Pa. AG Wants More From Feds' Norfolk Southern Settlement

    Pennsylvania's attorney general was concerned Friday that a proposed $310 million settlement with Norfolk Southern Railway — intended to cover the cleanup costs, civil penalties and community health concerns after a fiery 2023 derailment in East Palestine, Ohio — did not go far enough in making the railroad pay for healthcare costs or implement safety upgrades.

  • August 02, 2024

    3rd Circ. Backs Ex-NJ Firefighter's $50M Drug Fraud Sentence

    The Third Circuit backed the eight-year prison sentence handed to a former New Jersey firefighter convicted for his role in a $50 million healthcare fraud scheme, rejecting his argument he was wrongly punished for taking his case to trial.

  • August 02, 2024

    Five Below Hit With Investor Suit Over Growth Potential

    Discount retail chain Five Below has been sued by investors claiming its executives misled investors about the growth potential of its stores, causing stock prices to tumble.

  • August 02, 2024

    4 ERISA Excessive Health Fee Suits To Watch

    The Third Circuit will decide whether to revive a suit from MetLife workers alleging their pharmacy benefits were mismanaged, while suits proceed in district court against Wells Fargo and Johnson & Johnson alleging they violated the Employee Retirement Income Security Act via high drug costs a pharmacy benefit manager charged workers. Here, Law360 looks at four cases involving claims that employers violated ERISA by charging high healthcare costs — including for prescription drugs — that attorneys are watching.

  • August 02, 2024

    Defamation, Assault Suit Among Ex-Atty Colleagues Trimmed

    A Pennsylvania federal judge this week tossed part of a former Young Conaway Stargatt & Taylor LLP attorney's defamation suit against two former colleagues, saying the statements the colleagues made about his actions were found credible by a Delaware court when it confirmed a protection for abuse order.

  • August 01, 2024

    Avantor Will Pay $5M To Settle FCA Claims Against Subsidiary

    Biotech company Avantor Inc. has agreed to shell out $5 million to resolve allegations its laboratory supplies subsidiary VWR International overcharged federal agencies for goods despite agreeing to give discounts, a federal prosecutor announced on Thursday.

  • August 01, 2024

    Ex-Philly Union Leaders On The Hook For Union's Legal Fees

    Former Philadelphia union leader and convicted felon John "Johnny Doc" Dougherty will have to pay 90% of the attorney fees that the International Brotherhood of Electrical Workers Local 98 incurred while participating in the government's public corruption and embezzlement cases against him, a federal judge said Thursday.

  • August 01, 2024

    Porsche Escapes Pa. Suit Claiming Faulty Cooling Pipes

    A Porsche owner can't pursue claims that his SUV's allegedly faulty cooling system allowed antifreeze vapors to waft into his vehicle's cabin, a Pennsylvania federal judge ruled, saying the driver couldn't prove with "a reasonable degree of medical certainty" that these fumes caused his long-term respiratory problems.

  • August 01, 2024

    Pa. Workers' OT Claims Over Pensions Stand, Judge Says

    Federal labor law doesn't preempt some claims from unionized hospital workers in Pennsylvania over incorrect overtime pay, a federal judge determined, saying interpretation of a labor contract laying out the calculation of wage rates and pension contributions isn't necessary to resolve those allegations.

  • August 01, 2024

    NJ Justices Say Bridge Commission Can Mandate Union Deals

    The compact that created the bistate Delaware River Joint Toll Bridge Commission gave the commission the authority to require contractors to use project labor agreements in a publicly bid construction project, the New Jersey Supreme Court ruled Thursday.

  • August 01, 2024

    Bistate Transit Agency Fights NJ Comptroller's Info Bid

    The Delaware River Port Authority accused the acting New Jersey state comptroller of overstepping his authority by attempting to compel it to produce documents and testimony via two subpoenas, according to a lawsuit filed Wednesday in Garden State federal court.

  • August 01, 2024

    White House Defends 6th Circ. Nom Against Tenn. Senator

    The Senate Judiciary Committee approved seven judicial nominees on Thursday, including one for the Sixth Circuit under fire from her home-state senators.

  • August 01, 2024

    3rd Circ. Affirms Nix Of Discovery Ask On GM In Brazil Case

    A Delaware federal court didn't abuse its discretion by declining to begin discovery on General Motors to aid ongoing litigation in Brazil for a group that is entitled to receive dozens of car dealerships' tax credits from the early 1990s, the Third Circuit found.

  • August 01, 2024

    Mother-In-Law Says Atty Misrepresented Property Investment

    The owner of a Pittsburgh-based home care agency is suing her former son-in-law in Pennsylvania state court, claiming the attorney tricked her into investing in a real estate company then mismanaged its funds and withheld her share of the proceeds.

  • August 01, 2024

    3rd Circ. Says Enviro Fight No Reason To Reopen Ch. 11

    The Third Circuit ruled Thursday that Bath Iron Works' potential liability over a polluted New Jersey river doesn't affect the Chapter 11 case of the shipbuilder's former affiliate, backing a district court that decided a bankruptcy judge erred in reopening the case.

  • August 01, 2024

    Hotel Giant Escapes Franchisee Suit Over Cyberattack

    A Georgia federal judge dismissed a proposed class action lodged by InterContinental Hotels Group franchisees who aimed to hold it liable for losses after a 2022 cyberattack that knocked a centralized room-booking platform offline for several weeks.

  • July 31, 2024

    Live Nation Says In-House Attys Can't Access DOJ Docs

    As it warned would be the case, Live Nation is telling a New York federal judge that it has no in-house counsel that will be able to meet his rules on counsel access to highly confidential material in the U.S. Department of Justice's antitrust suit against the live events company.

  • July 31, 2024

    Pa. Panel Upholds Post-Gazette Strikers' Win

    The Pennsylvania Superior Court on Wednesday delivered a win for striking unions picketing outside the Pittsburgh Post-Gazette's warehouse, upholding a county court's decision that the newspaper's claims that the unions disrupted deliveries were out of its jurisdiction.

  • July 31, 2024

    Guardian Elder Care Nursing Homes in Pa., W.Va. Enter Ch. 11

    A group of 19 skilled nursing homes in Pennsylvania and West Virginia filed for Chapter 11 bankruptcy protection amid declining patient numbers, telling a federal bankruptcy judge Wednesday that the plan was to stay in operation long enough to sell the facilities.

  • July 31, 2024

    Senate Confirms State Judges To US District Courts In NY, PA

    The Senate on Wednesday confirmed Judge Meredith Vacca to the Western District of New York and U.S. Magistrate Judge Joseph F. Saporito Jr. to the Middle District of Pennsylvania.

  • July 31, 2024

    CVS Appeal Blocked In Whistleblower Suit Over Drug Prices

    A Pennsylvania federal judge has barred CVS Health Co. from making an interlocutory appeal over his interpretation of regulations in a whistleblower's lawsuit claiming the company's prescription entities falsely reported drug prices to the government. The judge recommended that a trial date be set in the decade-long litigation instead.

  • July 31, 2024

    Pa. Court Says Mail-In Ballot Images Are Public Records

    Scanned copies of Pennsylvanians' absentee and mail-in ballots are public records subject to the state's Right-to-Know Law, even though copies of votes cast in person are not, a state appellate court ruled Wednesday.

  • July 31, 2024

    NC Sens. Continue Fight Against 4th Circ. Nom

    Ryan Young Park, the solicitor general of North Carolina and nominee for the Fourth Circuit, defended his record and commitment to the law on Wednesday amid attacks from North Carolina's U.S. senators, who oppose his nomination and claim they were not properly consulted on his selection.

Expert Analysis

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

  • Think Like A Lawyer: Always Be Closing

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    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

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    As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.

  • Live Nation May Shake It Off In A Long Game With The DOJ

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    Don't expect a swift resolution in the U.S. Department of Justice's case against Live Nation, but a long litigation, with the company likely to represent itself as the creator of a competitive ecosystem, and the government faced with explaining how the ticketing giant formed under its watch, say Thomas Kliebhan and Taylor Hixon at GRSM50.

  • Series

    Fishing Makes Me A Better Lawyer

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    Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge​​​​​​​ at Robinson Bradshaw.

  • Penn. Right-To-Know Case Raises Record-Access Precedent

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    The Pennsylvania Supreme Court recently held that the nonprofit Pennsylvania Interscholastic Athletic Association was subject to the state's Right-To-Know Law, establishing an expansion that allows access to public records of organizations that perform work or have some role associated with statewide governance, says Delene Lantz at Saul Ewing.

  • Opinion

    It's Time To Defuse The Ticking Time Bomb Of US Landfills

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    After recent fires at landfills in Alabama and California sent toxic fumes into surrounding communities, it is clear that existing penalties for landfill mismanagement are insufficient — so policymakers must enact major changes to the way we dispose of solid waste, says Vineet Dubey at Custodio & Dubey.

  • A Healthier Legal Industry Starts With Emotional Intelligence

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    The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.

  • To Make Your Legal Writing Clear, Emulate A Master Chef

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    To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.

  • What Junk Fee Law Means For Biz In California And Beyond

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    Come July 1, companies doing business in California must ensure that the price of any good or service as offered, displayed or advertised is inclusive of all mandatory fees and other charges in compliance with S.B. 478, which may have a far-reaching impact across the country due to wide applicability, say Alexandria Ruiz and Amy Lally at Sidley Austin.

  • Circuit Judge Writes An Opinion, AI Helps: What Now?

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    Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.

  • Perspectives

    Justices' Repeat Offender Ruling Eases Prosecutorial Hurdle

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    The U.S. Supreme Court’s decision last week in Brown v. U.S., clarifying which drug law applies to sentencing a repeat offender in a federal firearms case, allows courts to rely on outdated drug schedules to impose increased sentences, thus removing a significant hurdle for prosecutors, says attorney Molly Parmer.

  • Perspectives

    Trauma-Informed Legal Approaches For Pro Bono Attorneys

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    As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.

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