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Pennsylvania
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November 04, 2024
Paralegal Loses ADA Suit Over Firm's Vax Status Disclosure
A Pennsylvania federal judge on Monday freed a personal injury firm from a former paralegal's claims that it unlawfully publicized her COVID-19 vaccination status, saying the paralegal herself made her vaccination status public when she opposed the vaccine outside the confines of an employer-initiated medical inquiry.
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November 04, 2024
FERC, NJ Conservation Orgs Battle Over Pipeline Rehearing
The Federal Energy Regulatory Commission is clashing with a host of conservation groups and the New Jersey Division of the Rate Counsel over whether the D.C. Circuit should reconsider a panel decision that vacated the agency's approval for a natural gas pipeline expansion on the East Coast.
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November 04, 2024
'Oh, Come On': 5th Circ. Doubts Intuit Ads Misled Consumers
The Fifth Circuit on Monday seemed skeptical that the company behind TurboTax duped customers into thinking they could file their tax returns for free, with judges engaging in a lengthy back-and-forth with the Federal Trade Commission over how noticeable disclosures on the ads had to be for the agency to consider them truthful.
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November 04, 2024
Shell Slips Negligence Claim In Pa. Nuisance Lawsuit
Neighbors of Shell Chemical Appalachia's Western Pennsylvania ethylene cracker plant will need to be more specific about dust and pollution affecting their homes if they want to revive a negligence claim that a federal court struck from a proposed class action Monday.
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November 04, 2024
Door Factory Buyer Wants To Defend Deal In Antitrust Case
The proposed buyer of a door-skin manufacturing plant asked a Virginia federal court for permission to intervene in the private antitrust case that led to a landmark order forcing Jeld-Wen to unload the factory.
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November 04, 2024
Citizens Bank Reaches Deal With Loan Officers To Avoid Trial
Citizens Bank struck a deal with a group of mortgage loan officers to resolve the final remaining claim in their lawsuit alleging the company stiffed them on overtime wages by compelling them to put in extra work off the clock, a filing in Pennsylvania federal court said.
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November 04, 2024
Pa. Jury Finds Fastener Co.'s Ads Infringing, But Charts OK
A Philadelphia jury has delivered a mixed verdict in an industrial fastener manufacturer's intellectual property lawsuit against its competitor, finding that Peninsula Components Inc. improperly used Penn Engineering & Manufacturing Corp.'s "PEM" trademark in its online ads, but deciding that the mark's appearance on specification comparison charts was fair use.
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November 04, 2024
Philly DA Can't Stop Elon Musk's $1M Giveaway To Voters
A Pennsylvania judge on Monday denied Philadelphia District Attorney Larry Krasner's bid to halt Elon Musk's $1 million giveaway to registered voters leading up to the 2024 presidential election, issuing a one-page order ending the prosecutor's claims that the tech mogul was operating an illegal lottery.
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November 03, 2024
Philly DA Gets Remand Of Suit Over Musk's $1M 'Lottery'
Philadelphia District Attorney Larry Krasner's suit over Elon Musk's $1 million giveaway to voters in swing states has been sent back to where it started, with a Pennsylvania federal judge ruling Friday that the case belongs in state court.
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November 01, 2024
Pa. High Court Says Undated Ballots Still Won't Count Nov. 5
The Pennsylvania Supreme Court held Friday that mail-in votes in the fast-approaching general election can still be thrown out if they have missing or "incorrect" dates on their outer envelopes, a ruling that comes just days after a state appellate court found that the practice was unconstitutional.
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November 01, 2024
Wheeling & Appealing: The Latest Must-Know Appellate Action
One circuit court will hold an oral argument for the history books, with dizzying logistics and stakes surpassing almost anything on the U.S. Supreme Court's calendar. Other circuit showdowns will delve into the high court's latest opinions and flesh out fascinating feuds involving big beer brands and emerging theories of "administrative state" overreach. All that and more is making November a month of exceptional appellate intrigue.
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November 01, 2024
Real Estate Recap: Election Expectations, EB-5, $50B PE Bet
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including perspectives from real estate leaders ahead of Tuesday's election, takeaways from the Advanced EB-5 Industry Conference in Miami, and two private equity firms' $50 billion bet on data center and energy generation projects.
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November 01, 2024
The Push To End 'Prison Gerrymandering' Gains Momentum
Opponents of so-called prison gerrymandering are having success fighting to end the practice, which they say reduces the political representation of minority communities in favor of rural, white areas, but obstacles like poor data and political opposition remain.
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November 01, 2024
Suit Says Nursing Home Let Resident Fatally Fall Down Stairs
A Pittsburgh-area nursing home failed to recognize the high level of supervision needed for a resident prone to wandering off, and left her alone long enough that she rolled her wheelchair down a flight of stairs and died, her family said in a lawsuit filed in Pennsylvania state court.
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November 01, 2024
Unisys Settles Trade Secrets Dispute with Ex-Execs
Information technology firm Unisys Corp. has agreed to settle claims that two former executives swiped confidential information and trade secrets before departing to work for a competitor.
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November 01, 2024
High Court Leaves Pa. Fix For Nixed Mail Ballots In Place
The U.S. Supreme Court left in place Friday a ruling from the Pennsylvania Supreme Court allowing voters in the battleground state whose mail-in ballots are rejected as defective to submit provisional ballots on Election Day as replacements.
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November 01, 2024
Goddard Systems Can't Escape $11M Shaken Baby Lawsuit
A Connecticut state judge won't let Goddard Systems Inc. out of an $11 million lawsuit alleging that one of its franchisees' negligence in hiring led to an employee permanently injuring a child, saying there are questions about how much control Goddard Systems had over the franchisee's background checks.
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November 01, 2024
Judge In Philly Inquirer Data Sharing Case Won't Join Class
The Pennsylvania federal judge overseeing a consolidated action accusing the Philadelphia Inquirer of sharing subscribers' video viewing habits with Meta is eligible to join the class, but has decided to renounce his right to class membership in order to continue being the judge.
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November 01, 2024
How 2024 Election Litigation May Look Different From 2020
Courts are fielding a flood of lawsuits over the 2024 presidential election, with more certainly to come, but those suits may have some significant differences from the ones that played out in 2020, according to experts.
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November 01, 2024
Pennsylvania's Attorney General Race: Four Things To Know
In the race for Pennsylvania attorney general, a former county prosecutor and a two-term auditor general are facing off for the chance to be the Keystone State's top lawyer — both with ties to York, Pennsylvania, and Widener University Commonwealth Law School in Harrisburg. But whether they'd be more at home in the office's criminal prosecution or civil litigation roles depends on the candidate.
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November 01, 2024
Pillar Aught, Kilpatrick Guide $127M Pa. Bank Merger
Pillar Aught and Kilpatrick Townsend & Stockton LLP are guiding a roughly $127 million all-stock merger of two Pennsylvania community banks, Mid Penn Bancorp Inc. and William Penn Bancorporation, the banks announced Friday.
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October 31, 2024
3rd Circ. Preview: Boy Scouts' Ch. 11 Plan Row Tops Nov.
The future of the Boy Scouts of America's Chapter 11 bankruptcy plan is set to be determined by the Third Circuit this month, with the court poised to consider whether recent U.S. Supreme Court precedent on bankruptcies and settlements allows the reopening of the plan.
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October 31, 2024
CVS Unit Exec's Ex-Partner Charged With Insider Trading
The former domestic partner of a top executive at Oak Street Health Inc., a primary care provider network owned by CVS Health Corp., was charged in Philadelphia federal court Thursday with insider trading on advance information about CVS' $10.6 billion deal to buy Oak Street in 2023.
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October 31, 2024
Drug Cos. To Pay $49M For State-Led Generic Pricing Claims
A contingent of state-level enforcers reached settlements totaling $49.1 million on Thursday with Heritage Pharmaceuticals Inc. and Apotex Corp. for their alleged part in a wide-ranging conspiracy to inflate the price of generic drugs.
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October 31, 2024
A Boeing Space Exit, $3B Hot Dogs And More Deal Rumors
Like the two astronauts currently stranded on the International Space Station, Boeing is reportedly looking to get out of space — by exiting its NASA business. In earthly news, foreign meat companies are reportedly eyeing popular hot dog brand Oscar Mayer at a price tag that could approach an arguably gluttonous $3 billion, and Blackstone could shell out five big ones — $5 billion, that is — for a cellphone infrastructure business. Here, Law360 breaks down these and other deal rumors from the past week.
Expert Analysis
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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Navigating Complex Regulatory Terrain Amid State AG Races
This year's 10 attorney general elections could usher in a wave of new enforcement priorities and regulatory uncertainty, but companies can stay ahead of the shifts by building strong relationships with AG offices, participating in industry coalitions and more, say Ketan Bhirud and Dustin McDaniel at Cozen O’Connor.
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3rd Circ. Hertz Ruling Highlights Flawed Bankruptcy Theory
The Third Circuit, in its recent Hertz bankruptcy decision, became the latest appeals court to hold that noteholders were entitled to interest before shareholders under the absolute priority rule, but risked going astray by invoking the flawed theory of code impairment, say Matthew McGill and David Casazza at Gibson Dunn.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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What Pennsylvania Can Expect From Anti-SLAPP Law
Pennsylvania's anti-SLAPP law is an important step in protecting speech on matters of public concern against retaliatory claims, and is buttressed by a robust remedy for violations as well as procedural requirements that lawyers must follow to take advantage of its application in practice, says Thomas Wilkinson at Cozen O'Connor.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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Class Actions At The Circuit Courts: September Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy identifies practice tips from four recent class certification rulings involving denial of Medicare reimbursements, automobile insurance disputes, veterans' rights and automobile defects.
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How NLRB Memo Balances Schools' Labor, Privacy Concerns
Natale DiNatale at Robinson & Cole highlights the recent National Labor Relations Board advice memorandum that aims to help colleges reconcile competing obligations under the National Labor Relations Act and the Family Educational Rights and Privacy Act as university students flock toward unionization.
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.
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And Now A Word From The Panel: The MDL Map
An intriguing yet unpredictable facet of multidistrict litigation practice is venue selection for new MDL proceedings, and the Judicial Panel on Multidistrict Litigation considers many factors when it assigns an MDL venue, says Alan Rothman at Sidley Austin.