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Pennsylvania
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August 30, 2024
Pa. Court Affirms Ex-Eagle's $43.5M Knee Injury Verdict
Former Philadelphia Eagles team captain Chris Maragos gets to keep the $43.5 million he won in a medical malpractice trial over doctors' treatment of a knee injury that ended his playing career, after a state appeals panel on Friday ruled that the jury verdict was supported by the evidence.
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August 30, 2024
Pa. County's Voting Machine Inspections Cost It $1M In Fees
A Pennsylvania county whose commissioners violated a court order by allowing outside inspectors to access its voting machines should pay Dominion Voting Systems and the Pennsylvania Secretary of the Commonwealth more than $1 million in legal fees as part of the state supreme court's sanctions, an appellate judge recommended Friday.
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August 30, 2024
$100M Deal Finally Ends MoneyGram Unclaimed Property Fight
Delaware will be giving back more than $100 million from uncashed MoneyGram checks to the states where they were bought after finally reaching a settlement with 29 other states that took the matter all the way to the U.S. Supreme Court.
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August 30, 2024
Wheeling & Appealing: The Latest Must-Know Appellate Action
Appeals courts have awakened from summertime slumber and crammed their early autumn calendars with arguments of national significance, which Law360 previews in this edition of Wheeling & Appealing. We're also recapping August's top appellate decisions, exploring new polling about U.S. Supreme Court opinions and testing your knowledge of Fifth Circuit history.
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August 30, 2024
3rd Circ. Won't Touch Pipeline Workers' Appeal In OT Suit
The Third Circuit said Friday it doesn't have jurisdiction over a pipeline company's challenge to a discovery order limited to the issue of the arbitrability of two pipeline inspectors' wage claims, ruling that the challenged order isn't appealable under the Federal Arbitration Act.
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August 30, 2024
Real Estate Recap: RealPage, Vacancies, New Construction
Catch up on this week's key developments by state from Law360 Real Estate Authority — including interpretation of the RealPage antitrust suit, the latest on U.S. office vacancies and plans for a new Miami tower.
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August 30, 2024
Steward Says It Has Deal To Avert Some Hospital Closures
Bankrupt hospital operator Steward Health Care System has a tentative agreement that would eliminate over $6 billion of claims against it, keep the majority of its 31 hospitals operating while saving three from potential closure and set it on a path to confirm a Chapter 11 plan, attorneys told a Texas bankruptcy judge Friday.
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August 30, 2024
Republic Bank Tells IP Lawsuit Judge It's Bankrupt
An embattled Pennsylvania-based bank has sought bankruptcy protection following its high-profile seizure by federal authorities as it grappled with $1.3 billion in debt, according to its latest filing in a trade secrets misappropriation suit.
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August 30, 2024
AGs Ask 11th Circ. To Back Fla. Under-21 Gun Sale Law
A group of 21 attorneys general Friday filed an amicus brief with the Eleventh Circuit urging the appeals court to reaffirm a panel decision upholding a Florida law that banned the sale of firearms by people under 21.
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August 30, 2024
More Bias Claims Lobbed At Philly Legal Org, This Time Racial
A Black former public defender has sued the Defender Association of Philadelphia for racial bias, claiming the organization fired her based on her race and that it treats Black employees differently than White ones.
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August 30, 2024
Philips Accuses SoClean Of Discovery Delay In CPAP Recall
Koninklijke Philips NV says SoClean Inc. is unduly delaying claims that the company should contribute to Philips' $1 billion settlement over breathing machine foam by insisting on a wall between discovery materials in two related multidistrict litigations.
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August 30, 2024
Nike Slammed Over Litigation Tactics In TM Atty Fees Battle
A Pennsylvania clothing manufacturer panned Nike Inc.'s alleged "intransigence" and obstructive conduct in fighting a trademark infringement lawsuit, as the business pushed for attorneys fees in federal court following a remand from the Third Circuit.
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August 29, 2024
PNC Asks 4th Circ. To Reconsider HELOC 'Offset' Ban Ruling
PNC Bank has asked the Fourth Circuit to take another look at its ruling that extended the "offset" provision of the Truth in Lending Act, which prevents banks from using funds held in deposit accounts to offset credit card debt without the consumer's consent, to home equity lines of credit.
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August 29, 2024
Pa. Justices To Examine Axing Of 'Red Book' Drug Pricing
The Supreme Court of Pennsylvania has agreed to review a decision tossing the "Red Book" pricing values used by the state's Bureau of Workers' Compensation to calculate reimbursement for prescription drug costs.
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August 29, 2024
Airline Ducks Liquidated Damages In Military Leave Suit
A class of pilots accusing American Airlines of violating the Uniformed Services Employment and Reemployment Rights Act of 1994 by denying pay for time spent on military leave can't seek liquidated damages, given a lack of evidence that the airline knew it was breaking the law, a Pennsylvania federal judge ruled Thursday.
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August 29, 2024
Philly Legal Org. Must Face Atty's EEOC Bias Suit At Trial
A Pennsylvania federal judge declined Thursday to side with either party on the core claims in a U.S. Equal Employment Opportunity Commission suit alleging a Philadelphia legal services organization fired an attorney who asked for more medical leave, ruling that the case is best fit for trial.
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August 29, 2024
Pa. State Courts Can Make Juvenile Immigrant Determinations
The Pennsylvania Supreme Court ruled Thursday that state custody courts can make determinations about whether immigrant youth qualify for special immigrant juvenile protections in cases where a parent living in the U.S. is awarded sole custody, rather than a foster parent or state agency.
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August 29, 2024
Convicted Drexel Prof Says Records Would've Swayed Jury
A Drexel University accounting professor convicted on charges of tax evasion and filing false tax returns after the government accused him of failing to report $3.3 million in income from a Trenton pharmacy has asked a New Jersey federal judge for a new trial.
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August 29, 2024
Counterclaims Cut From $12.1M Home Security Contract Suit
The home-security arm of Pennsylvania-based builder Toll Brothers has persuaded a Connecticut state court to trim some of the counterclaims from its litigation with Security Systems Inc., successfully arguing that the buyer of nearly 10,000 customer accounts hasn't shown that damages exceed the $1.5 million "attrition reserve" the company was already holding on to.
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August 29, 2024
GM Can't Shake Off Shuddering-Transmission Class
General Motors must face class allegations that it knowingly sold vehicles with defective transmissions that cause the vehicles to shake and shudder while being driven, a Sixth Circuit panel ruled Wednesday, finding no reason to undo class certification for the drivers.
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August 29, 2024
Offit Kurman Must Pay Over $4M In Legal Malpractice Suit
A Pennsylvania judge has awarded over $4 million to Mitts Law LLC in its suit claiming that Offit Kurman Attorneys At Law's discovery violations while representing a client resulted in a $3 million judgment, ruling that the firm's representation "fell below the ordinary skill, knowledge and care exercised by attorneys under the circumstances."
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August 29, 2024
Nippon Pledges $1.3B For US Steel In Quest For US Approval
Nippon Steel Corp. has pledged to inject an additional $1.3 billion into United States Steel Corp. facilities as the Japanese company looks to get over the finish line with U.S. regulators on its controversial $14.9 billion merger proposal.
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August 28, 2024
Merck Must Face Class Claims In Vaccine Antitrust Suit
Merck cannot strike class claims in antitrust litigation over its rotavirus vaccine, a Pennsylvania federal judge ruled Wednesday, while also allowing the city of Baltimore to eliminate redundancies in its complaint.
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August 28, 2024
Pa. Atty Admits To Dodging Taxes On Mass Tort Deal Fees
A Pennsylvania attorney pled guilty Wednesday to failing to pay taxes for approximately $1.2 million in income she received over three years, depriving the government of up to half a million dollars in revenue, according to the U.S. Attorney's Office for the Middle District of Pennsylvania.
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August 28, 2024
3rd Circ. Rejects Citizenship Bid Despite 21-Year Gov't Delay
The Third Circuit on Wednesday upheld the denial of citizenship to a Trinidad and Tobago national convicted of drug-related offenses despite the government's 21-year delay in correcting its error in issuing his Certificate of Citizenship to begin with, ruling it doesn't have the power to grant citizenship.
Expert Analysis
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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Considerations As State AGs Step Up Privacy Enforcement
As new state privacy laws take effect, businesses are facing an increasingly complex patchwork of compliance obligations and risk of scrutiny by attorneys general, but companies can gain a competitive edge by building consumer trust and staying ahead of regulatory trends, say Ann-Marie Luciano and Meghan Stoppel at Cozen O’Connor.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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Del. Dispatch: Director Caremark Claims Need Extreme Facts
The Delaware Court of Chancery recently dismissed Caremark claims against the directors of Centene in Bricklayers Pension Fund of Western Pennsylvania v. Brinkley, indicating a high bar for a finding of the required element of bad faith for Caremark liability, and stressing the need to resist hindsight bias, say attorneys at Fried Frank.
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Class Action Law Makes An LLC A 'Jurisdictional Platypus'
The applicability of Section 1332(d)(10) of the Class Action Fairness Act is still widely misunderstood — and given the ambiguous nature of limited liability companies, the law will likely continue to confound courts and litigants — so parties should be prepared for a range of outcomes, says Andrew Gunem at Strauss Borrelli.
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Jarkesy Ruling May Redefine Jury Role In Patent Fraud
Regardless of whether the U.S. Supreme Court’s Jarkesy ruling implicates the direction of inequitable conduct, which requires showing that the patentee made material statements or omissions to the U.S. Patent and Trademark Office, the decision has created opportunities for defendants to argue more substantively for jury trials than ever before, say attorneys at Cadwalader.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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New State Carbon Capture Laws: Key Points For Developers
Multiple states have introduced or expanded legal frameworks for carbon capture and sequestration this year, and while there are some common themes, many of these state laws include unique approaches and requirements — which developers and investors should be aware of when considering potential projects and investment risks, say attorneys at Arnold & Porter.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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Motion To Transfer Venue Considerations For FCA Cases
Several recent decisions highlight the importance for practitioners of analyzing as early as possible whether a False Claims Act case warrants a change of venue, and understanding how courts weigh certain factors for defendants versus whistleblowers, say Ellen London at London & Stout, and Li Yu and Corey Lipton at DiCello Levitt.