Pennsylvania

  • October 04, 2024

    Real Estate Recap: Climate Risk, Cooling Mandates, Reuse

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including how climate risk is changing investor behavior, what the hottest summer on record has done for landlord cooling mandates, and why one BigLaw attorney thinks a new bipartisan adaptive reuse bill in Congress could be a boon for rural housing.

  • October 04, 2024

    Where Campus Protest Suits Stand 1 Year After Oct. 7 Attacks

    Almost immediately after Hamas' attack in Israel and the subsequent invasion of Gaza on Oct. 7, 2023, colleges and universities became litigation targets of both sides of the conflict as protests unfolded on campuses throughout the United States.

  • October 04, 2024

    Prof. Claims Fox Chase, Temple U. Failed To Deter Harassment

    A cancer research professor has filed a sexual harassment lawsuit against Temple University Health System's Fox Chase Cancer Center, claiming in Pennsylvania federal court it failed to act on her complaints of being harassed by the eventual director, who she said went on to influence "numerous decisions" that hurt her career.

  • October 04, 2024

    Posting Copyrighted Building Codes Is Fair Use, Pa. Judge Says

    The American Society for Testing and Materials has lost a bid to enjoin a website from posting ASTM's copyrighted technical standards for building projects, after a Pennsylvania federal judge concluded that what the website does is fair use.

  • October 04, 2024

    Up First At High Court: Civil Rights, Ghost Guns, Atty Fees

    The U.S. Supreme Court reconvenes Monday to start a brand-new term, with the justices first hearing arguments related to prerequisites for litigating federal rights in state courts, ghost gun regulations, and whether a death row inmate is entitled to a new trial after a state admits that prosecutorial misconduct might have led to his conviction.

  • October 04, 2024

    High Court Will Hear Mexico's Suit Against Gun Cos.

    The Supreme Court on Friday agreed to review a decision allowing Mexico to sue a group of gun manufacturers alleging they have aided and abetted criminal cartels.

  • October 03, 2024

    3rd Circ. Upholds Insurer's Win In Construction Co. Wage Row

    An insurer for a paving and construction company has no duty to defend it against two class actions accusing the company of underpaying its employees, the Third Circuit ruled Thursday, finding an exclusion barring coverage for "wage and hour violations" is applicable.

  • October 03, 2024

    3rd Circ. Backs Added Payout For Late Royal Bank CEO

    The Third Circuit on Thursday backed a lower court's decision that Royal Bank of America's retirement plan must add another $368,000 onto the roughly $4 million lump-sum payment already given to the financial institution's late former chief executive officer, calling the plan's arguments it need not pay that amount "nonsensical."

  • October 03, 2024

    Eagles Insurer Bolsters Dismissal Bid In COVID Closure Suit

    The insurer for the Philadelphia Eagles on Wednesday bolstered its bid to dismiss the NFL team's suit seeking coverage for business disruption and losses caused by the COVID-19 pandemic, throwing recent case law behind its position that the pandemic's early effects on public events did not constitute physical loss entitling insurance coverage.

  • October 03, 2024

    12 Lawyers Who Are The Future Of The Supreme Court Bar

    One attorney hasn't lost a single U.S. Supreme Court case she's argued, or even a single justice's vote. One attorney is perhaps "the preeminent SCOTUS advocate." And one may soon become U.S. solicitor general, despite acknowledging there are "judges out there who don't like me." All three are among a dozen lawyers in the vanguard of the Supreme Court bar's next generation, poised to follow in the footsteps of the bar's current icons.

  • October 03, 2024

    Sens. Question If Payouts Taint Execs' Push For US Steel Deal

    Two U.S. senators wrote to U.S. Steel's president and CEO on Wednesday seeking guarantees that a $72 million "golden parachute" deal wasn't driving the executive's willingness to support a $14.1 billion merger with Japanese steelmaker Nippon Steel.

  • October 03, 2024

    Western Pa. DA Accused Of Abusing Power To Attack Rivals

    A former district attorney and the chief detective for Greene County, Pennsylvania, have been accused by the state attorney general of abusing their office by investigating political rivals, circumventing county officials' guidelines and attempting to create their own SWAT team.

  • October 02, 2024

    CFPB's $5M Student Loan Deal Gets OK Over PIMCO Objections

    A Pennsylvania federal judge has finalized a proposed $5 million settlement of a Consumer Financial Protection Bureau case that alleged pandemic-era servicing failures involving securitized student loans, overruling objections that money manager PIMCO raised on behalf of loan investors.

  • October 02, 2024

    Penn State Must Pay Trustee's Atty Fees During Internal Probe

    Penn State University must pay one of its trustees' legal fees stemming from an internal investigation, a Pennsylvania county judge has ruled, rejecting the school's argument that it was not obligated to advance him the expenses before the probe concluded.

  • October 02, 2024

    U.S. Steel Must Face Testing Suit Over Long-Gone Zinc Plant

    U.S. Steel can't escape a lawsuit from neighbors of a long-closed zinc refinery outside Pittsburgh seeking to make the company pay for long-term environmental testing, a Pennsylvania appellate panel ruled Tuesday, reasoning that the plaintiffs properly invoked a state law governing the cleanup of hazardous pollution.

  • October 02, 2024

    Pa. County Accused Of Failing To Thwart Alleged Harasser

    Delaware County, Pennsylvania, has been hit with a lawsuit claiming its officials ignored its emergency services director's sexual harassment of a female employee, in keeping with the county's alleged history of failing to protect women from the director's inappropriate behavior.

  • October 02, 2024

    14 States, DC Urge 11th Circ. To Uphold Train Crew Size Rule

    A coalition of 14 states and the District of Columbia urged the Eleventh Circuit to reject the railroad industry's attempt to vacate the U.S. Department of Transportation's final rule requiring all trains to be operated with at least two people, saying doing so would make rail operations less safe nationally.

  • October 02, 2024

    Sikorsky Must Face Chopper Crash Suit In US, Pa. Judge Says

    A Pennsylvania federal judge on Tuesday ordered a lawsuit against Sikorsky Aircraft by the estates of Canadian military personnel who died in a helicopter crash to remain in the U.S., finding the allegedly defective copter was designed, developed and upgraded here and litigating it in Pennsylvania would expedite resolution.

  • October 02, 2024

    ExecuPharm Agrees To Pay Ransomware Victims $10K Each

    U.S. pharmaceutical giant ExecuPharm will pay victims of a data breach up to $10,000 in reimbursements, compensation for lost time, three years of credit monitoring, and $675,000 in attorney fees after a Pennsylvania federal judge gave his final approval to a class action settlement.

  • October 01, 2024

    Jefferson Health Can't Ditch Suit Over Meta Data Sharing

    A Pennsylvania federal judge has refused to toss a proposed class action accusing Jefferson Health of unlawfully sharing patients' confidential health information with Meta Platforms Inc., finding that the plaintiffs had cured prior deficiencies to adequately support their wiretap and privacy claims.

  • October 01, 2024

    DOJ Says It Is Constitutional To Disarm Pot Patients

    The U.S. Department of Justice told a Pennsylvania federal judge Tuesday that a federal policy barring medical marijuana patients from lawfully possessing firearms is constitutional, and it urged the court to dismiss a legal challenge to the statute.

  • October 01, 2024

    TikTok Petitions 3rd Circ. To Review Section 230 Ruling

    TikTok asked for another crack in the Third Circuit on Tuesday, requesting an en banc rehearing of the appeals court's decision holding that its "For You Page" algorithm doesn't enjoy Section 230 immunity and reviving a suit accusing the app of recommending a "blackout challenge" that led to a 10-year-old's death.

  • October 01, 2024

    Ill. Judge Won't Crack Jury's $18M Egg Price-Fixing Verdict

    An Illinois federal judge said Monday that he wouldn't disturb a jury's since-trebled $17.7 million award to Kraft and three others that claimed two of the nation's largest egg producers and two industry groups conspired to raise prices, saying the jury heard enough to support their claims.

  • October 01, 2024

    Pennsylvania Gas Leaseholders Get Royalties Suit Certified

    Hundreds of Pennsylvania landowners with natural gas leases have been certified by a federal judge as a class in their lawsuit against Range Resources, which they say took more money out of their royalty payments than their contracts permitted.

  • October 01, 2024

    Client's Late Arrival, Bankruptcy Complicate Age Bias Suit

    The co-owner for a bankrupt Pittsburgh hotel almost lost his lawyer Tuesday, arriving late and introducing himself to the attorney for the first time in person at a hearing on the attorney's motion to withdraw from defending him against an ex-employee's age bias claim.

Expert Analysis

  • Mental Health First Aid: A Brief Primer For Attorneys

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    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.

  • Series

    Collecting Art Makes Me A Better Lawyer

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    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.

  • Litigation Inspiration: Honoring Your Learned Profession

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    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.

  • What Pennsylvania Can Expect From Anti-SLAPP Law

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    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.

  • Opinion

    AI May Limit Key Learning Opportunities For Young Attorneys

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    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.

  • Class Actions At The Circuit Courts: September Lessons

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    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.

  • How NLRB Memo Balances Schools' Labor, Privacy Concerns

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    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.

  • Series

    Round-Canopy Parachuting Makes Me A Better Lawyer

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    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.

  • And Now A Word From The Panel: The MDL Map

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    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.

  • Why Now Is The Time For Law Firms To Hire Lateral Partners

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    Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

  • What 7th Circ. Collective Actions Ruling Means For Employers

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    With the Seventh Circuit’s recent Fair Labor Standards Act ruling in Vanegas v. Signet Builders, a majority of federal appellate courts that have addressed the jurisdictional scope of employee collective actions now follow the U.S. Supreme Court's limiting precedent, bolstering an employer defense in circuits that have yet to weigh in, say attorneys at Jackson Lewis.

  • Considering Possible PR Risks Of Certain Legal Tactics

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    Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.

  • It's No Longer Enough For Firms To Be Trusted Advisers

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    Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.

  • Behind 3rd Circ. Ruling On College Athletes' FLSA Eligibility

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    The Third Circuit's decision that college athletes are not precluded from bringing a claim under the Fair Labor Standards Act raises key questions about the practical consequences of treating collegiate athletes as employees, such as Title IX equal pay claims and potential eligibility for all employment benefits, say attorneys at Debevoise.

  • Missouri Injunction A Setback For State Anti-ESG Rules

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    A Missouri federal court’s recent order enjoining the state’s anti-ESG rules comes amid actions by state legislatures to revise or invalidate similar legislation imposing disclosure and consent requirements around environmental, social and governance investing, and could be a blueprint for future challenges, say attorneys at Paul Hastings.

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