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Pennsylvania
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June 05, 2024
3rd Circ. Won't Put Trade Secrets Atty Fee Fight Before Jury
The Third Circuit on Wednesday backed a jury verdict in favor of two former employees that a power trading company claimed took trade secrets to start a new firm, but rejected one defendant's bid to have a jury determine whether he gets attorney fees for what he called "bad-faith" litigation.
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June 05, 2024
Ex-Sacks Weston Atty Blames 'Toxic' Firm For His Theft
A Philadelphia attorney convicted of defrauding his former law firm told a state ethics panel Wednesday that he was remorseful for his deeds, but he noted he was driven to his crime by being owed money by his firm for too long.
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June 05, 2024
From Small Town To 11th Circ., Nominee Pledges 'Open Mind'
A nominee for an Eleventh Circuit seat on Wednesday discussed his small-town upbringing, award-winning career as a prosecutor and the "obligation" he feels to be a role model for others considering a career in the law, saying he would approach cases with an "open mind" if confirmed to the federal appeals court.
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June 05, 2024
Pa. Panel Erases $8.3M Atty Fee Win In Chlorine Leak Case
The Pennsylvania Superior Court has overturned an $8.3 million attorney fee award in a lawsuit over chlorine gas damage to a chemical plant and its workers, but preserved a nearly $14.3 million judgment in favor of the plant's owner.
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June 05, 2024
3rd Circ. Debates Length Of Breaks In $7M Wage Case
A Third Circuit panel tried on Wednesday to pin down when the U.S. Department of Labor and an in-home care agency believed that employees were off-duty or just traveling between jobs, and whether the company's lack of travel-time records left it open to a $7 million judgment based on government estimates.
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June 04, 2024
Monsanto Gets $2.25B Roundup Verdict Slashed To $404M
A Pennsylvania judge on Tuesday slashed a $2.25 billion verdict awarded to a cancer patient who claimed Monsanto's glyphosate-based weedkiller Roundup contributed to his lymphoma, reducing the jury's 10-figure damages award to $404 million after the Bayer AG subsidiary argued that the initial award was "unconstitutionally excessive."
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June 04, 2024
Zantac Suits Belong In Conn. State Court, Cancer Patients Say
Lawsuits claiming Zantac and its generic equivalents caused cancer belong in Connecticut state court, two groups of Constitution State cancer patients and their estates say, arguing against several drugmakers' assertions that they can't be sued in the state on innovator and warning label liability claims.
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June 04, 2024
New Trial Ordered In Uber Drivers' Misclassification Suit
A Pennsylvania federal judge greenlighted a second trial Tuesday to determine whether drivers for Uber's high-end ride-share option are independent contractors after a jury couldn't come to an agreement on the issue in March.
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June 04, 2024
Property Company Must Face Ex-Manager's Race Bias Suit
A Pennsylvania federal judge denied a real estate firm's effort to take an early win over a discrimination and retaliation suit brought by one of its Black former property managers, ruling that there are still too many open questions about the worker's treatment as she oversaw a problem-ridden Ohio apartment complex.
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June 04, 2024
3rd Circ. Doubtful NJ Temp Worker Law Is Unconstitutional
A Third Circuit panel on Tuesday seemed skeptical that a New Jersey law geared toward protecting temporary workers was unconstitutionally protectionist, despite an apparent acknowledgment of industry groups' fears that it could destroy the temp staffing agency industry in the Garden State.
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June 04, 2024
Aircraft Engine Co. Aims To Sink Suit Of Its Former Attorney
An aircraft engine manufacturer sued by its former attorney over what she said was a malicious lawsuit against her for leaving to represent plaintiffs suing the company has asked a federal judge to toss her Dragonetti Act case.
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June 04, 2024
Buchanan Ingersoll Denies Deceit Over Harrisburg Incinerator
Buchanan Ingersoll & Rooney PC didn't give Harrisburg, Pennsylvania, bad advice when it set up a debt deal that allowed construction to continue on a controversial incinerator project that sent the state capital into financial distress, an attorney for the firm told the Pennsylvania Commonwealth Court on Tuesday.
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June 04, 2024
MLB Player Banned For Life For Betting Violations
Major League Baseball has permanently banned San Diego Padres infielder Tucupita Marcano, and handed down a one-year ban to Oakland Athletics pitcher Michael Kelly and three minor leaguers, for betting on baseball, according to a Tuesday statement.
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June 03, 2024
MLB Says Padres Star May Have Breached Betting Rules
San Diego Padres infielder Tucupita Marcano is being investigated for allegedly placing bets on baseball games last season while he was playing for the Pittsburgh Pirates, a Major League Baseball spokesperson confirmed Monday.
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June 03, 2024
'Luxury' Wasn't Part Of Mansion Deal, 3rd Circ. Told
An attorney for a luxury home-building company asked the Third Circuit on Monday to throw out a six-figure judgment against the company for allegedly falling short on its promise to construct a high-end house for two Western Pennsylvania homeowners, arguing the customers' suit was not based on promises made in the contract but on vague marketing statements.
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June 03, 2024
PPG Blames Enviro Groups For Pa. Site Cleanup Delay
PPG Industries told a Pennsylvania federal judge Monday that the company shouldn't be fined for delaying its cleanup of an industrial waste site outside Pittsburgh because it was ready to start work in the 1990s but was slowed by infeasible demands from state regulators and environmental groups.
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June 03, 2024
FERC Tells Justices Not To Review Rule Passed By Deadlock
The Federal Energy Regulatory Commission on Friday urged the U.S. Supreme Court not to disturb a Third Circuit decision upholding an electricity market rule change that took effect despite a commissioner deadlock, arguing the lower court got it right and that any market upheaval concerns are unfounded.
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June 03, 2024
Vanguard Investors Want Class Cert. In Tax Liability Fight
Investors accusing Vanguard and its top brass of violating its fiduciary duties by triggering a sell-off of assets in target retirement funds in an attempt to lower fees, leaving smaller investors with massive tax bills, asked a Pennsylvania federal court to certify them as a class.
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June 03, 2024
3rd Circ. Backs Bad Subpoena Sanction In Race, Sex Bias Suit
The Third Circuit has upheld a $6,720 fee sanction against a New Jersey attorney for serving an intentionally misleading subpoena while representing a Garden State management company against federal race and sex bias claims.
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June 03, 2024
Justices Won't Mull Worker-Friendly Ruling On Preshift Pay
The U.S. Supreme Court declined on Monday to hear a case asking how to decide when an employer must pay employees for time they spend on preshift tasks that are necessary for them to do their jobs.
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May 31, 2024
Subaru Drivers Reach Class Deal Over Defective Fuel Pumps
A group of Subaru of America Inc. drivers asked a New Jersey federal judge Thursday to greenlight a settlement resolving proposed class claims that they bought or leased cars containing defective fuel pumps, saying the deal would provide "concrete, real-world benefits" via reimbursements and extended warranties.
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May 31, 2024
Real Estate Recap: Courthouse Facelifts, Appraisal Bias
Catch up on this week's key developments by state from Law360 Real Estate Authority — including how federal money will refresh seven courthouses around the country and what Freddie Mac's former multifamily appraisal chief thinks about appraisal bias and market distress.
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May 31, 2024
Coinbase Says 'Unworkable' Crypto Enforcement Needs Rules
Crypto exchange Coinbase told the Third Circuit on Friday that anything less than ordering the U.S. Securities and Exchange Commission to write rules for digital assets will "abet the dithering and delay" tactics that the regulator is using to "bludgeon" and "cripple" the industry with enforcement cases.
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May 31, 2024
3rd Circ. Preview: Labor Battles Heat Up In June
Several cases are heating up the Third Circuit argument calendar in June, including a home care company's attempt to duck a $7 million payout to thousands of workers who claimed the company violated the Fair Labor Standards Act by not compensating them for travel time.
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May 31, 2024
Pa. Media Co. Must Face Ex-Editor's Age, Disability Bias Suit
A local media company can't dodge a former editor's lawsuit claiming she was fired and replaced with younger workers for requesting to work from home because of arthritis, a Pennsylvania federal judge ruled, finding her allegations were detailed enough to move forward.
Expert Analysis
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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2 Emerging Defenses For Website Tracking Class Actions
Putative class actions premised on state wiretapping statutes that bar website activity tracking continue to be on the rise, but they are increasingly being dismissed on two procedural grounds, says Sheri Pan at ZwillGen.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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Justices Stay The Course In Maritime Choice-Of-Law Ruling
The U.S. Supreme Court's narrowly drawn decision in Great Lakes Insurance v. Raiders Retreat Realty, enforcing the underlying insurance contract's choice-of-law provision, carefully distinguishes those provisions from forum selection clauses, and ensures that courts will not apply its precepts outside the maritime context, says John Coyle at the University of North Carolina.
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5 Lessons For SaaS Companies After Blackbaud Data Breach
Looking at the enforcement actions that software-as-a-service provider Blackbaud resolved with state attorneys general, the U.S. Securities and Exchange Commission and the Federal Trade Commission in the past year can help SaaS companies manage these increasingly common forms of data breaches, say attorneys at Orrick.
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A Refresher On Witness Testimony In 3 Key Settings
The recent controversy over congressional testimony from university presidents about antisemitism on campus serves as a reminder to attorneys about what to emphasize and avoid when preparing witnesses to testify before Congress, and how this venue differs from grand jury and trial proceedings, say Jack Sharman and Tyler Yarbrough at Lightfoot Franklin.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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Preparing For DOJ's Data Analytics Push In FCPA Cases
After the U.S. Department of Justice’s recent announcement that it will leverage data analytics in Foreign Corrupt Practice Act investigations and prosecutions, companies will need to develop a compliance strategy that likewise implements data analytics to get ahead of enforcement risks, say attorneys at Cozen O'Connor.
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2nd Circ. Ruling Will Guide Social Media Account Ownership
The Second Circuit’s recent decision in JLM Couture v. Gutman — which held that ownership of social media accounts must be resolved using traditional property law analysis — will guide employers and employees alike in future cases, and underscores the importance of express agreements in establishing ownership of social media accounts, says Joshua Glasgow at Phillips Lytle.
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3 Principles For Minimizing The Risk Of A Nuclear Verdict
In one of the latest examples of so-called nuclear verdicts, a single plaintiff was awarded $2.25 billion in a jury trial against Monsanto — revealing the need for defense attorneys to prioritize trust, connection and simplicity when communicating with modern juries, say Jenny Hergenrother and Mia Falzarano at Alston & Bird.
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Series
Coaching High School Wrestling Makes Me A Better Lawyer
Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.
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SG's Office Is Case Study To Help Close Legal Gender Gap
As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.
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Employer Trial Tips For Fighting Worker PPE Pay Claims
Courts have struggled for decades to reach consensus on whether employees must be paid for time spent donning and doffing personal protective equipment, but this convoluted legal history points to practical trial strategies to help employers defeat these Fair Labor Standards Act claims, say Michael Mueller and Evangeline Paschal at Hunton.
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Reimagining Law Firm Culture To Break The Cycle Of Burnout
While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.