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Pennsylvania
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May 01, 2024
53 Govs. Want Say In Moving Nat'l Guard Staff To Space Force
The governors of 48 states and several U.S. territories warned the U.S. Department of Defense that allowing hundreds of Air National Guard personnel to be transferred to the U.S. Space Force without the governors' approval undermines their authority over their states' military readiness.
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May 01, 2024
Attys Seek $95M In Fees For Elite Schools' Aid-Fixing Deals
Class counsel representing students who accused 17 top universities of colluding to fix student aid packages have asked an Illinois federal judge to award them $94.7 million in fees plus $3.5 million in expenses for securing $284 million in settlements with 10 schools.
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May 01, 2024
Teachers Say Pa. Can't Nix Equal Pay Suit
A Pennsylvania school district can't snag a win on claims that it paid women teachers less than their male colleagues because it is clear that while the teachers performed comparable work, the pay was different, the women told a federal court.
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April 30, 2024
Ex-Olympus Exec Says He Was Fired For Flagging FDA Issue
The former global head of product development at medical manufacturer Olympus Corp. said he was fired earlier this year after he reported multiple compliance concerns regarding the company's practices and related to nearly 100 products, according to a suit filed Monday in Pennsylvania federal court.
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April 30, 2024
3rd Circ. Preview: Kavanaugh Classmate Takes On HuffPost
The Third Circuit's May lineup will find the court weighing HuffPost's battle with an allegedly libeled former classmate of U.S. Supreme Court Justice Brett Kavanaugh and claims by consumers alleging they bought defective Bayer antifungal medicine.
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April 30, 2024
Pa. Schools Say Railcar Cos. Must Face Derailment Claims
Pennsylvania school districts have told a federal judge that railcar companies cannot evade allegations they negligently shipped toxic chemicals in retrofitted tank cars during last year's Norfolk Southern derailment in East Palestine, Ohio, saying the environmental and health harms in their communities can be tied to the companies' conduct.
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April 30, 2024
Welch's Says Worker Should Stay Fired In Dispute With Union
Welch Foods Inc. on Tuesday said a Pennsylvania magistrate judge is wrong to say the company should be forced to rehire a Teamsters-represented worker it fired for making vulgar comments to a female co-worker, saying the words the ex-employee used should be construed as sexual harassment.
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April 30, 2024
Crypto Exec Denies $2B Laundering Charges, Is Out On Bail
The CEO of crypto mixer Samourai Wallet has pled not guilty to charges he helped facilitate over $2 billion in illegal transactions and was released on $1 million bail after surrendering to federal authorities voluntarily.
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April 30, 2024
3rd Circ. Denies Rehearing In Pa. Mail-In Ballot Case
The Third Circuit has rejected a do-over of its decision not to count Pennsylvania mail-in ballots with missing or incorrect dates on their outer envelopes, denying a request from voting rights groups for a rehearing Tuesday.
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April 30, 2024
Special Master Rejects Fee Bid In NFL Concussion Case
Goldberg Persky & White PC should not receive a cut of legal fees for its unsuccessful efforts to receive a settlement that another law firm later secured for a former National Football League player related to concussion-linked disability claims, a special master has said.
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April 29, 2024
Ex-Girlfriend Can Claim Late P&G Worker's Investment Funds
The ex-girlfriend of a deceased Procter & Gamble employee can receive over $754,000 he had in his investment account after a decades-long career with the company, a Pennsylvania federal judge ruled Monday, finding that the employee's estate hadn't shown he was misled about who he'd chosen as a beneficiary.
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April 29, 2024
Pa. Retirement Home Wants Ed Board Tax Challenge Nixed
The nonprofit owner of a retirement community in a suburb of Pittsburgh has filed a lawsuit against the local school board claiming that the board violated a soon-to-expire payment in lieu of taxes, or PILOT, agreement that was brokered almost 15 years ago.
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April 29, 2024
Catching Up With Delaware's Chancery Court
A multibillion-dollar Tesla trust proposal, a Truth Social bond, power plays over Prince's estate, and three in the ring for World Wrestling Entertainment. All of this and much more came up in Delaware Chancery Court dockets last week.
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April 29, 2024
Pa. County Counters Sanctions Bid In Dominion Suit
Local officials in Fulton County, Pennsylvania, have urged a federal judge to punish Dominion Voting Systems Inc. for its motion filed last month calling for sanctions against two county commissioners for filing an amended complaint in a breach of contract suit.
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April 29, 2024
DOL Wants Quick Win In Pa. Care Co. Wage Suit
The U.S. Department of Labor urged a Pennsylvania federal judge on Monday to grant it a pretrial win in its case accusing a private healthcare agency of failing to pay in-home caregivers overtime and minimum wages, saying the workers are protected by federal wage law.
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April 29, 2024
Aetna Can't Arbitrate Aramark's Suit Over Billing Issues
A Texas federal judge refused to boot to arbitration a suit Aramark filed against Aetna accusing the insurer of costing the food services company millions by approving shoddy health benefit claims, saying the allegations fall into a carveout in the parties' arbitration agreement.
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April 29, 2024
Philips Inks $1.1B Deal To Resolve CPAP Injury Claims
The plaintiffs' attorneys leading a multidistrict litigation against Koninklijke Philips NV and some of its American subsidiaries announced Monday that they had reached a $1.1 billion settlement agreement for plaintiffs claiming that degraded foam in their breathing machines caused them personal injuries or will require long-term medical monitoring.
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April 26, 2024
Law360 Reveals Titans Of The Plaintiffs Bar
In the past year, plaintiffs have won settlements and judgments for millions and billions of dollars from companies such as Wells Fargo, Goldman Sachs, Facebook and Fox News, with many high-profile cases finally wrapping up after years of fighting. Such cases — involving over-the-top compensation packages, chemical contamination, gender discrimination and data mining — were led by attorneys whose accomplishments earned them recognition as Law360's Titans of the Plaintiffs Bar for 2024.
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April 26, 2024
Thomas' Long Quest To Undo A 'Grave Constitutional Error'
A quarter-century after Justice Clarence Thomas cast a pivotal vote against jury trial rights and rapidly regretted it, his relentless campaign to undo the controversial precedent is suddenly center stage with a serious shot at succeeding, as judges and lawyers increasingly deem the decision dubious and the U.S. Supreme Court chips away at its edges.
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April 26, 2024
Republic First Bank Fails In Biggest Bust Since 2023 Turmoil
Republic First Bank, a roughly $6 billion bank based in Philadelphia, was shuttered Friday by Pennsylvania state banking regulators and sold to Fulton Bank NA, capping off a prolonged decline that only worsened in the wake of last spring's regional bank failures.
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April 26, 2024
Health Co. Not Liable For Cigna Underpayment, 3rd Circ. Says
The Third Circuit on Friday backed a win for a healthcare cost management company in a suit over Cigna's alleged underpayment for plastic surgery, finding the contract between the company and a plastic surgery practice did not guarantee a set payment rate.
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April 26, 2024
Doctor Keeps Trial Win In Death Suit Over Patient's Blood Clot
A Pennsylvania appeals panel has let a primary care physician keep his trial win in a suit over the death of one of his patients from a blood clot, rejecting arguments that the trial court wrongly excluded evidence and unfairly allowed separate attorneys to make opening and closing statements for the doctor and his practice group.
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April 26, 2024
NJ Solar Co. To Settle Claims It Ignored Do Not Call List
Apollo Energy Co. and the Pennsylvania man who accused it of repeatedly calling consumers who had put their phone numbers on the national Do Not Call registry or who had already asked not to call them again have agreed to settle their dispute, the parties said.
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April 26, 2024
Investors Ask 3rd Circ. To Revive Row With Maiden Holdings
Investors urged the Third Circuit to revive their suit claiming that reinsurance company Maiden Holdings Ltd. misrepresented its underwriting and risk management practices, saying the lower court's erroneous discovery restriction prevented them from proving their case.
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April 26, 2024
CVS Customers Say Colo. Co. 'Eavesdrops' On Web Activity
Two consumers who used CVS.com to order prescription refills have filed a putative class action against a Colorado software service provider claiming it illegally eavesdrops on visitors' interactions with the website without their knowledge, even gathering information about specific drugs and dosages they purchased.
Expert Analysis
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Tales From The Trenches Of Remote Depositions
As practitioners continue to conduct depositions remotely in the post-pandemic world, these virtual environments are rife with opportunities for improper behavior such as witness coaching, scripted testimony and a general lack of civility — but there are methods to prevent and combat these behaviors, say Jennifer Gibbs and Bennett Moss at Zelle.
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Opinion
Mallory Opinion Implicitly Overturned NC Sales Tax Ruling
The U.S. Supreme Court recently declined to review Quad Graphics v. North Carolina Department of Revenue, but importantly kicked the legs from under Quad's outcome a week later, stating in its Mallory decision that the high court has the prerogative to overrule its own decisions, says Richard Pomp at the University of Connecticut.
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Employer Drug-Testing Policies Must Evolve With State Law
As multistate employers face ongoing challenges in drafting consistent marijuana testing policies due to the evolving patchwork of state laws, they should note some emerging patterns among local and state statutes to ensure compliance in different jurisdictions, say attorneys at Troutman Pepper.
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Level Up Lawyers' Business Development With Gamification
With employee engagement at a 10-year low in the U.S., there are several gamification techniques marketing and business development teams at law firms can use to make generating new clients and matters more appealing to lawyers, says Heather McCullough at Society 54.
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Mallory Ruling Leaves Personal Jurisdiction Deeply Unsettled
In Mallory v. Norfolk Southern Railway, a closely divided U.S. Supreme Court recently rolled back key aspects of its 2017 opinion in Daimler AG v. Bauman that limited personal jurisdiction, leaving as many questions for businesses as it answers, say John Cerreta and James Rotondo at Day Pitney.
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5 Ways Firms Can Rethink Office Design In A Hybrid World
As workplaces across the country adapt to flexible work, law firms must prioritize individuality, amenities and technology in office design, says Kristin Cerutti at Nelson Worldwide.
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False Ad Snapshot Shows Risks Of Geographic Origin Claims
A look at recent and historical cases involving deceptive use of geographic origin descriptors show that companies proclaiming they are American, but that sell products originating from outside the U.S., could be at risk under unfair competition laws or Federal Trade Commission enforcement, say attorneys at Carlson Gaskey.
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Opinion
Bar Score Is Best Hiring Metric Post-Affirmative Action
After the U.S. Supreme Court's ruling striking down affirmative action admissions policies, law firms looking to foster diversity in hiring should view an applicant's Multistate Bar Examination score as the best metric of legal ability — over law school name or GPA, says attorney Alice Griffin.
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New Health Data Compliance Considerations For Pa. Lawyers
Given the regularity with which attorneys handle private health information, it is important for Pennsylvania firms to understand recent significant amendments to the state's data breach law, which address information not currently covered by federal law, says Mark Mattioli at Post & Schell.
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2 Years Later: TransUnion's Impact On Data Breach Litigation
In the two years since the U.S. Supreme Court’s landmark TransUnion decision, plaintiffs have sought to bypass the effects of the ruling — which poses a significant impediment to large data breach class actions and uncertainty for cyber insurers — through various clever pleading forms, say Jason Fagelman and Sarah Cornelia at Norton Rose, and Amanda Thai at Beazley.
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Ghosting In BigLaw: How To Come Back From Lack Of Feedback
Junior associates can feel powerless when senior colleagues cut off contact instead of providing useful feedback, but young attorneys can get back on track by focusing on practical professional development and reexamining their career priorities, says Rachel Patterson at Orrick.
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Supreme Court's NC Election Map Ruling Protects Pa. Voters
By assuring the applicability of state constitutional provisions to state election laws, the U.S. Supreme Court's recent decision, Moore v. Harper, represents a significant victory for fair elections — especially in Pennsylvania, where courts have applied the state's free and equal elections clause to forbid partisan gerrymandering, say Robert Wiygul and John Hill at Hangley Aronchick.
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Worker Accommodations After Justices' Religious Bias Ruling
While the U.S. Supreme Court's recent Groff v. DeJoy decision makes it easier for employees to obtain religious accommodations under Title VII, it also guarantees more litigation over what counts as a substantial hardship for businesses, as lower courts will have to interpret the exact contours of the new standard, says Caroline Corbin at the University of Miami School of Law.
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Opinion
States Must Fight Predatory Real Estate Listing Agreements
As momentum against long-term real estate listing agreements continues to grow, states should take action to render existing agreements unenforceable and discourage future unfair and deceptive trade practices in real estate, says Elizabeth Blosser at the American Land Title Association.
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Steps To Success For Senior Associates
Excerpt from Practical Guidance
Adriana Paris at Rissman Barrett discusses the increased responsibilities and opportunities that becoming a senior associate brings and what attorneys in this role should prioritize to flourish in this stressful but rewarding next level in their careers.