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Pennsylvania
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September 23, 2025
OTC Drug Co. Must Face Shampoo Cancer Risk Class Action
A Pennsylvania federal judge denied Lake Consumer Products Inc.'s request to toss a putative class action alleging it manufactures coal tar shampoo with known carcinogens, reasoning that most of the claims against the company were plausible enough to move forward.
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September 23, 2025
Sandisk Gets Support In 'Settled Expectations' Challenge
Industry groups, professors and Unified Patents are backing Sandisk Technologies Inc.'s Federal Circuit challenge to the U.S. Patent and Trademark Office's policy of denying review of patents based on the owner's "settled expectations," saying it flouts the law and undermines the patent review system.
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September 23, 2025
Engineering Firm Calls Post-Bridge Collapse Docs Privileged
Documents and emails produced by an engineering firm after the collapse of Pittsburgh's Fern Hollow Bridge in 2022 but before the firm was named in lawsuits were still privileged, the engineers' attorney told a Pennsylvania judge on Tuesday.
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September 23, 2025
DHS Floats H-1B Rule To Prioritize Higher-Paid Workers
The Trump administration proposed a rule on Tuesday to change the H-1B lottery process to one that gives priority to higher-skilled workers at companies offering better pay, according to a Federal Register notice.
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September 23, 2025
$6.6M IRS Civil Fraud Penalty Ruled Constitutional
A Pennsylvania federal judge upheld a $6.6 million civil fraud tax penalty against an insurance broker over its captive deductions, ruling Tuesday that the Internal Revenue Service's assessment of the penalty without a jury trial was constitutional.
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September 23, 2025
Apple Gets Judge To Ax MyPort Patent Suit Under Alice
A Delaware federal court on Tuesday tossed for now MyPort Technologies Inc.'s lawsuit claiming Apple Inc. infringed four patents with its smartphones and tablets, finding all the patents were just "conventional."
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September 23, 2025
Ship's Owner Can't Shift Blame For Bridge Collapse, Court Told
The Singaporean owner and manager of the container ship that slammed into Baltimore's Francis Scott Key Bridge and triggered its collapse cannot try to shift blame for its own failings, the South Korean shipbuilder HD Hyundai Heavy Industries Co. Ltd. has told a Pennsylvania federal court.
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September 23, 2025
No Early Out For NY Firm In Insurer's Malpractice Coverage Suit
A New York-based law firm cannot throw out an insurance company's lawsuit seeking to be let off the hook from covering the firm against a malpractice claim, a Philadelphia federal judge has found, determining that factual questions in the case meant early dismissal was not an option.
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September 23, 2025
Atty-Trustee Conflicts Doom Scaife Estate's $26M Tax Refund
A Strassburger McKenna Gutnick & Gefsky attorney was also acting as Mellon heir Richard Scaife's lawyer, trustee and media executive when he signed releases that kept Scaife's spending of his inheritance secret from his children, so a resulting $200 million settlement between the children and Scaife's estate was not a bona fide tax-exempt expense, a Pennsylvania appeals court ruled Tuesday.
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September 23, 2025
Westlaw Notes Uncopyrightable, AI Company Tells 3rd Circ.
An artificial intelligence-powered legal search engine has asked the Third Circuit to reverse a district court's decision that its use of Westlaw headnotes did not constitute fair use, arguing its utilization of them "radically promoted scientific progress" and increased access to justice.
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September 23, 2025
Pa. Road Worker Says Unsafe Equipment Cost Him His Arm
A Pennsylvania road worker is suing an equipment supplier and a manufacturer in state court, alleging he lost his arm because of the equipment's unsafe design, as it lacked safeguards that would've stopped him from getting caught in the machinery.
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September 23, 2025
Pa. Health Network To Pay $1.15M In 401(k) Forfeiture Suit
A Pennsylvania health system agreed to pay workers $1.15 million to resolve a federal suit alleging it unlawfully used forfeited retirement plan funds to satisfy its contribution obligations and allowed workers to be overcharged for plan administrative fees.
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September 22, 2025
$100K H-1B Fee Will Likely Hurt Both US And Foreign Workers
The new $100,000 fee for H-1B visas, which took effect on Sunday with little advance notice, blindsided immigration attorneys who told Law360 that it could ultimately hurt domestic workers by driving U.S. companies to do business elsewhere.
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September 22, 2025
Judge Blocks New Claims In BNY Mellon Self-Dealing Suit
A pair of investors with the Bank of New York Mellon can't use an amended complaint to raise a relatively new theory of liability against the bank nearly five years after filing their original suit, a Pennsylvania federal judge ruled Monday.
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September 22, 2025
Parents Want Roblox Grooming Suits Consolidated In Calif.
Parents who claim their children were groomed and exploited by sexual predators on Roblox's popular gaming platform say their cases should be consolidated and sent to the Northern District of California since their cases are almost identical, according to a recent petition.
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September 22, 2025
J&J Ruling Misapplied Goldman Precedent, 3rd Circ. Told
The U.S. Chamber of Commerce and other business organizations are supporting Johnson & Johnson's call for the full Third Circuit to reconsider a ruling that the groups argue could "saddle" companies with investor class-action suits through the misapplication of a recent U.S. Supreme Court ruling.
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September 22, 2025
Split Pa. Panel Clarifies Limits Of Vehicle Search Consent
A split Pennsylvania Superior Court panel held in a precedential ruling that a defendant asking a police officer to search his vehicle for his phone and keys does not give law enforcement permission to rummage through bags and other items in the car.
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September 22, 2025
3rd Circ. Slams Attys For Debt Disputes Designed To Fail
Pittsburgh law firm J.P. Ward & Associates sent rambling, handwritten debt dispute letters in its clients' names that were intended to fail so the attorneys could sue collectors for not recognizing the dispute, a Third Circuit panel said Monday in upholding sanctions against the firm in a pair of lawsuits.
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September 22, 2025
Pa. Court Backs Toss Of Malpractice Suit Against NY Atty
A Pennsylvania appellate court won't revive a paint removal chemical company's malpractice suit against an intellectual property attorney it had hired to review one of its products, saying there weren't enough ties to the commonwealth for the case to proceed there.
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September 19, 2025
Trump Tags H-1B Visa Apps With $100,000 Fee
President Donald Trump on Friday signed an executive order to impose a $100,000 fee for H-1B visas, framing it as a "restriction on entry" necessary to stem the entry of high-skilled foreign workers, particularly in science and technology fields.
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September 19, 2025
Real Estate Recap: Rate Cut, REIT Rules, Construction Debt
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including reactions to the Fed's interest rate cut, new guidance for states reviewing securities issued by public nonlisted real estate investment trusts, and a look at the banks with the most construction debt.
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September 19, 2025
Pa. Court Upholds 'Geofencing' Warrant In Assault Case
A Pennsylvania appeals court has ruled randomized phone data obtained through a search warrant served on Google was lawfully used to help convict a suspect and that the procurement of such data does not constitute an unconstitutional search.
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September 19, 2025
3rd Circ. Nixes Sentence's Reliance On 'Relevant Conduct'
The window for weighing a criminal defendant's past convictions starts with the offense for which that defendant is being sentenced, even if there was "relevant conduct" earlier, a Third Circuit panel ruled Friday.
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September 19, 2025
McCarter & English Expands In Philly With Ex-Federal Atty
A former assistant U.S. attorney has recently left the public sector and returned to private practice as a litigator with McCarter & English LLP's Philadelphia office.
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September 19, 2025
Union's $3.5M OT Pension Suit Win Overturned At 3rd Circ.
The Third Circuit overturned Friday a pipe fitters and plumbers union local's $3.5 million win in a dispute with a commercial real estate company over pension contributions related to overtime hours, holding that the parties' collective bargaining agreements didn't obligate the employer to pay additional benefits.
Expert Analysis
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Conflicting Developments In Homelessness Legal Landscape
Looking at an executive order and Third Circuit opinion from last month highlights the ongoing tension in homelessness-related legal issues facing state and local governments, property owners, and individuals experiencing homelessness, says Josh Collins, an attorney for the City of South Salt Lake.
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Opinion
Bar Exam Reform Must Expand Beyond A Single Updated Test
Recently released information about the National Conference of Bar Examiners’ new NextGen Uniform Bar Exam highlights why a single test is not ideal for measuring newly licensed lawyers’ competency, demonstrating the need for collaborative development, implementation and reform processes, says Gregory Bordelon at Suffolk University.
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A Simple Way Courts Can Help Attys Avoid AI Hallucinations
As attorneys increasingly rely on generative artificial intelligence for legal research, courts should consider expanding online quality control programs to flag potential hallucinations — permitting counsel to correct mistakes and sparing judges the burden of imposing sanctions, say attorneys at Lankler Siffert & Wohl and Connors.
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The Evolving Legal Landscape For THC-Infused Beverages
A recent Eighth Circuit ruling, holding that states may restrict the sale of intoxicating hemp-derived products without violating federal law, combined with ongoing regulatory uncertainty at both the federal and state levels, could alter the trajectory of the THC-infused beverage market, say attorneys at Pashman Stein.
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Series
Creating Botanical Art Makes Me A Better Lawyer
Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.
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2 Circuit Court Rulings Offer A Class Certification Primer
Two recent decisions from the Third and Sixth Circuits provide guidance on the rigorous analysis of predominance that courts might require for class certification, and insights into how defendants might oppose or narrow potential class actions, say attorneys at DLA Piper.
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Supreme Court's Criminal Law Decisions: The Term In Review
Though the U.S. Supreme Court’s criminal law decisions in its recently concluded term proved underwhelming by many measures, their opinions revealed trends in how the justices approach criminal cases and offered reminders for practitioners, says Kenneth Notter at MoloLamken.
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Compliance Is A New Competitive Edge For Mortgage Lenders
So far, 2025 has introduced state and federal regulatory turbulence that is pressuring mortgage lenders to reevaluate the balance between competitive and compliant employee and customer recruiting practices, necessitating a compliance recalibration that prioritizes five key strategies, say attorneys at Mitchell Sandler.
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Opinion
The Legal Education Status Quo Is No Longer Tenable
As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.
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E-Discovery Quarterly: Rulings On Relevance Redactions
In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.
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Opinion
Section 1983 Has Promise After End Of Nationwide Injunctions
After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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Lessons On Parallel Settlements From Vanguard Class Action
A Pennsylvania federal judge’s unexpected denial of a proposed $40 million settlement of an investor class action against Vanguard highlights key factors parties should consider when settlement involves both regulators and civil plaintiffs, say attorneys at Ropes & Gray.
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.