Pennsylvania

  • November 13, 2024

    3rd Circ. Wary Of Easing Cheesesteak Shop Owner's Sentence

    Third Circuit judges seemed mostly skeptical of overturning an extension to the prison sentence of a Philadelphia cheesesteak shop owner who admitted to paying employees off the books, saying during oral arguments it was unclear whether the employees should be considered co-conspirators in the tax fraud.

  • November 13, 2024

    Settlement Talks Falter In Schnader Harrison Pension Fight

    Negotiations between a former Schnader Harrison Segal & Lewis LLP partner and the now-shuttered firm appear to have failed for now in the former partner's proposed Employee Retirement Income Security Act class action as the parties missed the deadline for a deal this week.

  • November 13, 2024

    Blue Cross Workers Get Final OK On $667K Unpaid OT Deal

    A Pennsylvania federal judge greenlighted a $667,000 deal that resolves two customer service representatives' proposed class action accusing a Blue Cross Blue Shield licensee of failing to compensate them for their preshift tasks, which they said led them to lose out on overtime pay.

  • November 12, 2024

    3rd Circ. Won't Revive Port Authority Worker's Race Bias Suit

    The Third Circuit won't revive a Black woman's suit claiming the Port Authority of New York and New Jersey didn't promote her because of her race and her complaints about discrimination, ruling that the bistate agency had legitimate, nondiscriminatory reasons for not promoting her.

  • November 12, 2024

    Penn State TM Jury Asked To Ponder Sponsorship Confusion

    A central Pennsylvania federal jury will have to weigh whether consumers are likely to be confused by a Seattle-based online retailer's use of historic logos and art associated with Pennsylvania State University, with opening arguments Tuesday promising dueling experts on consumer surveys and interpretations of trademark law.

  • November 12, 2024

    Nationstar Gets COVID-19 Loan Aid Suit Tossed For Good

    Nationstar Mortgage has beaten for good a lawsuit alleging it wrongly denied COVID-19 loss mitigation assistance for delinquent mortgages, with a Pennsylvania federal judge ruling homeowners did not amend their suit to prove the company violated the law.

  • November 12, 2024

    Pennsylvania Atty Text Solicitation Ban Stands, For Now

    A Pennsylvania federal judge on Tuesday declined to temporarily halt the state's prohibition on attorneys soliciting potential clients using text messages while litigation filed by a legal marketer over the legality of the ban plays out, reasoning that there was no threat of irreparable harm to the company.

  • November 12, 2024

    3rd Circ. Says County Not Liable For Accused Harassers' Acts

    The Third Circuit refused to give a Delaware county worker a second shot at his suit claiming one male colleague targeted him with homophobic and racist harassment and another sexually assaulted him, saying the worker didn't do enough to put the company on notice that it needed to intervene.

  • November 08, 2024

    Tort Report: Royal Caribbean Spycam Victim Seeks Class Suit

    A proposed class action over Royal Caribbean Cruises Ltd.'s alleged failures regarding an employee's surreptitious installation of cameras in passengers' cabins and a D.C. Circuit ruling on a gun magazine ban lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

  • November 08, 2024

    Real Estate Recap: Trump, Big 4, Office Demand?

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including how the next Trump administration could affect commercial real estate, where the Big Four brokers saw traction in Q3 and an interesting anomaly in the distressed office market.

  • November 08, 2024

    PPG Seeks $23M Fees In Sherwin-Williams Coating IP Suit

    PPG Industries told a Pennsylvania federal judge Friday that Sherwin-Williams should pay it $23 million in attorney fees after the Federal Circuit backed a jury's verdict invalidating five paint coating patents, saying the litigation was "premised on directly contradicting" admissions Sherwin made to the U.S. Patent and Trademark Office.

  • November 08, 2024

    GOP Candidate Sues To Nix Pa. Ballots In Tight Race

    Republican senatorial candidate for Pennsylvania Dave McCormick, who claimed victory over longtime Democratic incumbent Bob Casey by a razor-thin margin, is nonetheless challenging the validity of up to 20,000 provisional ballots in the U.S. Senate race.

  • November 08, 2024

    Landowners Ink $6.5M Deal To Cap Inactive Gas Wells

    A group of landowners is asking a West Virginia federal court to approve a proposed settlement that would have Diversified Energy Co. more than quadruple its commitment to plugging inactive gas wells that it obtained from EQT Corp., meaning that it will cap off at least 2,600 wells in West Virginia, Ohio, Kentucky, Pennsylvania, Virginia and Tennessee by 2035.

  • November 08, 2024

    Mark Zuckerberg Beats Liability In Social Media MDL

    A California federal judge dismissed claims against Mark Zuckerberg in multidistrict litigation alleging Meta concealed social media's risks to young users, finding that plaintiffs failed to show Zuckerberg directly participated in or authorized the alleged concealment despite his control over the company.

  • November 08, 2024

    Pa. Atty Suspended For Cocaine Use At Time Of Court Hearing

    A former public defender in Erie County, Pennsylvania, who previously told the state disciplinary board that the use of cocaine made him a better lawyer has been suspended from practicing in Pennsylvania by the state Supreme Court.

  • November 08, 2024

    3rd Circ. Unsure Progressive Can Undo Car Value Suit Cert.

    A Third Circuit panel on Friday grappled with whether an adjustment that Progressive Specialty Insurance Co. did every time it calculated the value of a totaled vehicle was enough to warrant class certification for a lawsuit claiming the adjustment was unfair, or if classwide treatment was inappropriate when each class member could have a different outcome of that assessment.

  • November 07, 2024

    3rd Circ. Says Tainted Bayer Antifungals Clearly 'Worth Less'

    Four of the nine named plaintiffs in a proposed class action over Bayer's 2021 recall of potentially benzene-tainted antifungal sprays can revive their claims against the company on the grounds that they'd paid for an effectively worthless product, a Third Circuit panel ruled Thursday.

  • November 07, 2024

    How Penn State Trial Against Retailer Could Upend TM Law

    The Pennsylvania State University and an online retailer of goods bearing retro logos and images of schools and sports teams are set to clash in a trademark trial next week that could upend how courts examine infringement claims.

  • November 07, 2024

    Vanguard Investors Ink $40M Settlement In Tax Liability Suit

    Vanguard investors have asked a Pennsylvania federal judge to give the first green light to a $40 million settlement reached with the firm over it allegedly breaching its fiduciary duty when it triggered a sell-off of assets that left investors with massive tax bills.

  • November 07, 2024

    Discovery Paused In Parts Co.'s Suit Against Pratt & Whitney

    A Pennsylvania federal judge has agreed to halt discovery in a parts supplier's antitrust suit against Pratt & Whitney Wednesday, as the aerospace engine manufacturer moves to get the suit tossed.

  • November 07, 2024

    DOL Secretary Seeks Unpaid OT From Health Staffing Cos.

    A pair of health care staffing companies in Massachusetts and Pennsylvania failed to pay overtime to a group of employees it classified as independent contractors, the U.S. Department of Labor alleged Thursday.

  • November 07, 2024

    Indicted Power Broker Says Civil Suit Repeats Earlier Claims

    Indicted Garden State power broker George E. Norcross III and his attorney brother have urged a New Jersey state judge to toss the civil racketeering suit brought against them by a Philadelphia developer, arguing that the developer's claims are time-barred and should have been filed in previously litigated and resolved actions.

  • November 07, 2024

    Atty Says Ex-Colleague Can't Escape Assault Claim

    A former Young Conaway attorney has argued that a onetime colleague he sued did not provide enough evidence to claim she was defending her friend when she allegedly assaulted him, urging a Pennsylvania federal court to toss the defendant's motion for summary judgment.

  • November 07, 2024

    Ex-Pa. Judge Censured Over Misconduct With 3 Teens

    The Pennsylvania Court of Judicial Discipline this week censured a former Allegheny County judge accused of misconduct with three teenage boys, ordering that the former judge's resignation and pledge to never again serve as a judge be binding and irrevocable.

  • November 07, 2024

    Judge Forecloses Landslide Work Payback For Developers

    The developers behind a Pennsylvania housing plan damaged by a landslide told a federal bankruptcy court that they were withdrawing their request to seek reimbursement from a fund set aside by the Pennsylvania Department of Environmental Protection, but the court also closed the door on any future requests Thursday.

Expert Analysis

  • GSA's Carbon-Free Power Plan: Tips For Electricity Suppliers

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    The U.S. General Services Administration's recent request for information concerning its intent to acquire a large amount of carbon pollution-free electricity over the next decade in the PJM Interconnection region offers key insights for companies interested in becoming electric power suppliers to federal government agencies, say Shaunna Bailey and Nicholas Dugdale at Sheppard Mullin.

  • This Earth Day, Consider How Your Firm Can Go Greener

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    As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.

  • Opinion

    States Should Follow Federal Lead On Expert Evidence Rules

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    The recently amended Federal Rule of Evidence 702 will help ensure expert testimony in federal courts reflects adequate data and reliable methods properly applied to a given case, and state courts — home to the overwhelming majority of U.S. litigation — should adopt similar changes, says retired attorney Michael Harrington.

  • How DEI Programs Are Being Challenged In Court And Beyond

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    In the wake of the U.S. Supreme Court's affirmative action decision last year declaring the consideration of race in university admissions unconstitutional, employers should keep abreast of recent litigation challenging diversity, equity and inclusion training programs, as well as legislation both supporting and opposing DEI initiatives in the workplace, say attorneys at Skadden.

  • What Bankruptcy Deadline Appeal May Mean For Claimants

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    If the Third Circuit reverses a recent appeal made in In re: Promise Healthcare, litigation claimants within the circuit will not be able to rely on the proof of claim process to preserve the claim — but if the court affirms, the U.S. Supreme Court may need to step in to resolve the circuit split on this issue, say attorneys at DLA Piper.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • Why Incorporating By Reference Is Rarely Good Practice

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    The Federal Circuit’s recent ruling in Promptu Systems v. Comcast serves as a reminder that while incorporating by reference may seem efficient, it is generally prohibited by courts and can lead to sanctions when used to bypass a word count limit, says Cullen Seltzer at Sands Anderson.

  • Series

    Playing Hockey Makes Me A Better Lawyer

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    Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.

  • For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill

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    A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.

  • Opinion

    Requiring Leave To File Amicus Briefs Is A Bad Idea

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    A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.

  • 4 Ways To Motivate Junior Attorneys To Bring Their Best

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    As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.

  • Conn. Bankruptcy Ruling Furthers Limitation Extension Split

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    A recent Connecticut bankruptcy court decision further solidifies a split of authority on whether Bankruptcy Rule 9006(b) may be used to extend the limitations period, meaning practitioners seeking to extend should serve the motion on all applicable parties and, where possible, rely on the doctrine of equitable tolling, says Shane Ramsey at Nelson Mullins.

  • Series

    Serving As A Sheriff's Deputy Made Me A Better Lawyer

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    Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.

  • Opinion

    The SEC Is Engaging In Regulation By Destruction

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    The U.S. Securities and Exchange Commission's recent use of regulation by enforcement against digital assets indicates it's more interested in causing harm to crypto companies than providing guidance to the markets or protecting investors, says J.W. Verret at George Mason University.

  • Former Minn. Chief Justice Instructs On Writing Better Briefs

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    Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.

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