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Pennsylvania
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December 10, 2024
Philly Court Leadership Orders Sheriff To Improve Security
Leadership in Philadelphia's court system ordered the city sheriff's office this week to devise written plans to counteract what it said was a growing number of security incidents at judicial facilities over the last two years.
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December 10, 2024
PierFerd Dropped From Suit Over Atty's Alleged Double-Cross
Pierson Ferdinand LLP has been cut loose from a recent lawsuit accusing a firm partner of helping to defraud a client he represented during stints at three other BigLaw firms including DLA Piper and Ballard Spahr LLP.
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December 09, 2024
High Court Again Weighs Reach Of Federal Fraud Statutes
The U.S. Supreme Court on Monday grappled with the question of whether using deceptive means to induce a business transaction with no contemplation of causing economic loss constitutes mail or wire fraud, the latest challenge in a line of cases that seeks to narrow the reach of federal fraud statutes.
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December 09, 2024
Intellia Can't Escape Patent Suit Over $100M Regeneron Deal
Biotechnology company Intellia Therapeutics cannot ditch BlueAllele's claims that it infringed three patents related to gene editing to reap over $100 million under a deal with Regeneron Pharmaceuticals, a Pennsylvania federal judge ruled Monday, saying BlueAllele has plausibly alleged its rival is not entitled to drug-development safe harbor.
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December 09, 2024
Healthcare Facilities Biz Settles DOJ Citizenship Bias Claims
Healthcare Services Group Inc. and one of its affiliates have agreed to pay roughly $17,400 in penalties and lost wages and benefits to put to rest the U.S. Department of Justice's allegations the company discriminated against prospective employees based on citizenship status, the Justice Department announced Friday.
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December 09, 2024
3rd Circ. Affirms NLRB's COVID-19 Bonus Pay Order
The Third Circuit upheld on Monday a National Labor Relations Board decision finding a New Jersey nursing home illegally cut or stopped COVID-19 bonuses for unionized workers, supporting the board's assertion that the bonuses were hazard pay that the company was required to negotiate with the union.
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December 09, 2024
Workers Can't Sue Under NJ Cannabis Law, 3rd Circ. Rules
New Jersey law does not allow workers to challenge employment actions taken based on marijuana use, a split Third Circuit panel ruled Monday, refusing to revive a worker's lawsuit claiming Walmart rescinded a job offer because of a positive drug test.
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December 09, 2024
Biden Proclaims 1st Indian Boarding School A National Monument
President Joe Biden on Monday issued a proclamation declaring the first Indian boarding school a national monument, saying that giving the Carlisle, Pennsylvania, site the designation will help to ensure that a shameful era of American history is never forgotten or repeated.
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December 09, 2024
Amazon Says FTC Lacks Authority To Bring Antitrust Case
Amazon has told a Washington federal court that the Federal Trade Commission is overstepping its authority by bringing its antitrust case directly in court without pursuing an in-house case targeting the e-commerce giant's treatment of sellers on its platform.
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December 09, 2024
2nd Circ. Restores Challenge To Conn. Atty Anti-Racism Rule
The Second Circuit on Monday revived a challenge to a new rule for Connecticut attorneys intended to reduce discrimination, ruling that the alleged chilling effect the two suing lawyers detailed in their complaint gives them standing even if the rule hasn't been enforced against them.
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December 09, 2024
3rd Circ. Judge Unsure Child Care Needs Can Halt Deportation
The Third Circuit on Monday pondered how it should analyze the effect a Trinidad and Tobago national's deportation would have on his U.S. citizen child, with one judge suggesting that the boy's medical issues may not rise to the level of canceling removal.
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December 09, 2024
Kline & Specter Wants Ex-Attorney's Suit In Arbitration
Kline & Specter PC is seeking to send to arbitration a breach of contract lawsuit filed in Philadelphia court by a former firm attorney, saying their employment agreement expressly gives the firm the right to move the complaint into arbitration.
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December 09, 2024
Pa. Fudge Maker Seeks Atty Fees In 'Moonshine' TM Fight
Even though a Pennsylvania jury had found that Local Yokels Fudge and Christopher Warman's ex-wife had copied his secret "Chocolate Moonshine" fudge recipe, the defendants want Warman to pay some of their legal bills because they say he made frivolous trademark claims and falsely claimed they were still using the recipe after the 2023 trial.
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December 09, 2024
Pa. Hospital Can't Upend $8M C-Section Injury Verdict
A Pennsylvania appeals court won't strip an $8 million verdict from a couple who alleged that a surgeon botched a cesarean section during the birth of their child, rejecting the hospital's argument that the evidence didn't support a finding of negligence.
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December 07, 2024
Up Next: Environmental Reviews, Wire Fraud & TM Awards
The U.S. Supreme Court will hear its final set of oral arguments for the 2024 calendar year starting Monday, including disputes over the proper scope of federal environmental reviews and whether corporate affiliates can be ordered to pay disgorgement awards in trademark infringement disputes.
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December 06, 2024
Philly Jury Clears B. Braun In Cancer Emissions Case
A Philadelphia jury has cleared B. Braun Medical Inc. of claims that emissions of a sterilizing chemical from a Pennsylvania manufacturing facility caused a neighbor's leukemia.
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December 06, 2024
Galderma Can't Undo Lupin's Skin Drug Win At Fed. Circ.
Federal Circuit judges on Friday upheld a bench trial finding earlier this year that allowed an Indian generic-drug maker to start selling a treatment for a chronic skin condition that competes with a brand developed by Swiss skin care giant Galderma.
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December 06, 2024
Real Estate Recap: Valley National, Office Insights, Proptech
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including Valley National Bank's $925 million loan portfolio sale, takeaways from office sector activity in 2024, and one BigLaw firm's strategic bet on proptech.
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December 06, 2024
Anthem Wants Testing Lab's $3.8M Suit Axed Or Split Up
Anthem Blue Cross Blue Shield of Connecticut has asked a federal court to toss a testing lab's lawsuit seeking $3.8 million for allegedly unpaid bills, arguing that batches large and small of the more than 3,000 unpaid claims were preempted by federal law, filed years too late or barred from being assigned to the lab to collect.
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December 06, 2024
Atty Tells Jury She's 'Furious' Over Aircraft Co.'s Suit
An attorney suing an aviation company she formerly represented and three Blank Rome LLP lawyers told a Pennsylvania federal jury on Friday that she was "furious" to learn that the company accused her of misusing confidential information after she left to pursue plaintiffs work.
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December 06, 2024
Philips Medical Monitoring Deal, $4.8M Fees Get Final OK
A Pennsylvania federal judge on Thursday gave the final OK on a $25 million settlement in medical monitoring claims in multidistrict litigation stemming from a recall of ventilator machines by Koninklijke Philips NV and American subsidiaries.
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December 06, 2024
Logistics Co., Ex-Worker Strike Deal In Suit Over Racist Threat
A logistics company has agreed to resolve a Black former employee's lawsuit claiming the company failed to protect him from a racist threat from a white co-worker who had warned him that he could be lynched, according to filings in Pennsylvania federal court.
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December 05, 2024
Kraft Heinz, Ex-Worker Settle 'Miami Vice' Costume Firing Suit
The Kraft Heinz Co. has settled a free speech lawsuit by a terminated white manager and school board candidate accused of jeopardizing the company's reputation by wearing blackface before his employment during a Halloween attempt to look like the character Ricardo Tubbs from the television show "Miami Vice."
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December 05, 2024
3rd Circ. Affirms ConocoPhillips Ruling On $8.5B Debt
The Third Circuit on Thursday affirmed a ruling paving the way for ConocoPhillips' participation in an auction for control of the U.S. oil giant Citgo to enforce an $8.5 billion debt against Venezuela.
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December 05, 2024
3rd Circ. Unsure Pa. Regulator Had Right To Deny Project
Third Circuit judges appeared wary on Thursday of the Pennsylvania Public Utility Commission's argument that its take on the necessity of a transmission project trumps a federal agency's determination, at one point questioning how any such project could be completed if the court accepted its argument.
Expert Analysis
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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Where Can Privacy Plaintiffs Sue When Injury Is Online?
Website owners need to understand wiretapping laws to understand whether they may be sued for activity tracking in California or Pennsylvania courts, where the statutory damages for violations of half-century-old laws can be substantial — and a recent Third Circuit decision suggests establishing specific jurisdiction is not as easy as 1-2-3, say attorneys at Crowell & Moring.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Compliance Pointers For Amended Pa. Data Breach Law
Recent updates to the Pennsylvania Breach of Personal Information Notification Act include a requirement that organizations alert the state's attorney general of certain consumer data breach notifications, and several incident response and cybersecurity considerations will be necessary to ensure compliance, say Matthew Meade and Laura Decker at Eckert Seamans.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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Opinion
To Shrink Jury Awards, Address Preventable Medical Errors
While some health industry leaders complain about large malpractice awards — like the recent $45 million verdict in Hernandez v. Temple University Hospital — these payouts are only a symptom of the underlying problem: an epidemic of preventable medical errors, says Eric Weitz at The Weitz Firm.
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With Esmark Case, SEC Returns Focus To Tender Offer Rules
The U.S. Securities and Exchange Commission's recent enforcement action against Esmark in connection with its failed bid to acquire U.S. Steel indicates the SEC's renewed attention under Rule 14e‑8 of the Exchange Act on offerors' financial resources as a measure of the veracity of their tender offer communications, say attorneys at MoFo.