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Pennsylvania
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June 24, 2024
Catching Up With Delaware's Chancery Court
Amendments to Delaware's General Corporation Law topped the news out of the Court of Chancery again last week, as the hotly contested measure sailed through the state's legislature. Tesla and its shareholders continued their tug-of-war over attorney fees for Chancery litigation about Elon Musk's pay package, and new cases were filed involving biotechs, car rental companies, workout platforms, telecom towers, and a cargo ship fire in Brazil.
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June 24, 2024
PNC Beats ERISA Suit After Class Expert Found Unreliable
PNC escaped a certified class action alleging it let employee retirement fund participants pay excessive fees after a Pennsylvania federal judge on Friday ruled that an expert witness who calculated $25 million in damages for the class of current and former employees wasn't reliable.
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June 24, 2024
Pa. Court OKs $3.65M Deal On Student Loan 'Pay-To-Pay' Fees
A Pennsylvania federal judge said Monday that she would give her final approval to a $3.65 million settlement of claims that loan servicer Educational Computer Systems Inc. had improperly charged payment fees on hundreds of thousands of federally-backed student loans.
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June 24, 2024
US DOT Final Rule Ups Freight Rail Hazmat Disclosures
Freight railroads must provide more detailed, real-time information on trains transporting hazardous materials to state and local first responders, under a new U.S. Department of Transportation final rule announced Monday that was largely spurred by last year's fiery derailment in East Palestine, Ohio.
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June 24, 2024
Justices' Removal Notice Decision Unwinds 3 Migrants' Wins
The U.S. Supreme Court's recent endorsement of multipart removal notices resulted in the Monday vacatur of three circuit court decisions offering migrants another chance at fighting deportation after receiving notices that initially omitted important information about their removal hearings.
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June 24, 2024
3rd Circ. Seems Ready To Send Experian Row To Arbitration
A Third Circuit panel on Monday appeared poised to send a Fair Credit Reporting Act lawsuit against Experian to arbitration, questioning whether a plaintiff's dispute over applying an arbitration agreement with an Experian-related credit-monitoring service fell under the "scope" disputes that would also get decided by an arbitrator.
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June 24, 2024
Justices Pass On Rutgers COVID-19 Vax Mandate Case
The U.S. Supreme Court declined on Monday to review a split Third Circuit ruling that Rutgers University students cannot challenge the school's COVID-19 vaccine policy because, under the high court's 1905 precedent in Jacobson v. Massachusetts, there is no fundamental right to refuse vaccinations.
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June 21, 2024
Real Estate Recap: Distressed Deals, Housing Hurdles, Infill
Catch up on this week's key state developments from Law360 Real Estate Authority — including tips for guiding distressed office deals, the latest intel from Harvard University's Joint Center for Housing Studies, and how one U.S. city has been a magnet for federal funding of brownfield projects.
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June 21, 2024
Estate Of Alzheimer's Patient Awarded $600K In NJ Death Case
A New Jersey jury awarded $600,000 to the family of a psychiatric hospital patient with Alzheimer's who died after sustaining several fractures and a traumatic brain injury at the facility, a Philadelphia law firm announced Friday.
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June 21, 2024
Aramark Sued In Wash. For Alleged Pay Transparency Lapses
Aramark has been accused of violating Washington state's pay transparency law by failing to give full pay ranges in job postings, according to a proposed class action the food services giant removed to Washington federal court on Thursday.
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June 21, 2024
Pa. Justices Will Weigh If 'Skill Games' Are Slot Machines
The Supreme Court of Pennsylvania will take up a case and decide whether the "Pennsylvania Skill Games" that combine a chance-based game mode with a secondary memory game fall under the state's definition of "slot machines," potentially affecting many storefronts and bars where the game machines have proliferated.
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June 21, 2024
Justices Strengthen Jury Trial Rights For Stiffer Sentences
The constitutional rights to due process and trial by jury extend to a pivotal prong of a prominent sentencing enhancement for recidivism, the U.S. Supreme Court held in a Friday decision that casts doubt on many incarcerations and promises to reshape future trials.
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June 20, 2024
Worker Says Co. Inflated Deductions To Duck Prevailing Wage
An electrical contracting firm overdeducted fringe benefits from the pay of employees who worked on publicly funded projects, dragging down their prevailing wages, a former electrician said in a proposed class action in Pennsylvania state court.
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June 20, 2024
Theravance, Mylan Say Chinese Co. Copied COPD Drug
Theravance Biopharma and Mylan Specialty have sued a Chinese drugmaker, alleging it copied Yupelri, one of its chronic obstructive pulmonary disease drugs, and infringed several patents in the process.
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June 20, 2024
Insurer Hit With Coverage Suit Over Ohio Grocery Shooting
Pittsburgh-based Giant Eagle Inc. is claiming that a security contractor's insurer, Philadelphia Indemnity Insurance Co., has refused to cover its defense costs in a lawsuit over a shooting at a Cleveland, Ohio, store, and was trying to get the grocer to drop its third-party claims against the contractor.
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June 20, 2024
PPG Sues Westlake In Delaware Over $707M Brazil Liability
Pittsburgh global paint supplier PPG Industries Inc. has sued chemical supplier Westlake Corp. in Delaware's Court of Chancery, accusing Westlake of breaching a 2012 agreement to accept liabilities related to a cargo ship fire that happened off the coast of Brazil in 1998.
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June 20, 2024
Pa. Justices Rule 'Client Exception' Can't Save Med Mal Case
The Pennsylvania Supreme Court ruled on Tuesday that a law firm violated state discovery rules by simultaneously representing a physician and a nondefendant witness, saying a law firm representing a defendant treating physician cannot obtain information from a non-party treating physician without written consent or through discovery.
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June 20, 2024
First Amendment Bars Models' Likeness Suit, Strip Clubs Say
Three Philadelphia-area strip clubs facing a suit by Carmen Electra and other models over using their likeness without permission told a federal judge the plaintiffs' complaint is barred by the First Amendment because they are public figures "or limited purpose public figures."
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June 20, 2024
GOP Sens. Get Tough On 6th Circ. Nominee's History
Republican senators hammered Sixth Circuit nominee Karla M. Campbell, of counsel at Stranch Jennings & Garvey PLLC, during a hearing on Thursday about her political donations, past advisory roles and the process by which she was nominated.
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June 18, 2024
Failure To Return Remains Violates Human Rights, Court Told
A nonprofit tribal organization and a South Carolina tribe are backing a challenge to the U.S. Army that seeks to repatriate the remains of two Native American children from an Indian boarding school cemetery in Pennsylvania, arguing that failure to do so constitutes a continuing human rights violation.
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June 18, 2024
DuPont, Corteva Must Face Pension Benefits Class Action
Chemical companies DuPont and Corteva can't escape a class action claiming they illegally stripped retirement benefits from hundreds of workers following a merger and subsequent spinoff, a Pennsylvania federal judge ruled, finding factual disputes that need to be sorted out at trial.
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June 18, 2024
2nd Pa. Jury Can't Agree On Uber Black Drivers' Status
A second Pennsylvania federal jury was unable to determine whether Uber Black drivers are the company's employees or independent contractors, telling the trial judge on Tuesday that the eight members were hopelessly deadlocked.
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June 18, 2024
Home Builders Sued For Non-FHA-Compliant Apartments
A group of home building and financing companies including the Toll Brothers were sued by Manhattan federal prosecutors Tuesday for allegedly violating the Fair Housing Act by building residential units that weren't accessible to people with physical disabilities.
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June 18, 2024
Split Pa. High Court Finds Rental Registry Suit Moot
The Pennsylvania Supreme Court tossed out landlords' appeal of Pittsburgh's 2015 ordinance requiring them to list their rental units in a public registry, because it had been replaced by a newer, narrower law, but two justices said they should have ruled on the case anyway to settle whether other governments could pass similar measures.
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June 18, 2024
4th Circ. Says Filmmaker Has Right To Sealed Court Docs
The Fourth Circuit on Tuesday revived a documentary filmmaker's bid to access sealed documents from a False Claims Act suit against student loan providers, finding he has a First Amendment right to the material and the parties must prove if the seal is warranted.
Expert Analysis
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What To Watch As Justices Take Up Title VII Job Transfer Case
With its recent decision to hear Muldrow v. City of St. Louis, the U.S. Supreme Court has agreed to decide whether an involuntary job transfer can count as employment discrimination under Title VII — an eventual ruling that has potential to reshape workplace bias claims nationwide, says Adam Grogan at Bell Law Group.
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How Judicial Privilege Shields Attys Facing Wiretap Violations
A recent ruling from the Commonwealth Court of Pennsylvania, as well as past rulings across the country, indicates that the judicial privilege is applicable to alleged violations of wiretapping laws, so attorneys presented with audio evidence beneficial to their case should not fear being sued, says David Scott at Kang Haggerty.
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Nursing Homes Must Prepare For Ownership Scrutiny
Due to the Centers for Medicare & Medicaid Services' designation of nursing home ownership changes as a high risk category, and increased transparency and notice obligations for changes in skilled nursing facility ownership set to take effect in Pennsylvania in October, owners should anticipate a heightened level of review and delays, say Mark Mattioli and Paula Sanders at Post & Schell.
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In-Office Engagement Is Essential To Associate Development
As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.
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Pointers For Tackling Antitrust Class Action Set-Aside Orders
As federal district courts have increasingly been willing to enter set-aside orders for the benefit of class counsel, varying rulings have made the propriety of such orders in antitrust class actions a thorny issue — so attorneys should time their filings strategically and explore opportunities for cost-sharing, say William Reiss and Laura Song at Robins Kaplan.
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Perspectives
A Judge's Pitch To Revive The Jury Trial
Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.
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Rebuttal
Mallory Ruling Doesn't Undermine NC Sales Tax Holding
Contrary to the conclusion reached in a recent Law360 guest article, the U.S. Supreme Court’s recent Mallory ruling shouldn't be read as implicitly repudiating the North Carolina Supreme Court’s sales tax ruling in Quad Graphics v. North Carolina Department of Revenue — the U.S. Supreme Court could have rejected Quad by directly overturning it, says Jonathan Entin at Case Western Reserve.
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How To Recognize And Recover From Lawyer Loneliness
Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.
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Opinion
Litigation Funding Disclosure Should Be Mandatory
Despite the Appellate Rules Committee's recent deferral of the issue of requiring third-party litigation funding disclosure, such a mandate is necessary to ensure the even-handed administration of justice across all cases, says David Levitt at Hinshaw.
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Recalling USWNT's Legal PR Playbook Amid World Cup Bid
As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.
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Opinion
Justices' Job Transfer Review Should Hold To Title VII Text
The U.S. Supreme Court's upcoming decision in Muldrow v. City of St. Louis should hold that a job transfer can be an adverse employment action, and the analysis should be based on the straightforward language of Title VII rather than judicial activism, say Lynne Bernabei and Alan Kabat at Bernabei & Kabat.
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11th Circ. Ruling May Impede Insurers' Defense Cost Recoup
The Eleventh Circuit's recent Continental Casualty v. Winder Laboratories ruling that insurers cannot obtain reimbursement of defense costs from their insureds where the policy itself does not require such reimbursement is likely to be cited as persuasive authority in Georgia and other states without clear precedent on the issue, say Christy Maple and Robert Whitney at Phelps Dunbar.
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Immigration Program Pitfalls Exacerbate Physician Shortages
Eliminating shortcomings from U.S. immigration regulations and policies could help mitigate the national shortage of physicians by encouraging foreign physicians to work in medically underserved areas, but progress has been halted by partisan gridlock, say Alison Hitz and Dana Schwarz at Clark Hill.
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Perspectives
Mallory Gives Plaintiffs A Better Shot At Justice
Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.
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CRA Plays Role In DOJ Fight Against Redlining
The U.S. Department of Justice’s recent consent order with ESSA Bank & Trust is a reminder that although the Community Reinvestment Act lacks a civil enforcement provision, financial institutions' CRA compliance efforts may have ramifications under various anti-discrimination statutes, say Collin Grier and Levi Swank at Goodwin.