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Pennsylvania
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February 28, 2025
FERC Says PJM Watchdog Can't Fight Meeting Roadblock
The Federal Energy Regulatory Commission on Friday told the D.C. Circuit that PJM Interconnection's electricity market watchdog isn't harmed by being prevented from attending certain meetings held by the regional grid operator and urged the appeals court to dismiss a lawsuit challenging the decision.
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February 28, 2025
Taxation With Representation: Gibson Dunn, Skadden
In this week's Taxation With Representation, Blackstone acquires Safe Harbor Marinas, National Grid sells its green subsidiary in the U.S. to Brookfield, Apollo Global Management buys Bridge Investment Group Holdings Inc., and Teleflex splits into two publicly traded companies.
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February 28, 2025
GOP Rep. Reintroduces The JUDGES Act
The chair of the House Judiciary Committee's courts panel has reintroduced a bill to create 66 new and temporary federal judgeships, which former President Joe Biden vetoed at the end of last year.
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February 27, 2025
Norfolk Southern Escapes Investors' Derailment Fraud Suit
A New York federal judge on Thursday dumped a proposed securities fraud class action alleging Norfolk Southern misled investors by falsely touting its commitments to safety while embarking on risky cost-cutting operational and staffing changes that ultimately led to 2023's fiery derailment in East Palestine, Ohio.
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February 27, 2025
CVS Freed From Hospital's Suit Over Drug Pricing Program
A Pennsylvania hospital's antitrust lawsuit claiming CVS forced healthcare providers participating in a federal discount drug program to go through the pharmacy chain's administrator has been tossed, with a federal judge ruling the hospital fell short in its allegations of anticompetitive behavior.
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February 27, 2025
Trump Admin Asks 1st Circ. To Let It Enforce Birthright Ban
President Donald Trump's administration on Thursday asked the First Circuit to let it begin enforcing its executive order restricting birthright citizenship while it appeals a Massachusetts federal judge's preliminary injunction.
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February 27, 2025
Lenders Can't Claim Ex-Mylan VP's $4M Insider Trade Penalty
Lenders who said they were owed money by a former Mylan vice president can't call dibs on any of the $4.3 million he was ordered to forfeit as part of his guilty plea to insider trading since they hadn't shown that they had a better claim to the money than the defendant or the government, a Pennsylvania federal judge has ruled.
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February 27, 2025
Medical Device Co. Inks €760M Deal, Unveils Separation Plans
Medical device company Teleflex, advised by Simpson Thacher & Bartlett LLP, on Thursday announced that it will split into two separate, publicly traded entities, and that it will acquire Biotronik SE & Co.'s vascular intervention business for €760 million ($791.95 million).
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February 27, 2025
CFPB Drops Suits Against Capital One, Rocket Homes, More
The Consumer Financial Protection Bureau on Thursday permanently dropped several lawsuits, including ones against Capital One, a Rocket Mortgage affiliate, a major student loan servicer and the finance arm of a Berkshire Hathaway-owned mobile home builder.
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February 26, 2025
NLRB Asks 3rd Circ. To Save Post-Gazette Union's Power
The National Labor Relations Board told the Third Circuit Wednesday that an injunction is needed to save what is left of the union representing newsroom employees at the Pittsburgh Post-Gazette, though members of the panel questioned if the NewsGuild's alleged loss of bargaining power was due to the publisher's actions or a two-year-long strike.
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February 26, 2025
Pittsburgh Official Fights Bid To Revive Israel Divestment Vote
A proposed ballot measure in Pittsburgh seeking to ban the city from doing business with Israel in the wake of the recent Gaza hostilities is facing multiple challenges, including one from the city controller who said passing the initiative would significantly disrupt the city's operations.
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February 26, 2025
38 AGs Push For Crackdown On Organized Retail Crime
A bipartisan coalition of attorneys general from 38 states and territories is urging Congress to take legislative action against organized retail crime, warning in a new letter that the problem has reached unprecedented levels and is straining state enforcement resources.
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February 26, 2025
Dinsmore & Shohl Adds Sports Ace In Pittsburgh
A veteran sports and entertainment industry attorney has returned to Dinsmore & Shohl LLP in Pennsylvania after expanding his practice to multiple states and the West Coast.
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February 26, 2025
Dollar Tree Reaches Deal To Exit Manager's FMLA Suit
Dollar Tree struck a deal to resolve a former manager's lawsuit accusing the company of interfering with her rights under the Family and Medical Leave Act when she asked to take time off to care for her disabled son, a filing in Pennsylvania federal court said.
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February 25, 2025
Aircraft Parts Maker Hit With Class Claims Over Explosion
Philadelphia-area aerospace parts manufacturer SPS Technologies LLC has been hit with a class action over an explosion that resulted in a dayslong blaze at its Abington, Pennsylvania, facility that caused school and business closures as well as evacuations.
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February 25, 2025
Payments Weren't Admission Philly Cop Got COVID At Work
A Philadelphia police officer's "excused time," or E-Time, payments when he contracted COVID-19 were not a substitute for workers' compensation or an acknowledgment that he caught the disease on the job, so a state appellate court said Tuesday that he could not reinstate those payments under the workers' comp law.
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February 25, 2025
Attys Seek $1.7M Fees For Union 401(k) Plan Case Settlement
Lawyers for two elevator company employees who settled a proposed class action against their union's retirement plan for $5 million asked a Pennsylvania federal judge to approve about $1.7 million in attorney fees, saying it represents the standard one-third fee dispensed in these cases.
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February 25, 2025
Fired Worker Couldn't Justify COVID Vax Refusal, 3rd Circ. Says
A software engineer who refused to comply with his company's COVID-19 vaccine policy couldn't claim he had a "sincere religious objection" while shielding his medical records from disclosure and vacillating on his reasons, a Third Circuit panel ruled Tuesday.
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February 25, 2025
Pa. Health System Strikes Deal To Exit Workers' OT Suit
A Pennsylvania health system reached a deal Tuesday to resolve a proposed class action accusing it of stiffing unionized hospital workers on overtime wages, according to a report filed in federal court announcing a successful mediation.
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February 25, 2025
Federal Judiciary Repeats Request For More Judges
A federal circuit judge, speaking on behalf of the federal judiciary, repeated on Tuesday the need for more federal judges to alleviate the overwhelmed courts after President Joe Biden vetoed legislation late last year that would have added seats to the bench.
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February 24, 2025
US Steel, Nippon Urge Court Not To Toss Cleveland-Cliffs Suit
U.S. Steel and Nippon Steel have pressed a Pennsylvania federal court to leave intact their suit accusing Cleveland-Cliffs and United Steelworkers union leadership of illegally conspiring to prevent their planned $14.9 billion merger, arguing that they're trying to block an "unlawful agreement," not shut down political speech.
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February 24, 2025
Fed. Circ. Shouldn't Assume Doctors Read Labels, Profs Say
The Federal Circuit has been reviewing whether generic-drug companies induce infringement of their limited-use drugs based on a misunderstanding of how prescribing physicians do their job, law professors from Illinois and Pennsylvania have argued in a new paper.
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February 24, 2025
Weight-Loss Spa's 'Sauna Pod' Caused Severe Burns, Suit Says
A Pittsburgh-area woman claims that an infrared "sauna pod" at a weight-loss spa burned her, leaving permanent scarring and disfigurement, according to a lawsuit filed in Pennsylvania state court Monday that seeks to hold the Chinese manufacturer liable.
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February 24, 2025
Norfolk Southern's Tank Car Co. Liability Claims Head To Trial
An Ohio federal judge said that Norfolk Southern can pursue its claims seeking to have tank car companies pay at least some of the damages over 2023's East Palestine derailment, teeing up for trial key questions of liability concerning the tank cars' maintenance and transport of toxic chemicals.
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February 24, 2025
Tax Software Co. Says Rival Is The Real Trade Secrets Thief
Corporate-focused tax preparation software company Avalara, accused by Vertex Inc. of poaching workers to steal trade secrets, has asked to file counterclaims, arguing Vertex has actually done the illegal poaching.
Expert Analysis
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Key Trends In PFAS Regulation And Litigation For 2025
The critical policy milestones for per- and polyfluoroalkyl substances expected in 2025 will not only shape the trajectory of PFAS regulation, but also set key precedents for environmental accountability, potentially reshaping the corporate approach to these "forever chemicals" for decades to come, say attorneys at MG+M.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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Predicting Where State AGs Will Direct Their Attention In 2025
In 2025, we expect state attorneys general will navigate a new presidential administration while continuing to further regulate and police financial services, artificial intelligence, junk fees and antitrust, say attorneys at Troutman Pepper.
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FTC Privacy Enforcement Takeaways From 2024
In 2024, the Federal Trade Commission distinguished three prominent trends in its privacy-related enforcement actions: geolocation data protections, data minimization practices, and artificial intelligence use and marketing, say Cobun Zweifel-Keegan at IAPP and James Smith at Dechert.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Issues To Watch In 2025's ERISA Litigation Landscape
Whether 2024’s uptick in new Employee Retirement Income Security Act cases will continue this year will likely depend on federal courts’ resolution of several issues, including those related to excessive fees, defined contribution plan forfeitures, and pleading standards for ERISA-prohibited transaction claims, say attorneys at Groom Law.
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5 Notable Information Security Events In 2024
B. Stephanie Siegmann at Hinckley Allen discusses 2024's largest and most destructive data breaches seen yet, ranging from ransomware disrupting U.S. healthcare systems on a massive scale, to tensions increasing between the U.S. and China over cyberespionage and the control of U.S. data.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Looking Back At 2024's Noteworthy State AG Litigation
State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children's internet safety, and other overall consumer protection claims, say attorneys at Troutman Pepper.
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Nippon, US Steel Face Long Odds On Merger Challenge
Following the Committee on Foreign Investment in the United States' review of Japan's Nippon Steel's proposed acquisition of U.S. Steel, the companies face a formidable uphill battle in challenging the president's exercise of authority to block the deal on national security grounds, say attorneys at Kirkland.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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Top 10 Noncompete Developments Of 2024
Following an eventful year in noncompete law at both state and federal levels, employers can no longer rely on a court's willingness to blue-pencil overbroad agreements and are proceeding at their own peril if they do not thoughtfully review and carefully enforce such agreements, say attorneys at Faegre Drinker.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.