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Pennsylvania
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August 09, 2024
Chinese Flooring Manufacturer Can't Get $1.2M Award OK'd
The Third Circuit won't enforce a Chinese court's arbitral award of $1.2 million to a flooring manufacturer against a Pennsylvania distributor, backing the finding of a federal court in Philadelphia that the parties never agreed to arbitrate the dispute.
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August 09, 2024
Energy Transfer Investors Get Partial Win In $3B Pipelines Suit
A Pennsylvania federal judge granted a class of investors a partial win in a class action claiming that Energy Transfer misled them about its $3 billion Mariner East 2 and Revolution pipeline projects, ruling that the investors have raised genuine issues of material fact with at least one of their claims.
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August 09, 2024
DC Circ. Makes Case For Restarting FERC Gas Policy Revamp
The D.C. Circuit's recent wipeout of Federal Energy Regulatory Commission approvals of gas infrastructure projects is a sign that the agency should restart a stalled effort to update its decades-old pipeline approval policy, FERC watchers say.
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August 09, 2024
Eckert Seamans Sued Over New Jersey Condo Development
Eckert Seamans Cherin & Mellott LLC simultaneously represented a real estate development company and two of its former managers, and also improperly took compensation for its work before company debts were satisfied, according to a legal malpractice lawsuit filed this week in New Jersey state court.
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August 09, 2024
Pa. Firm Seeks Over $790K In Employee Retention Credit
The Internal Revenue Service has failed to pay Ostroff Injury Law PC the more than $790,000 it is owed in pandemic-era employee retention credits, the Pennsylvania firm alleges in a federal court complaint, despite satisfying two separate tests the firm says qualify it for the relief.
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August 09, 2024
Former K&L Gates Attorney Finds Purpose At Fairness Center
More than a month into his role as managing attorney for the nonprofit the Fairness Center, former K&L Gates LLP partner Anthony Holtzman feels assured that he left his old firm, where he worked for nearly 20 years, to help advance a mission he believes in: representing workers in challenges against public-sector unions.
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August 08, 2024
Parts Supplier Says Price Hikes Not Sabotaging Supply Chain
Pennsylvania-based supplier Modern Industries Inc. urged a federal court to deny a request for a preliminary injunction that would force it to provide key parts to auto parts manufacturer BorgWarner Turbo Systems LLC, which the supplier said has refused to pay increased prices.
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August 08, 2024
Fed Hits Customers Bank With Crypto-Related Consent Order
The Federal Reserve said Thursday that it had entered into an enforcement action with Pennsylvania-based Customers Bank, pointing to risk management and anti-money laundering compliance deficiencies tied to the bank's "digital asset strategy."
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August 08, 2024
Testimony of 3 Experts Limited In PNC's TM Suit Against Plaid
A Pennsylvania federal judge has approved several suggested expert witnesses but limited the testimony of others in PNC Financial Services Group's trademark infringement lawsuit against Plaid Inc. claiming the company copied its logo and login screens when linking bank accounts to financial apps.
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August 08, 2024
Home Security Co. Can't Recreate $12.1M Contract, Court Told
The home security arm of building firm Toll Brothers on Thursday asked a Connecticut Superior Court judge to nix three counterclaims from a contract lawsuit accusing another home security company of botching a $12.1 million home monitoring account purchase, saying the company was impermissibly reading language into the contract at issue and pressing duplicate allegations.
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August 08, 2024
Where Judicial Vacancies Stand As Congress Is In Recess
The U.S. Senate doesn't return for about a month, but when it does, Democrats will be on the final sprint to try to top the 234 judges confirmed in former President Donald Trump's first term.
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August 08, 2024
Holland & Knight's Philly Leader Among 47 Joining Polsinelli
Nearly 50 Holland & Knight LLP attorneys around the country have moved their practices to Polsinelli PC, led by 35 shareholders, counsel and associates who helped the firm launch a new office in Philadelphia.
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August 08, 2024
FedEx Sued By 15K Drivers After OT Collectives End
About 15,000 drivers who worked for FedEx across the U.S. through intermediary employers have filed lawsuits in Pennsylvania and Massachusetts federal courts arguing the logistics giant is responsible for their lack of overtime wages as a joint employer, launching individual claims following a failed effort to sue as a collective.
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August 07, 2024
Judge Says PNC's TM Suit Against Plaid Must Go To Trial
A Pennsylvania federal judge has ruled that PNC Financial Services Group's trademark infringement complaint against third-party software broker Plaid Inc. will proceed to trial after he denied each party's summary judgment motion on Wednesday, saying jurors must decide claims that "could reasonably come out either way."
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August 07, 2024
Philly Hospital Hit With $45M Verdict For Teen Gunshot Patient
A Philadelphia County jury awarded nearly $45 million to a mother and her 19-year-old son in a lawsuit accusing Temple University Hospital of conducting inadequate swallowing tests after he was shot in the neck, leading him to choke when he went home, according to a docket entry made Wednesday.
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August 07, 2024
Parts Co. Fights Bid To Pause Pratt & Whitney Antitrust Suit
A parts supplier accusing RTX Corp. subsidiary Pratt & Whitney of using illegal agreements to monopolize the aftermarket supply of their turboprop engine components asked a Pennsylvania federal court to keep discovery moving while considering the possible dismissal of the $450 million lawsuit.
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August 07, 2024
Gun Cos. Exit Mexico's Suit As Judge Cites 'Thin' Mass. Ties
A Massachusetts federal judge on Wednesday dismissed six U.S. gun companies from a suit over Mexican cartel violence after finding the alleged conduct has virtually no ties to the Bay State.
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August 07, 2024
Quinn, Jenner Attys Tapped For Trump Shooting Inquiry
The Republican staff on the newly formed bipartisan task force to investigate the assassination attempt of former President Donald Trump includes Capitol Hill and legal veterans, among them attorneys from Quinn Emanuel Urquhart & Sullivan LLP and Jenner & Block LLP.
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August 07, 2024
Pennsylvania Legislation Passed In 2024: A Midyear Report
Despite a divided legislature in Pennsylvania — the parties have been trading a narrow majority in the House of Representatives and Republicans compose most of the state Senate — lawmakers have managed to send dozens of bills to Democratic Gov. Josh Shapiro's desk in the first half of 2024, including tighter controls on a veterinary drug showing up in heroin, changes to business registrations with the state, and adding arbitration to the tools for family courts.
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August 07, 2024
Pa. Resident Proposes Nuisance Action Over Shell Facility
A Beaver County, Pennsylvania, resident has filed an amended class action complaint claiming Shell Chemical Appalachia's operation of a petrochemical plant led to the release of noxious substances and other nuisances preventing people in the region from enjoying their properties.
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August 06, 2024
4 Takeaways From Landmark Google Search Ruling
A landmark ruling in D.C. federal court Monday found that Google illegally maintains its search engine monopoly, and experts say the case could have broad implications for the company as well as the wider internet and shows how existing antitrust laws can apply to modern technology.
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August 06, 2024
Pennsylvania Hospital Gets Data Breach Suit Whittled
A Pennsylvania federal judge has shaved two counts off of a data breach lawsuit against Prospect Medical Holdings Inc., rejecting the hospital operator's argument that the plaintiffs lacked standing to bring the suit but agreeing that not all of them stated valid claims.
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August 06, 2024
Finance Co. EasyKnock Scams Poor Homeowners, Suit Says
Home finance company EasyKnock Inc. has been sued on allegations it targeted a low-income Philadelphia resident in an "equity-theft" scheme designed to dupe homeowners with an upfront cash payment for a gradual sale of their home that secretly transfers the title to the company.
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August 06, 2024
Testing Lab Can't Add Bad Faith Claims In Income Loss Case
A Pennsylvania federal judge found Tuesday that a prior agreement between a medical testing lab and its insurer expressly precluded added allegations that the insurer acted in bad faith while handling the lab's claim for loss of records and business income.
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August 06, 2024
Penn Says BioNTech Owes Royalties For COVID-19 Vax
BioNTech was hit with a breach of contract suit Monday in Pennsylvania federal court by the University of Pennsylvania over alleged unpaid royalties on global net sales of its blockbuster COVID-19 vaccine Comirnaty, which was developed using the school's crucial messenger RNA patents and has made more than $75 billion.
Expert Analysis
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Opinion
Judicial Independence Is Imperative This Election Year
As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.
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Series
Riding My Peloton Bike Makes Me A Better Lawyer
Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.
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Spartan Arbitration Tactics Against Well-Funded Opponents
Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.
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Md. May See Vigorous Resale Price Maintenance Enforcement
In Maryland, indications of a new focus on resale price maintenance agreements are significant because state prosecution in this area has been rare, particularly outside California, say attorneys at DLA Piper.
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.
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2026 World Cup: Companies Face Labor Challenges And More
Companies sponsoring or otherwise involved with the 2026 FIFA World Cup — hosted jointly by the U.S., Canada and Mexico — should be proactive in preparing to navigate many legal considerations in immigration, labor management and multijurisdictional workforces surrounding the event, say attorneys at Morgan Lewis.
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Opinion
Insurance Industry Asbestos Reserve Estimates Are Unreliable
Insurance regulators rely on industry self-reporting in approving insurance company reorganizations, but AM Best data reveals that actuarial and audit estimates have been setting perniciously low levels of loss reserves for asbestos liabilities and thus should be treated with deep skepticism, says Jonathan Terrell at KCIC.
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Employers Should Take Surgeon's Sex Bias Suit As A Warning
A Philadelphia federal jury's recent verdict in a sex bias suit over Thomas Jefferson University's inaction on a male plaintiff's sexual harassment complaint is a reminder to employers of all stripes about the importance of consistently applied protocols for handling complaints, say attorneys at Williams & Connolly.
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Litigation Inspiration: A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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2 Emerging Defenses For Website Tracking Class Actions
Putative class actions premised on state wiretapping statutes that bar website activity tracking continue to be on the rise, but they are increasingly being dismissed on two procedural grounds, says Sheri Pan at ZwillGen.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.