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Pennsylvania
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November 13, 2024
DOJ Says Disarming Pot Patients Has Historic Precedent
The U.S. Department of Justice is again urging a Pennsylvania federal court to throw out a suit challenging a Bureau of Alcohol, Tobacco, Firearms and Explosives policy prohibiting medical cannabis users from buying or owning firearms, saying the policy is analogous to laws disarming people who are intoxicated or deemed dangerous for use of illegal drugs.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
Expert Analysis
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Penn. Right-To-Know Case Raises Record-Access Precedent
The Pennsylvania Supreme Court recently held that the nonprofit Pennsylvania Interscholastic Athletic Association was subject to the state's Right-To-Know Law, establishing an expansion that allows access to public records of organizations that perform work or have some role associated with statewide governance, says Delene Lantz at Saul Ewing.
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Opinion
It's Time To Defuse The Ticking Time Bomb Of US Landfills
After recent fires at landfills in Alabama and California sent toxic fumes into surrounding communities, it is clear that existing penalties for landfill mismanagement are insufficient — so policymakers must enact major changes to the way we dispose of solid waste, says Vineet Dubey at Custodio & Dubey.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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What Junk Fee Law Means For Biz In California And Beyond
Come July 1, companies doing business in California must ensure that the price of any good or service as offered, displayed or advertised is inclusive of all mandatory fees and other charges in compliance with S.B. 478, which may have a far-reaching impact across the country due to wide applicability, say Alexandria Ruiz and Amy Lally at Sidley Austin.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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Perspectives
Justices' Repeat Offender Ruling Eases Prosecutorial Hurdle
The U.S. Supreme Court’s decision last week in Brown v. U.S., clarifying which drug law applies to sentencing a repeat offender in a federal firearms case, allows courts to rely on outdated drug schedules to impose increased sentences, thus removing a significant hurdle for prosecutors, says attorney Molly Parmer.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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CFPB's Expanding Scope Evident In Coding Bootcamp Fine
The Consumer Financial Protection Bureau's recent penalty against a for-profit coding bootcamp that misrepresented its tuition financing plans is a sign that the bureau is seeking to wield its supervisory and enforcement powers in more industries that offer consumer financing, say Jason McElroy and Brandon Sherman at Saul Ewing.
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Key Insurance Considerations After $725M Benzene Verdict
The recent massive benzene verdict in Gill v. Exxon Mobil will certainly trigger insurance questions — and likely a new wave of benzene suits — so potential defendants should study Radiator Specialty v. Arrowood Indemnity, the only state high court decision regarding benzene claim coverage, says Jonathan Hardin at Perkins Coie.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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3rd Circ.'s Geico Ruling May Encourage Healthcare Arbitration
The Third Circuit's recent decision in Geico v. Mount Prospect, finding that claims under New Jersey's Insurance Fraud Prevention Act can be arbitrated, strengthens arbitration as a viable alternative to litigation, even though it is not necessarily always a more favorable forum, say Khaled Klele and Jessica Osterlof at McCarter & English.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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Is The State Lottery The New Online Casino?
The traditional lines of demarcation between smartphone lottery games and online casino games are eroding since the difference is largely indistinguishable to the casual gambler — begging the question of how legal treatment may differ between state lotteries and the private-sector casino industry, says Michael Peacock at Holland & Knight.