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Pennsylvania
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September 10, 2024
Eighty Hospitals Sue HHS Over 'Part C Days' Payment Rule
Scores of hospitals in Texas, California, Ohio, and other states sued the U.S. Department of Health and Human Services on Monday in a District of Columbia federal court over denied appeals that had sought additional Medicare payments for inpatient services.
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September 10, 2024
NLRB Says Penn. Hospital Must Give Union Wage Info
A Pittsburgh-based psychiatric hospital must provide nonunion wage information to a union representing nursing employees, the National Labor Relations Board has ruled, upholding an administrative law judge's decision that the data is relevant for the union to execute its duties.
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September 10, 2024
42 AGs Back Call For Social Media Warning Label Law
A bipartisan group of 42 attorneys general urged Congress on Tuesday to introduce warning labels on social media platforms in a bid to tackle risks posed to young people's mental health.
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September 10, 2024
Philly Firm Says It's Owed Referral Fee On Injury Case
The Rothenberg Law Firm LLP is going after a fellow personal injury firm in Pennsylvania for alleged breach of contract, contending it has refused to pay referral fees on a civil rights case against the city of Scranton that was settled for $900,000.
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September 10, 2024
Pietragallo Launches In South Jersey With Former Bush Atty
Pittsburgh-based Pietragallo Gordon Alfano Bosick & Raspanti LLP announced on Tuesday the opening of a new office in New Jersey to be led by a former associate counsel to President George W. Bush and Montgomery McCracken Walker & Rhoads LLP partner.
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September 10, 2024
Fannie Says Pa. Landlords Owe $60M For 7 Apt. Buildings
Fannie Mae is seeking foreclosure on roughly $60 million in overdue mortgage loans and interest tied to seven commercial properties in and around Philadelphia, according to a complaint filed in Pennsylvania federal court.
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September 10, 2024
Lewis Brisbois Lands 9 Litigators From Pillinger Miller
Lewis Brisbois Bisgaard & Smith LLP has added more litigation muscle with a nine-attorney pickup from Pillinger Miller Tarallo LLP, expanding the larger firm's head count in locations including New Jersey and New York.
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September 09, 2024
Pa. Supreme Court Snapshot: Benefits, Cannabis, Taxes
The Pennsylvania Supreme Court's September schedule will have the justices pondering when to cancel tax exemptions for hospitals, if stormwater fees are taxes in disguise, and the potential resurrection of requiring medical marijuana products to be tested and approved by two separate laboratories.
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September 09, 2024
Norfolk Southern CEO Shaw Faces Misconduct Probe
Norfolk Southern Corp. is investigating CEO Alan Shaw over allegations of misconduct, casting uncertainty over his future at the rail giant just months after a proxy fight with an activist investor.
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September 09, 2024
Philly Noncompete Ban Challenger Wants Case Paused
A tree service company suing to block the Federal Trade Commission's noncompete ban in Pennsylvania — the only jurisdiction so far where the commission fended off a preliminary injunction — has asked the judge to pause its case after federal courts in other states put similar suits on hold.
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September 09, 2024
Ohio Train Derailment Plaintiffs Seek Final OK Of $600M Deal
Residents and others affected by the Norfolk Southern train derailment and toxic chemical spill in East Palestine, Ohio, last year are asking an Ohio federal court for final approval of a $600 million settlement, including a $162 million payout for their attorneys.
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September 10, 2024
Most Young Lawyers Say Debt Alters Their Career Plans
A recent student debt study by the American Bar Association Young Lawyers Division has found that student debt affects young attorneys in many ways — including changing their career plans.
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September 09, 2024
Philly Healthcare Attorney Moves To Saxton & Stump
Saxton & Stump continued to expand its healthcare resources with this week's addition of an attorney who joined the firm's Philadelphia office after building his medical malpractice at White & Williams for more than 20 years.
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September 09, 2024
Pa. Nursing Home Chain Gets OK For October Facility Auction
A federal bankruptcy court has approved the sale of eight nursing homes in Western Pennsylvania and West Virginia as part of their owners' Chapter 11 reorganization, according to court orders issued Friday and Monday.
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September 06, 2024
3rd Circ. Follows Corner Post In Home Care OT Change Feud
Three home care companies' challenge to an Obama-era rule expanding overtime eligibility for certain workers is back on track, the Third Circuit ruled Friday, saying that the U.S. Supreme Court's Corner Post decision mooted a Pennsylvania federal court's ruling that the entities' suit was late.
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September 06, 2024
Pa. Borough Says Insurer, Atty Wrongfully Settled Feud
A Pennsylvania borough accused its insurer-retained counsel of committing legal malpractice by consummating a settlement acting against its wishes in an underlying "baseless" lawsuit brought by a borough council member, telling a state court that the attorney acted in the insurer's best interest.
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September 06, 2024
Ex-Union Head's Nephew Eyes Plea Change In Extortion Case
The nephew of convicted felon and the former business manager of International Brotherhood of Electrical Workers Local 98 is scheduled for a change of plea hearing on extortion charges stemming from allegedly intimidating a contractor on the Live! Casino construction project.
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September 06, 2024
US Steel Cos., Workers Seek New Tariffs On Foreign Steel
Domestic steel companies and a labor union are seeking additional antidumping and countervailing duties on corrosion-resistant steel imports, telling U.S. trade officials that overseas producers used unfair trade practices to gain an edge in the U.S. market.
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September 06, 2024
Pa. Paralegal Sues Former Firm For Disability Bias
A former paralegal for Allentown, Pennsylvania, firm Zator Law LLC claims in a federal Americans with Disabilities Act lawsuit that her termination was a result of the firm's discrimination of her panic disorder and retaliation for her request for accommodations.
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September 06, 2024
$147.5M Life Insurance Class Deal Gets First OK In Conn.
A Connecticut federal judge has given his initial approval to a $147.5 million settlement in a class action accusing two insurers of overcharging policyholders when deducting costs from savings accounts attached to universal life insurance plans, turning away objections from plaintiffs in parallel cases in other states.
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September 06, 2024
As Biden Looks To Block US Steel Deal, Rival Co. Weighs In
Cleveland-Cliffs is lauding President Joe Biden's reported decision to block U.S. Steel's $14.9 billion planned merger with Nippon Steel and says it is ready to scoop up U.S. Steel's union assets, as the rival steelmaker weighed in on the matter following a flurry of quick developments this week indicating that the Nippon deal is all but dead.
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September 06, 2024
Ex-Saleswoman Can't Add Back Pay To $1 Win In ADA Suit
A Pennsylvania federal judge said an ex-saleswoman can't collect a six-figure back pay award after a jury found she was unlawfully fired from an information technology company over her mental health issues but only gave her $1 in damages, noting that she found another job following her termination.
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September 06, 2024
Taxation With Representation: Debevoise, Bennett, Orrick
In this week's Taxation With Representation, Verizon reaches a deal to absorb Frontier in a deal worth $20 billion, First Majestic agrees to buy Gatos Silver for $970 million, and Epam Systems inks a $630 million purchase of Neoris.
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September 06, 2024
Indicted Power Broker, Atty Brother Hit With Civil RICO Suit
Philadelphia developer Carl Dranoff has accused the indicted brothers George E. Norcross III, a New Jersey power broker, and Parker McCay CEO Philip A. Norcross of causing him and his company millions of dollars in damages by intimidating and extorting him out of his property development rights in the city of Camden, New Jersey.
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September 06, 2024
SEC Accuses Esmark Of Lying About US Steel Bid
A failed bid to acquire U.S. Steel has landed Pittsburgh-based Esmark Inc. in hot water with the U.S. Securities and Exchange Commission, which announced Friday that it had fined the company and its founder for falsely claiming they had the money to buy the manufacturing giant.
Expert Analysis
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Opinion
3rd. Circ. Got It Right On Cancer Warning Claims Preemption
The Third Circuit's recent, eminently sensible ruling in a failure-to-warn case against Roundup manufacturer Monsanto, holding that the Federal Insecticide, Fungicide and Rodenticide Act preempts state law claims, provides a road map that other courts should adopt, says Lawrence Ebner at the Atlantic Legal Foundation.
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How Methods Are Evolving In Textualist Interpretations
Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.
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Finding Coverage For Online Retail Privacy Class Actions
Following recent court rulings interpreting state invasion of privacy and electronic surveillance statutes triggering a surge in the filing of privacy class actions against online retailers, companies should examine their various insurance policies, including E&O and D&O, for defense coverage of these claims, says Alison Gaske at Gilbert LLP.
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Avoiding Corporate Political Activity Pitfalls This Election Year
As Election Day approaches, corporate counsel should be mindful of the complicated rules around companies engaging in political activities, including super PAC contributions, pay-to-play prohibitions and foreign agent restrictions, say attorneys at Covington.
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Opinion
Congress Must Do More To Bolster ERISA Protections
As the Employee Retirement Income Security Act turns 50 this month, we applaud Congress for championing a statute that protects worker and retiree rights, but further action is needed to ban arbitration clauses in plan provisions and codify regulations imperiled by the U.S. Supreme Court’s Chevron ruling, say Michelle Yau and Eleanor Frisch at Cohen Milstein.
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Unpacking Jurisdiction Issues In 3rd Circ. Arbitration Ruling
The Third Circuit's recent ruling in George v. Rushmore Service Center could be interpreted to establish three principles regarding district courts' jurisdiction to enter arbitration-related orders under the Federal Arbitration Act, two of which may lead to confusion, says David Cinotti at Pashman Stein.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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How NJ Temp Equal Pay Survived A Constitutional Challenge
The Third Circuit recently gave the New Jersey Temporary Workers' Bill of Rights a new lease on life by systematically dismantling multiple theories of the act's unconstitutionality brought by staffing agencies hoping to delay their new equal pay and benefits obligations, say attorneys at Duane Morris.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Philly Project Case Renews Ongoing Fraud Theory Tug-Of-War
In its upcoming term, the U.S. Supreme Court will hear Kousisis v. U.S., a case involving wire fraud convictions related to Philadelphia bridge repair projects, and may once again further rein in prosecutorial attempts to expand theories of fraud beyond core traditional property rights, say Jonathan Halpern and Kyra Rosenzweig at Holland & Knight.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.