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Pennsylvania
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May 07, 2024
Margolis Edelstein Gets Rehearing In Del. Malpractice Case
Delaware's Supreme Court has granted Margolis Edelstein's bid for a rehearing by the full five-justice court of an April ruling that revived an insurer's malpractice suit claiming its incompetence caused the insurer to have to settle a case for $1.2 million.
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May 06, 2024
Ikea Sanctioned For Deleting Emails In Age Bias Suit
A Pennsylvania federal judge on Monday sanctioned Ikea for deleting four email accounts it had a duty to preserve in a proposed collective action alleging the furniture retailer discriminated based on age, saying Ikea was grossly negligent, the plaintiffs were prejudiced and the retailers' subsequent "strategy of delay and obfuscation" was "offensive."
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May 06, 2024
Sikorsky's Forum Stance In Crash Suit Loses Teeth, Court Told
A member of the Canadian Armed Forces has decided not to pursue "bystander claims" against Connecticut-based Sikorsky Aircraft Corp. and Lockheed Martin entities over a fatal helicopter crash off the coast of Greece, plaintiffs told a Pennsylvania federal court, noting that the development should pare down a forum dispute plaguing the matter.
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May 06, 2024
US Army Looks To Dismiss Tribe's Repatriation Lawsuit
The U.S. Army is seeking to dismiss efforts by a Native American tribe to repatriate the remains of two boys from one of the largest former Indian boarding schools in the country, arguing that it is "ready and willing" to assist to return them to their final resting places.
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May 06, 2024
Unclaimed Property Class Action Against Pa. Treasurer Axed
A Pennsylvania federal judge has tossed a potential class action challenging the constitutionality of the state's unclaimed property law, finding that the state treasurer doesn't have to pay interest on property that was otherwise abandoned.
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May 06, 2024
CFPB Sues Pa. Student Loan Servicer, Trusts For $5M
The Consumer Financial Protection Bureau is seeking $5 million in penalties against a Pennsylvania public corporation that services almost $18 billion in student loans and a group of 15 securitization trusts, accusing them in federal court of ignoring or wrongly denying borrowers who requested relief.
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May 06, 2024
Schools, Towns Reach Deal With Artificial Turf Maker
A class of New Jersey school districts and municipalities has asked a New Jersey federal judge to give preliminary approval to a settlement with FieldTurf USA Inc. to resolve multidistrict litigation over claims its synthetic turf fields are defective.
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May 06, 2024
Judge Questions Reason For Removing Chem Co. Wage Class
A Pennsylvania federal judge joined chemical company workers Monday in questioning whether the company had plausibly alleged that there were enough people in a proposed class to remove their wage suit from state court.
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May 06, 2024
Margolis Edelstein Wants Redo Of Malpractice Ruling In Del.
Margolis Edelstein wants the Delaware Supreme Court to reconsider its decision reviving an insurer's malpractice suit claiming its incompetence caused the insurer to have to settle a case for $1.2 million, and is asking the full court to rehear the matter.
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May 06, 2024
3rd Circ. Won't Revive Ex-Pa. Agency Atty's Firing Suit
The Third Circuit on Monday declined to revive a former Pennsylvania Department of Community and Economic Development attorney's suit alleging his firing violated his 14th Amendment rights, reasoning that the lawyer failed to show how his termination constitutes a deprivation of property.
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May 06, 2024
Nothing Super About GNC 'Super Magnesium' Pills, Suit Says
GNC Holdings was hit with a putative class action filed Friday in Illinois federal court alleging it falsely markets its brand of "Super Magnesium" dietary supplements as containing 400 milligrams of magnesium per serving, despite independent testing that revealed the supplements contain far less than what is advertised.
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May 03, 2024
DuPont, Corteva Want 'Schrödinger's Cat' Class Decertified
DuPont and Corteva Inc. asked a Pennsylvania federal court Friday to undo class certification for former employees who claim they were wrongly denied an "optional retirement" when DuPont de Nemours Inc. and Corteva's parent companies merged and they were spun off, arguing that the two class representatives' claims clash with the rest of the class.
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May 03, 2024
Railways Cos. Dodge Suit Claiming Pension Evasion Scheme
A Pennsylvania federal judge tossed a suit Friday claiming Transtar railways systematically fired workers whose pensions were about to vest in order to dodge payments, stating that the employees' complaint lacks enough detail to prove they were subjected to an illegal scheme.
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May 03, 2024
Amazon Sued For 'Horrific' Burns, Amputation From Foot Bath
A Pennsylvania man is suing Amazon.com Inc., Intertek USA Inc. and a pair of Chinese companies in federal court, saying he suffered "horrific burns" that led to the amputation of one foot after a foot bath he ordered through the online retailer malfunctioned and overheated.
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May 03, 2024
Rue21 Can Use Lender Cash As It Moves To Shut All Stores
A Delaware bankruptcy judge gave an initial nod Friday to teen apparel company rue21's bid to use its lender cash collateral to fund itself as it works to sell off inventory across 540 stores in the U.S. during its Chapter 11 case.
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May 03, 2024
3rd Circ. Clarifies Review Standard For Derivative Suits
In a precedential ruling Friday declining to revive Cognizant Technology investors' derivative claims over a bribery scandal, the full Third Circuit held that the best way to review such cases on appeal was from the beginning, not giving deference to the lower court's decision or considering whether there was an abuse of discretion.
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May 03, 2024
Fintech Co. Says PNC Acknowledged Use Of Logo For Years
Fintech company Plaid Inc. tried to fend off PNC Bank's allegations it tricked customers into handing over confidential account information, telling a Pennsylvania federal judge on Friday that the bank knew its trademarks were being used on Plaid's system.
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May 03, 2024
EU OKs Nippon-US Steel Deal As DOJ Causes Delayed Close
The European Commission on Friday indicated via an annotation on its merger review page that it has given Nippon Steel's controversial $14.9 billion acquisition of U.S. Steel its unconditional approval, a move that comes just a day after the parties announced the deal would be delayed due to further scrutiny from the U.S. Department of Justice.
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May 02, 2024
Endo Judge Hopes Criminal Sentence Warns Opioid Makers
A Michigan federal judge said Thursday she hoped Endo's criminal sentence for falsely advertising a pain medication as "abuse deterrent" would itself be a deterrent for other opioid makers, as she accepted the company's recent $200 million settlement deal with federal prosecutors.
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May 02, 2024
DOJ Wants More Info On Controversial US Steel-Nippon Deal
U.S. Steel revealed Thursday it has received a second request for information from the U.S. Department of Justice about its controversial plan to be sold to Japan's Nippon Steel Corp., but it said the deal is on track to be completed in the second half of this year.
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May 02, 2024
3rd Circ. Shuts Down Pa.'s Challenge To EPA Ozone Plan
The Third Circuit on Thursday upheld the U.S. Environmental Protection Agency's air emissions plan for coal-fired power plants in Pennsylvania, which the state and a company had argued was illegally imposed.
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May 02, 2024
3rd Circ. Reopens Chinese Tech Worker's Promotion Bias Suit
The Third Circuit revived a Chinese software engineer's lawsuit Thursday alleging he was denied a promotion and fired by a tax technology company because he complained about racist comments he faced, ruling a lower court evaluated the worker's claims too narrowly.
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May 02, 2024
Door Maker Asks To Undo Landmark Divestiture Order
Door maker Jeld-Wen has asked a Virginia federal court to dismiss an order in a private merger challenge requiring it to sell a manufacturing plant, saying the landscape has changed since the landmark 2018 ruling.
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May 02, 2024
Eckert Seamans Sues For Inclusive Zoning Fight Fees
Eckert Seamans Cherin & Mellott says a group representing Pittsburgh-area developers still owes nearly $76,000 in legal fees for the firm's work on a federal suit challenging an "inclusive zoning" ordinance, according to a complaint filed in Pennsylvania state court Thursday.
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May 02, 2024
Calif. Hospitals Say BCBS Unit Left Them With $3.8M Bill
A pair of California health systems say that Pittsburgh-based Highmark Blue Cross Blue Shield isn't honoring its obligations to pay them under a national Blue Cross insurance program, leaving their hospitals holding the bag for up to $3.8 million worth of treatment, according to two lawsuits filed in Pennsylvania state court.
Expert Analysis
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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And Now A Word From The Panel: Tracking MDL Geography
In recent years, the Judicial Panel on Multidistrict Litigation has predominantly selected states east of the Mississippi River as venues for new MDLs — but with half of the proceedings it has created in recent months venued in Arizona and California, the panel is not neglecting the western part of the country, says Alan Rothman at Sidley.
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Pa. Ruling Shows Why Term Sheet Can Be Worth The Wait
A Pennsylvania bankruptcy court’s recent In re: Legarde ruling, holding that a settlement term sheet was enforceable, reminds litigants that it’s crucial to draft a written agreement before leaving mediation in order to resolve potential evidentiary issues and protect against buyer’s remorse, says Brian Shaw at Cozen O'Connor.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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An Overview Of Circuit Courts' Interlocutory Motion Standards
The Federal Arbitration Act allows litigants to file an immediate appeal from an order declining to enforce an arbitration agreement, but the circuit courts differ on the specific requirements for the underlying order as well as which motion must be filed, as demonstrated in several 2023 decisions, says Kristen Mueller at Mueller Law.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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What Cos. Should Know About FTC's Proposed Junk Fee Rule
The Federal Trade Commission recently announced a notice of proposed rulemaking targeting junk fees and how businesses may advertise prices to consumers — and since it would give the agency powers to seek monetary penalties against businesses that do not comply, companies should look to get ahead now, say Phyllis Marcus and Nicole Johnson at Hunton Andrews.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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Rite Aid's Reasons For Ch. 11 Go Beyond Opioid Suits
Despite opioid-related lawsuits being the perceived reason that pushed Rite Aid into bankruptcy, the company's recent Chapter 11 filing reveals its tenuous position in the pharmaceutical retail market, and only time will tell whether bankruptcy will right-size the company, says Daniel Gielchinsky at DGIM Law.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.