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Pennsylvania
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March 28, 2025
Ex-MLB Player Says Pro-Gun Social Media Site Duped Him
Former catcher and current TV commentator for the Pittsburgh Pirates Michael McKenry claims he was duped into investing in a "pro-Second-Amendment" online video platform with false promises of social media reach and growth, in a lawsuit in Pennsylvania state court seeking his money back.
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March 28, 2025
Key State And Local Tax Takeaways From March
State legislatures intensified work in March with an eye toward winding down their sessions, giving rise to significant measures that included Kentucky lawmakers' override of a veto on judicial deference and an income tax cut in Utah. Here, Law360 presents state and local tax developments to know from the past month.
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March 28, 2025
Azzur Judge OKs At Least $1.3M In Potential Exec Bonuses
A Delaware bankruptcy judge on Friday approved Azzur Group Holdings LLC's plan to award company executives at least $1.3 million if a Chapter 11 sale yields at least $56 million in proceeds, over the objection of the U.S. Trustee's Office, which flagged a potential conflict of interest for an independent manager.
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March 28, 2025
Masonry Exec Charged In Plot To Bribe Amtrak Official
The president of an Illinois-based masonry contractor awarded a $58 million federal contract to renovate Philadelphia's historic 30th Street Station has been charged with conspiring to bribe an Amtrak official, the U.S. attorney's office in the city said Friday.
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March 28, 2025
Class Deal Doesn't Free Shell Contractor From Fed. Wage Suit
A class action settlement in Pennsylvania state court over unpaid time spent shuttling to and from the construction of Shell's Beaver County petrochemical plant was distinct enough from a proposed federal class action that the contractor defendant can't dismiss the latter suit, a federal judge ruled Friday.
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March 28, 2025
3rd Circ. Preview: April Arguments Feature Class Action Rows
The Third Circuit's April argument lineup springs into action with securities litigation brought by Walmart investors claiming they were misled about the government's opioid investigation into the company, and a bid to upend an attorney fee award stemming from the settlement of data breach litigation against convenience store chain Wawa.
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March 28, 2025
Off The Bench: NCAA Wages, Coach Hacking, Tennis Tension
In this week's Off The Bench, the NCAA fires its latest salvo against paying wages to college athletes, the legal fallout from hacking allegations against a former University of Michigan football coach intensifies, and the men's tennis tour fights back against claims of intimidation.
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March 27, 2025
Diopsys Inks $14M Deal Resolving Vision Testing FCA Claims
Medical device maker Diopsys Inc. has agreed to pay up to $14.25 million to put to rest allegations it violated the False Claims Act by submitting false Medicare and Medicaid claims for certain vision testing services, according to a U.S. Department of Justice announcement Thursday.
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March 27, 2025
Sikorsky Loses Bid To Move Fatal Crash Suit To Conn.
Sikorsky Aircraft Corp. can't get a lawsuit over a fatal helicopter crash transferred from Pennsylvania to Connecticut, in part because the crashed helicopter underwent finishing and flight testing at Sikorsky's former facility in the Keystone State, a federal judge has ruled.
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March 27, 2025
DOJ's Antitrust Unit Targeting Anticompetitive Regulations
The U.S. Department of Justice launched a task force on Thursday aimed at eliminating state and federal laws and regulations that are hindering competition, with an initial focus on key sectors including housing, food and transportation.
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March 27, 2025
3rd Circ. Says Pension Law OKs Suits To Enforce Settlements
A Teamsters pension fund can go after a bankrupt dairy business's affiliates for the $39 million that the business owes the fund under the terms of a settlement, the Third Circuit ruled Thursday, saying the fund has a viable cause of action under the Multiemployer Pension Plan Amendments Act.
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March 27, 2025
Fox Rothschild Welcomes Back Litigator To Philly Area Office
An attorney who spent over a year with plaintiffs firm Eisenberg Rothweiler Winkler Eisenberg & Jeck PC on the other side of the aisle has gone back to the defense side with his recent return to Fox Rothschild LLP's office in the Philadelphia suburbs.
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March 27, 2025
Pa. Court Voids Theme Park's 'Click-Through' Contract
A Pittsburgh-area amusement park's online season tickets came with a "click-through" agreement to resolve disputes out of court that Pennsylvania appellate courts have said is not binding without including a clear warning, which a judge said justified not sending a proposed class action to arbitration.
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March 27, 2025
Pa. Coal Co. Gets OK For $23.5M Asset Sale In Ch. 11
A Pennsylvania bankruptcy judge on Thursday approved the sale of assets of bankrupt Corsa Coal Corp. for $23.5 million, overriding arguments against including litigation claims in the sale and for earmarking proceeds for environmental cleanup.
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March 26, 2025
Sotomayor Urges Caution On Nondelegation Doctrine Revamp
U.S. Supreme Court Justice Sonia Sotomayor cautioned her colleagues during oral arguments Wednesday against using a challenge to the Federal Communications Commission's administration of a broadband subsidy program as a way to resurrect the long-dormant nondelegation doctrine. Several conservative justices, however, seemed willing to disregard that admonition.
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March 26, 2025
Crypto Co. CEO Must Face Suit Alleging Refund Fraud
The CEO of Power Block Coin LLC, which does business as SmartFi, must face a suit accusing him and the company of refusing to fulfill their "buyback guarantee" of its SmartFi tokens, with a Pennsylvania federal court ruling that the plaintiffs have sufficiently alleged that the CEO promised SmartFi would refund investors their money.
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March 26, 2025
Par Funding's Ex-CEO Gets 15½ Years For Racketeering, Fraud
Par Funding ex-CEO Joseph LaForte was sentenced to 15½ years in prison Wednesday for his role in running a $404 million racketeering conspiracy that prosecutors said involved him bilking the cash advance business's investors and threatening its borrowers with violence if they didn't pay up.
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March 26, 2025
Court Backs Pitt, UPMC In Firing Doctor Over DEI Article
A former program director at the University of Pittsburgh School of Medicine failed to show that officials at the University of Pittsburgh Medical Center were acting in a state capacity when they removed him from overseeing a cardiac fellowship program over his criticism of diversity initiatives, a federal judge ruled Wednesday in dismissing his case.
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March 26, 2025
AGs Seek 1st OK For $39M Apotex Deal In Price-Fixing Case
A coalition of 50 state attorneys general on Wednesday asked a Connecticut federal judge to accept a $39.1 million deal settling claims that pharmaceutical company Apotex Corp. schemed with others to fix generic-drug prices, with 70% earmarked for a restitution fund and 30% for consumer notices and attorney fees.
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March 26, 2025
FERC Pressed To Reject $26.6B Constellation-Calpine Merger
Consumer and environmental groups have urged the Federal Energy Regulatory Commission to block Constellation's $26.6 billion purchase of Calpine, saying a tie-up of two of North America's largest independent power producers would reduce competition in the nation's largest regional electricity market.
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March 26, 2025
3rd Circ. Says Atty 'Friends Turned Foes' Had No Contract
The Third Circuit on Wednesday stood by a New Jersey federal judge's decision to dismiss a breach of contract counterclaim brought in a yearslong fee dispute between two attorneys and former partners, agreeing with the lower court that "the friends turned foes never entered a binding contract."
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March 26, 2025
Pa. Panel Says Summer Camp Doesn't Make Worker Seasonal
An injured "excursion director" for a Pennsylvania campground can't be considered a seasonal employee — and thus entitled to less in workers' compensation — based solely on the camp's summer operations, a state appellate court ruled Wednesday.
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March 26, 2025
Need For Individual Analyses Sinks Class Bid In Vax Bias Suit
A group of former workers claiming they were unlawfully denied medical and religious exemptions from a Pittsburgh public transportation system's COVID-19 vaccination policy cannot proceed as a class, a Pennsylvania federal judge ruled, saying the case involved too many individual issues.
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March 25, 2025
SoLo Funds Interest Rate Suit Sent To Arbitration
Financial app SoLo Funds Inc. can arbitrate allegations it deceived users by describing its advances as no-cost, a Pennsylvania federal judge has ruled after the Third Circuit reversed her earlier decision to deny an arbitration bid.
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March 25, 2025
Philly Beats Curfew Suit By Minority-Owned Liquor Stores
A Pennsylvania federal judge dismissed, for now, a constitutional challenge by Asian American and Arab American business owners who alleged Philadelphia city officials unfairly targeted their shops with arbitrary late-night curfews and nuisance ordinances, ruling Monday they lacked standing since none of them received fines or were ordered to shut down.
Expert Analysis
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Opinion
To Shrink Jury Awards, Address Preventable Medical Errors
While some health industry leaders complain about large malpractice awards — like the recent $45 million verdict in Hernandez v. Temple University Hospital — these payouts are only a symptom of the underlying problem: an epidemic of preventable medical errors, says Eric Weitz at The Weitz Firm.
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With Esmark Case, SEC Returns Focus To Tender Offer Rules
The U.S. Securities and Exchange Commission's recent enforcement action against Esmark in connection with its failed bid to acquire U.S. Steel indicates the SEC's renewed attention under Rule 14e‑8 of the Exchange Act on offerors' financial resources as a measure of the veracity of their tender offer communications, say attorneys at MoFo.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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Navigating Complex Regulatory Terrain Amid State AG Races
This year's 10 attorney general elections could usher in a wave of new enforcement priorities and regulatory uncertainty, but companies can stay ahead of the shifts by building strong relationships with AG offices, participating in industry coalitions and more, say Ketan Bhirud and Dustin McDaniel at Cozen O’Connor.
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3rd Circ. Hertz Ruling Highlights Flawed Bankruptcy Theory
The Third Circuit, in its recent Hertz bankruptcy decision, became the latest appeals court to hold that noteholders were entitled to interest before shareholders under the absolute priority rule, but risked going astray by invoking the flawed theory of code impairment, say Matthew McGill and David Casazza at Gibson Dunn.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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What Pennsylvania Can Expect From Anti-SLAPP Law
Pennsylvania's anti-SLAPP law is an important step in protecting speech on matters of public concern against retaliatory claims, and is buttressed by a robust remedy for violations as well as procedural requirements that lawyers must follow to take advantage of its application in practice, says Thomas Wilkinson at Cozen O'Connor.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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Class Actions At The Circuit Courts: September Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy identifies practice tips from four recent class certification rulings involving denial of Medicare reimbursements, automobile insurance disputes, veterans' rights and automobile defects.
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How NLRB Memo Balances Schools' Labor, Privacy Concerns
Natale DiNatale at Robinson & Cole highlights the recent National Labor Relations Board advice memorandum that aims to help colleges reconcile competing obligations under the National Labor Relations Act and the Family Educational Rights and Privacy Act as university students flock toward unionization.