Pennsylvania

  • March 07, 2024

    Skechers Fined $1.25M Over Execs' Family Member Payments

    Skechers will pay the U.S. Securities and Exchange Commission $1.25 million to resolve claims it failed to disclose hundreds of thousands of dollars in payments made to its directors and their immediate family members who were hired by the sneaker giant as contractors or nonexecutive employees.

  • March 07, 2024

    Penn State Suit Sets Off Debate Over Trademarks' Function

    The Pennsylvania State University and sports apparel retailer Vintage Brand are locked in a legal battle that could force courts to reexamine how trademarks function in merchandise licensing and potentially make it harder to prevail on counterfeiting claims, according to attorneys.

  • March 07, 2024

    Pa. Justices To Consider Liability Of Parents Hiding Son's Gun

    The Supreme Court of Pennsylvania agreed to hear an appeal asking whether the parents of a convicted murderer can be held liable for the victim's family's emotional trauma because their alleged concealment of the murder weapon delayed the discovery of their son's body.

  • March 07, 2024

    Pa. Counselor Says She Got No Help At Non-Accessible School

    A former school counselor with a prosthetic leg says her nonprofit employer refused to help when her assigned school wouldn't accommodate her disability, then fired her for complaining, according to a lawsuit filed in Pennsylvania state court.

  • March 07, 2024

    Pa. Panel Chides Court For Sealing Murder Case Docket

    The Pennsylvania Superior Court has ruled in a precedential opinion that a county judge violated the First Amendment in sealing the docket in a criminal case and denying access to local media trying to report on the alleged murder-for-hire of a man in Westmoreland County.

  • March 07, 2024

    Estate, Collector Settle Spat Over 'Blade Runner' Poster Art

    The family of a former movie poster artist and a Pennsylvania attorney-turned-art collector have settled a dispute over the original art for a "Blade Runner" poster, with the parties agreeing to sell the art and split the proceeds.

  • March 07, 2024

    Nissan Cooling Fans Defective, Class Suit Claims

    A proposed class of car buyers is suing Nissan North America Inc. in Tennessee federal court, alleging the automaker made and sold Pathfinder and Infiniti vehicles with defective radiator fans, leading to engines overheating and shutting down.

  • March 06, 2024

    Meta Must Tackle Increased Account Hijackings, 41 AGs Say

    A bipartisan group of 41 attorneys general have urged Meta Platforms Inc. to tackle the "dramatic" increase in hackers taking over Facebook and Instagram accounts, saying the attacks have caused financial harm to victims and their families and friends.

  • March 06, 2024

    Pa. Pharma Co. Cops To Adulterated-Drug Charges

    A Pennsylvania generic drug manufacturer has pled guilty to federal charges that it sold adulterated drugs in the U.S. into interstate commerce and agreed to pay a $1.5 million penalty, the U.S. Department of Justice said Wednesday.

  • March 06, 2024

    Choice Can Confirm Award Over $61M In Franchisee Claims

    Choice Hotels has been ordered to pay a roughly $780,000 arbitration award after dozens of South Asian franchisees earlier fought the hotel chain's bid to arbitrate their claims that a vendor kickback scheme cost them $61 million.

  • March 06, 2024

    Norfolk Southern Can't Shift Cleanup Costs To Tank Car Cos.

    Norfolk Southern cannot dump environmental cleanup costs on seven tank car owners and shipping customers with rail cars transporting chemicals and hazardous materials on the train that derailed in East Palestine last year, an Ohio federal judge said Wednesday.

  • March 06, 2024

    3rd Circ. Questions Who Can Sue Under NJ Cannabis Law

    The Third Circuit on Wednesday struggled to pinpoint whether workers can sue employers under a New Jersey law that protects them from punishment for cannabis use, while also expressing unease about accepting Walmart's assertion that state regulators possess broad enforcement authority.

  • March 06, 2024

    NTSB Chief Says Boeing Isn't Sharing Info In Blowout Probe

    The National Transportation Safety Board's chief told a Senate panel Wednesday that The Boeing Co. still hasn't provided information about the door plug that blew off a 737 Max 9 jet two months ago, fueling troubling new questions as Boeing faces multiple probes into its safety culture and quality control.

  • March 06, 2024

    'Anarchists' Don't Absolve Newspaper Unions, Pa. Panel Told

    A Pennsylvania judge's finding that "anarchists" had joined up with striking unions outside a Pittsburgh Post-Gazette facility should not let the unions off the hook for blocking delivery vehicles from going in and out of the facility's parking lot, an attorney for the newspaper's publisher argued before a state appellate panel Wednesday.

  • March 06, 2024

    3rd Circ. Bristles At Exxon Ignoring OSHA Whistleblower Order

    A Third Circuit panel on Wednesday seemed exasperated with ExxonMobil's refusal to reinstate two fired whistleblowers despite an Occupational Safety and Health Administration order to do so, repeatedly grilling the energy company's counsel to come up with a good reason for flouting the directive.

  • March 06, 2024

    Sewer Deal Kept On Ice During Appeal In Philly Suburb's Ch. 9

    A Philadelphia bankruptcy judge Wednesday rejected a utility's latest effort to lift the automatic stay triggered by the City of Chester's Chapter 9 bankruptcy, which has delayed a $276.5 million sewer sale, saying it would require her to answer questions that are on appeal from a similar motion she nixed last year.

  • March 06, 2024

    Logistics Co. Escapes Ex-Worker's Age Bias Suit For Now

    A federal judge has tossed a man's suit claiming a logistics company forced him to quit because he's in his 60s, saying it appeared that the ex-employee should have invoked the laws of Pennsylvania, not New Jersey.

  • March 06, 2024

    Correctional Facility Settles Inmate's HIV Bias Suit

    A Pennsylvania county and a private correctional facility management company agreed to end a former inmate's suit claiming he was unlawfully barred from working in the kitchen after his HIV status was improperly disclosed, his attorneys announced Wednesday.

  • March 05, 2024

    Penn Perpetuates 'Virulent Anti-Jewish Hatred,' Students Say

    The University of Pennsylvania has fostered a culture of antisemitism that has only escalated since Hamas-led killings in Israel on Oct. 7, according to an amended federal complaint accusing the school of cultivating a "pervasively hostile educational environment."

  • March 05, 2024

    Tank Car Cos. Can Inspect Derailed Train Parts, Judge Says

    An Ohio federal magistrate judge said Tuesday that the National Transportation Safety Board must allow rail tank car owners facing claims in sprawling consolidated litigation to inspect crucial components from the Norfolk Southern train that derailed in East Palestine last year.

  • March 05, 2024

    Philly, Dallas Feds Name New Top Attys

    The Federal Reserve Bank of Philadelphia on Tuesday announced it has promoted its deputy general counsel to senior vice president and general counsel, following a similar announcement from the Federal Reserve Bank of Dallas about its former interim general counsel.

  • March 05, 2024

    3rd Circ. Skeptical Of Teamsters' Belated Wage Grievance

    A Third Circuit panel appears likely to uphold a decision dismissing a union's wage grievance win despite buying that a cemetery operator disregarded their deal after all but agreeing Tuesday with a district court judge that the union waited too long to object to the company's alleged violation.

  • March 05, 2024

    Pa. Justices Ask If Pipeline Fight Is Preempted 'Civil Action'

    The Pennsylvania Supreme Court on Tuesday pondered whether the federal National Gas Act empowers the state to review permits for a pipeline project, or bars it from doing so, a question that hinges on whether appeals to a state board are preempted civil actions or administrative proceedings that would fall under the state's purview.  

  • March 05, 2024

    Rite Aid Process To Break Leases, Close Stores In Ch. 11 OK'd

    A New Jersey bankruptcy judge on Tuesday signed off on procedures for bankrupt retail pharmacy chain Rite Aid Corp. to potentially shutter 210 rented stores with fast-approaching lease rejection deadlines, overruling objections from two landlords.

  • March 05, 2024

    Judge's Side Job Invalidates Tax Rulings, Pa. Justices Told

    Pennsylvania's constitution has barred judges from holding second jobs since 1776, counsel for a Delaware County hospital told the state Supreme Court during an oral argument Tuesday, so a senior judge who started collecting pay from a Philadelphia tax appeals board had effectively resigned and his rulings on the hospital's tax appeals were invalid.

Expert Analysis

  • And Now A Word From The Panel: A One-State MDL?

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    As the Judicial Panel on Multidistrict Litigation prepares for its September hearing session where it will consider a petition in which the two constituent actions are both pending in Pennsylvania, but in different districts, Alan Rothman at Sidley points out that the presence of actions in a single state does not preclude the filing of an MDL petition.

  • 2 Cases May Expand CFPB's Reach On Deceptive Practices

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    In two separate cases, the Consumer Financial Protection Bureau is asserting a broad interpretation of who is subject to the Consumer Financial Protection Act's prohibition on unfair, deceptive, or abusive acts and practices, raising questions about what an expansion of its authority might mean for consumer credit markets, say John Coleman and Leslie Meredith at Orrick.

  • Exclusivity Loss Holds Power In Trade Secret Damages Claims

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    A Pennsylvania federal court's recent decision in Elite Transit v. Cunningham adds to a growing body of case law that illustrates how the loss of trade secret exclusivity alone may be sufficient for claiming damages, even when commercialization of a trade secret has not occurred, say Christopher DeBaere and Julia Bloch at Archway Research.

  • Section 363 Ruling Lines Up With Avoidance Action Precedent

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    While it is safe to say that avoidance actions in bankruptcy cases are the exception, not the rule, when selling assets in a Section 363 sale, the Eighth Circuit’s recent ruling in Simply Essentials’ Chapter 5 case reveals uniformity among courts that have considered the issue, says Daniel Lowenthal at Patterson Belknap.

  • What Large Language Models Mean For Document Review

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    Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.

  • Checking In On How SuperValu Has Altered FCA Litigation

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    Four months after the U.S. Supreme Court's ruling in U.S. ex rel. Chutte v. SuperValu, the decision's reach may be more limited than initially anticipated, with the expansion of the scienter standard counterbalanced by some potential defense tools for defendants, say Elena Quattrone and Olivia Plinio at Epstein Becker.

  • Series

    Participating In Living History Makes Me A Better Lawyer

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    My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.

  • Opinion

    Private Equity Owners Can Remedy Law Firms' Agency Issues

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    Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.

  • How To Protect Atty-Client Privilege While Using Generative AI

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    When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.

  • What FERC-PJM Negotiations Mean For The Energy Industry

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    Following the aftermath of Winter Storm Elliot, disputes associated with the PJM Interconnection settlement negotiations taking place at the Federal Energy Regulatory Commission have brought to the fore a potential legal minefield arising out of extreme weather events that could lead to commercial risks for power generating companies, say attorneys at Hogan Lovells.

  • How New Lawyers Can Leverage Feedback For Growth

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    Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.

  • Bracing For Rising Cyber-Related False Claims Act Scrutiny

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    Two recent cyber-related False Claims Act cases illustrate the vulnerability of government contractors, including universities, obliged to self-attest compliance with multiple controls, signal the importance of accurate internal controls and underline the benefits of self-disclosure, say Townsend Bourne and Nikole Snyder at Sheppard Mullin.

  • A Cautionary Tale Of Flawed Debt Accounting And SEC Fines

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    The U.S. Securities and Exchange Commission's recent improper-accounting charges against Malvern Bancorp and its ex-CFO highlight crucial practice issues, including the need to objectively evaluate borrowers' credit, say attorneys at Arnold & Porter.

  • Minn. Product Case Highlights Challenges Of Misuse Defense

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    The recent decision by a Minnesota federal court in McDougall v. CRC Industries illustrates that even where a product that is clearly being misused results in personal injuries, manufacturers cannot necessarily rely on the misuse defense to absolve them of liability exposure, says Timothy Freeman at Tanenbaum Keale.

  • Twitter Legal Fees Suit Offers Crash Course In Billing Ethics

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    X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.

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