Pennsylvania

  • March 19, 2024

    Philly Paralegals Get OK For OT Collective, But Not Class

    A group of some 200 paralegals in the Philadelphia District Attorney's Office may pursue claims of unpaid overtime compensation as a collective but not a class, a Pennsylvania federal court held, finding a proposed class of representatives lacked evidence of a common injury.

  • March 19, 2024

    Cancer Patient Fights Monsanto's Philadelphia Roundup Win

    A cancer patient alleging that he developed his illness after using the weed killer Roundup wants to overturn Bayer AG unit Monsanto's first win in Philadelphia's Roundup mass tort, arguing that the judge's erroneous evidentiary rulings caused him to lose the case.

  • March 20, 2024

    Future Of Judge-Shopping Reform Hazy After Rule Proposal

    The policymaking body for U.S. courts provoked a stir last week when it proposed a rule designed to curb "judge shopping," with observers saying that the policy does address one type of the practice but that it remains to be seen if individual federal district courts will be willing to adopt even that limited reform.

  • March 19, 2024

    Leech Tishman Tells 6th Circ. Time Ran Out On Fraud Suit

    A former Leech Tishman attorney was not party to a tolling agreement between his law firm and investors caught in a Ponzi scheme he allegedly should have warned them away from, so the firm should escape vicarious liability once the time limit expired for the investors to sue him, counsel for the firm told the Sixth Circuit Tuesday.

  • March 19, 2024

    States Converge On Texas' Challenge To EPA Methane Rule

    A California-led coalition of Democratic attorneys general wants to defend new federal limits on oil and gas industry methane emissions challenged by Texas, Oklahoma and other conservative states, with supporters of the new rules claiming a sovereign interest in protecting their citizens from harmful greenhouse gas pollution.

  • March 19, 2024

    Nippon Steel Tries To Ease Worries Over $14.9B US Steel Deal

    Nippon Steel Corp. pledged to move its North American headquarters to Pennsylvania in an attempt to assure the public that its proposed $14.9 billion acquisition of Pittsburgh-based U.S. Steel will ultimately be good for the domestic steel industry.

  • March 19, 2024

    J&J Says Former Exec Stole Thousands Of Files In Move To Pfizer

    Johnson & Johnson has sued a former competitive strategy director in New Jersey federal court, claiming he illegally downloaded thousands of confidential files on his way out the door to work for direct competitor Pfizer.

  • March 19, 2024

    3rd Circ. Says CFPB Can Go After Student Loan Trusts

    The Third Circuit ruled Tuesday that the Consumer Financial Protection Bureau can carry on with its debt collection practices suit against a group of Delaware student loan trusts, rejecting their claims that they are just passive financing entities outside the reach of the agency's enforcement authority.

  • March 19, 2024

    Justices Say Courts Can Review Immigration Hardship Denial

    The U.S. Supreme Court on Tuesday revived a Trinidad and Tobago native's bid to cancel his removal based on the hardship it would cause his U.S. citizen son, ruling that circuit courts do have authority to review mixed questions of law and fact.

  • March 18, 2024

    Philly Nonprofit Execs Lived Large On Co. Money, Jury Told

    Jurors should not believe arguments from two nonprofit executives who are former associates of City Councilman Kenyatta Johnson who said they simply made bookkeeping mistakes and didn't concoct an alleged scheme to spend company money on things like huge bonuses, lavish vacations and bribing a Milwaukee school official, federal prosecutors said Monday. 

  • March 18, 2024

    SEC Fines Supervisor $47K Over Revenue Inflation Claims

    A former finance director of water treatment company Evoqua Water Technologies Corp. will pay the U.S. Securities and Exchange Commission nearly $47,000 to resolve claims that he was part of a scheme to inflate the company's revenue by $36 million.

  • March 18, 2024

    4th Circ. Sends Opioid 'Nuisance' Question To W.Va. Top Court

    The Fourth Circuit asked West Virginia's high court Monday to determine whether the state's public nuisance law can be used to target companies that shipped drugs to pharmacies in a community ravaged by addiction, a crucial question in litigation spawned by the opioid crisis.

  • March 18, 2024

    Canada Dry Gets Va. Wage Claim Trimmed From OT Suit In Pa.

    A Pennsylvania federal judge agreed Monday to toss Virginia state wage claims from a Pennsylvania lawsuit accusing Canada Dry of miscalculating overtime wages for eligible workers, saying a 2022 amendment that set overtime pay limits dooms the state wage claims.

  • March 18, 2024

    Construction Co. Can't Dodge Fired Pa. Pot Patient's Bias Suit

    A Pennsylvania federal judge has kept alive the crux of a former painter's suit alleging an industrial construction company illegally fired her after she tested positive for pot despite holding a medical marijuana card, finding her collective bargaining agreement doesn't bounce the claim from court.

  • March 18, 2024

    Pa. Firm Partner's Equity Suit Sent Back To State Court

    A dispute between two firm partners is being remanded to Pennsylvania state court after a U.S. district judge ruled Friday that the case lacks the geographic diversity required to be in federal court because both attorneys remain members of the firm, despite one submitting notice of her intent to withdraw.

  • March 18, 2024

    Would-Be Pa. Candidate Can't Invalidate Signature Objections

    A candidate seeking to get on the Democratic ballot for Pennsylvania's U.S. Senate race got an extension for filing his nomination petitions, so voters challenging the validity of his petition signatures also got an extension, a state appellate court has ruled in a now-precedential decision. 

  • March 15, 2024

    DC Circ. Presses FERC On Justification For Pipeline Expansion

    A D.C. Circuit panel on Friday questioned whether the Federal Energy Regulatory Commission had demonstrated that a Northeast pipeline expansion project was necessary to ensure that the region would have enough natural gas during extremely cold weather.

  • March 15, 2024

    Jury Awards GeigTech $34.6M In Roller Shade Patent Trial

    A New York federal jury has found that home lighting fixtures company Lutron owes GeigTech $34.6 million for infringing its patent on window shade brackets, while also finding that the infringement was willful.

  • March 15, 2024

    Pittsburgh NLRB Office Approves Security Co.'s ULP Deal

    A security company will pay more than $286,000 to workers to settle an unfair labor practice charge, the National Labor Relations Board announced Friday, with the NLRB general counsel winning a lost bargaining opportunity remedy.

  • March 15, 2024

    Pa. Court Can Hear NY Borrowers' Class Action Against Bank

    The Pennsylvania Superior Court has ruled in a precedential opinion that a Philadelphia court can preside over class claims brought by borrowers from New York as well as Pennsylvania, claiming Five Star Bank violated both states' uniform commercial codes by repossessing their vehicles.

  • March 15, 2024

    Pa. University Knocks Out Surgeon's $15M Sex Bias Win

    A Pennsylvania federal judge has erased a $15 million verdict won by a surgeon who said Thomas Jefferson University ignored his claims that a female resident sexually assaulted him, ruling that text messages he sent warranted a new trial.

  • March 15, 2024

    Ex-Philly AFSCME Council Prez Wants Election Bar Reversed

    A former American Federation of State, County and Municipal Employees leader who faced charges that he skirted hiring rules wants a Pennsylvania federal court to find that a hearing officer overstepped his authority when he removed him from office and banned him from running for reelection last month.

  • March 15, 2024

    White House Stands By 3rd Circ. Nominee Amid GOP Attacks

    White House Press Secretary Karine Jean-Pierre on Friday urged the Senate to confirm Third Circuit nominee Adeel Mangi, who would be the first Muslim federal appellate judge, amid widespread criticism from Republicans and a report that the votes might not be there to secure confirmation.

  • March 14, 2024

    Foul-Language Row Met With Fowl Metaphors In Court Showdown

    An attorney for Welch Foods hatched a flock of duck-related metaphors Thursday during an oral argument over whether a male ex-worker's vulgar comments to a female coworker amounted to sexual harassment, and if an arbitrator had been wrong to reinstate the ex-worker despite the facts before her.

  • March 14, 2024

    Verizon Sues Pa. Town Over Cell Tower Permit Denial

    Verizon Wirless is suing a small Pennsylvania borough for rejecting its application to install a 105-foot monopole and equipment compound near the town's center, saying the denial will inhibit Verizon from closing a wireless coverage gap and violates the Communications Act of 1934.

Expert Analysis

  • Preparing Law Students For A New, AI-Assisted Legal World

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    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.

  • General Counsel Need Data Literacy To Keep Up With AI

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    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.

  • Rite Aid's Reasons For Ch. 11 Go Beyond Opioid Suits

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    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.

  • Navigating Discovery Of Generative AI Information

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    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.

  • Finding Focus: Strategies For Attorneys With ADHD

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    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • Employers Should Review Training Repayment Tactics

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    State and federal examination of employee training repayment agreements has intensified, and with the potential for this tool to soon be severely limited, employers should review their options, including pivoting to other retention strategies, says Aaron Vance at Barnes & Thornburg.

  • Opinion

    Courts Shouldn't Credit Allegations From Short-Seller Reports

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    Securities class actions against public companies can extend for years and lead to significant settlements, so courts should not allow such cases with allegations wholly reliant on reports by short-sellers, who have an economic interest in seeing a company's stock price decline, to proceed past the motion to dismiss stage, says Richard Zelichov at DLA Piper.

  • Handling Religious Objections To Abortion-Related Job Duties

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    While health care and pharmacy employee religious exemption requests concerning abortion-related procedures or drugs are not new, recent cases demonstrate why employer accommodation considerations should factor in the Title VII standard set forth by the U.S. Supreme Court’s 2023 Groff v. DeJoy ruling, as well as applicable federal, state and local laws, say attorneys at Epstein Becker.

  • Attorneys, Law Schools Must Adapt To New Era Of Evidence

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    Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.

  • The Growing Need For FLSA Private Settlement Rule Clarity

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    A Pennsylvania district court's recent ruling in Walker v. Marathon Petroleum echoes an interesting and growing trend of jurists questioning the need for — and legality of — judicial approval of private Fair Labor Standards Act settlements, which provides more options for parties to efficiently resolve their claims, says Rachael Coe at Moore & Van Allen.

  • Tips For Litigating Against Pro Se Parties In Complex Disputes

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    Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.

  • Compliance Primer: Foreign Investment In US Real Property

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    The rise in foreign investment in U.S. real property, especially agricultural land, has led to increased national security concerns, meaning it’s important to understand reporting requirements under the Agricultural Foreign Investment Disclosure Act and state-level statutes, and to monitor legislative proposals that could create more stringent reporting and review processes, say attorneys at K&L Gates.

  • Pro Bono Work Is Powerful Self-Help For Attorneys

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    Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.

  • Series

    Playing In A Rock Cover Band Makes Me A Better Lawyer

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    Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.

  • Series

    The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'

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    The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.

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