Pennsylvania

  • February 05, 2024

    3rd Circ. Preview: Mail-In Ballot Case Headlines February

    Topping the list of Third Circuit arguments in February is a Pennsylvania case presenting the familiar issue of whether undated or misdated outer envelopes for mail-in ballots should count as valid votes.

  • February 05, 2024

    NFL Pro Pushed Miss. Officials To Harass Woman, Suit Says

    A Mississippi woman has accused law enforcement and a county prosecutor, among others, of callously helping an NFL player intimidate her after they had a yearlong sexual relationship, as part of a campaign to stop the plaintiff from publicly disclosing the relationship.

  • February 05, 2024

    CPAP Cleaner Co. Says Philips Can't Pin Recall On It

    Cleaning products designed to work with Koninklijke Philips NV's breathing machines were not the direct cause of damages the company suffered when it recalled the products, so SoClean could not be subject to false-advertising claims stemming from statements about "compatibility," it told a Pennsylvania federal court.

  • February 05, 2024

    Hack Disrupts Pa. Courts A Week After Ga. Cyberattack

    A cyberattack Sunday night on the Pennsylvania court system's website has disrupted several public-facing services Monday, nearly a week after a similar incident tied up online systems in Fulton County, Georgia.

  • February 05, 2024

    States, Enviro Groups Expand Suits Over USPS' New Vehicles

    Environmentalists and a coalition of states broadened their California federal court challenges to the U.S. Postal Service's decision to replace its aging delivery fleet with "gas-guzzling vehicles" powered by internal combustion engines, saying it failed to consider lower-emission alternatives.

  • February 05, 2024

    Chemical Co. Cut Off-Site Work From Pay, Ex-Worker Says

    A Pennsylvania chemical manufacturer and distributor underpaid its workers by leaving tasks off their paychecks that they completed away from assigned job sites and undercalculating overtime wages, an ex-worker alleged in a proposed class action filed in state court.

  • February 05, 2024

    First National Bank Strikes $13.5M Deal In NC Redlining Case

    The U.S. Department of Justice and North Carolina's attorney general said Monday that they have reached a $13.5 million settlement with First National Bank, a Pennsylvania-based regional lender, to resolve redlining claims tied to two of the Tar Heel State's largest cities.

  • February 02, 2024

    Pa. Panel Ditches Med. Mal. Suit Over Tardy Expert Report

    A medical negligence suit over an endoscopy performed on a woman who later died won't move forward because the plaintiff filed an expert report less than one month before trial with the intent to subsequently replace that expert before trial, a Pennsylvania appellate panel has ruled, finding the doctor's trial preparation was stifled.

  • February 02, 2024

    Walmart Slip-And-Fall Suit Sent Back To Philly Court

    A Pennsylvania appeals court has sent a woman's slip-and-fall suit against Walmart Inc. back to the Philadelphia Court of Common Pleas, saying Friday that the trial court was wrong to send it to Lehigh County without determining if Walmart's witnesses in the area were key to its defense.

  • February 02, 2024

    3rd Circ. Won't Overturn Fireworks Control IP Decision

    The Third Circuit has refused to overturn an earlier finding that lifted a preliminary injunction blocking Romanian company fireTEK from distributing a product that allegedly infringed a copyright on a U.S. rival's fireworks display communication protocol.

  • February 02, 2024

    Drugmaker Endo Wants To Extend Opioid Suit Pause

    Endo has asked a New York bankruptcy judge to pause the opioid litigation leveled against it for five more months, asserting that the pharmaceutical company made "wide-ranging progress" in its Chapter 11 case and expects to have a reorganization plan confirmed by March.

  • February 02, 2024

    Pennsylvania AG's Clout In Opioid Deal Likely Has Wide Reach

    A Pennsylvania court's ruling that the attorney general had the power to overrule local district attorneys' objections to a big opioid settlement could affect the prosecutors' power dynamic beyond the painkiller litigation, overshadowing other areas where they could share jurisdiction or clash over politically sensitive issues, attorneys told Law360.

  • February 02, 2024

    Infrastructure Co. Cuts Deal To Resolve DOL Equal Pay Probe

    An infrastructure consulting company has agreed to pay roughly $122,000 to shutter a U.S. Department of Labor investigation into allegations that the company paid women less than their male counterparts despite the workers having the same levels of experience and skill, the DOL said.

  • February 02, 2024

    US Steel Owes Wages For Off-Clock Duties, Worker Says

    U.S. Steel has not been paying its workers at a Pittsburgh-area plant for the time they spend preparing for and wrapping up their shifts, shorting them on wages, a mechanic has alleged in a complaint filed in Pennsylvania state court.

  • February 02, 2024

    UPMC To Settle Tuberculosis Suit With $650 Payments

    The University of Pittsburgh Medical Center has agreed to settle a class action's claims that an employee had exposed hundreds of patients to tuberculosis, offering $650 to each class member to compensate them for blood tests, according to the proposal submitted to a Pennsylvania state court.

  • February 01, 2024

    Unisys Beats Investor Suit Over Accounting Control Claims

    Information technology company Unisys and its top brass have defeated, for now, a shareholder suit alleging they made false and misleading statements about the company's internal controls, with a Pennsylvania federal court saying the suit's allegations were not pled with particularity.

  • February 01, 2024

    Insurer Fights Railroad Subpoena For Ohio Derailment Docs

    An insurance company that investigated claims made surrounding last year's East Palestine, Ohio, derailment has asked an Ohio federal court to block a subpoena from Norfolk Southern seeking to procure its findings from the area where the accident occurred, arguing it was a nonparty to the massive litigation over the derailment.

  • February 01, 2024

    Philly Station Calls Smartmatic Suit Irrelevant To FCC License

    Fox Television Stations LLC is calling on federal regulators to reject claims that Smartmatic's ongoing defamation case against Fox News, a separate subsidiary owned by the station group's parent company, should jeopardize its local Philadelphia station's license.

  • February 01, 2024

    3rd Circ. Orders NJ Court To Rethink $29M Verdict Erasure

    The Third Circuit on Thursday provided courts updated guidance for dismissing a case while a defendant is the subject of foreign bankruptcy proceedings, ordering a New Jersey federal judge to look at her decision to vacate a $29 million breach of contract verdict through a different lens.

  • February 01, 2024

    3rd Circ. Says EEOC Religious Bias Suit Should Go To Jury

    The Third Circuit revived a U.S. Equal Employment Opportunity Commission suit Thursday claiming a call center employee was forced to quit his job or face termination for taking time off to practice Judaism, ruling that a jury needed to decide if the employee was truly forced to quit.

  • February 01, 2024

    NJ Says Constitution Doesn't Protect Medical Aid In Dying

    New Jersey's attorney general has asked a Garden State federal court to dismiss a lawsuit alleging a residency requirement in the state's 2019 law allowing terminally ill patients to request life-ending medications violates the U.S. Constitution.

  • February 01, 2024

    State-Led Generic Drug Cases Removed From MDL

    The Judicial Panel on Multidistrict Litigation has sent a trio of cases from state-level enforcers back to federal court in Connecticut, separating them from the sprawling MDL centralized in Pennsylvania over claims of price fixing in the generic drug industry.

  • February 01, 2024

    Worker Says Helicopter Co. Fired Her For Remote Work Ask

    A helicopter manufacturer refused to allow an employee who suffers from anxiety to continue working from home after the company brought workers back to the office in October 2020, then fired her when she refused to resign, according to a lawsuit filed Thursday in Pennsylvania federal court.

  • February 01, 2024

    Pennsylvania Courts Settle DOJ Opioid Bias Claims For $100K

    The Unified Judicial System of Pennsylvania, the body comprising all the state's courts, has agreed to pay $100,000 to resolve claims that several individual courts within the system violated the Americans with Disabilities Act by preventing those being treated for opioid addiction under court supervision from taking legally prescribed medicines.

  • February 01, 2024

    Publicis Reaches $350M Opioid Settlement With All 50 States

    Publicis Health LLC settled a lawsuit on Thursday with all 50 U.S. states, the District of Columbia, and several U.S. territories for $350 million over claims that it helped exacerbate the opioid crisis through its work with Purdue Pharma, the manufacturer behind OxyContin.

Expert Analysis

  • 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.

  • Opinion

    Newman Suspension Shows Need For Judicial Reform

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    The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.

  • 3 Personal Jurisdiction Questions Mallory Leaves Unanswered

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    The due process framework that has cabined personal jurisdiction over nationwide and global businesses for the last eight decades looks increasingly precarious after this summer's fractured U.S. Supreme Court decision in Mallory v. Norfolk Southern Railway Co., which left three key questions unanswered, says Andrew Rhys Davies at WilmerHale.

  • Pa. Autodialer Decision Has Turned TCPA Tides In 3rd Circ.

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    Amid a daunting post-Facebook v. Duguid landscape in the Third Circuit for Telephone Consumer Protection Act defendants, a Pennsylvania district court recently adopted a narrow automatic telephone dialing system definition in Perrong v. Bradford, which is a win for defense counsel, say attorneys at Troutman Pepper.

  • How And Why Your Firm Should Implement Fixed-Fee Billing

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    Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Why Standing Analysis Is Key In Data Breach Mediation

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    Amid a growing wave of data breach class action litigation, recent legal developments show shifting criteria for Article III standing based on an increased risk of future identity theft, meaning parties must integrate assessments of standing into mediation discussions to substantiate their settlement demands in data breach class actions, says Abe Melamed at Signature Resolution.

  • Opinion

    Judicial Independence Needs Defense Amid Political Threats

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    Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.

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