Pennsylvania

  • January 24, 2024

    Pa. Debt Relief Firms Settle AG's Deception Claims

    A pair of law firms advertising debt settlement services will pay a total of at least $75,000 to their former clients as part of a settlement with the Pennsylvania Attorney General's Office to end allegations of deceptive advertising and telemarketing, the office announced Wednesday.

  • January 24, 2024

    Black Nurse Aide Can't Press Race Bias Suit, 3rd Circ. Says

    The Children's Hospital of Philadelphia won't have to face a race bias suit from a former nursing aide, the Third Circuit ruled, concluding that she failed to show that she was fired because she's Black and not because of the dozen disciplinary warnings she'd received.

  • January 23, 2024

    3 Generic-Drug Cos. Reach Settlements In Price-Fixing MDL

    Generic-drug makers Apotex Corp., Heritage Pharmaceuticals Ltd. and Breckenridge Pharmaceutical Inc. have each agreed to shell out a combined $45 million to settle allegations they colluded to fix the prices of many medications, according to a trio of motions filed Tuesday in multidistrict litigation in Pennsylvania federal court.

  • January 23, 2024

    $57M Morocco Hotel Award Can't Be Enforced, 3rd Circ. Hears

    An investment firm urged the Third Circuit on Monday not to force it to pay a $57 million arbitral award issued against its former subsidiary following a dispute over a mismanaged luxury hotel, saying the suit is an act of desperation by a hotel owner with nowhere else to turn.

  • January 23, 2024

    UPenn's Retrial Bid Is Denied In $183M Birth Injury Case

    A Philadelphia judge said Tuesday that she won't grant a new trial to the Hospital of the University of Pennsylvania after it was hit with a $183 million medical malpractice verdict, saying the jury rightfully found that the healthcare professionals didn't act correctly and that the hospital is liable.

  • January 23, 2024

    Philly Roundup Judge Locks Horns With Attys Over Witness

    Philadelphia's Roundup trial lived up to the product's name Tuesday as the judge tried to wrangle runaway questioning and hair-trigger attorneys, with Monsanto's witness finding himself the center of attention.

  • January 23, 2024

    College Wants 9th Circ. Opinion In $1.5M Fraud Coverage Spat

    A for-profit college that settled with the U.S. government after being accused of stealing money meant to fund veterans' education asked the Ninth Circuit to weigh in after a California federal court said its insurer didn't have to cover nearly $1.5 million in connected investigation defense costs.

  • January 23, 2024

    ​​​​​​​'Two-Step' Bankruptcies Abuse Law, AGs Tell Justices

    Attorneys general from 24 states and the District of Columbia told the U.S. Supreme Court on Monday that divisional mergers that manufacture jurisdiction for bankruptcy purposes shouldn't be allowed, writing in an amicus brief that Georgia-Pacific asbestos unit Bestwall employed the tactic to shield the parent from liability.

  • January 23, 2024

    Ballard Spahr Privacy Team Co-Leader Jumps To Blank Rome

    Blank Rome LLP announced Tuesday it had hired the co-leader of Ballard Spahr LLP's privacy and data security group to take on a similar leadership role in its Philadelphia office. 

  • January 23, 2024

    Pa. Court Can't Help School District Pursue $1.2M In Taxes

    A Pennsylvania school district cannot seek a declaratory judgment to make a commercial property pay $1.2 million in additional taxes because the district had a statutory remedy to the situation that it did not pursue, the state Commonwealth Court ruled Tuesday.

  • January 23, 2024

    Pa. DA Sues Over Federal Gun Ban For Medical Pot Patients

    The district attorney for Warren County, Pennsylvania, joined a gun rights group in suing the federal government to overturn laws barring medical cannabis patients from buying or owning guns, according to a lawsuit filed Tuesday in Pennsylvania federal court.

  • January 22, 2024

    Feds Seek 2-Plus Years For 'Brazen' Philly Cheesesteak Duo

    The U.S. Attorney's Office in Philadelphia has asked a federal judge to impose a minimum prison sentence of three years on a father and two years on his son, after they admitted to running an $8 million tax-avoidance scheme at their iconic Tony Luke's cheesesteak shop in South Philly.

  • January 22, 2024

    1st Circ. Revives Mexico's Suit Against US Gun Cos.

    The First Circuit on Monday revived a suit by Mexico seeking to hold Smith & Wesson and other gunmakers responsible for thousands of weapons trafficked south of the border, finding that an exception to the broad protections enjoyed by gun manufacturers allows the suit to proceed.

  • January 22, 2024

    Pa. Developer's Heirs Beat Atty Fee Award In Charity Dispute

    A Pennsylvania state appellate court has concluded that state law bars awarding $500,000 in attorney fees against several family members of Pittsburgh real estate developer Jack Buncher in their legal battle against his foundation over claims that the relatives were improperly barred from deciding where millions of dollars in donations went, overturning a lower court ruling.

  • January 22, 2024

    Judge Tosses Fired Doctor's False-Claims Suit Over Airlifts

    A federal judge has rejected a neurologist's claims that his former hospital in Delaware defrauded the federal government by transferring stroke patients to Philadelphia-based Jefferson Healthcare System via helicopter, finding the suit didn't provide the billing details necessary to make such transfers a violation of Medicare regulations.

  • January 22, 2024

    Ex-CVS Worker Wants 3rd Circ. To Ax 'Painful' Ruling

    A former CVS store manager told the Third Circuit on Monday it should undo a New Jersey federal judge's decision sending her sex bias claims to arbitration because that lower court ruling was built on "painful legal contortions" that misapplied the law and governing precedent.

  • January 22, 2024

    Chemical Co. Scores Midtrial Escape In Philly Roundup Suit

    A Philadelphia judge on Monday released Nouryon Chemicals LLC and its related entities from a Pennsylvania man's lawsuit claiming the producers of the popular weed killer Roundup used cancer-causing ingredients for it, leaving Bayer AG unit Monsanto as the sole defendant for the rest of the trial.

  • January 22, 2024

    Moderna Wants UPenn Biochemist's Emails In Vax IP Dispute

    Moderna has asked a federal judge to order a University of Pennsylvania biochemist to turn over a set of emails and documents that could be relevant to an underlying COVID vaccine-related patent dispute with rival biotech giants Pfizer and BioNTech.

  • January 22, 2024

    Cancer-Focused Arrivent Biopharma Eyes $150M IPO

    Lung cancer-focused Arrivent Biopharma Inc. set a price range for its planned initial public offering Monday, saying it plans to offer 8.3 million shares at a price range of $17 to $19, meaning it could raise an estimated $150 million through its IPO.

  • January 22, 2024

    Energy Co. Seeks Win In Investors' $3B Pipeline Project Suit

    Energy Transfer has asked a Pennsylvania federal judge to grant it a win in a class action alleging it misled investors about its $3 billion Mariner East 2 and Revolution pipeline projects, arguing the investors failed to allege any material misstatements or connect them to a stock price drop, among other things.

  • January 22, 2024

    Pa. Hospital Keeps Win In Physical Therapy Malpractice Suit

    A Pennsylvania appeals panel has sided with St. Luke's Hospital-Bethlehem in a suit alleging its staff injured a patient during physical therapy, saying the plaintiff's deposition testimony is inconsistent with his own allegations.

  • January 22, 2024

    Mall REIT's Ch. 11 Plan OK'd Without Creditor Claims Releases

    A Delaware bankruptcy judge on Monday approved Pennsylvania Real Estate Investment Trust's plan to swap $727 million in debt for equity after stripping out the release of unimpaired creditors' claims against nondebtor third parties.

  • January 22, 2024

    Lewis Brisbois Faces DQ Bid In Scooter Injury Suit

    The plaintiffs in a lawsuit over a defunct scooter-sharing service in Pittsburgh want to disqualify Lewis Brisbois from representing scooter maker Segway in the suit because the firm is also seeking to represent service operator Spin in its parent company's bankruptcy proceedings in Florida.

  • January 22, 2024

    Feds, States To Split Argument Time For EPA Smog Plan

    The U.S. Supreme Court agreed on Monday to split the argument time in four related cases challenging whether the U.S. Environmental Protection Agency can implement a plan to reduce cross-state pollution, giving the U.S. solicitor general's office 20 minutes to argue on behalf of the EPA.

  • January 22, 2024

    Justices Won't Review $13M Well Damage Coverage Denial

    The U.S. Supreme Court declined on Monday to review a Third Circuit finding that a well services company cannot tap into $13 million in insurance coverage for damages to hydraulic fracturing wells caused by use of the wrong mix of fracking fluid.

Expert Analysis

  • Law Firm Professional Development Steps To Thrive In AI Era

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    As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.

  • Employer Defenses After High Court Religious Bias Decision

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    Following the U.S. Supreme Court's recent ruling in Groff v. DeJoy — which raised the bar for proving that a worker’s religious accommodation presents an undue hardship — employers can enlist other defense strategies, including grounds that an employee's belief is nonsectarian, say Kevin Jackson and Jack FitzGerald at Foley & Lardner.

  • Pa. Case Highlights Complexity Of Oil And Gas Leases

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    A Pennsylvania state court's recent decision in Douglas Equipment Inc. v. EQT Production Co. is a reminder that oil and gas leases are rather strange creatures — morphing from something akin to a traditional surface lease to a mineral property conveyance the moment oil and gas is produced, says Christopher Rogers at Frost Brown.

  • The Basics Of Being A Knowledge Management Attorney

    Excerpt from Practical Guidance
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    Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.

  • The 7 Most Notable FCRA Cases Of 2023 So Far

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    Both consumer reporting agencies and furnishers should take note of Fair Credit Reporting Act decisions by federal district and appellate courts so far this year, especially those concerning dispute processing and the distinction between legal and factual inaccuracies, say attorneys at Troutman Pepper.

  • To Hire And Keep Top Talent, Think Beyond Compensation

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    Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.

  • Inflexible Remote Work Policies Can Put Employers In A Bind

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    As made clear in the recent decision by a Pennsylvania federal court in Oross v. Kutztown University, employers need to engage in individualized assessments of all requests for exemptions or accommodations to return-to-work policies to avoid potentially violating the Americans with Disabilities Act or Rehabilitation Act, say attorneys at Troutman Pepper. 

  • What Circuit Split May Mean For FCA Kickback Liability

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    The recent circuit split on the meaning of the resulting-from provision in False Claims Act kickback cases could have significant ramifications for FCA liability, as it could affect the standard of causation that plaintiffs must meet to establish liability, say former federal prosecutors Li Yu, Ellen London and Gregg Shapiro.

  • Perspectives

    More States Should Join Effort To Close Legal Services Gap

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    Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.

  • Identifying Trends And Tips In Litigation Financing Disclosure

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    Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.

  • Series

    The Pop Culture Docket: Judge Elrod On 'Jury Duty'

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    Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.

  • Aviation Watch: Osprey Aircraft May Face Tort Claims

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    A recent U.S. Marine Corps Command report found that the cause of a 2022 Osprey crash was a problem known to the manufacturer and the military for over 10 years — and the aircraft may now be on its way to a day of reckoning in the tort liability arena, says Alan Hoffman, a retired attorney and aviation expert.

  • Upcoming High Court ADA Cases May Signal Return To Basics

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    Recent cases, including Acheson Hotels v. Laufer, which will be heard by the U.S. Supreme Court in October, raise a fundamental question of whether Americans with Disabilities Act litigation has spiraled out of control without any real corresponding benefits to the intended beneficiaries: individuals with true disabilities, says Norman Dupont at Ring Bender.

  • 4 Business-Building Strategies For Introvert Attorneys

    Excerpt from Practical Guidance
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    Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.

  • Opinion

    3 Ways Justices' Disclosure Defenses Miss The Ethical Point

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    The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.

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