Pennsylvania

  • March 28, 2024

    3rd Circ. Says Missing Dates Can DQ Pa. Mail-In Votes

    A split Third Circuit panel ruled late Wednesday that Pennsylvania mail-in ballots returned with missing or incorrect dates on their outer envelope can be discarded, with the majority finding a Civil Rights Act prohibition on disqualifying voters based on "immaterial" paperwork errors applied only to voter registration, not the act of voting itself.

  • March 28, 2024

    Another Senate Dem Comes Out Against 3rd Circ. Nominee

    A third Senate Democrat, Jacky Rosen of Nevada, has come out against Third Circuit nominee Adeel Mangi, who would be the first Muslim federal appellate judge if confirmed, thus putting his nomination in further peril.

  • March 27, 2024

    Justices Poised To Expand Repeat Offenders' Jury Trial Rights

    The U.S. Supreme Court appeared likely Wednesday to agree with the Biden administration and the criminal defense bar that repeat offenders have a constitutional right to let a jury decide if past offenses were sufficiently distinct to trigger lengthy prison terms under a prominent sentencing enhancement.

  • March 27, 2024

    Candy Co. Can Use Recipe Amid 'Chocolate Moonshine' Fight

    A Pennsylvania federal judge has refused to ban the candy maker Local Yokels Fudge from making or selling fudge, ruling the owner's ex-husband hadn't shown the company is still using his family's secret "Chocolate Moonshine" fudge recipe.

  • March 27, 2024

    Eastman Should Be Disbarred, Calif. State Bar Judge Rules

    A State Bar Court of California judge on Wednesday recommended disbarring Donald Trump's onetime attorney John Eastman, who helped plan and promote the former president's strategy to overturn the 2020 presidential election.

  • March 27, 2024

    Governor Directs Pa. To Use More Project Labor Agreements

    Pennsylvania Gov. Josh Shapiro announced Wednesday that he is directing state agencies to consider including project labor agreements — pre-hiring collective bargaining agreements that can cover multiple contractors and labor unions — in all major capital projects.

  • March 27, 2024

    Bricklayer Seeks OT Pay For Time On 'Shuttle' To Worksites

    A bricklayer alleged that a California-based construction firm should have paid him and his fellow workers to ride a shuttle up to an hour each way to job sites, according to a proposed class action made public in Pennsylvania state court Wednesday.

  • March 27, 2024

    NY AG, Others Blast Sandoz Deal 'Tax' On Future Settlements

    New York's attorney general was one of three objectors Tuesday to a provision in Sandoz's proposed $265 million settlement with a class of drug wholesalers in Pennsylvania federal court that they say will delay any future generic-drug price-fixing litigation deals by taxing agreements over $119.25 million.

  • March 27, 2024

    Pittsburgh Aims To Ax $14M Of Nonprofits' Tax Waivers

    Officials with the city of Pittsburgh announced Wednesday that they will file challenges to tax exemptions for more than 100 properties within the city, claiming that they are no longer owned by nonprofits or serving a charitable function and should put up to $14 million back on local tax rolls.

  • March 27, 2024

    Illegally Stored Oil Waste Threatens Ohio River, AG Suit Says

    The Ohio attorney general wants a state court to force the removal of tons of oil and gas industry waste illegally stored near the Ohio River that threatens to contaminate nearby drinking water sources.

  • March 26, 2024

    Pennsylvania, Crypto Miner Sued Over Enviro Contamination

    A Pennsylvania environmental group sued the Keystone State and a crypto-mining company Tuesday in Philadelphia County Court accusing the state of failing to protect its residents from the company's purported six million tons of carbon dioxide emissions per year.

  • March 26, 2024

    GOP Lawmakers Lose Pennsylvania Voter Registration Fight

    A group of Republican state legislators in Pennsylvania lack standing to challenge state and federal voter registration programs because they didn't sue on behalf of the whole legislature, a federal judge ruled on Tuesday.

  • March 26, 2024

    Feds Say Ruling Doesn't Back Court Review Of EB-5 Visa Denial

    The Biden administration has countered an argument from Chinese investors that courts can review the denial of their EB-5 visas, telling the D.C. Circuit that the unrelated case that the investors are relying on involves different facts and issues.

  • March 26, 2024

    Stakes High As Pa. Justices To Mull Gov't Suit Damages Cap

    The Pennsylvania Supreme Court's recent decision to review the constitutionality of the $250,000 damages cap for personal injury suits against state agencies sets the stage for two extremes: absolute immunity or limitless liability, experts say.

  • March 26, 2024

    3rd Circ. Says EMS Transport Without Consent Is Med Mal

    A patient who was transported to a Pennsylvania hospital against his will was effectively making a medical malpractice claim against the emergency medical services technicians and needed to file a "certificate of merit" to back up such a claim, a split Third Circuit panel ruled Tuesday.

  • March 26, 2024

    BP, Chevron And Others Hit With Climate Change Suit In Pa.

    Bucks County in Pennsylvania has sued BP, Chevron, ExxonMobil and other major oil companies for allegedly deceiving the public about the dangers of fossil fuel pollution, claiming that climate change has caused increasingly severe weather leading to property damage in the county.

  • March 26, 2024

    Sony Ducks $500M PlayStation Patent Suit In Del.

    A Delaware federal court has sided with Sony in a $500 million patent infringement suit brought by Genuine Enabling Technology LLC over PlayStation consoles, marking a close to the case.

  • March 25, 2024

    J&J Exec 'Shocked' Over Atty's Ties With Talc Plaintiffs

    Johnson & Johnson's vice president of litigation said on Monday he was "utterly shocked and appalled" upon learning an attorney who served as the company's outside counsel was working with its adversary Beasley Allen Law Firm and one of its attorneys in litigation over the alleged link between the company's talcum powder products and ovarian cancer.

  • March 25, 2024

    3rd Circ. Says NJ City Can't Stop Sale Of Failed Project's Sites

    The Third Circuit tossed a New Jersey city's challenge of a bankruptcy court ruling that allowed the two local properties of a failed affordable housing project to be sold to a third party, according to an unpublished opinion Monday.

  • March 25, 2024

    Ownership Suit Over McCartney, Jagger Recordings Is Tossed

    A Pennsylvania federal judge said Monday that no copyright dispute exists between the son of a music producer who recorded interviews with rock icons such as Paul McCartney and Mick Jagger and a man who sold the collection, reasoning that the son had no right to the recordings because they were never registered for copyrights with the federal government.

  • March 25, 2024

    No Coverage for Pa. ATV Accident, Insurer Says

    Truck Insurance Exchange has told a Pennsylvania state court it should owe no coverage to a policyholder facing a personal injury suit over an all-terrain vehicle accident, saying the policyholder's insurance agent "intentionally" failed to disclose the accident before Truck issued the policy.

  • March 25, 2024

    3rd Circ. Won't Rethink AbbVie Privilege Ruling

    The Third Circuit refused Monday to reconsider a ruling that found AbbVie was unable to show a lower court went against precedent or made errors when ordering the drugmaker to turn over attorney communications from a patent case allegedly meant to delay an AndroGel rival.

  • March 25, 2024

    Steelers Owner Says Partner's Silence Is Stalling TD Air Sale

    The majority owner and president of the Pittsburgh Steelers — who is also a consultant at Buchanan Ingersoll & Rooney PC — wants a Pennsylvania state court to make a purportedly nonresponsive business partner sell his one-third share of a company that formerly owned and operated private jets.

  • March 25, 2024

    Plaintiffs' Attys Found Not Violating Soliciting Rules In OT Suit

    Current and former employees of a Pennsylvania coal company earned conditional certification and did not violate soliciting rules for a collective action accusing management of violating overtime rules by not compensating time spent attending to gear before and after shifts, a federal judge ruled.

  • March 22, 2024

    Lutron Cleared On Shade Trade Dress Claims

    A New York federal judge has thrown out trade dress claims that GeigTech brought against home lighting fixtures company Lutron, writing that "there is no evidence that Lutron wanted members of the consuming public to think that it was selling J. Geiger shades."

Expert Analysis

  • After Headwinds, 2024 May See Offshore Wind Momentum

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    Despite skyrocketing raw material costs, conflicting state and federal policies, and other setbacks for the offshore wind sector in 2023, the industry appears poised for growth in the coming year, with improving economics, more flexible procurement procedures and increasing legislative support, say Emily Huggins Jones and Ben Cowan at Locke Lord.

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

  • Inside Higher Education's New FCA Liability Challenges

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    As the educational sector expands its use of government funding, schools are at increased risk under the False Claims Act, but recent settlements offer valuable lessons about new theories of liability they may face and specific procedures to reduce their exposure, say James Zelenay and Jeremy Ochsenbein at Gibson Dunn.

  • Attorneys' Busiest Times Can Be Business Opportunities

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    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

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    Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

  • How Attorneys Can Be More Efficient This Holiday Season

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    Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.

  • The 4 Top Philadelphia Commerce Court Opinions Of 2023

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    Four 2023 rulings from the Philadelphia County Court of Common Pleas — including decisions on judicial privilege, stay requests, sheriff's sales and the appointment of a receiver — highlight the court's commitment to stringent standards and address evolving challenges in commercial litigation, say Jonathan Hugg and Sarah Boutros at Eckert Seamans.

  • 5 Trends To Watch In Property And Casualty Class Actions

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    In 2023, class action decisions have altered the landscape for five major types of claims affecting property and casualty insurers — total loss vehicle valuation, labor depreciation, other structural loss estimating theories, total loss vehicle tax and regulatory fees, and New Mexico's uninsured and underinsured motorist coverage sale requirements, say Mark Johnson and Mathew Drocton at BakerHostetler.

  • Series

    Children's Book Writing Makes Me A Better Lawyer

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    Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

  • What 3rd Circ. Gets Wrong About Arbitration Enforcement

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    The Third Circuit and other courts should correct their current law, exemplified by the Third Circuit's recent decision in Henry v. Wilmington Trust, requiring a motion to dismiss based on an arbitration clause because it conflicts with the Federal Arbitration Act, the Federal Rules of Civil Procedure, and — with regard to the improper-venue approach — U.S. Supreme Court precedent, says David Cinotti at Pashman Stein.

  • Series

    The Pop Culture Docket: Judge D'Emic On Moby Grape

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    The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.

  • The Key To Defending Multistate Collective FLSA Claims

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    Federal circuit courts are split on the reach of a court's jurisdiction over out-of-state employers in Fair Labor Standards Act collective actions, but until the U.S. Supreme Court agrees to review the question, multistate employers should be aware of a potential case-changing defense, say Matthew Disbrow and Michael Dauphinais at Honigman.

  • Series

    Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

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