Pennsylvania

  • March 12, 2024

    Pa. Justices Will Review $250K Bus Injury Damage Cap

    Pennsylvania's Supreme Court will consider undoing a $250,000 statutory damages limit for vehicle accident cases against state agencies, heeding the call of an appellate judge who said the cap in a suit brought by a woman who lost part of her foot to a bus needed review.

  • March 12, 2024

    MV Realty Says NC AG Is Working For Real Estate Industry

    Embattled Florida-based real estate company MV Realty told the North Carolina Supreme Court the state's attorney general is "wielding the power of the state under the guise of consumer protection" to shut down the business at the behest of "entrenched real estate brokerage interests."

  • March 12, 2024

    Roberto Clemente's Family Appeals Puerto Rico TM Loss

    The family of the late MLB Hall of Famer Roberto Clemente is asking the First Circuit to revive trademark claims against Puerto Rico for the unauthorized use of the former Pittsburgh Pirates outfielder's image on license plates and vehicle registrations.

  • March 12, 2024

    NTSB Slams Order To Allow Hands-On Train Parts Inspection

    The National Transportation Safety Board objected to a federal magistrate judge's order compelling it to let a rail car leasing firm and a chemical company physically inspect parts of the Norfolk Southern train that derailed in East Palestine, Ohio, last year, arguing its own investigation could be harmed.

  • March 12, 2024

    Atty Chided For Gun Confiscation Bid In Trump Defamation Row

    A Philadelphia attorney handling a Pennsylvania election worker's defamation case against Donald Trump, Rudy Giuliani and two Delaware County poll watchers improperly couched a bid to confiscate the poll watchers' guns, among other things, as a discovery motion, a state judge ruled Tuesday.

  • March 12, 2024

    Pa. Property Owner Knocks Insurer's Early Win Bid

    A Pennsylvania property owner urged a federal court to reject its insurer's bid for a pretrial win, arguing that a vacancy provision in its policy is ambiguous and does not preclude coverage of the $5 million in damages it seeks following a warehouse break-in.

  • March 12, 2024

    Philly Firm Says 'Education Lawyers' TM Is Incontestable

    A Philadelphia law firm says its use of "The Education Lawyers" to market its service is an incontestable trademark, rendering a rival's challenge completely groundless, according to a motion to dismiss filed in Pennsylvania federal court.

  • March 12, 2024

    Head Of Rutgers Race Justice Program Defends 3rd Circ. Nom

    The director of a Rutgers University program that has drawn controversy amid a confirmation battle for a Third Circuit seat said Tuesday that she is "disappointed though not surprised" by the attacks on nominee Adeel Mangi, who would be the first Muslim federal appeals court judge if confirmed.

  • March 11, 2024

    3rd Circ. Pick Affirms Muslim Lawyer Event Amid GOP Attacks

    Third Circuit nominee Adeel Mangi, who will be the first Muslim federal appeals court judge if confirmed and has been facing attacks from Republicans, has updated the Senate Judiciary Committee with an event he "inadvertently" left off his nominee questionnaire.

  • March 11, 2024

    Ex-SAP Exec Says Whistleblowing Got Him Punished

    Software giant SAP faces retaliation and age discrimination allegations in Pennsylvania federal court leveled by a former executive claiming he was forced into a meaningless role after requesting an investigation of potentially anti-competitive practices.

  • March 11, 2024

    3rd Circ. Finds No Reason To Disturb AbbVie Privilege Ruling

    The Third Circuit has found that AbbVie was unable to show that a Pennsylvania federal court went against precedent or made an error when ordering the drugmaker to turn over attorney communications from a "sham" patent case allegedly meant to delay AndroGel competitors.

  • March 11, 2024

    Coinbase Asks 3rd Circ. To Force SEC To Set Rules For Crypto

    Crypto exchange Coinbase asked the Third Circuit on Monday to force the U.S. Securities and Exchange Commission to set rules of the road for digital assets in an opening brief that argued the agency failed to provide "a reasoned explanation" for why it denied an earlier request for crypto rulemaking.

  • March 11, 2024

    Widower Gets 3rd Trial Over Wife's Cancer Misdiagnosis

     A Pennsylvania Superior Court panel on Monday granted a third trial to a man whose wife died of cancer, saying that he'd presented enough evidence that her doctor's failure to follow up on discrepancies in her diagnosis deprived her of a chance for a longer life.

  • March 11, 2024

    Mexico Says High Court Long Shot Not Worth Halting Gun Suit

    The Mexican government asked a Boston federal judge to keep its lawsuit against gun manufacturers moving along while the companies float what they referred to as "sky is falling" arguments to the U.S. Supreme Court challenging a First Circuit ruling that they are not immune from claims they aid and abet drug cartel violence.

  • March 11, 2024

    Pa. Judge May Take Wheel In Uber Driver Classification Trial

    A federal jury in Philadelphia on Monday leaned toward classifying UberBlack drivers in the city as independent contractors instead of employees, but the trial judge indicated he may make the final call after a deadlock among the jurors prompted him to dismiss them.

  • March 11, 2024

    3rd Circ. Unsure Of Reasons To Halt Del. Assault Weapon Ban

    A Third Circuit panel seemed to lean toward letting Delaware keep its ban on so-called assault weapons and extended magazines during arguments Monday, with Judge Stephanos Bibas pressing gun rights advocates on their claim the ban should have been blocked solely on the grounds that a Second Amendment violation may have taken place.

  • March 11, 2024

    Court Mulls Fees, Potential Sanctions In NFL Poaching Case

    A Pennsylvania federal judge has ordered sports agency powerhouse CAA to pay legal fees to a rival shop for slow-walking discovery in a case over the alleged poaching of former NFL wide receiver Kenny Golladay, holding off on firmer penalties until trial.

  • March 11, 2024

    FTC, 10 States Sue 'Sham' Women's Cancer Fund

    The Federal Trade Commission and 10 state attorneys general have filed a federal complaint against a Pennsylvania-based cancer charity fund, calling the foundation a "sham" that deceived donors out of $18 million over five years.

  • March 11, 2024

    Philly DA Can't Escape Sanctions Over Lack Of Candor

    A Third Circuit panel has ruled that Philadelphia's district attorney, Larry Krasner, must apologize to the family of two 1984 murder victims after his office was less than forthcoming in proceedings over post-conviction relief sought by one of the killers.

  • March 11, 2024

    Kirkland, Latham Guide $35B EQT-Equitrans Gas Merger

    Kirkland & Ellis LLP-guided EQT Corp. and Latham & Watkins LLP-backed Equitrans Midstream Corp. said Monday they have agreed to merge, creating a $35 billion natural gas giant that will be "well positioned to be a globally competitive American energy leader."

  • March 08, 2024

    Split NC High Court Reopens Embattled Realty Firm

    The North Carolina Supreme Court has temporarily lifted a business shutdown order on MV Realty amid the state's claims that the company imposed predatory fees, with a dissenting justice fearing that unshackling it could put homeowners at risk of losing their homes.

  • March 08, 2024

    Uber Driver Class Claims Veering Toward Split Verdict

    A Pennsylvania federal judge told a Philadelphia jury Friday to return Monday after its eight members deadlocked on whether UberBlack drivers in the city were employees of the ride-sharing company entitled to minimum wage and benefits, or independent contractors, as Uber classified them.

  • March 08, 2024

    Construction Co., Ex-Worker Settle Travel-Time Wage Suit

    A Western Pennsylvania construction worker has settled his unpaid-wages suit against Home Pro Remodelers LLC, closing his claims that the company didn't pay him for travel time or time spent on work sites without a supervisor present.

  • March 08, 2024

    Widener U. Hit With COVID Campus Fee Refund Suit

    Pennsylvania private school Widener University has been hit with a proposed class action seeking prorated tuition and fee reimbursements over its decision to close its campus in spring 2020 in response to the COVID-19 pandemic, a move which the suit says deprived students of resources they paid for.

  • March 08, 2024

    Pa. Court Grants Seizure Of Nursing Homes In 'Dire' Condition

    A Pennsylvania federal court has granted an emergency request for a receiver to take control of six nursing homes in the state that Revere Tactical Opportunities REIT LLC claims were left in a "dire financial condition" by the properties' owners, who had also allegedly defaulted on a $30 million loan.

Expert Analysis

  • 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.

  • How Life Sciences Cos. Can Prevent Securities Class Actions

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    Though the overall volume of securities fraud class actions has dipped in the last couple of years, life sciences companies remain a particularly popular target for these filings and should employ best practices to minimize risk, say Joni Jacobsen and Angela Liu at Dechert.

  • How Law Firms Can Use Account-Based Marketing Strategies

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    Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.

  • Navigating Over-The-Counter Product Ads After FTC Warning

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    Attorneys at Hunton examine advertising substantiation requirements under both the Federal Trade Commission Act and Lanham Act, following recent FTC letters informing hundreds of companies that over-the-counter product marketing claims must be corroborated by scientific evidence.

  • AGs' Distaste For Food Bill May Signal Other State Issues

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    States' recent opposition to a proposed federal law that would block them from regulating out-of-state agricultural production could affect issues beyond this narrow debate, such as the balance of state and federal regulatory power, reproductive rights post-Dobbs, and energy production and water use, say Christopher Allen and Stephen Cobb at Cozen O'Connor.

  • Strategic Succession Planning At Law Firms Is Crucial

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    Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.

  • Autonomous Vehicles Must Navigate Patchwork Of State Regs

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    With only modest action by the federal government on the autonomous vehicle regulatory front in 2023, states and localities remain the predominant source of new regulations affecting AVs — but the result is a mix of rules that both help and hinder AV development and adoption, say attorneys at Faegre Drinker.

  • Maximizing Law Firm Profitability In Uncertain Times

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    As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.

  • Federal Policies Keeping Autonomous Vehicles In Slow Lane

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    In the first installment of this two-part article, attorneys at Faegre Drinker examine recent federal regulations and programs related to autonomous vehicles — and how the federal government's failure to implement a more comprehensive AV regulatory scheme may be slowing the progress of the industry.

  • FLSA Ruling Highlights Time Compensability Under State Law

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    While the Third Circuit's August decision in Tyger v. Precision Drilling endorsed the prevailing standard among federal courts regarding time compensability under the Fair Labor Standards Act, it also serves as a reminder that state laws will often find a broader range of activities to be compensable, say Ryan Warden and Craig Long at White and Williams.

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