Church-affiliated hospital networks in New Jersey and Illinois once again urged the U.S. Supreme Court this week to weigh in on whether employee retirement plans maintained by such organizations are exempt from the federal Employee Retirement Income Security Act, citing the potential for dire financial impacts from recent circuit court decisions.
Delaware Trust Co. has urged the U.S. Supreme Court to consider pairing its appeal from a disputed $4 billion Energy Future Holdings Co. bankruptcy refinancing deal with another closely watched case already granted certiorari and already tagged as a potential landmark for structured Chapter 11 settlements.
A Third Circuit panel refused Friday to upend a lower court determination refusing dismissal of an Internal Revenue Service fight with limited liability companies contesting an offshore tax burden from a $180 million technology company transaction, instead agreeing that the matter is final.
In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, English soccer club Arsenal takes on a cider brand named for Pittsburgh's historic Allegheny Arsenal, the Chicago Cubs file even more trademark cases, and Microsoft goes after a Japanese industrial giant over "Surface."
A Pennsylvania appeals court in a published decision on Thursday found that a lease giving a company rights to mine coal necessarily allowed for the sale of the resources as well, preventing the property owner from seeking additional payment for methane extracted from the coal.
A Pennsylvania appeals court issued a published decision in a wage class action on Friday agreeing that a McDonald's franchisee ran afoul of state wage laws by requiring employees to accept their pay on debit cards.
A Pennsylvania state judge was found guilty on ethics charges on Thursday for colluding with a colleague to seek preferential treatment for her son in a tax case in Philadelphia.
A former CBS anchor in Philadelphia has settled, in advance of a trial scheduled to start Friday, her $15 million state court suit accusing the network of failing to investigate claims her onetime co-anchor hacked her email accounts and spread information to other news outlets.
The owner of a mixed martial arts promotion business has settled his renewed antitrust claims against a rival for allegedly participating in a scheme to monopolize the sport in the Philadelphia region, according to a filing Thursday in Pennsylvania federal court.
Four Pennsylvania environmental groups asked the U.S. Environmental Protection Agency on Thursday to find fault with Allegheny County’s handling of air pollution permits under a federal program designed to enforce the Clean Air Act.
The Third Circuit refused to allow the New York Daily News a quick win on Thursday in an appeal brought by a New Jersey woman hoping to revive her defamation suit over news coverage detailing her purported involvement in an illicit drug and prostitution ring, allegations that she was later cleared of.
A former military contractor was sentenced on Thursday to 21 months in prison for telling the U.S. Navy that he had paid $1.2 million to subcontractors renovating a Pennsylvania facility — shortly before they walked off the job site over the lack of payment, officials announced.
Fidelity National Title Insurance Co. asked a Pennsylvania federal judge Thursday to sanction Maxum Indemnity Co. for failing to comply with orders to produce discovery documents in a suit accusing the insurer of breaching an agreement to indemnify a title insurance agent that mismanaged funds connected to Fidelity insurance policies.
A Pennsylvania federal judge on Thursday split the Federal Trade Commission’s suit accusing Endo and other drug companies of illegally delaying Opana ER and Lidoderm generics and challenged the government to follow through with its “cavalier” threat to refile the suits in other districts, saying he’d consider holding it on the hook for fees.
For the second day in a row, Richard Basciano — owner of the Center City Philadelphia building that collapsed in 2013, leading to seven deaths and 12 injuries — erupted on the witness stand Thursday, breaking down in tears after denying accusations about his conduct in the moments following the tragedy.
A Pennsylvania federal judge on Wednesday rejected RealPage Inc.’s position that the U.S. Supreme Court’s Spokeo decision provides ground to toss two putative class actions accusing the property management software company of failing to provide full consumer reports to prospective tenants, saying Congress recognizes that the alleged harm provides standing.
The Federal Trade Commission and American Antitrust Institute on Wednesday each asked the Third Circuit to rethink its dismissal of Mylan Pharmaceuticals Inc.'s product-hopping suit against Warner Chilcott Ltd. over the acne medication Doryx, arguing the court changed the Sherman Act’s standard of harm and misinterpreted an array of precedent.
A balancing test adopted by the Pennsylvania Supreme Court nearly two decades ago to weigh privacy concerns of public employees against statutorily guaranteed access to government records continues to apply even after a new version of the state’s open records law was adopted in 2009, the justices ruled unanimously Tuesday.
The Federal Energy Regulatory Commission on Wednesday gave its blessing for energy-focused investment firm Riverstone to acquire Talen Energy, the PPL Corp. power generation spinoff it helped to form last year, for $5.2 billion, including debt.
The National Labor Relations Board on Wednesday left in place a decision that found a cyber charter school in Pennsylvania was a private employer, meaning that a group of about 70 teachers there can organize under federal labor law, as opposed to state laws that apply to public sector employees.
All businesses with a website may be said to have reach into, and presence in, every state. Therefore, due diligence into information management compliance of a U.S. target company requires cognizance of the laws of at least 52 separate jurisdictions, say George Wang and Kenneth Rashbaum of Barton LLP.
I went to the law books, where I discovered the crime of “obstruction of justice,” and realized I was right in the middle of a criminal conspiracy. I didn't fully understand my conduct during Watergate until — decades later — I learned about the psychology of cover-up at work, says John Dean, who served as White House counsel for President Richard Nixon.
In Pakootas v. Teck Cominco Metals the Ninth Circuit ruled that contamination through aerial emission does not constitute a “disposal” under the Comprehensive Environmental Response, Compensation and Liability Act. The decision demonstrates that the meaning of the word “disposal” based on how the contamination occurred continues to dictate how the law can be applied, say Joshua Milrad and Minning Yu of Goldberg Segalla LLP.
Somewhat surprisingly, very few of the dozens of "trial pros" who have been interviewed by Law360 have revealed the secret to effective trial preparation that is vital to their success. But ultimately, the “secret” to effective trial preparation is not actually a secret, says Jamin Soderstrom of Soderstrom Law PC.
Chipotle's response to an employee’s rogue tweets recently landed the national burrito chain in hot water with the National Labor Relations Board. Significantly, it was not just Chipotle’s alleged response to this employee’s conduct that proved problematic for the restaurant, say Andrew Prescott and Jessica Schachter Jewell of Nixon Peabody LLP.
In early November, the First Responder Network Authority is expected to select a vendor to build and operate a national public safety broadband network. Any states that may want to opt out of the FirstNet plan should start considering their alternatives now, says Albert Catalano, counsel with Keller and Heckman LLP.
The practice of third-party litigation funding, in which funders front money to plaintiffs law firms in exchange for a cut of any settlement or money judgment, is growing increasingly popular. Currently, litigators are not required to disclose the involvement of third-party funders, but transparency will improve justice in courts, say Lisa Rickard, president of the U.S. Chamber Institute for Legal Reform, and Mark Behrens, a partne... (continued)
Troubling as the Third Circuit’s recent decision in Victaulic may be for businesses attempting to comply with complicated customs regulations, another aspect of the decision may be even more consequential, with an impact felt by defendants across the entire spectrum of False Claims Act cases, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.
In an election season as heated as this one, employers and employees alike may feel compelled to do whatever they can to help their candidate secure a victory in November. However, what many may be surprised to learn is that protections for employees, and restrictions on employers, are remarkably lax in this area, say Debra Katz and Matthew LaGarde of Katz Marshall & Banks LLP.
In Associated Builders and Contractors v. Jersey City, the Third Circuit recently held that a New Jersey federal court erred in dismissing a suit that challenged a city ordinance requiring the use of union labor on certain tax-abated construction projects. The decision is significant because the plaintiffs’ challenge to the ordinance requirement of the project labor agreements will be allowed to go forward, say attorneys at Day Pitney LLP.