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Pennsylvania
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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.
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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.
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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.
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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.
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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."
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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.
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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.
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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.
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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.
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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.
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March 08, 2024
Pa. County Agrees To Update Air Pollution Permits
The Allegheny County Health Department will move ahead on issuing updated air pollution permits for two Pittsburgh-area chemical plants, settling a lawsuit brought by an environmental group that claimed the county's missed deadlines hamstrung citizen engagement and enforcement efforts.
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March 07, 2024
Skechers Fined $1.25M Over Execs' Family Member Payments
Skechers will pay the U.S. Securities and Exchange Commission $1.25 million to resolve claims it failed to disclose hundreds of thousands of dollars in payments made to its directors and their immediate family members who were hired by the sneaker giant as contractors or nonexecutive employees.
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March 07, 2024
Penn State Suit Sets Off Debate Over Trademarks' Function
The Pennsylvania State University and sports apparel retailer Vintage Brand are locked in a legal battle that could force courts to reexamine how trademarks function in merchandise licensing and potentially make it harder to prevail on counterfeiting claims, according to attorneys.
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March 07, 2024
Pa. Justices To Consider Liability Of Parents Hiding Son's Gun
The Supreme Court of Pennsylvania agreed to hear an appeal asking whether the parents of a convicted murderer can be held liable for the victim's family's emotional trauma because their alleged concealment of the murder weapon delayed the discovery of their son's body.
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March 07, 2024
Pa. Counselor Says She Got No Help At Non-Accessible School
A former school counselor with a prosthetic leg says her nonprofit employer refused to help when her assigned school wouldn't accommodate her disability, then fired her for complaining, according to a lawsuit filed in Pennsylvania state court.
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March 07, 2024
Pa. Panel Chides Court For Sealing Murder Case Docket
The Pennsylvania Superior Court has ruled in a precedential opinion that a county judge violated the First Amendment in sealing the docket in a criminal case and denying access to local media trying to report on the alleged murder-for-hire of a man in Westmoreland County.
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March 07, 2024
Estate, Collector Settle Spat Over 'Blade Runner' Poster Art
The family of a former movie poster artist and a Pennsylvania attorney-turned-art collector have settled a dispute over the original art for a "Blade Runner" poster, with the parties agreeing to sell the art and split the proceeds.
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March 07, 2024
Nissan Cooling Fans Defective, Class Suit Claims
A proposed class of car buyers is suing Nissan North America Inc. in Tennessee federal court, alleging the automaker made and sold Pathfinder and Infiniti vehicles with defective radiator fans, leading to engines overheating and shutting down.
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March 06, 2024
Meta Must Tackle Increased Account Hijackings, 41 AGs Say
A bipartisan group of 41 attorneys general have urged Meta Platforms Inc. to tackle the "dramatic" increase in hackers taking over Facebook and Instagram accounts, saying the attacks have caused financial harm to victims and their families and friends.
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March 06, 2024
Pa. Pharma Co. Cops To Adulterated-Drug Charges
A Pennsylvania generic drug manufacturer has pled guilty to federal charges that it sold adulterated drugs in the U.S. into interstate commerce and agreed to pay a $1.5 million penalty, the U.S. Department of Justice said Wednesday.
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March 06, 2024
Choice Can Confirm Award Over $61M In Franchisee Claims
Choice Hotels has been ordered to pay a roughly $780,000 arbitration award after dozens of South Asian franchisees earlier fought the hotel chain's bid to arbitrate their claims that a vendor kickback scheme cost them $61 million.
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March 06, 2024
Norfolk Southern Can't Shift Cleanup Costs To Tank Car Cos.
Norfolk Southern cannot dump environmental cleanup costs on seven tank car owners and shipping customers with rail cars transporting chemicals and hazardous materials on the train that derailed in East Palestine last year, an Ohio federal judge said Wednesday.
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March 06, 2024
3rd Circ. Questions Who Can Sue Under NJ Cannabis Law
The Third Circuit on Wednesday struggled to pinpoint whether workers can sue employers under a New Jersey law that protects them from punishment for cannabis use, while also expressing unease about accepting Walmart's assertion that state regulators possess broad enforcement authority.
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March 06, 2024
NTSB Chief Says Boeing Isn't Sharing Info In Blowout Probe
The National Transportation Safety Board's chief told a Senate panel Wednesday that The Boeing Co. still hasn't provided information about the door plug that blew off a 737 Max 9 jet two months ago, fueling troubling new questions as Boeing faces multiple probes into its safety culture and quality control.
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March 06, 2024
'Anarchists' Don't Absolve Newspaper Unions, Pa. Panel Told
A Pennsylvania judge's finding that "anarchists" had joined up with striking unions outside a Pittsburgh Post-Gazette facility should not let the unions off the hook for blocking delivery vehicles from going in and out of the facility's parking lot, an attorney for the newspaper's publisher argued before a state appellate panel Wednesday.
Expert Analysis
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How Attys Can Avoid Exposing Their Firms To Cyberattacks
Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.
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Virginia 'Rocket Docket' Slowdown Is Likely A Blip
After being the fastest or second-fastest federal civil trial court for 14 straight years, the Eastern District of Virginia has slid to 18th place, but the rocket docket’s statistical tumble doesn't mean the district no longer maintains a speedy civil docket, says Robert Tata at Hunton.
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High Court Underscores DOJ's Role In Policing FCA Litigation
The U.S. Supreme Court's decision in Polansky v. Executive Health Resources reaffirms that the government has final say in False Claims Act cases, allowing for meaningful guardrails that deter private litigators from seeking to regulate industries that Congress has delegated to expert administrative agencies, say attorneys at Ropes & Gray.
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5 Management Tips To Keep Law Firm Merger Talks Moving
Many law firm mergers that make solid business sense still fall apart due to the costs and frustrations of inefficient negotiations, but firm managers can increase the chance of success by effectively planning and executing merger discussions, say Lisa Smith and Kristin Stark at Fairfax Associates.
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What 3rd Circ. Niaspan Decision Means For Class Cert.
The Third Circuit's recent denial of class certification in the Niaspan antitrust case underscores its particularly stringent understanding of the implicit ascertainability requirement, which further fuels confusion in the courts, threatens uneven results and increases the risk of forum shopping, says Michael Lazaroff at Rimon Law.
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Rebuttal
2nd Circ. Reinsurance Ruling Correctly Applied English Law
Contrary to a recent Law360 guest article's argument, the Second Circuit correctly applied English law when it decided in Insurance Company of the State of Pennsylvania v. Equitas that concurrent reinsurance certificates required the reinsurer to cover loss in accordance with the law of the policy's governing jurisdiction, say Peter Chaffetz and Andrew Poplinger at Chaffetz Lindsey.
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The Texas Two-Step May Be Losing Steam
The Texas Two-Step is a powerful bankruptcy strategy that has been used in recent high-profile cases, including Johnson & Johnson’s talc unit bankruptcy case, but ongoing debate and legal challenges raise the question of whether this maneuver is losing reliability, say Brendan Best and Justin Allen at Varnum.
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East Penn Verdict Is An FLSA Cautionary Tale For Employers
A Pennsylvania federal jury's recent $22 million verdict against East Penn set a record for the Fair Labor Standards Act and should serve as a reminder to employers that failure to keep complete wage and hour records can exponentially increase liability exposure under the FLSA, say Benjamin Hinks and Danielle Lederman at Bowditch & Dewey.
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3 Abortion Enforcement Takeaways 1 Year After Dobbs
A year after the U.S. Supreme Court overturned the constitutional right to abortion in Dobbs v. Jackson Women’s Health Organization, confusion continues to abound amid the quagmire of state-level enforcement risks, federal efforts to protect reproductive health care, and fights over geolocation data, say Elena Quattrone and Sarah Hall at Epstein Becker.
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Rethinking In-Office Attendance For Associate Retention
The hybrid office attendance model doesn't work for all employees, but it does for many — and balancing these two groups is important for associate retention and maintaining a BigLaw firm culture that supports all attorneys, says Summer Eberhard at Major Lindsey.
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Opinion
ALI, Bar Groups Need More Defense Engagement For Balance
The American Law Institute and state bar committees have a special role in the development of the law — but if they do not do a better job of including attorneys from the defense bar, they will come to be viewed as special interest advocacy groups, says Mark Behrens at Shook Hardy.
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Murdaugh Trials Offer Law Firms Fraud Prevention Reminders
As the fraud case against Alex Murdaugh continues to play out, the evidence and narrative presented at his murder trial earlier this year may provide lessons for law firms on implementing robust internal controls that can detect and prevent similar kinds of fraud, say Travis Casner and Helga Zauner at Weaver and Tidwell.
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What Courts Say About Workers' Comp And Medical Marijuana
Whether employers and insurance carriers are required or allowed to reimburse employees for out-of-pocket costs for treating work-related injuries with medical marijuana has spawned a debate, and the state courts that have addressed this matter are split on a number of issues, say Alexandra Hassell and Anthony Califano at Seyfarth.
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How Electric Vehicles Will Affect Land Use And Development
The increasing use of electric vehicles will bring significant issues for cities and real estate developers to consider, as cities will require substantially more infrastructure to meet electric vehicles' charging needs, says John Lushis at Norris McLaughlin.
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Title IX Damages Outlook 1 Year After High Court Ruling
Federal courts have been extending the holding of last year's U.S. Supreme Court decision, Cummings v. Premier Rehab Keller, to disallow emotional distress damages under Title IX, but students and educators suing educational institutions for gender discrimination can still recover monetary damages under alternate theories, say attorneys at Sanford Heisler.