Pennsylvania

  • January 10, 2024

    Kutztown Prof Wins Do-Over On Policy's Disparate Impact

    A psychology professor at Pennsylvania's Kutztown University has won after all on one of his claims that the school's policy against remote work was discriminatory under the Americans with Disabilities Act and the federal Rehabilitation Act of 1973, after a federal judge reversed an earlier ruling that had gone in Kutztown's favor.

  • January 10, 2024

    Pa. Justices Won't Let Zoning Board Appeal Against Builder

    Kidder Township, Pennsylvania, cannot appeal to the state's Supreme Court a decision that found the municipality is barred from enforcing an ordinance against a builder because it had failed to properly inform the builder of needed approvals before issuing a certificate of occupancy.

  • January 10, 2024

    Nurse Assistant Hits Pa. Staffing Agency With Meal Break Suit

    A Pittsburgh-area medical staffing agency has been cheating its patient care workers out of overtime wages by making them record unpaid meal breaks even if they could not take them, a former nursing assistant for the agency said in a proposed class action in Pennsylvania state court.

  • January 10, 2024

    Ex-Pa. State Court Judge Joins MacElree Harvey

    A former Pennsylvania Court of Common Pleas judge has signed on as a partner in the litigation department of West Chester-based MacElree Harvey Ltd.

  • January 09, 2024

    Creditor Brings Law Firm Fraud Payout Fight To 3rd Circ.

    A creditor of a defunct factoring company on Tuesday urged the Third Circuit to give him a cut of a bankruptcy settlement ending the business's fraud claims against its former consultant and law firm Reger Rizzo & Darnall LLP, arguing that a district court erred in determining that his money wasn't among the funds allegedly stolen.

  • January 09, 2024

    Craft Breweries Stiffed Tipped Workers, Server Says

    The parent company of craft beer brands including Sixpoint Brewery stole servers' tips and required them to spend excess time performing untipped tasks for subminimum pay, an ex-employee alleged in a proposed class and collective action filed in North Carolina federal court.

  • January 09, 2024

    Judge Allows Investors To Add Claims In Cabot Fracking Suit

    A Texas federal judge allowed investors suing Cabot Oil & Gas Corp. to add more claims to their suit accusing the company of misrepresenting its environmental regulatory compliance in Pennsylvania, though one set of claims is time-barred.

  • January 09, 2024

    Info Kept From Jury In $15M Gender Bias Case, Pa. Court Told

    Thomas Jefferson University urged a Pennsylvania federal court to undo a $15 million gender bias judgment against it over its handling of a sexual assault investigation against a former Rothman Institute surgeon, arguing a new trial is necessary since the court kept the jury ignorant of allegedly inconsistent statements the doctor made.

  • January 09, 2024

    Attys Violating Solicitation Rules In OT Suit, Energy Co. Says

    A Pennsylvania coal company facing an overtime compensation suit is accusing the plaintiffs' counsel of circumventing the court by soliciting other employees for the collective action claim before gaining certification, according to a brief filed Monday.

  • January 09, 2024

    Attys Seek $95M Fees For Philips CPAP Economic Loss Deal

    Attorneys representing customers who bought Philips breathing machines with defective insulating foam asked a Pennsylvania federal court for $95 million in fees and costs Tuesday, arguing it was a reasonable amount compared to the minimum of $495 million that Koninklijke Philips NV agreed to pay to settle economic loss claims.

  • January 09, 2024

    Scooter-Sharing Co. Wants Injury Suit Paused For Ch. 11

    A service that formerly operated scooter rental kiosks around Pittsburgh wants a trio of plaintiffs' injury suits paused as it goes through Chapter 11 bankruptcy in Florida, the company told a Pennsylvania state court Monday.

  • January 09, 2024

    Pa. Justices Won't Revive Malpractice Suit Against Saul Ewing

    Pennsylvania's high court won't take up a $50 million legal malpractice case brought by a mushroom growers' cooperative against its former counsel from Saul Ewing LLP, leaving intact a ruling that the farmers filed their suit too late.

  • January 09, 2024

    Rite Aid Gets OK For $575M Sale Of Pharma Benefits Program

    A New Jersey bankruptcy judge on Tuesday gave drugstore chain Rite Aid the go-ahead to accept a $575 million bid for its Elixir prescription benefits program after hearing the company had received no other offers.

  • January 08, 2024

    Patient's Prednisone Suit Against Doc, Pharmacy Can Go On

    A woman's lawsuit over her doctor's allegedly overzealous use of prednisone will move forward after a Pennsylvania federal judge found she described conduct severe enough to overcome the doctor's bid to dismiss the possibility of damages and certain claims.

  • January 08, 2024

    Audacy Advances Ch. 11 Prepack To Slash $1.6B In Debt

    A Houston bankruptcy judge Monday approved a bundle of first day motions that keeps radio broadcaster and media company Audacy Inc. on track to confirm its prepackaged Chapter 11 plan to cut $1.6 billion from its balance sheets in a debt-for-equity swap by February.

  • January 08, 2024

    HP Accused Of Using Software To Create Printer-Ink Monopoly

    A group of consumers has hit HP Inc. with a proposed antitrust class action in Illinois federal court, alleging the printer maker has a monopoly over the replacement-ink cartridge market and used software updates to block consumers from using cheaper rival cartridges in HP printers.

  • January 08, 2024

    Sleepy's Agrees To Pay $4.5M To Settle Drivers' Wage Suit

    Sleepy's LLC and more than 100 drivers alleging wage and hour violations asked a New Jersey federal judge to approve a $4.5 million settlement agreement and bring the nearly 14-year-old case, which has been sent to the Third Circuit and the New Jersey Supreme Court multiple times, to a close.

  • January 08, 2024

    Pa. Panel Says Sportsbook Can Move To Philly Restaurant

    An off-track betting and sportsbook affiliated with Parx Casino should be allowed to move into a Chickie's & Pete's sports bar and restaurant in south Philadelphia because the city's zoning board improperly discounted testimony from its supporters, a Pennsylvania appellate court ruled Monday.

  • January 08, 2024

    Pa. Bartender Fired Over Tardiness, Not Age, Judge Says

    A Pennsylvania federal judge tossed a suit by a former bartender who claimed her age prompted a sports bar to fire her, ruling that she couldn't overcome evidence that her excessive lateness caused her termination.

  • January 08, 2024

    Dollar Bank Customer Drops Data Breach Class Action

    A Pennsylvania woman who said Dollar Bank "opened the door" for the cybercriminals who hacked into its systems and got access to her and other customers' personal information by not following industry standards for data security has voluntarily dismissed her proposed class action.

  • January 08, 2024

    Justices Pass On Fight Over NJ Pier Project Loan

    The U.S. Supreme Court on Monday declined to review the Ninth Circuit's revival of a building company's Nevada federal lawsuit accusing an architect and his wife of hiding assets to dodge a judgment, leaving intact a decision to lift a stay on the complaint because, the appellate court had reasoned, there's doubt that parallel litigation in New Jersey state court could resolve the Nevada matter.

  • January 08, 2024

    Justices Won't Take Up Venezuela Debt Challenge

    The U.S. Supreme Court declined on Monday to review a Third Circuit ruling affirming that Venezuela's state-owned oil company is liable for the country's massive debts, clearing a potential complication to one of the largest forced sales in Delaware history slated to take place later this year.

  • January 07, 2024

    Radio Broadcaster Audacy Hits Ch. 11 With $2B Debt

    Radio broadcaster Audacy Inc. hit Chapter 11 on Sunday to the tune of $2 billion in liabilities, citing a decline in advertising revenue and plans to slash 80% of its obligations under a reorganization process expected to get a judge's blessing next month.

  • January 05, 2024

    Philadelphia Reporter Wins Job Back After Firing For Jokes

    A Philadelphia-based NPR member station violated its union contract's just cause provisions by firing a reporter after finding his stand-up comedy routine clips on social media, an arbitrator concluded, saying station management "rushed to judgment" in discharging him without talking to him or his supervisor.

  • January 05, 2024

    Sarepta Avoids IP Claims As Judge Finds UPenn Patent Invalid

    A Delaware judge found a gene therapy patent at the center of an infringement suit against Sarepta, brought by the University of Pennsylvania, was ineligible for patent protection because the claims cover a combination of two recombinant DNA sequences that are already naturally occurring.

Expert Analysis

  • 5 Ways Fed Crypto Statement Affects State Member Banks

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    Although driven by concerns about state member banks' crypto-asset activities, the Federal Reserve System's recent policy statement could also affect activities of uninsured state member banks, such as trust companies, and may even extend to state banks' noncrypto activities, say attorneys at K&L Gates.

  • High Court Ax Of Atty-Client Privilege Case Deepens Split

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    The U.S. Supreme Court's recent dismissal of In re: Grand Jury as improvidently granted maintains a three-way circuit split on the application of attorney-client privilege to multipurpose communications, although the justices have at least shown a desire to address it, say Trey Bourn and Thomas DiStanislao at Butler Snow.

  • 3rd Circ. Harassment Ruling Supports Proxy Liability Theory

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    The Third Circuit's recent decision in O'Brien v. Middle East Forum, endorsing the proxy theory of liability under Title VII for the first time, aligns the court with multiple other circuits and demonstrates that no one is above workplace prohibitions on harassment, says Kathryn Brown at Duane Morris.

  • Facing Commercial Loan Disclosure Laws In NY And Beyond

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    Commercial finance disclosure laws are now a factor and cost of doing business for lenders in certain states, like New York, where come August every company required to disclose loan terms will need a mechanism to gather information on every transaction, says Robert Cohen at Moritt Hock.

  • 3 Job Satisfaction Questions For Partners Considering Moves

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    The post-pandemic rise in legal turnover may cause partners to ask themselves what they really want from their workplace, how they plan to grow their practice and when it's time to make a move, says Patrick Moya at Quaero Group.

  • 4 Exercises To Quickly Build Trust On Legal Teams

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    High-performance legal teams can intentionally build trust through a rigorous approach, including open-ended conversations and personality assessments, to help attorneys bond fast, even if they are new to the firm or group, says Ben Sachs at the University of Virginia School of Law.

  • Opinion

    Pa. Supreme Court Must Defend Established Venue Standard

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    The Pennsylvania Superior Court's recent decision in Hangey v. Husqvarna relies on a venue standard that is inconsistent with prior case law, and the state's Supreme Court should seize its opportunity to reiterate more equitable analysis for evaluating where plaintiffs may file suit, says Michael Salvati at Marshall Dennehey.

  • 8 Steps To Improve The Perception Of In-House Legal Counsel

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    With the pandemic paving the way for a reputational shift in favor of in-house corporate legal teams, there are proactive steps that legal departments can take to fully rebrand themselves as strong allies and generators of value, says Allison Rosner at Major Lindsey.

  • Procedure Rule 7.1 Can Simplify Litigators' Diversity Analysis

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    A recent amendment to Federal Rule of Civil Procedure 7.1 will help trial courts determine whether the parties to a case are diverse, and may also allow litigators to more quickly determine whether they can remove certain cases to federal court, says Steve Shapiro at Schnader Harrison.

  • 3rd Circ. Ruling Limits Add-On Money Laundering Charges

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    The Third Circuit’s recent decision in U.S. v. Fallon, vacating the concealment money laundering convictions of three defendants, narrows the circumstances in which prosecutors can successfully add such charges to an underlying fraud case, and reinforces three potential defenses to these piled-on allegations, say attorneys at Steptoe & Johnson.

  • J&J Ch. 11 Ruling Highlights 'Texas Two-Step' Skepticism

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    The Third Circuit’s recent dismissal of Johnson & Johnson’s talc unit Chapter 11 case hints at an emerging pattern of judicial hostility toward the so-called Texas two-step, creating challenges for companies attempting to divorce legal liabilities from healthy operating assets prior to a bankruptcy filing, say Ryan Dahl and Jeramy Webb at Ropes & Gray.

  • Atty Conflict Discussions In Idaho Murder Case And Beyond

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    A public defender's representation of the accused University of Idaho murderer after prior representation of a victim's parent doesn't constitute a violation of conflict of interest rules, but the case prompts ethical questions about navigating client conflicts in small-town criminal defense and big-city corporate law alike, say Hilary Gerzhoy and Charles Loeser at HWG.

  • Higher Ed Can't Recycle Cannabis Policies For Psychedelics

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    As efforts to legalize and decriminalize psychedelic substances proliferate, higher education must recognize the nuanced legal issues that distinguish these drugs from cannabis, and consider a unique approach to the possession, use and research of psychedelics on campus, say attorneys at Saul Ewing.

  • The Discipline George Santos Would Face If He Were A Lawyer

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    Rep. George Santos, who has become a national punchline for his alleged lies, hasn't faced many consequences yet, but if he were a lawyer, even his nonwork behavior would be regulated by the American Bar Association's Model Rules of Professional Conduct, and violations in the past have led to sanctions and even disbarment, says Mark Hinderks at Stinson.

  • A Litigation Move That Could Conserve Discovery Resources

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    Bennett Rawicki at Hilgers Graben proposes the preliminary legal opinion procedure — seeking a court's opinion on a disputed legal standard at the outset, rather than the close, of discovery — as a useful resource-preservation tool for legally complex, discovery-intensive litigation.

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