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Pennsylvania
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February 29, 2024
Black Detective Costume Not Protected Speech, Kraft Says
A white manager who was fired by Kraft Heinz for wearing blackface as part of a Halloween costume in which he dressed as a character from the television show "Miami Vice" doesn't have a viable retaliation suit because his costume wasn't protected speech, the company told a Connecticut federal court.
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February 29, 2024
Ex-Philly Union Manager Gets Extortion Trial Delayed
Former Philadelphia union leader John "Johnny Doc" Dougherty on Thursday successfully petitioned to delay his upcoming extortion trial to give his defense attorneys more time to prepare on the heels of his embezzlement conviction last year.
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February 29, 2024
Harvard Faces Appeal Of Ruling Over Alleged Body Part Sales
Families suing Harvard University over the alleged theft and sale of body parts donated to the institution's medical school on Thursday appealed a ruling that found the university was immune from all claims across a dozen related lawsuits.
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February 29, 2024
Sandoz To Pay $265M To Resolve Claims In Price-Fixing MDL
Swiss generic drug and biosimilar manufacturer Sandoz announced Thursday that two of its subsidiaries have reached a $265 million settlement with the direct purchasers of generic medications to resolve allegations of federal antitrust violations.
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February 29, 2024
Aetna Asks Judge To Force Arbitration In Aramark ERISA Feud
Aetna Life Insurance Co. says Aramark Services Inc. and its affiliated employee health plans ignored arbitration requirements in their contract when they filed a lawsuit in Texas accusing Aetna of mismanaging Aramark's health insurance claims, and has asked a Connecticut federal court to force the parties to arbitration there.
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February 29, 2024
NJ Towns Can't Sue Netflix, Hulu For Fees, 3rd Circ. Says
Two New Jersey municipalities cannot sue Netflix and Hulu for franchise fees under the state's Cable Television Act, the Third Circuit held Thursday in a precedential opinion, saying the state statute reserves enforcement of the law to the state Board of Public Utilities.
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February 29, 2024
Bankrupt Endo To Pay $465M To Resolve Opioid Claims
Drugmaker Endo International has agreed to pay as much as $465 million to resolve criminal and civil claims stemming from its sale and marketing of a powerful opioid, and will turn over its assets to a group of secured lenders who will operate the company under a new corporate structure.
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February 28, 2024
Elite Schools Get OK For $166M More Aid-Fixing Deals
An Illinois federal judge handling student aid-fixing allegations against 17 top universities gave his initial blessing to another $166 million in settlements Wednesday, the day after he ordered three universities to produce documents that could show they handled certain students' admissions differently from others.
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February 28, 2024
Indivior's $385M Suboxone Antitrust Deal Gets Final OK
A Pennsylvania federal judge has granted final approval to Indivior's $385 million settlement with direct purchasers in antitrust litigation over its opioid addiction treatment Suboxone and awarded roughly $120 million in attorney fees to the purchasers' counsel.
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February 28, 2024
Cravath Steers Viatris' $350M Collab With Swiss Co.
Healthcare company Viatris and Swiss pharmaceutical research company Idorsia are teaming up to develop two late-stage drugs, the companies announced Wednesday.
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February 28, 2024
Embattled Philly Loan Biz Principals Hit With RICO Charges
Legal troubles for the principals of Philadelphia's Par Funding cash advance company are mounting as federal prosecutors hit them with a new indictment adding Racketeer Influenced and Corrupt Organizations Act allegations on top of existing charges that the principals bilked investors out of hundreds of millions of dollars and threatened violence against borrowers.
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February 28, 2024
Michigan Atty, Trump Ally, In Default For Avoiding Pay Suit
A default judgment was entered against a Michigan attorney known for pushing former President Donald Trump's unfounded voter fraud claims after a cybersecurity company said she didn't respond to 40 attempts to serve her with a lawsuit claiming that she didn't pay for voting machine inspections.
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February 28, 2024
Insurance Agency Says It Wasn't Told Of Airbnb Shooting Suits
A Pennsylvania insurance agency accused of concealing that a Pittsburgh Airbnb property was subject to numerous lawsuits over a mass shooting has claimed that the property owner never revealed the problems when shopping for a new policy, so it wasn't the agency's fault when the new insurer canceled coverage.
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February 28, 2024
AdaptHealth, Ex-CEO Cut $51M Deal To End Investor Fight
AdaptHealth and its former CEO have agreed to pay $51 million to resolve a shareholder suit alleging the medical equipment company misled investors by retroactively inflating growth numbers ahead of a merger with special acquisition firm DFB Healthcare Acquisitions Corp., according to court documents filed in Pennsylvania federal court Tuesday.
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February 28, 2024
3rd Circ. Won't Rehear Pfizer Shareholder Suit Coverage Row
Pfizer won't get a second shot at arguing its insurer should indemnify it in a settlement stemming from a 2003 shareholder class action, with the Third Circuit on Wednesday declining the pharmaceutical company's request for an en banc rehearing.
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February 27, 2024
'Delay' Adds $2.3M To Monsanto's $175M Roundup Judgment
A Philadelphia judge on Tuesday added approximately $2.3 million in delay damages — a form of prejudgment interest — to a $175 million verdict against Bayer AG unit Monsanto in the case of a man who said using the weed killer Roundup caused him to develop cancer, also rejecting the company's request for a new trial.
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February 27, 2024
Firing Over Vax Refusal Was No 'Holy War,' Pa. Judge Rules
A software developer who was fired under his company's COVID-19 vaccination policy can't claim religious discrimination because he hadn't shown that his vaccine refusal was tied to a larger system of religious belief, a Pennsylvania federal judge ruled Tuesday.
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February 27, 2024
Philly Gun Shop Ban Doesn't Flout 2nd Amendment
Philadelphia's zoning code barring gun shops close to residential neighborhoods didn't violate a shooting range's Second Amendment rights, because the location of a shop isn't part of the fundamental rights covered by the amendment, a Pennsylvania appellate court ruled Tuesday.
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February 27, 2024
No Arbitration In Pa. Law Firm's Suit Against Web Developer
The Pennsylvania Superior Court has ruled that a website design company's request for arbitration was properly denied in a law firm's breach of contract suit against it, reasoning that the company waived the right to arbitration by continuing to litigate the case.
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February 27, 2024
3rd Circ. Won't Reconsider Coverage Ruling For Deli Stabbing
The Third Circuit declined to review its decision that an insurer for a Philadelphia deli does not owe coverage for a $900,000 settlement reached with a man stabbed on the premises.
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February 27, 2024
Biden's Labor Secretary Nom Clears Senate Committee Again
Julie Su, President Joe Biden's long-running nominee for labor secretary who has been temporarily serving in the role for the past year, made it through a Senate committee Tuesday, though her fate in the full chamber is uncertain.
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February 26, 2024
3rd Circ. Backs Amtrak's Win In Fired Black Worker's Bias Suit
The Third Circuit declined Monday to revive a Black former Amtrak inspector's racial discrimination suit claiming he was fired out of prejudice, ruling he didn't show bias informed the company's decision to sack him for taking hundreds of dollars in gifts from a contractor.
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February 26, 2024
Railcar Cos. Want Out Of Pa. Schools' Derailment Suit
A trio of railcar companies told a federal court that a group of Pennsylvania school districts can't rope them into litigation over the Norfolk Southern derailment in East Palestine, Ohio, arguing in briefs Friday that the schools didn't sufficiently link them to the harm allegedly suffered from the derailment and chemical spill.
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February 26, 2024
Black Truck Drivers Can't Revive Race Bias Suit At 3rd Circ.
Two Black truck drivers for a supermarket chain couldn't beat "voluminous evidence" that they were fired for threatening a co-worker who one called a "rat" or a "snitch," the Third Circuit ruled, refusing to revive their suit blaming race bias for their termination.
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February 26, 2024
Conn. Homeowners Say Toll Bros. Botched Senior Community
A planned community hit construction firm Toll Brothers with a breach of contract suit in Connecticut state court, alleging 67 townhomes, six apartment buildings and a clubhouse were built or improved with dozens of major defects the builder failed to fix.
Expert Analysis
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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.
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2nd Circ. Reinsurance Ruling Misconstrues English Law
The Second Circuit's finding in Insurance Company of the State of Pennsylvania v. Equitas Insurance, that London-based reinsurer Equitas owed coverage for losses outside the policy period, stems from that court's misinterpretation of English law on reinsurance policy construction, says Christopher Foster at Holman Fenwick.
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Considerations For Cos. Amid Rising Data Tracking Suits
Despite the limited success of plaintiffs seeking to use older privacy laws to bring internet data tracking claims, e-commerce businesses should nevertheless take precautions to minimize their potential exposure to these suits when making decisions about how to handle website visitor data, say attorneys at Benesch.
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Firm Tips For Helping New Lawyers Succeed Post-Pandemic
Ten steps can help firms significantly enhance the experience of attorneys who started their careers in the coronavirus pandemic era, including facilitating opportunities for cross-firm connection, which can ultimately help build momentum for business development, says Lana Manganiello at Equinox Strategy Partners.
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Prepping Your Business Ahead Of Affirmative Action Ruling
The U.S. Supreme Court's upcoming ruling on whether race should play a role in college admissions could potentially end affirmative action, and companies will need a considered approach to these circumstances that protects their brand power and future profits, and be prepared to answer tough questions, say Nadine Blackburn at United Minds and Eric Blankenbaker at Weber Shandwick.