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Pennsylvania
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March 14, 2024
In 3rd Win, Sig Sauer Beats ICE Agent's Defective-Gun Suit
Sig Sauer has defeated a third product liability lawsuit from a user who claimed its P320 pistol spontaneously discharged, injuring him without the trigger being touched, convincing another federal judge that the plaintiff's expert witness testimony should be disqualified.
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March 14, 2024
Drug Wholesalers Want Preliminary OK On $265M Sandoz Deal
A group of direct purchasers of generic drugs has asked a Pennsylvania federal court for approval of a $265 million settlement with Swiss drugmaker Sandoz over allegations of federal antitrust violations.
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March 14, 2024
Biden Comes Out Against $14.9B US Steel-Nippon Merger
President Joe Biden came out in opposition of U.S. Steel's planned $14.9 billion merger with Japan's Nippon Steel Corp. on Thursday, echoing lawmakers who have expressed concerns about the sale of an American institution to a foreign power.
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March 13, 2024
PNC Bank Can't Get $106M Judgment Covered By Insurers
PNC Bank NA is not entitled to coverage by a group of excess insurers for a $106 million judgment it incurred in an underlying lawsuit alleging the bank's predecessor mismanaged funeral trust accounts, a Pennsylvania federal judge ruled Wednesday, saying the policies' exclusions bar coverage in this case.
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March 13, 2024
Pa. Energy Co. Workers Secure Class Status In 401(k) Suit
Current and former employees of a Pennsylvania energy company were granted class status Wednesday in their suit alleging the business loaded its employee retirement plans with expensive, underperforming investment options for years, after a federal judge ruled the company couldn't escape the suit.
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March 13, 2024
Ex-Agent Drops 'Toxic' Claims Against Insurer At Arbitration
A former employee of a Pittsburgh-area insurance agency dropped her claims against her ex-employer the night before the case was scheduled to go to arbitration, and the insurer asked a federal court Wednesday to affirm the arbitrators' ruling dismissing the suit.
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March 13, 2024
Dodging Attempt Doesn't Invalidate Service, 3rd Circ. Told
A consulting firm suing a construction company for failing to pay for its services related to a separate lawsuit against the U.S. Department of Veterans Affairs told a Third Circuit panel Wednesday that it served process to the defendant, in spite of the principal's alleged attempts to dodge service.
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March 13, 2024
BigLaw Paper Poacher Gets 15 Mos. In Merck Insider Case
A Manhattan federal judge hit a former FBI trainee from Pennsylvania with a 15-month prison sentence Wednesday for illegally trading on a Merck & Co. deal using secrets gleaned from legal papers in the possession of his BigLaw ex-girlfriend.
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March 13, 2024
FERC Can't Change Power Auction Results, 3rd Circ. Rules
The Third Circuit has wiped out the Federal Energy Regulatory Commission's tweak to the results of an electricity capacity auction run by the nation's largest regional grid operator, saying it amounted to retroactive rate-making in violation of the filed-rate doctrine.
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March 13, 2024
Tesla Investors Weigh In On $5B Fee Proposed For Class Attys
Tesla Inc. stockholders are sounding off to Delaware's chancellor after class attorneys sought a stock-based fee potentially worth more than $5 billion at current share prices following the Court of Chancery's reversal of Elon Musk's $55.8 billion stock-based pay plan on Jan. 30.
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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.
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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."
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
Expert Analysis
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Mallory Ruling Leaves Personal Jurisdiction Deeply Unsettled
In Mallory v. Norfolk Southern Railway, a closely divided U.S. Supreme Court recently rolled back key aspects of its 2017 opinion in Daimler AG v. Bauman that limited personal jurisdiction, leaving as many questions for businesses as it answers, say John Cerreta and James Rotondo at Day Pitney.
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5 Ways Firms Can Rethink Office Design In A Hybrid World
As workplaces across the country adapt to flexible work, law firms must prioritize individuality, amenities and technology in office design, says Kristin Cerutti at Nelson Worldwide.
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False Ad Snapshot Shows Risks Of Geographic Origin Claims
A look at recent and historical cases involving deceptive use of geographic origin descriptors show that companies proclaiming they are American, but that sell products originating from outside the U.S., could be at risk under unfair competition laws or Federal Trade Commission enforcement, say attorneys at Carlson Gaskey.
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Opinion
Bar Score Is Best Hiring Metric Post-Affirmative Action
After the U.S. Supreme Court's ruling striking down affirmative action admissions policies, law firms looking to foster diversity in hiring should view an applicant's Multistate Bar Examination score as the best metric of legal ability — over law school name or GPA, says attorney Alice Griffin.
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New Health Data Compliance Considerations For Pa. Lawyers
Given the regularity with which attorneys handle private health information, it is important for Pennsylvania firms to understand recent significant amendments to the state's data breach law, which address information not currently covered by federal law, says Mark Mattioli at Post & Schell.
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2 Years Later: TransUnion's Impact On Data Breach Litigation
In the two years since the U.S. Supreme Court’s landmark TransUnion decision, plaintiffs have sought to bypass the effects of the ruling — which poses a significant impediment to large data breach class actions and uncertainty for cyber insurers — through various clever pleading forms, say Jason Fagelman and Sarah Cornelia at Norton Rose, and Amanda Thai at Beazley.
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Ghosting In BigLaw: How To Come Back From Lack Of Feedback
Junior associates can feel powerless when senior colleagues cut off contact instead of providing useful feedback, but young attorneys can get back on track by focusing on practical professional development and reexamining their career priorities, says Rachel Patterson at Orrick.
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Supreme Court's NC Election Map Ruling Protects Pa. Voters
By assuring the applicability of state constitutional provisions to state election laws, the U.S. Supreme Court's recent decision, Moore v. Harper, represents a significant victory for fair elections — especially in Pennsylvania, where courts have applied the state's free and equal elections clause to forbid partisan gerrymandering, say Robert Wiygul and John Hill at Hangley Aronchick.
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Worker Accommodations After Justices' Religious Bias Ruling
While the U.S. Supreme Court's recent Groff v. DeJoy decision makes it easier for employees to obtain religious accommodations under Title VII, it also guarantees more litigation over what counts as a substantial hardship for businesses, as lower courts will have to interpret the exact contours of the new standard, says Caroline Corbin at the University of Miami School of Law.
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Opinion
States Must Fight Predatory Real Estate Listing Agreements
As momentum against long-term real estate listing agreements continues to grow, states should take action to render existing agreements unenforceable and discourage future unfair and deceptive trade practices in real estate, says Elizabeth Blosser at the American Land Title Association.
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Steps To Success For Senior Associates
Excerpt from Practical Guidance
Adriana Paris at Rissman Barrett discusses the increased responsibilities and opportunities that becoming a senior associate brings and what attorneys in this role should prioritize to flourish in this stressful but rewarding next level in their careers.
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How To Avoid A Zombie Office Building Apocalypse
With national office vacancy rates approaching 20%, policymakers, investors and developers will need to come together in order to prevent this troubling trend from sucking the life out of business districts or contaminating the broader real estate market, say Ryan Sommers and Robyn Minter Smyers at Thompson Hine.
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Legal Profession Must Do More For Lawyers With Disabilities
At the start of Disability Pride month, Rosalyn Richter at Arnold & Porter looks at why lawyers with disabilities are significantly underrepresented in private practice, asserting that law firms and other employers must do more to conquer the implicit bias that deters attorneys from seeking accommodations.
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SuperValu's Lesson: Always Be Building An FCA Defense
The recent U.S. v. SuperValu decision confirming that scienter is an essential element of False Claims Act liability should motivate government contractors to prepare for allegations of material misrepresentation by building a record of their honorable efforts toward regulatory compliance, say David Resnicoff and Andrew Patton at Riley Safer.
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NBA Players Must Avoid Legal Fouls In CBD Deals
The NBA’s recently ratified collective bargaining agreement allows athletes to promote CBD brands and products, but athletes and the companies they promote must be cautious of a complex patchwork of applicable state laws and federal regulators’ approach to advertising claims, says Airina Rodrigues at Brownstein Hyatt.