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Pennsylvania
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April 03, 2024
Voters Say Ex-Official Won Since Undated Ballots Don't Count
Supporters of a Pennsylvania town political candidate told a state appellate panel Wednesday that the Montgomery County Board of Elections should have certified the 2023 election results shortly after the vote instead of waiting for a federal court ruling that allowed certain mail-in ballots to change the outcome — especially since that ruling has since been overturned.
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April 03, 2024
Philly Injection Site Org. Isn't Religious, Judge Rules
A Pennsylvania federal judge on Wednesday ruled that an overdose prevention organization planning to open a supervised safe-injection site in Philadelphia is not a religious entity, delivering a win to the U.S. Department of Justice, which opposed the site.
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April 03, 2024
Pool Pump Co. Says 3rd Circ. Must Vacate New Energy Rule
Pool products maker Zodiac Pool Systems LLC went to the Third Circuit Wednesday to challenge a new U.S. Department of Energy rule that the company says goes beyond the department's legal authority by setting energy conservation standards for pool pumps, which Zodiac asserts are exempt from such regulations.
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April 03, 2024
3rd Circ. Judge Wonders If Philly Union Rule Dispute Is Moot
A Third Circuit judge on Wednesday wondered whether a former Philadelphia mayor's order requiring contractors to pay dues to "city-approved" unions was now moot, given the new administration's assurances that it won't be implemented, as contractors urged the court to find that the scrapped rule should be banned by law.
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April 03, 2024
3rd Circ. Won't Block Order To Replace NJ 'County Line' Ballot
A federal appellate court panel refused Wednesday to block a district court order requiring New Jersey to change the layout of its ballot before the June 4 primary, even though some county clerks who are responsible for preparing the ballots argued that it was not feasible to make the changes in time.
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April 03, 2024
14 AGs Urge DOL To Seek More Payroll Info From Contractors
Contractors performing construction, alteration or repair work on government buildings should have to give the U.S. Department of Labor more detailed information about the deductions they take from workers' wages, a coalition of Democratic state attorneys general told the agency in a letter publicized Wednesday.
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April 03, 2024
Veteran Atty Joins Saxton & Stump To Co-Chair Estates Group
A seasoned attorney with more than 40 years of experience in tax law and estate planning has joined Saxton & Stump in Harrisburg, Pennsylvania, after practicing for four years with local firm Johnson Duffie Stewart & Weidner.
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April 02, 2024
Backlash To 3rd Circ. Nom Could Hamper More Muslim Picks
Only two Muslims serve on the federal bench, well below the prevalence of people practicing the faith within the U.S., and the recent travails of a third picked to serve on the court might bode ill for adding more.
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April 02, 2024
3rd Circ. Preview: Black Lung, Back Pay On Tap In April
The Third Circuit this month will consider Keystone Coal Mining Co.'s contention that a lower court erred in deeming a miner's black lung a "total disability," while a shuttered rehabilitation facility has asked the court to undo the National Labor Relations Board's determination that it owes unionized employees back pay and bonuses for work done during the COVID-19 pandemic.
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April 02, 2024
'Road Not Taken': Uber Defends Verdict With Poetic Flair
Making reference to Robert Frost's poem "The Road Not Taken," Uber Technologies Inc. on Monday said a group of UberBlack drivers chose their road when they urged a Pennsylvania federal court to consider less than a unanimous verdict, and could not turn back around when the jurors leaned toward declaring them independent contractors.
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April 02, 2024
Ex-Army Officer Says Gov't Smeared Him With False Claims
A former major general in the U.S. Army on Tuesday sued the U.S. Department of Defense and others, alleging that the government wrongly recorded him as having assaulted his partner, despite her recanting the allegations and admitting they were a ploy to seek attention.
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April 02, 2024
Ohio Regulator Urges Justices To Review FERC Deadlock Rule
The Public Utilities Commission of Ohio has urged the U.S. Supreme Court to review the Third Circuit's decision upholding a rule change from the Federal Energy Regulatory Commission that took effect despite a commissioner deadlock, arguing that the appellate court didn't apply a fitting standard.
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April 02, 2024
GRSM50 Adds 11-Atty Burns White Team In Pittsburgh
Nearly a dozen litigators have moved their practices from Burns White LLC to Gordon Rees Scully Mansukhani LLP's Pittsburgh office.
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April 02, 2024
100-Plus Groups Rally Behind Adeel Mangi For 3rd Circ.
Over 100 federal and state advocacy groups sent a letter to senators on Tuesday urging them to support Adeel Mangi, nominee for the Third Circuit, who would be the first Muslim federal appellate judge if confirmed, amid increasing opposition to him.
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April 01, 2024
AIG Unit Can't Toss Conn. Utility's $3M Defense Cost Bid
An AIG unit can't escape the Connecticut Municipal Electric Energy Cooperative's third-party suit seeking to recoup $3 million in legal expenses, a Connecticut federal court ruled, saying the cooperative has standing to pursue coverage on behalf of its former CEO who was convicted of stealing public funds.
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April 01, 2024
Women Must Arbitrate Suit Over Ex-Coach's Hidden Cam
Newly discovered texts and files on a former Temple University football coach's devices won't help three women revive or revise their lawsuits against the coach and the dog-sitting app he used to recruit them, a Pennsylvania federal judge ruled Friday.
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April 01, 2024
One Set Of Amazon Buyers Can't Cancel Later Antitrust Case
Antitrust lawsuits against Amazon.com in New York and Washington federal court will remain separate after a New York federal judge refused Friday to let online shoppers in the earlier-filed Washington case intervene in — and junk — the other proposed class action filed two years later.
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April 01, 2024
Union Backs USPS In Bias Suit That Went To High Court
A Christian postal worker who claimed he was unlawfully punished for seeking Sundays off should lose his religious bias case under the standard the U.S. Supreme Court set when it revived his case in 2023, a letter carriers union told a Pennsylvania federal judge.
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April 01, 2024
Doctors Don't Have To Give Expert Opinions In Med Mal Suit
A Pennsylvania federal judge has thrown out a man's suit seeking to force his doctors to provide an affidavit of merit for a malpractice suit, saying there's no legally recognized duty the doctors breached by refusing.
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April 01, 2024
Aramark Accuses Aetna Of 'Gamesmanship' In Benefits Fight
Aramark said Aetna sued it over an arbitration pact in Connecticut as a tactical response to Aramark's Texas suit claiming the insurer cost it millions by approving shoddy health benefit claims, and urged a federal judge to ship Aetna's suit to Texas as well.
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March 29, 2024
Petition Watch: Off-Label Ads, Retiree Discrimination & PPE
A Utah attorney has asked the U.S. Supreme Court to determine whether allegedly retaliatory IRS summonses can be quashed, and two former pharmaceutical executives are challenging the constitutionality of their convictions for marketing the off-label use of a drug. Here, Law360 looks at recently filed petitions that you might've missed.
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March 29, 2024
Klehr Harrison Exits Athlete-Poaching Claims, Citing Conflict
Klehr Harrison Harvey Branzburg LLP has ended its representation of sports memorabilia brokers ensnared in two sports agencies' battle in Pennsylvania federal court over a contract with former Detroit Lions wide receiver Kenny Golladay, citing concerns about an unspecified conflict of interest.
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March 29, 2024
Epiq Says Chubb Owes Costs In Clergy Abuse Data Leak Case
Epiq Corporate Restructuring LLC has sued Chubb-affiliated insurers in Connecticut federal court seeking to be reimbursed for $2.5 million in settlement costs and roughly $1.8 million for its defense of litigation over Epiq's disclosure of sex abuse survivors' names in a Chapter 11 case.
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March 29, 2024
Dominion Wants County Sanctioned In Voting Machine Row
Dominion Voting Systems Inc. wants a Pennsylvania county to pay its legal bills over allegedly rehashed claims that its voting machines had security issues in violation of the county's contract, since a federal court had already tossed those claims.
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March 29, 2024
Exec Says Pharma Co. Yanked Job Offer Over ADHD Medication
A Pennsylvania man with more than two decades of experience in the pharmaceutical industry claims he was denied a job after testing positive for amphetamines, even though he notified the Garden State company that he was on medication for attention deficit hyperactivity disorder, in violation of New Jersey's Law Against Discrimination.
Expert Analysis
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Appellate Rulings Highlight Telecom Standard Uncertainties
Two recent contrasting appellate opinions in Cellco v. White Deer Township and NMSurf v. Webber — interpreting Sections 332 and 253 of the Communications Act, respectively — demonstrate the continuing uncertainty carriers face when challenging state and local requirements that may impede their provision of telecommunications services, say attorneys at Davis Wright.
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And Now A Word From The Panel: A One-State MDL?
As the Judicial Panel on Multidistrict Litigation prepares for its September hearing session where it will consider a petition in which the two constituent actions are both pending in Pennsylvania, but in different districts, Alan Rothman at Sidley points out that the presence of actions in a single state does not preclude the filing of an MDL petition.
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2 Cases May Expand CFPB's Reach On Deceptive Practices
In two separate cases, the Consumer Financial Protection Bureau is asserting a broad interpretation of who is subject to the Consumer Financial Protection Act's prohibition on unfair, deceptive, or abusive acts and practices, raising questions about what an expansion of its authority might mean for consumer credit markets, say John Coleman and Leslie Meredith at Orrick.
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Exclusivity Loss Holds Power In Trade Secret Damages Claims
A Pennsylvania federal court's recent decision in Elite Transit v. Cunningham adds to a growing body of case law that illustrates how the loss of trade secret exclusivity alone may be sufficient for claiming damages, even when commercialization of a trade secret has not occurred, say Christopher DeBaere and Julia Bloch at Archway Research.
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Section 363 Ruling Lines Up With Avoidance Action Precedent
While it is safe to say that avoidance actions in bankruptcy cases are the exception, not the rule, when selling assets in a Section 363 sale, the Eighth Circuit’s recent ruling in Simply Essentials’ Chapter 5 case reveals uniformity among courts that have considered the issue, says Daniel Lowenthal at Patterson Belknap.
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What Large Language Models Mean For Document Review
Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.
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Checking In On How SuperValu Has Altered FCA Litigation
Four months after the U.S. Supreme Court's ruling in U.S. ex rel. Chutte v. SuperValu, the decision's reach may be more limited than initially anticipated, with the expansion of the scienter standard counterbalanced by some potential defense tools for defendants, say Elena Quattrone and Olivia Plinio at Epstein Becker.
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Series
Participating In Living History Makes Me A Better Lawyer
My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.
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Opinion
Private Equity Owners Can Remedy Law Firms' Agency Issues
Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.
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How To Protect Atty-Client Privilege While Using Generative AI
When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.
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What FERC-PJM Negotiations Mean For The Energy Industry
Following the aftermath of Winter Storm Elliot, disputes associated with the PJM Interconnection settlement negotiations taking place at the Federal Energy Regulatory Commission have brought to the fore a potential legal minefield arising out of extreme weather events that could lead to commercial risks for power generating companies, say attorneys at Hogan Lovells.
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How New Lawyers Can Leverage Feedback For Growth
Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.
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Bracing For Rising Cyber-Related False Claims Act Scrutiny
Two recent cyber-related False Claims Act cases illustrate the vulnerability of government contractors, including universities, obliged to self-attest compliance with multiple controls, signal the importance of accurate internal controls and underline the benefits of self-disclosure, say Townsend Bourne and Nikole Snyder at Sheppard Mullin.
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A Cautionary Tale Of Flawed Debt Accounting And SEC Fines
The U.S. Securities and Exchange Commission's recent improper-accounting charges against Malvern Bancorp and its ex-CFO highlight crucial practice issues, including the need to objectively evaluate borrowers' credit, say attorneys at Arnold & Porter.
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Minn. Product Case Highlights Challenges Of Misuse Defense
The recent decision by a Minnesota federal court in McDougall v. CRC Industries illustrates that even where a product that is clearly being misused results in personal injuries, manufacturers cannot necessarily rely on the misuse defense to absolve them of liability exposure, says Timothy Freeman at Tanenbaum Keale.