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March 01, 2024
CVS, Walgreens Receive FDA's OK To Dispense Abortion Drug
Pharmacy giants CVS and Walgreens announced Friday that they have received federal certification to dispense the abortion drug mifepristone and will begin doing so soon in certain states — a development that President Joe Biden hailed as historic and that comes amid a larger battle in the U.S. Supreme Court.
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March 01, 2024
Atty Censured Over Conduct In NFL Concussion MDL
A Pennsylvania federal judge has rejected objections from a law firm and its principal and affirmed a special masters' determination that the attorney be censured for engaging in "questionable behavior" while trying to secure monetary awards for clients from the NFL players' concussion injury litigation settlement.
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March 01, 2024
USPS Says Ex-Carrier's Suit Fails Updated Religious Bias Test
The U.S. Postal Service urged a Pennsylvania federal court to toss a former mail carrier's religious discrimination suit following its trip to the U.S. Supreme Court, arguing his request to skip Sunday work caused an excessive burden on the agency under the high court's clarified standard.
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March 01, 2024
Former Pa. Assistant DA Moves To GRSM50's Philly Team
Gordon Rees Scully Mansukhani LLP has hired an attorney with nearly a decade of experience working as an assistant district attorney in Pennsylvania to join the firm's office in Philadelphia as a partner, the firm recently announced.
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February 29, 2024
Blank Rome Accused Of Suing Atty Over Job Change
A trial attorney who used to defend plane parts manufacturer Avco Corp. accused the company and Blank Rome LLP Wednesday in Pennsylvania federal court of pursuing "frivolous" litigation against her, claiming they sought to destroy her livelihood because she joined a plaintiffs' firm that frequently sues aviation manufacturers.
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February 29, 2024
Texas Cash Advance Co. Fees Accused Of Usury In Disguise
Cash advance app FloatMe Corp. has been hit with a proposed class action alleging the company violated Pennsylvania state law by charging fees that amount to unduly high interest rates on its short-term, small-sum loans.
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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.
Expert Analysis
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What Associates Need To Know Before Switching Law Firms
Excerpt from Practical Guidance
The days of staying at the same firm for the duration of one's career are mostly a thing of the past as lateral moves by lawyers are commonplace, but there are several obstacles that associates should consider before making a move, say attorneys at HWG.
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A Case For Sharing Mediation Statements With Counterparties
In light of a potential growing mediation trend of only submitting statements to the mediator, litigants should think critically about the pros and cons of exchanging statements with opposing parties as it could boost the chances of reaching a settlement, says Arthur Eidelhoch at Eidelhoch Mediation.
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Preparing For Legal Scrutiny Of Data Retention Policies
Two recent cases involving Google and Meta should serve as a call to action for companies to ensure their data retention policies are updated and properly implemented to the degree of being able to withstand judicial scrutiny, especially as more data is generated by emerging technologies, say Jack Kallus and Labeed Choudhry at Kaufman Dolowich.
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EPA's Good Neighbor Ozone Plan: What Cos. Should Know
With the U.S. Environmental Protection Agency's recently issued Good Neighbor Rule set to restrict ozone-forming smokestack emissions from power plants and industrial facilities in 23 states, the time is now for companies to consider options available under the rule to mitigate costs and legal exposure, says John Watson at Spencer Fane.
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Opinion
Attorneys Should Have An Ethical Duty To Advance DEI
National and state bar associations are encouraging attorneys to apply diversity, equity and inclusion practices in the legal profession and beyond, and these associations should take it one step further by formally recognizing ethical duties for attorneys to promote DEI, which could better the legal profession and society, says Elena Mitchell at Moore & Van Allen.
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Data-Driven Insights Are Key To Attracting Today's Clients
As law firm growth slows and competition for clients increases, modern firms must rely on robust data analytics to develop the sector-based expertise and industry insights that clients increasingly prioritize in relationships with counsel, says Lavinia Calvert at Intapp.
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In Arbitration, Consider The Influence Of State Laws
A California appellate court's recent refusal, based in state law, to compel arbitration in Barraza v. Tesla illustrates the importance of understanding substantive and procedural differences between state arbitration law and the Federal Arbitration Act — and when those distinctions can alter case outcomes, says Richard Mason at MasonADR.
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Ghosting In BigLaw: Why Better Feedback Habits Are Needed
Not giving assignments or constructive criticism to junior associates can significantly affect their performance and hours, potentially leading them to leave the firm, but partners can prevent this by asking the right questions and creating a culture of feedback, says Rachel Patterson at Orrick.
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Rebuttal
Law Needs A Balance Between Humanism And Formalism
A recent Law360 guest article rightly questions the pretextual pseudo-originalism that permits ideology to masquerade as judicial philosophy, but the cure would kill the patient because directness, simplicity and humanness are achievable without renouncing form or sacrificing stare decisis, says Vanessa Kubota at the Arizona Court of Appeals.
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Short Message Data Challenges In E-Discovery
As short message platforms increasingly dominate work environments, lawyers face multiple programs, different communication styles and emoji in e-discovery, so they must consider new strategies to adapt their processes, says Cristin Traylor at Relativity.
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The Role Record-Keeping May Play In TCPA Class Cert.
Two recent federal court decisions highlight that the viability of the established business relationship exemption for defeating class certification in a Telephone Consumer Protection Act case may depend on the defendant company's record-keeping and policies, says Samantha Duke at Rumberger Kirk.
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Expect The Patchwork Of AI Regulation To Grow
Given the unlikelihood of meaningful federal artificial intelligence legislation in the immediate future, the patchwork of state AI regulation will likely continue to grow, bringing at least two main risks for companies in the AI space, say attorneys at Jenner & Block.
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Opinion
Thomas Report Is Final Straw — High Court Needs Ethics Code
As a recent report on Justice Clarence Thomas' ongoing conflicts of interest makes evident, Supreme Court justices should be subject to an enforceable and binding code of ethics — like all other federal judges — to maintain the credibility of the institution, says Erica Salmon Byrne at Ethisphere.
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Joint Representation Ethics Lessons From Ga. Electors Case
The Fulton County district attorney's recent motion to disqualify an attorney from representing her elector clients, claiming a nonconsentable conflict of interest, raises key questions about representing multiple clients related to the same conduct and highlights potential pitfalls, say Hilary Gerzhoy and Grace Wynn at HWG.
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Pa. Ruling Sheds New Light On Ch. 9 Eligibility Requirements
A Pennsylvania bankruptcy court’s recent ruling that the city of Chester qualified for municipal bankruptcy relief provides insight into the finer points of Chapter 9 eligibility, including the requirements for debtor insolvency, state law authorization and good faith negotiation, say attorneys at Cadwalader.