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Pennsylvania
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March 06, 2024
3rd Circ. Bristles At Exxon Ignoring OSHA Whistleblower Order
A Third Circuit panel on Wednesday seemed exasperated with ExxonMobil's refusal to reinstate two fired whistleblowers despite an Occupational Safety and Health Administration order to do so, repeatedly grilling the energy company's counsel to come up with a good reason for flouting the directive.
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March 06, 2024
Sewer Deal Kept On Ice During Appeal In Philly Suburb's Ch. 9
A Philadelphia bankruptcy judge Wednesday rejected a utility's latest effort to lift the automatic stay triggered by the City of Chester's Chapter 9 bankruptcy, which has delayed a $276.5 million sewer sale, saying it would require her to answer questions that are on appeal from a similar motion she nixed last year.
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March 06, 2024
Logistics Co. Escapes Ex-Worker's Age Bias Suit For Now
A federal judge has tossed a man's suit claiming a logistics company forced him to quit because he's in his 60s, saying it appeared that the ex-employee should have invoked the laws of Pennsylvania, not New Jersey.
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March 06, 2024
Correctional Facility Settles Inmate's HIV Bias Suit
A Pennsylvania county and a private correctional facility management company agreed to end a former inmate's suit claiming he was unlawfully barred from working in the kitchen after his HIV status was improperly disclosed, his attorneys announced Wednesday.
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March 05, 2024
Penn Perpetuates 'Virulent Anti-Jewish Hatred,' Students Say
The University of Pennsylvania has fostered a culture of antisemitism that has only escalated since Hamas-led killings in Israel on Oct. 7, according to an amended federal complaint accusing the school of cultivating a "pervasively hostile educational environment."
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March 05, 2024
Tank Car Cos. Can Inspect Derailed Train Parts, Judge Says
An Ohio federal magistrate judge said Tuesday that the National Transportation Safety Board must allow rail tank car owners facing claims in sprawling consolidated litigation to inspect crucial components from the Norfolk Southern train that derailed in East Palestine last year.
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March 05, 2024
Philly, Dallas Feds Name New Top Attys
The Federal Reserve Bank of Philadelphia on Tuesday announced it has promoted its deputy general counsel to senior vice president and general counsel, following a similar announcement from the Federal Reserve Bank of Dallas about its former interim general counsel.
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March 05, 2024
3rd Circ. Skeptical Of Teamsters' Belated Wage Grievance
A Third Circuit panel appears likely to uphold a decision dismissing a union's wage grievance win despite buying that a cemetery operator disregarded their deal after all but agreeing Tuesday with a district court judge that the union waited too long to object to the company's alleged violation.
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March 05, 2024
Pa. Justices Ask If Pipeline Fight Is Preempted 'Civil Action'
The Pennsylvania Supreme Court on Tuesday pondered whether the federal National Gas Act empowers the state to review permits for a pipeline project, or bars it from doing so, a question that hinges on whether appeals to a state board are preempted civil actions or administrative proceedings that would fall under the state's purview.
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March 05, 2024
Rite Aid Process To Break Leases, Close Stores In Ch. 11 OK'd
A New Jersey bankruptcy judge on Tuesday signed off on procedures for bankrupt retail pharmacy chain Rite Aid Corp. to potentially shutter 210 rented stores with fast-approaching lease rejection deadlines, overruling objections from two landlords.
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March 05, 2024
Judge's Side Job Invalidates Tax Rulings, Pa. Justices Told
Pennsylvania's constitution has barred judges from holding second jobs since 1776, counsel for a Delaware County hospital told the state Supreme Court during an oral argument Tuesday, so a senior judge who started collecting pay from a Philadelphia tax appeals board had effectively resigned and his rulings on the hospital's tax appeals were invalid.
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March 05, 2024
FDA Rejection Of Fosamax's Label Fix Not Final, 3rd Circ. Told
Counsel for patients suing Merck over its osteoporosis drug Fosamax's alleged risk of causing painful bone fractures told a Third Circuit panel Tuesday that a Food and Drug Administration letter denying changes to the drug's label does not count as a final agency action triggering federal preemption of state law failure to warn claims.
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March 05, 2024
Monsanto Nabs 1st Win In Philly's Roundup Trial Blitz
A Philadelphia jury on Tuesday cleared Monsanto of liability in a Pennsylvania cancer patient's suit alleging he developed his illness after using the weed killer Roundup, handing the company its first win in the venue where plaintiffs have won more than $2.5 billion in damages on tort claims over the Bayer AG unit's signature product.
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March 04, 2024
Ex-Philly Union 'Gofer' Gets Probation For Embezzlement
A former International Brotherhood of Electrical Workers employee who admitted to shopping with union funds while serving as a "gofer" for convicted ex-business manager John Dougherty was sentenced to three years of probation on Monday in Pennsylvania federal court.
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March 04, 2024
Advocacy Group Pushes FCC For Hearing On Fox License
The FCC should order Fox Television Stations to turn over the documents that an advocacy group says it needs to build its case that the company's Philadelphia affiliate should lose its license for hawking election conspiracy theories, that group told the agency.
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March 04, 2024
Philly Uber Drivers Tell Jury They're Employees
Counsel for Uber drivers told a federal jury in Philadelphia on Monday that the ride-hailing company saved big on labor costs by misclassifying them as independent contractors instead of employees entitled to benefits.
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March 04, 2024
3rd Circ. Says Union Courted Rebuke In NLRB Reversal
A Third Circuit panel on Monday reversed a National Labor Relations Board ruling that a nonprofit nudged workers to rebuke their union before withdrawing recognition, with one member going on to question limits on courts' power to review board rulings.
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March 04, 2024
Suit Says Firm Wrongly Repped Two Parties In Car Crash
A passenger injured in a car accident in Pittsburgh says attorneys from Goodrich & Geist did not advise him to find counsel separate from that of the driver of the car he was in and denied him the opportunity to seek damages.
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March 04, 2024
Laptop Dustup Pits Steptoe & Johnson Against Bookkeepers
A Manhattan federal judge on Monday prodded Steptoe & Johnson PLLC to try to settle claims that it unlawfully exploited the contents of a Pennsylvania accounting and tax concern's laptop, but the law firm's counsel denied it had any such device.
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March 04, 2024
Pa. Court Won't Unveil Votes In 2020 Election Info Fight
An electronic database showing every vote in Lycoming County, Pennsylvania, is the digital equivalent of the "contents of a ballot box" and was therefore exempt from being released to members of the public seeking information on the 2020 election, a divided state appellate court ruled Monday.
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March 04, 2024
Drexel Must Face Medical Prof's Sex Bias, Retaliation Suit
Drexel University can't dodge a former medical school professor's allegations that she was fired for complaining that female faculty members were treated poorly and given fewer opportunities than men, with a Pennsylvania federal judge finding she provided enough evidence to plausibly link her complaints to her termination.
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March 01, 2024
3rd Circ. Preview: Exxon Whistleblower Case Fuels March
Headlining the list of Third Circuit arguments in March is a bid from a pair of ExxonMobil whistleblowers to have the courts recognize an Occupational Safety and Health Administration order reinstating their jobs after they were fired following a press report mirroring internal complaints they made about the company's alleged misjudgment of energy output in the Delaware River Basin.
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March 01, 2024
Pepsi, Kraft And GE Can't Block DEI, Enviro Proxy Proposals
A division of the U.S. Securities and Exchange Commission has rejected bids from PepsiCo Inc., The Kraft Heinz Co. and General Electric Co. to exclude from their upcoming proxy statements proposals from a conservative think tank on diversity and environmental matters.
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March 01, 2024
4 Argument Sessions Benefits Attys Should Watch In March
The Biden administration will urge the Fifth Circuit to preserve preventive services requirements in the Affordable Care Act, the Eighth Circuit will dive into an insurer's payment practices, and the Eleventh Circuit will hear Home Depot workers' bid to revive their 401(k) suit.
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March 01, 2024
Pa. Supreme Court Snapshot: Judge's Side Gig Vexes Tax Row
In its first argument session of 2024, the Supreme Court of Pennsylvania will once again have seven justices on the bench to hear cases concerning issues like a judge taking a second job, following last year's elevation of Superior Court Judge Daniel D. McCaffery to fill the vacancy left by the death of former Chief Justice Max Baer in 2022.
Expert Analysis
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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.
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Tackling Judge-Shopping Concerns While Honoring Localism
As the debate continues over judge-shopping and case assignments in federal court, policymakers should look to a hybrid model that preserves the benefits of localism for those cases that warrant it, while preventing the appearance of judge-shopping for cases of a more national or widespread character, says Joshua Sohn at the U.S. Department of Justice.
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EPA Nod For La. Program Bodes Well For Carbon Storage
The U.S. Environmental Protection Agency's recent announcement that it plans to grant Louisiana control over the permitting of carbon dioxide geologic sequestration wells is a welcome development for other states seeking similar authority — and developers seeking carbon storage well permits, say attorneys at Sidley.
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Perspectives
How Attorneys Can Help Combat Anti-Asian Hate
Amid an exponential increase in violence against Asian American and Pacific Islander communities, unique obstacles stand in the way of accountability and justice — but lawyers can effect powerful change by raising awareness, offering legal representation, advocating for victims’ rights and more, say attorneys at Gibson Dunn.
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Opinion
Congress Needs To Enact A Federal Anti-SLAPP Statute
Although many states have passed statutes meant to prevent individuals or entities from filing strategic lawsuits against public participation, other states have not, so it's time for Congress to enact a federal statute to ensure that free speech and petitioning rights are uniformly protected nationwide in federal court, say attorneys at Skadden.
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JetBlue-American Ruling Offers Fresh Angle On Antitrust Risk
The District of Massachusetts' recent decision that the JetBlue-American Airlines pact combining some Northeastern operations violates the Sherman Act stands as a reminder that collaborations between competitors can warrant close scrutiny — even if they create real, tangible benefits for consumers, say Benjamin Dryden and Elizabeth Haas at Foley & Lardner.
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Some Client Speculations On AI And The Law Firm Biz Model
Generative artificial intelligence technologies will put pressure on the business of law as it is structured currently, but clients may end up with more price certainty for legal services, and lawyers may spend more time being lawyers, says Jonathan Cole at Melody Capital.
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And Now A Word From The Panel: MDLs As A Last Resort
While the number of individual actions included in multidistrict litigation proceedings has exploded in recent years, it's important to remember that the Judicial Panel on Multidistrict Litigation views creation of an MDL as something that should happen only after consideration of all other options, says Alan Rothman at Sidley.
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A Lawyer's Guide To Approaching Digital Assets In Discovery
The booming growth of cryptocurrency and non-fungible tokens has made digital assets relevant in many legal disputes but also poses several challenges for discovery, so lawyers must garner an understanding of the technology behind these assets, the way they function, and how they're held, says Brett Sager at Ehrenstein Sager.
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Opinion
High Court's Ethics Statement Places Justices Above The Law
The U.S. Supreme Court justices' disappointing statement on the court's ethics principles and practices reveals that not only are they satisfied with a status quo in which they are bound by fewer ethics rules than other federal judges, but also that they've twisted the few rules that do apply to them, says David Janovsky at the Project on Government Oversight.
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Opinion
Time For Law Schools To Rethink Unsung Role Of Adjuncts
As law schools prepare for the fall 2023 semester, administrators should reevaluate the role of the underappreciated, indispensable adjunct, and consider 16 concrete actions to improve the adjuncts' teaching experience, overall happiness and feeling of belonging, say T. Markus Funk at Perkins Coie, Andrew Boutros at Dechert and Eugene Volokh at UCLA.
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Tips For In-House Legal Leaders In A Challenging Economy
Amid today's economic and geopolitical uncertainty, in-house legal teams are running lean and facing increased scrutiny and unique issues, but can step up and find innovative ways to manage outcomes and capitalize on good business opportunities, says Tim Parilla at LinkSquares.