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March 20, 2024
IRS Asks Justices To Scrap Couple's Late-Filed Tax Court Suit
The IRS asked the U.S. Supreme Court to consider reversing the Third Circuit's revival of a couple's challenge to their tax bill, saying the appeals court incorrectly concluded that a 90-day deadline for petitioning the U.S. Tax Court need not always be met.
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March 20, 2024
How The Supreme Court Could Narrow Chevron
After hours of oral argument in a closely watched administrative law case, it appeared that some U.S. Supreme Court justices could be open to limiting the opportunities for lower courts to defer to federal agencies' legal interpretations in disputes over rulemaking — and legal experts said there are a number of ways they could do it.
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March 20, 2024
Pa. Obstetrician Keeps Trial Win In Delivery Injury Suit
A Pennsylvania appellate panel affirmed a verdict clearing an obstetrician of liability in a suit accusing her of negligently delivering a baby and causing a permanent nerve injury, saying the plaintiffs "fundamentally misunderstand" how an appellate court reviews a trial court's evidentiary rulings.
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March 20, 2024
NJ Town Exits Eagles Fan's Battery Suit Over QB's Football
A Philadelphia Eagles fan has dropped the town of East Rutherford, New Jersey, from his suit claiming he was battered at MetLife Stadium after quarterback Jalen Hurts gave him a game ball, but the other defendants are still on the hook, according to court documents.
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March 20, 2024
Counterclaim Tossed In Attys' Fight Over Broken Biz Alliance
A federal judge has handed one victory in a larger battle to a lawyer and his Philadelphia-based law firm suing another attorney over a business relationship gone south, agreeing that a counterclaim from the defendant for breach of contract can't stand.
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March 20, 2024
Breaking Down Each State's Climate Priority Policies
Forty-five states have now completed climate action plans outlining how they'll advance federal climate goals through policy and programs in coming years, with most focusing at least in part on real estate development as a way to reduce emissions.
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March 20, 2024
Law360 Announces The Members Of Its 2024 Editorial Boards
Law360 is pleased to announce the formation of its 2024 Editorial Advisory Boards.
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March 20, 2024
US Chamber's Litigation Funding Concerns Spur 2 State Laws
Amid concerns from the U.S. Chamber of Commerce about third-party litigation funding, including from potentially hostile foreign entities, state legislatures in Indiana and West Virginia have recently passed bills imposing restrictions on the practice.
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March 19, 2024
Nevada Dem. Says She Can't Support 3rd Circ. Nom.
U.S. Sen. Catherine Cortez Masto, D-Nevada, on Tuesday became the first Democrat to publicly say she cannot support Adeel Mangi, nominee for the Third Circuit, who would be the first Muslim federal appellate judge, if confirmed.
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March 19, 2024
McDonald's Franchisee's Ch. 11 Plan Approved With Deal
A Pittsburgh McDonald's franchisee received court approval Tuesday for its Chapter 11 plan after also getting the nod on a $4.35 million settlement with a former employee who was sexually assaulted as a minor by her manager at one of the debtor's restaurants.
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March 19, 2024
Philly Paralegals Get OK For OT Collective, But Not Class
A group of some 200 paralegals in the Philadelphia District Attorney's Office may pursue claims of unpaid overtime compensation as a collective but not a class, a Pennsylvania federal court held, finding a proposed class of representatives lacked evidence of a common injury.
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March 19, 2024
Cancer Patient Fights Monsanto's Philadelphia Roundup Win
A cancer patient alleging that he developed his illness after using the weed killer Roundup wants to overturn Bayer AG unit Monsanto's first win in Philadelphia's Roundup mass tort, arguing that the judge's erroneous evidentiary rulings caused him to lose the case.
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March 20, 2024
Future Of Judge-Shopping Reform Hazy After Rule Proposal
The policymaking body for U.S. courts provoked a stir last week when it proposed a rule designed to curb "judge shopping," with observers saying that the policy does address one type of the practice but that it remains to be seen if individual federal district courts will be willing to adopt even that limited reform.
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March 19, 2024
Leech Tishman Tells 6th Circ. Time Ran Out On Fraud Suit
A former Leech Tishman attorney was not party to a tolling agreement between his law firm and investors caught in a Ponzi scheme he allegedly should have warned them away from, so the firm should escape vicarious liability once the time limit expired for the investors to sue him, counsel for the firm told the Sixth Circuit Tuesday.
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March 19, 2024
States Converge On Texas' Challenge To EPA Methane Rule
A California-led coalition of Democratic attorneys general wants to defend new federal limits on oil and gas industry methane emissions challenged by Texas, Oklahoma and other conservative states, with supporters of the new rules claiming a sovereign interest in protecting their citizens from harmful greenhouse gas pollution.
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March 19, 2024
Nippon Steel Tries To Ease Worries Over $14.9B US Steel Deal
Nippon Steel Corp. pledged to move its North American headquarters to Pennsylvania in an attempt to assure the public that its proposed $14.9 billion acquisition of Pittsburgh-based U.S. Steel will ultimately be good for the domestic steel industry.
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March 19, 2024
J&J Says Former Exec Stole Thousands Of Files In Move To Pfizer
Johnson & Johnson has sued a former competitive strategy director in New Jersey federal court, claiming he illegally downloaded thousands of confidential files on his way out the door to work for direct competitor Pfizer.
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March 19, 2024
3rd Circ. Says CFPB Can Go After Student Loan Trusts
The Third Circuit ruled Tuesday that the Consumer Financial Protection Bureau can carry on with its debt collection practices suit against a group of Delaware student loan trusts, rejecting their claims that they are just passive financing entities outside the reach of the agency's enforcement authority.
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March 19, 2024
Justices Say Courts Can Review Immigration Hardship Denial
The U.S. Supreme Court on Tuesday revived a Trinidad and Tobago native's bid to cancel his removal based on the hardship it would cause his U.S. citizen son, ruling that circuit courts do have authority to review mixed questions of law and fact.
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March 18, 2024
Philly Nonprofit Execs Lived Large On Co. Money, Jury Told
Jurors should not believe arguments from two nonprofit executives who are former associates of City Councilman Kenyatta Johnson who said they simply made bookkeeping mistakes and didn't concoct an alleged scheme to spend company money on things like huge bonuses, lavish vacations and bribing a Milwaukee school official, federal prosecutors said Monday.
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March 18, 2024
SEC Fines Supervisor $47K Over Revenue Inflation Claims
A former finance director of water treatment company Evoqua Water Technologies Corp. will pay the U.S. Securities and Exchange Commission nearly $47,000 to resolve claims that he was part of a scheme to inflate the company's revenue by $36 million.
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March 18, 2024
4th Circ. Sends Opioid 'Nuisance' Question To W.Va. Top Court
The Fourth Circuit asked West Virginia's high court Monday to determine whether the state's public nuisance law can be used to target companies that shipped drugs to pharmacies in a community ravaged by addiction, a crucial question in litigation spawned by the opioid crisis.
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March 18, 2024
Canada Dry Gets Va. Wage Claim Trimmed From OT Suit In Pa.
A Pennsylvania federal judge agreed Monday to toss Virginia state wage claims from a Pennsylvania lawsuit accusing Canada Dry of miscalculating overtime wages for eligible workers, saying a 2022 amendment that set overtime pay limits dooms the state wage claims.
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March 18, 2024
Construction Co. Can't Dodge Fired Pa. Pot Patient's Bias Suit
A Pennsylvania federal judge has kept alive the crux of a former painter's suit alleging an industrial construction company illegally fired her after she tested positive for pot despite holding a medical marijuana card, finding her collective bargaining agreement doesn't bounce the claim from court.
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March 18, 2024
Pa. Firm Partner's Equity Suit Sent Back To State Court
A dispute between two firm partners is being remanded to Pennsylvania state court after a U.S. district judge ruled Friday that the case lacks the geographic diversity required to be in federal court because both attorneys remain members of the firm, despite one submitting notice of her intent to withdraw.
Expert Analysis
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Recalling USWNT's Legal PR Playbook Amid World Cup Bid
As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.
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Opinion
Justices' Job Transfer Review Should Hold To Title VII Text
The U.S. Supreme Court's upcoming decision in Muldrow v. City of St. Louis should hold that a job transfer can be an adverse employment action, and the analysis should be based on the straightforward language of Title VII rather than judicial activism, say Lynne Bernabei and Alan Kabat at Bernabei & Kabat.
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11th Circ. Ruling May Impede Insurers' Defense Cost Recoup
The Eleventh Circuit's recent Continental Casualty v. Winder Laboratories ruling that insurers cannot obtain reimbursement of defense costs from their insureds where the policy itself does not require such reimbursement is likely to be cited as persuasive authority in Georgia and other states without clear precedent on the issue, say Christy Maple and Robert Whitney at Phelps Dunbar.
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Immigration Program Pitfalls Exacerbate Physician Shortages
Eliminating shortcomings from U.S. immigration regulations and policies could help mitigate the national shortage of physicians by encouraging foreign physicians to work in medically underserved areas, but progress has been halted by partisan gridlock, say Alison Hitz and Dana Schwarz at Clark Hill.
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Perspectives
Mallory Gives Plaintiffs A Better Shot At Justice
Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.
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CRA Plays Role In DOJ Fight Against Redlining
The U.S. Department of Justice’s recent consent order with ESSA Bank & Trust is a reminder that although the Community Reinvestment Act lacks a civil enforcement provision, financial institutions' CRA compliance efforts may have ramifications under various anti-discrimination statutes, say Collin Grier and Levi Swank at Goodwin.
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And Now A Word From The Panel: 55 Years Of The JPML
As the Judicial Panel on Multidistrict Litigation marks its 55th birthday, Alan Rothman at Sidley looks back at its history and finds that, while some features of MDL jurisprudence have changed over the decades, the most remarkable aspect of the panel's practice has been its consistency.
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Why Justices' SuperValu Ruling Wasn't Quite A 'Seismic Shift'
Notwithstanding an early victory lap by the relators' bar, the U.S. Supreme Court’s decision in U.S. v. SuperValu Inc. was a win for both whistleblowers and sophisticated companies, but unfortunately left “subjective belief” to be interpreted by lower courts and future litigants, say attorneys at Baker Donelson.
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Courts Can Overturn Deficient State Regulations, Too
While suits challenging federal regulations have become commonplace, such cases against state agencies are virtually nonexistent, but many states have provisions that allow litigants to bring suit for regulations with inadequate cost-benefit analyses, says Reeve Bull at the Virginia Office of Regulatory Management.
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Micromobility Can Lead To Macro Liability For Cities, Cos.
E-bike and scooter manufacturers and rental operators, as well as the cities that host such services, must be aware of the major litigation risk associated with the growing number of serious accidents and injuries involving such micromobility devices — and should track emerging regulations in this area, says Arturo Aviles at Segal McCambridge.
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How Construction Industry Can Help Mitigate Wildfire Impact
The recent uptick of wildfires across North America has resulted in renewed calls for construction job site changes and increased management of sites in order to mitigate the risk of outbreaks and workers' exposure to hazardous air quality, say Josephine Bahn and Jeffery Mullen at Cozen O'Connor.
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Tales From The Trenches Of Remote Depositions
As practitioners continue to conduct depositions remotely in the post-pandemic world, these virtual environments are rife with opportunities for improper behavior such as witness coaching, scripted testimony and a general lack of civility — but there are methods to prevent and combat these behaviors, say Jennifer Gibbs and Bennett Moss at Zelle.
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Opinion
Mallory Opinion Implicitly Overturned NC Sales Tax Ruling
The U.S. Supreme Court recently declined to review Quad Graphics v. North Carolina Department of Revenue, but importantly kicked the legs from under Quad's outcome a week later, stating in its Mallory decision that the high court has the prerogative to overrule its own decisions, says Richard Pomp at the University of Connecticut.
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Employer Drug-Testing Policies Must Evolve With State Law
As multistate employers face ongoing challenges in drafting consistent marijuana testing policies due to the evolving patchwork of state laws, they should note some emerging patterns among local and state statutes to ensure compliance in different jurisdictions, say attorneys at Troutman Pepper.
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Level Up Lawyers' Business Development With Gamification
With employee engagement at a 10-year low in the U.S., there are several gamification techniques marketing and business development teams at law firms can use to make generating new clients and matters more appealing to lawyers, says Heather McCullough at Society 54.