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Pennsylvania
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September 23, 2025
No Early Out For NY Firm In Insurer's Malpractice Coverage Suit
A New York-based law firm cannot throw out an insurance company's lawsuit seeking to be let off the hook from covering the firm against a malpractice claim, a Philadelphia federal judge has found, determining that factual questions in the case meant early dismissal was not an option.
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September 23, 2025
Atty-Trustee Conflicts Doom Scaife Estate's $26M Tax Refund
A Strassburger McKenna Gutnick & Gefsky attorney was also acting as Mellon heir Richard Scaife's lawyer, trustee and media executive when he signed releases that kept Scaife's spending of his inheritance secret from his children, so a resulting $200 million settlement between the children and Scaife's estate was not a bona fide tax-exempt expense, a Pennsylvania appeals court ruled Tuesday.
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September 23, 2025
Westlaw Notes Uncopyrightable, AI Company Tells 3rd Circ.
An artificial intelligence-powered legal search engine has asked the Third Circuit to reverse a district court's decision that its use of Westlaw headnotes did not constitute fair use, arguing its utilization of them "radically promoted scientific progress" and increased access to justice.
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September 23, 2025
Pa. Road Worker Says Unsafe Equipment Cost Him His Arm
A Pennsylvania road worker is suing an equipment supplier and a manufacturer in state court, alleging he lost his arm because of the equipment's unsafe design, as it lacked safeguards that would've stopped him from getting caught in the machinery.
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September 23, 2025
Pa. Health Network To Pay $1.15M In 401(k) Forfeiture Suit
A Pennsylvania health system agreed to pay workers $1.15 million to resolve a federal suit alleging it unlawfully used forfeited retirement plan funds to satisfy its contribution obligations and allowed workers to be overcharged for plan administrative fees.
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September 22, 2025
$100K H-1B Fee Will Likely Hurt Both US And Foreign Workers
The new $100,000 fee for H-1B visas, which took effect on Sunday with little advance notice, blindsided immigration attorneys who told Law360 that it could ultimately hurt domestic workers by driving U.S. companies to do business elsewhere.
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September 22, 2025
Judge Blocks New Claims In BNY Mellon Self-Dealing Suit
A pair of investors with the Bank of New York Mellon can't use an amended complaint to raise a relatively new theory of liability against the bank nearly five years after filing their original suit, a Pennsylvania federal judge ruled Monday.
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September 22, 2025
Parents Want Roblox Grooming Suits Consolidated In Calif.
Parents who claim their children were groomed and exploited by sexual predators on Roblox's popular gaming platform say their cases should be consolidated and sent to the Northern District of California since their cases are almost identical, according to a recent petition.
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September 22, 2025
J&J Ruling Misapplied Goldman Precedent, 3rd Circ. Told
The U.S. Chamber of Commerce and other business organizations are supporting Johnson & Johnson's call for the full Third Circuit to reconsider a ruling that the groups argue could "saddle" companies with investor class-action suits through the misapplication of a recent U.S. Supreme Court ruling.
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September 22, 2025
Split Pa. Panel Clarifies Limits Of Vehicle Search Consent
A split Pennsylvania Superior Court panel held in a precedential ruling that a defendant asking a police officer to search his vehicle for his phone and keys does not give law enforcement permission to rummage through bags and other items in the car.
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September 22, 2025
3rd Circ. Slams Attys For Debt Disputes Designed To Fail
Pittsburgh law firm J.P. Ward & Associates sent rambling, handwritten debt dispute letters in its clients' names that were intended to fail so the attorneys could sue collectors for not recognizing the dispute, a Third Circuit panel said Monday in upholding sanctions against the firm in a pair of lawsuits.
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September 22, 2025
Pa. Court Backs Toss Of Malpractice Suit Against NY Atty
A Pennsylvania appellate court won't revive a paint removal chemical company's malpractice suit against an intellectual property attorney it had hired to review one of its products, saying there weren't enough ties to the commonwealth for the case to proceed there.
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September 19, 2025
Trump Tags H-1B Visa Apps With $100,000 Fee
President Donald Trump on Friday signed an executive order to impose a $100,000 fee for H-1B visas, framing it as a "restriction on entry" necessary to stem the entry of high-skilled foreign workers, particularly in science and technology fields.
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September 19, 2025
Real Estate Recap: Rate Cut, REIT Rules, Construction Debt
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including reactions to the Fed's interest rate cut, new guidance for states reviewing securities issued by public nonlisted real estate investment trusts, and a look at the banks with the most construction debt.
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September 19, 2025
Pa. Court Upholds 'Geofencing' Warrant In Assault Case
A Pennsylvania appeals court has ruled randomized phone data obtained through a search warrant served on Google was lawfully used to help convict a suspect and that the procurement of such data does not constitute an unconstitutional search.
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September 19, 2025
3rd Circ. Nixes Sentence's Reliance On 'Relevant Conduct'
The window for weighing a criminal defendant's past convictions starts with the offense for which that defendant is being sentenced, even if there was "relevant conduct" earlier, a Third Circuit panel ruled Friday.
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September 19, 2025
McCarter & English Expands In Philly With Ex-Federal Atty
A former assistant U.S. attorney has recently left the public sector and returned to private practice as a litigator with McCarter & English LLP's Philadelphia office.
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September 19, 2025
Union's $3.5M OT Pension Suit Win Overturned At 3rd Circ.
The Third Circuit overturned Friday a pipe fitters and plumbers union local's $3.5 million win in a dispute with a commercial real estate company over pension contributions related to overtime hours, holding that the parties' collective bargaining agreements didn't obligate the employer to pay additional benefits.
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September 19, 2025
Law Firm Seeks To Ax Suit From Ex-OneTaste Staffer
Kohn Swift & Graf PC is urging a Pennsylvania federal court to toss a former client's legal malpractice suit alleging the firm was negligent when it represented her in connection with a federal subpoena related to an investigation into sexual wellness company OneTaste, saying her negligence claims are "exceptionally vague."
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September 19, 2025
Philly Pizzeria Owner Says Coup-Minded Partner Stole Dough
The co-owner of a South Philadelphia pizzeria took dough from the joint enterprise's bank account and made plans to slice his partner out of the venture, according to a Pennsylvania state court complaint.
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September 19, 2025
K&L Gates Consolidates Beijing Office Into Shanghai Hub
K&L Gates LLP is closing its Beijing office and consolidating it into its Shanghai office, a firm spokesperson has confirmed.
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September 18, 2025
Amazon Must Face Buyers' Antitrust Suit Over Pricing Policy
A Manhattan federal judge on Thursday allowed consumers' lawsuit targeting a policy Amazon had in place until March 2019 that restricted sellers from offering cheaper prices elsewhere to proceed under antitrust and consumer protection laws in 25 states, but tossed claims brought under Kansas, Mississippi, Missouri and Tennessee laws.
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September 18, 2025
DC Circ. Judge Says PJM Monitor May Have 'Hint Of Paranoia'
The D.C. Circuit didn't seem so sure Thursday morning that the Federal Energy Regulatory Commission was flouting the rules by denying an independent market monitor access to its liaison committee meetings, with one judge saying the monitor seemed to be exhibiting a "hint of paranoia."
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September 18, 2025
Army Challenges Tribe's Claims In Burial Dispute At 4th Circ.
The U.S. Army told the Fourth Circuit this week that a tribe seeking the repatriation of remains from a former Pennsylvania Native American boarding school was wrong to claim that it couldn't find living relatives of the entombed children, citing a news article pointing to the existence of those relatives.
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September 18, 2025
3rd Circ. Redefines Restitution In Gun Store Robbery Case
The Third Circuit on Thursday issued new rules on how restitution should be calculated in criminal cases, finding that property from a gun store cannot be counted as both lost income and stolen property.
Expert Analysis
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.
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Move Beyond Surface-Level Edits To Master Legal Writing
Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.
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3 Rulings May Reveal Next Frontier Of Gov't Contract Cases
Several U.S. Supreme Court decisions over the past year — involving wire fraud, gratuities and obstruction — offer wide-ranging and arguably conflicting takeaways for government contractors that are especially relevant given the Trump administration’s focus on diversity, equity and inclusion initiatives, say attorneys at Rogers Joseph.
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9th Circ. Has Muddied Waters Of Article III Pleading Standard
District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.
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Series
Competing In Modern Pentathlon Makes Me A Better Lawyer
Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.
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Policy Shifts May Follow Burst Of Defense Cyber Settlements
Recent False Claims Act settlements with defense contractors MORSECORP and Nightwing suggest that cybersecurity standards for government contractors remain a key enforcement priority, but these may represent a final flurry of activity before the Trump administration transitions to different policy goals, say attorneys at Alston & Bird.
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Series
Law School's Missed Lessons: Teaching Yourself Legal Tech
New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
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When Legal Advocacy Crosses The Line Into Incivility
As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.
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Philly Law Initiates New Era Of Worker Protections
A new worker protection law in Philadelphia includes, among other measures, a private right of action and recordkeeping requirements that may amount to a lower evidentiary standard, introducing a new level of accountability and additional noncompliance risks for employers, say attorneys at Morgan Lewis.
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.
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Series
Law School's Missed Lessons: Appreciating Civil Procedure
If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.
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Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use
The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.