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Pennsylvania

  • November 28, 2018

    ArcelorMittal’s $1.2M S. African Arbitral Award Upheld

    A Pennsylvania federal judge on Wednesday upheld a nearly 16.2 million South African Rand ($1.2 million) arbitral award in favor of steel company ArcelorMittal South Africa in a dispute over a South African desulfurization plant.

  • November 28, 2018

    Ex-AmQuip Worker Breached Loyalty Despite No Noncompete

    A Pennsylvania appeals court on Tuesday agreed that even in the absence of a formal noncompete agreement, an ex-AmQuip Crane Rental employee violated his common law duty of loyalty by urging customers to move their business to a competitor he later joined.

  • November 28, 2018

    Grassley Nixes Vote On Court Picks After Flake's Opposition

    Facing likely failed votes due to opposition from Sen. Jeff Flake, R-Ariz., Senate Judiciary Committee Chairman Chuck Grassley called off votes for Ninth, Sixth, Fourth and Third Circuit nominees and more than a dozen trial court judges planned for Thursday.

  • November 28, 2018

    Pa. Panel Says Judge Is Biased Against Public Defenders

    The Superior Court of Pennsylvania criticized a Pittsburgh judge Wednesday for allegedly giving out excessively harsh sentences to sex offenders, ignoring the appeals court’s previous orders and making “troubling” comments suggesting that she harbored a bias against the entire Allegheny County Public Defender’s Office.

  • November 28, 2018

    Ex-Pa. Solicitor Gets 8-Hour Jail Term In Pay-To-Play Scheme

    A former assistant solicitor for Allentown, Pennsylvania, was sentenced on Wednesday to serve eight hours in federal custody for helping the city’s ex-mayor, who is now serving 15 years for orchestrating a massive pay-to-play scheme, to rig a contract for tax collection services.

  • November 28, 2018

    Quick Demolition Of Building Blocking Pa. Railroad Ordered

    A Pennsylvania judge on Wednesday ordered the emergency demolition of a crumbling building that had closed a Wheeling & Lake Erie Railway Co. line in a same-day response to the railroad's lawsuit against the Pennsylvania Department of Transportation, the Allegheny County Health Department and the Pittsburgh suburb of Green Tree.

  • November 28, 2018

    3rd Circ. Revives Bias Suit Against Adult Entertainment Co.

    The Third Circuit has vacated a lower court order favoring an adult entertainment company in an employment discrimination suit brought by a former district manager who claims the business terminated her because she got married, ruling that a factual question remains over whether the employer was motivated by hostile and discriminatory sentiment when it fired her.

  • November 28, 2018

    Judge Cuts Trans Worker's Bias Suit Against Truck Body Co.

    A Pennsylvania federal judge has hit the brakes on a biracial and transgender former employee's discrimination suit against truck body manufacturer Supreme Mid-Atlantic Corp.

  • November 27, 2018

    Ethicon Cites Its Atty's Dying Dad In Pa. Mesh Mistrial Bid

    Johnson & Johnson unit Ethicon moved for a mistrial in Pennsylvania state court on Tuesday after the first day of a trial on defective pelvic mesh claims, saying the judge’s refusal to delay the case to allow the company's key attorney to be with his dying father “manifestly prejudiced Ethicon.”

  • November 27, 2018

    Pa. Ruling May Open Floodgates On Cybersecurity Suits

    A recent Pennsylvania Supreme Court ruling opening one of the state's largest private employers up to possible liability for a cyberattack that compromised personal data of tens of thousands of workers has attorneys warning of a potential flood of new privacy lawsuits from employees and consumers alike.

  • November 27, 2018

    Arconic Argues For Tossing Investor Suit Over Tower Fire

    Arconic Inc. argued Tuesday in a Pennsylvania federal court for the dismissal of a proposed investor class action lawsuit alleging the company knew composite panels it made and sold in Europe were not as fire-safe as promised, saying the investors can’t show company executives knew the panels were unsafe before they were implicated in London’s fatal Grenfell Tower fire.

  • November 27, 2018

    Pa. Rails Against Rules To Weaken ACA Birth Control Mandate

    Pennsylvania indicated Monday that it plans to continue challenging Trump administration rules that weaken the Affordable Care Act's birth control mandate, telling a district judge who blocked the rules last year that it will seek another injunction now that the federal government has published the regulations again.

  • November 27, 2018

    3rd Circ. Says Doc's TCPA Claims Against Sanofi Are Untimely

    A Third Circuit panel on Tuesday decided to back a federal district court’s ruling that a suit brought against Sanofi Pasteur Inc. and a subsidiary by an ophthalmologist and his company over unsolicited faxes was time-barred.

  • November 27, 2018

    Express Scripts Urges Toss Of Records Fee Suit

    Express Scripts Inc. on Monday sought to toss a proposed class action in Pennsylvania federal court over a $90 fee it charges attorneys and records companies for copies of patients’ pharmacy records, saying requesters agree to the fee upfront and therefore it isn't a breach of contract.

  • November 27, 2018

    3rd Circ. Nixes Civil Rights Claim In GWB Closures Case

    The Third Circuit on Tuesday issued a precedential decision upholding the bulk of a criminal case alleging two appointees of former New Jersey Gov. Chris Christie intentionally orchestrated a traffic jam as an act of political revenge, but freed them from the government's civil rights claim that they denied the public the right to travel freely across the George Washington Bridge.

  • November 26, 2018

    3rd Circ. Says Deportation Not Automatic For Child Abuse

    The Third Circuit on Monday ruled that a green card holder convicted of possessing child pornography under New Jersey law was eligible for cancellation of his deportation order, finding that the crime did not qualify as an “aggravated felony” requiring his removal.

  • November 26, 2018

    Convicted Ex-Pa. AG's Appeal Bid Snubbed By High Court

    The Pennsylvania Supreme Court said Monday it would not hear an appeal from the state's disgraced ex-attorney general challenging her conviction two years ago for leaking confidential investigative information to a reporter before lying about it to a grand jury.

  • November 26, 2018

    Atty Who Advised Co. To Deny Breaks Can Stay In ADA Suit

    An attorney defending a Pittsburgh-area company against allegations it violated the Americans with Disabilities Act by denying a worker extra breaks to deal with her anxiety can stay on the case despite being the one who advised the company to deny the accommodation, a Pennsylvania federal judge ruled Monday.

  • November 26, 2018

    Pa. Better For OT Suit Against Bargain Outlet, NJ Judge Says

    A New Jersey federal judge agreed on Monday that Pennsylvania was a more appropriate forum for retailer Ollie’s Bargain Outlet to face a putative collective action alleging that it misclassified workers in order to skirt its obligation under the Fair Labor Standards Act to pay overtime wages.

  • November 26, 2018

    Crystallex, Venezuela Ink Deal Over $1.2B Award

    Crystallex International Corp. has reached a deal with Venezuela and will temporarily halt efforts to enforce a $1.2 billion arbitration award issued after the financially troubled nation expropriated its mining investments, saying Monday that it's already pocketed $500 million in cash and liquid securities.

Expert Analysis

  • Opinion

    The Supreme Court Should Become Boring

    Alexander Klein

    In the aftermath of Justice Brett Kavanaugh's confirmation, the U.S. Supreme Court should decline review of the nation's most polarizing political questions unless and until the questions become time-sensitive, says Alexander Klein, head of the commercial litigation group at Barket Epstein Kearon Aldea & LoTurco LLP.

  • More Automation Means Less Busy Work For Legal Teams

    Rebecca Yoder

    Legal departments have been slow to adopt artificial intelligence and automation solutions for the sort of mundane tasks attorneys dread. But such tools can make legal teams more efficient and accurate, allowing members to focus on big-picture challenges and mission-critical strategies, says Rebecca Yoder of Docusign Inc.

  • Q&A

    Back To School: BC's Kent Greenfield Talks Corporate Law

    Kent Greenfield

    In this series featuring law school luminaries, Boston College Law School professor Kent Greenfield reflects on his corporate law theories, his legal battle with the Pentagon over free speech and gay rights, and important constitutional law issues to watch out for.

  • Kavanaugh Cannot Be Compelled To Recuse Himself

    Donald Scarinci

    Whether Justice Brett Kavanaugh’s prior statements may be grounds for disqualification when it comes to judging certain cases is debatable, but there are no specific recusal guidelines for the U.S. Supreme Court. The justices themselves don’t even agree on where to draw the line when it comes to perceived political bias, says Donald Scarinci, a founding partner of Scarinci Hollenbeck LLC.

  • Opinion

    Gov't Brief In Fosamax Makes Strong Case For Reversal

    Stephen McConnell

    After agreeing to review the Third Circuit's 2016 ruling in the Fosamax product liability litigation during the current term, the U.S. Supreme Court invited the federal government to file an amicus brief. A review of the compelling arguments laid out in the brief strongly suggests that this problematic decision will be reversed by the high court, says Stephen McConnell of Reed Smith LLP.

  • Knowledge Management: An Unsung Hero Of Legal Innovation

    Rob MacAdam

    As technology evolves, law firms are increasingly looking for ways to improve communication, transparency and service for their clients. Firms should put knowledge management at the core of their value proposition to create a competitive advantage, says Rob MacAdam at HighQ.

  • Why Janus Should Make Public Employers Think Twice

    Daniel Altchek

    In Palardy v. Township of Millburn, the Third Circuit recently held that public employee union membership and activity is protected under the First Amendment. However, it did not address how the U.S. Supreme Court's Janus ruling may have already signaled a resolution of the circuit split on this issue, says Daniel Altchek of Miles & Stockbridge PC.

  • Fighting ADA Website Suits, Without Federal Guidance

    Stephanie Sheridan

    Despite the large number of digital accessibility lawsuits — thousands in the last few years alone — brought under the Americans with Disabilities Act, there are still no bright-line rules that retailers can follow in order to avoid being targeted, say attorneys with Steptoe & Johnson LLP.

  • The Where, When And What Of DTSA Appeals: Part 2

    Gregory Lantier

    To predict the kinds of questions early Defend Trade Secrets Act appellate decisions may resolve, Gregory Lantier and Thomas Sprankling of WilmerHale consider how courts have interpreted other intellectual property statutes.

  • Opinion

    Skip The New 'Civility Courses' And Think Like A Lawyer

    Alex Dimitrief

    As we watch what passes for political discourse in our nation’s capital, it’s understandable that universities are launching programs on how to cope with ideological disputes. But our country needs fewer people who profess to be open-minded and more people who engage in and honor the conclusions of reasoned debates, says Alex Dimitrief of General Electric Co.