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Pennsylvania
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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.
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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.
Expert Analysis
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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.
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Lawyer Discernment Is Critical In The World Of AI
In light of growing practical concerns about risks and challenges posed by artificial intelligence, lawyers' experience with the skill of discernment will position them to help address new ethical and moral dilemmas and ensure that AI is developed and deployed in a way that benefits society as a whole, says Jennifer Gibbs at Zelle.
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5 Tips For Filing Gov't Notices After Insurance Producer M&A
As insurance producer acquisition activity picks up in 2023, requiring a daunting process of notifying information changes to each Department of Insurance where the entity is licensed, certain best practices will help buyers alleviate frustration and avoid administrative actions and fines, say attorneys at Foley & Lardner.
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Opinion
It's Time For Lawyers To Stand Up For Climate Justice
The anniversary this week of the Deepwater Horizon disaster offers an opportunity for attorneys to embrace the practice of just transition lawyering — leveraging our skills to support communities on the front lines of climate change and environmental catastrophe as they pursue rebuilding and transformation, says Amy Laura Cahn at Taproot Earth.
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Don't Forget Alumni Engagement When Merging Law Firms
Neglecting law firm alumni programs after a merger can sever the deep connections attorneys have with their former firms, but by combining good data management and creating new opportunities to reconnect, firms can make every member in their expanded network of colleagues feel valued, say Clare Roath and Erin Warner at Troutman Pepper.
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A Close Look At Pennsylvania's Data Breach Law Changes
New amendments to Pennsylvania's Breach of Personal Information Notification Act will hold state agencies to stricter notification requirements more in line with those in other states, and will allow entities to determine a breach has occurred before their notification obligations take effect, says Lauren Godfrey at Constangy.
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Without Stronger Due Diligence, Attys Risk AML Regulation
Amid increasing pressure to mitigate money laundering and terrorism financing risks in gatekeeper professions, the legal industry will need to clarify and strengthen existing client due diligence measures — or risk the federal regulation attorneys have long sought to avoid, says Jeremy Glicksman at the Nassau County District Attorney’s Office.
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Cannabis Labor Peace Laws Lay Fertile Ground For Unions
State legislatures are increasingly passing cannabis laws that encourage or even mandate labor peace agreements as a condition for licensure, and though open questions remain about the constitutionality of such statutes, unionization efforts are unlikely to slow down, says Peter Murphy at Saul Ewing.
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Every Lawyer Can Act To Prevent Peer Suicide
Members of the legal industry can help prevent suicide among their colleagues, and better protect their own mental health, by learning the predictors and symptoms of depression among attorneys and knowing when and how to get practical aid to peers in crisis, says Joan Bibelhausen at Minnesota Lawyers Concerned for Lawyers.
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Building On Successful Judicial Assignment Reform In Texas
Prompt action by the Judicial Conference could curtail judge shopping and improve the efficiency and procedural fairness of the federal courts by implementing random districtwide assignment of cases, which has recently proven successful in Texas patent litigation, says Dabney Carr at Troutman Pepper.