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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.
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March 18, 2024
Would-Be Pa. Candidate Can't Invalidate Signature Objections
A candidate seeking to get on the Democratic ballot for Pennsylvania's U.S. Senate race got an extension for filing his nomination petitions, so voters challenging the validity of his petition signatures also got an extension, a state appellate court has ruled in a now-precedential decision.
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March 15, 2024
DC Circ. Presses FERC On Justification For Pipeline Expansion
A D.C. Circuit panel on Friday questioned whether the Federal Energy Regulatory Commission had demonstrated that a Northeast pipeline expansion project was necessary to ensure that the region would have enough natural gas during extremely cold weather.
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March 15, 2024
Jury Awards GeigTech $34.6M In Roller Shade Patent Trial
A New York federal jury has found that home lighting fixtures company Lutron owes GeigTech $34.6 million for infringing its patent on window shade brackets, while also finding that the infringement was willful.
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March 15, 2024
Pittsburgh NLRB Office Approves Security Co.'s ULP Deal
A security company will pay more than $286,000 to workers to settle an unfair labor practice charge, the National Labor Relations Board announced Friday, with the NLRB general counsel winning a lost bargaining opportunity remedy.
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March 15, 2024
Pa. Court Can Hear NY Borrowers' Class Action Against Bank
The Pennsylvania Superior Court has ruled in a precedential opinion that a Philadelphia court can preside over class claims brought by borrowers from New York as well as Pennsylvania, claiming Five Star Bank violated both states' uniform commercial codes by repossessing their vehicles.
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March 15, 2024
Pa. University Knocks Out Surgeon's $15M Sex Bias Win
A Pennsylvania federal judge has erased a $15 million verdict won by a surgeon who said Thomas Jefferson University ignored his claims that a female resident sexually assaulted him, ruling that text messages he sent warranted a new trial.
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March 15, 2024
Ex-Philly AFSCME Council Prez Wants Election Bar Reversed
A former American Federation of State, County and Municipal Employees leader who faced charges that he skirted hiring rules wants a Pennsylvania federal court to find that a hearing officer overstepped his authority when he removed him from office and banned him from running for reelection last month.
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March 15, 2024
White House Stands By 3rd Circ. Nominee Amid GOP Attacks
White House Press Secretary Karine Jean-Pierre on Friday urged the Senate to confirm Third Circuit nominee Adeel Mangi, who would be the first Muslim federal appellate judge, amid widespread criticism from Republicans and a report that the votes might not be there to secure confirmation.
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March 14, 2024
Foul-Language Row Met With Fowl Metaphors In Court Showdown
An attorney for Welch Foods hatched a flock of duck-related metaphors Thursday during an oral argument over whether a male ex-worker's vulgar comments to a female coworker amounted to sexual harassment, and if an arbitrator had been wrong to reinstate the ex-worker despite the facts before her.
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March 14, 2024
Verizon Sues Pa. Town Over Cell Tower Permit Denial
Verizon Wirless is suing a small Pennsylvania borough for rejecting its application to install a 105-foot monopole and equipment compound near the town's center, saying the denial will inhibit Verizon from closing a wireless coverage gap and violates the Communications Act of 1934.
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March 14, 2024
Publisher Must Face Privacy Claims Over Meta Pixel Tool
An Ohio federal judge has ruled that the publisher of The Toledo Blade and the Pittsburgh Post-Gazette can't duck a proposed privacy class action alleging that the newspapers shared the video-viewing history of their website users with Facebook's parent company, Meta Platforms Inc., without their permission.
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March 14, 2024
Most States Fall Short In Disclosing Justices' Finance Reports
The vast majority of state supreme courts make it exceedingly difficult for the public to get information about justices' financial entanglements, and the information they do give out is often scant at best, according to a report released Thursday.
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March 14, 2024
Health Co. Says Future Harm Risk Falls Short In Breach Suit
New Jersey healthcare provider Capital Health System urged a Garden State federal judge on Wednesday to toss a proposed class action seeking damages as a result of a 2023 data breach, arguing that the plaintiffs failed to allege their personal identifying information was actually misused.
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March 14, 2024
In 3rd Win, Sig Sauer Beats ICE Agent's Defective-Gun Suit
Sig Sauer has defeated a third product liability lawsuit from a user who claimed its P320 pistol spontaneously discharged, injuring him without the trigger being touched, convincing another federal judge that the plaintiff's expert witness testimony should be disqualified.
Expert Analysis
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4 Business-Building Strategies For Introvert Attorneys
Excerpt from Practical Guidance
Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.
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Opinion
3 Ways Justices' Disclosure Defenses Miss The Ethical Point
The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.
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What Courts' Deference Preference Can Mean For Sentencing
The Fifth Circuit’s recent U.S. v. Vargas decision deepens the split among federal appeals courts on the level of deference afforded to commentary in the U.S. sentencing guidelines — an issue that has major real-life ramifications for defendants, and is likely bound for the U.S. Supreme Court, say Jennifer Freel and Michael Murtha at Jackson Walker.
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Caregiver Flexibility Is Crucial For Atty Engagement, Retention
As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.
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What To Watch As Justices Take Up Title VII Job Transfer Case
With its recent decision to hear Muldrow v. City of St. Louis, the U.S. Supreme Court has agreed to decide whether an involuntary job transfer can count as employment discrimination under Title VII — an eventual ruling that has potential to reshape workplace bias claims nationwide, says Adam Grogan at Bell Law Group.
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How Judicial Privilege Shields Attys Facing Wiretap Violations
A recent ruling from the Commonwealth Court of Pennsylvania, as well as past rulings across the country, indicates that the judicial privilege is applicable to alleged violations of wiretapping laws, so attorneys presented with audio evidence beneficial to their case should not fear being sued, says David Scott at Kang Haggerty.
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Nursing Homes Must Prepare For Ownership Scrutiny
Due to the Centers for Medicare & Medicaid Services' designation of nursing home ownership changes as a high risk category, and increased transparency and notice obligations for changes in skilled nursing facility ownership set to take effect in Pennsylvania in October, owners should anticipate a heightened level of review and delays, say Mark Mattioli and Paula Sanders at Post & Schell.
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In-Office Engagement Is Essential To Associate Development
As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.
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Pointers For Tackling Antitrust Class Action Set-Aside Orders
As federal district courts have increasingly been willing to enter set-aside orders for the benefit of class counsel, varying rulings have made the propriety of such orders in antitrust class actions a thorny issue — so attorneys should time their filings strategically and explore opportunities for cost-sharing, say William Reiss and Laura Song at Robins Kaplan.
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Perspectives
A Judge's Pitch To Revive The Jury Trial
Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.
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Rebuttal
Mallory Ruling Doesn't Undermine NC Sales Tax Holding
Contrary to the conclusion reached in a recent Law360 guest article, the U.S. Supreme Court’s recent Mallory ruling shouldn't be read as implicitly repudiating the North Carolina Supreme Court’s sales tax ruling in Quad Graphics v. North Carolina Department of Revenue — the U.S. Supreme Court could have rejected Quad by directly overturning it, says Jonathan Entin at Case Western Reserve.
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How To Recognize And Recover From Lawyer Loneliness
Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.
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Opinion
Litigation Funding Disclosure Should Be Mandatory
Despite the Appellate Rules Committee's recent deferral of the issue of requiring third-party litigation funding disclosure, such a mandate is necessary to ensure the even-handed administration of justice across all cases, says David Levitt at Hinshaw.
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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.