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Pennsylvania
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August 15, 2024
Pennsylvania, Agencies Sued Over Child's Death
The half-sisters of a 12-year-old Pennsylvania girl who was allegedly tortured and starved to death by her father and stepmother have filed a lawsuit saying there was "atrocious and reprehensible disregard" shown by those responsible for protecting her.
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August 15, 2024
NLRB Seeks Injunction Against Pittsburgh Paper Amid Strike
National Labor Relations Board prosecutors are pursuing an injunction against the Pittsburgh Post-Gazette in federal court, saying the newspaper's bad faith bargaining and refusal to maintain workers' healthcare during a nearly two-year-long strike warrants an order compelling the newspaper to bargain with its four unions.
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August 15, 2024
No Dismissal Yet In Dispute Over Education Law Firm TM
A Philadelphia-based education law firm's suit seeking to cancel registration for its competitor's trademark "The Education Lawyers" must continue because open questions remain, a Pennsylvania federal judge said.
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August 15, 2024
Pa. Atty And Wife Apologize To Lawyer For Theft Allegations
A Pennsylvania attorney and his wife have apologized for accusing another attorney of stealing money from a business venture, saying in a court settlement record that they have no evidence that the lawyer committed the theft and that they retract their earlier statements.
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August 15, 2024
Norfolk Southern Engineer Asks 3rd Circ. To Revive ADA Suit
A train conductor urged the Third Circuit to reinstate his disability bias suit claiming he was unlawfully disqualified from his position because of his history of seizures, saying Norfolk Southern Railway Co. and a lower court ignored evidence that he could safely perform his job.
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August 14, 2024
3rd Circ. May Nix $10M Venezuela Award Transfer Suit
The Third Circuit appeared poised to decline jurisdiction over appeals challenging a Delaware judge's decision to send litigation enforcing some $10 million in arbitral awards against a subsidiary of Venezuela's state-owned oil company to federal court in Washington, D.C.
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August 14, 2024
Disbarred Atty Admits To Tax Evasion Over Mass Tort Fees
A disbarred attorney pled guilty to a single count of tax evasion Wednesday in Pennsylvania federal court stemming from allegations he didn't pay taxes on more than $100 million in legal fees he earned from representing 4,300 plaintiffs in a mass tort case, according to the U.S. Attorney's Office for the Middle District of Pennsylvania.
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August 14, 2024
Harley-Davidson Liable For $287M In 'Trike' Crash Verdict
A New York state jury on Tuesday awarded $287 million in damages to a man and his late girlfriend's estate in a suit alleging a defective Harley-Davidson "trike" motorcycle caused a deadly crash in Pennsylvania, with punitive damages making up the bulk of the award.
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August 14, 2024
MLB Players Inc. Slams Pirates, Store Chain Over NIL Use
The Pittsburgh Pirates and a local convenience store chain are exploiting the names, images and likenesses of team players in marketing materials, according to a Pennsylvania federal lawsuit filed Wednesday by MLB Players Inc.
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August 14, 2024
Philly Art School Hit With Students' Suit Over Abrupt Closure
Two former students at the University of the Arts claimed the school's sudden shutdown in June was without proper heads-up or guidance, according to a potential class action in Pennsylvania federal court.
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August 14, 2024
Fraternity Says Lehigh Univ. Hazing Suit Lacks Conn. Ties
The national parent organization for a fraternity accused of hazing a Connecticut man when he joined a chapter in Pennsylvania says a Connecticut federal court should throw out the suit or transfer it to Pennsylvania.
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August 14, 2024
Suit Claims Giant Uses Banned, Toxic Oil In Orange Soda
A proposed class of soda drinkers is suing The Giant Co. LLC in Pennsylvania federal court, alleging that it makes and sells orange soda made with a kind of vegetable oil that federal regulators banned for its negative effects on the thyroid gland.
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August 14, 2024
Zantac Judge Won't Step Aside Over Wife's Reed Smith Role
A Pennsylvania state judge overseeing the Zantac mass tort litigation against GlaxoSmithKline denied a motion to recuse himself Wednesday after expressing skepticism about the plaintiffs' contention that he could be unconsciously partial because his wife works for a firm defending the drugmaker in other jurisdictions.
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August 14, 2024
Israel Boycott Bid On Pittsburgh Ballot Draws Challenges
A proposed ballot question calling for the city of Pittsburgh to boycott any work with or tax credits for entities that do business with or in Israel during its war in Gaza would be invalid because it violates state and federal laws, according to petitions filed in Pennsylvania state court by a Jewish organization, local clergy and the city controller.
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August 14, 2024
Insurer Wants Out From Defense Of Philly Sports Radio Host
State Farm asked a New Jersey federal court Wednesday to find it doesn't have to cover or defend Philadelphia sports talk radio host Anthony Gargano in litigation stemming from a 2022 motor vehicle accident, arguing the car he was driving is not covered by his insurance policy.
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August 13, 2024
SEC Drops Insider Trading Suit Against Ex-Mylan Exec
The U.S. Securities and Exchange Commission on Tuesday dismissed a Pennsylvania federal suit accusing the former chief information officer of Mylan NV of insider trading due to what his attorneys describe as compelling evidence showing his innocence, seven months after the Department of Justice dropped a parallel criminal case.
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August 13, 2024
TMX Affiliate Sues Pa. Regulator To Block Potential $52M Fine
A Texas and Georgia-based affiliate of consumer lending company TMX Finance has sued the secretary of the Pennsylvania Department of Banking and Securities, challenging an order from the department that the company says seeks over $52 million in civil penalties over claims tied to loan agreements that allegedly carry interest rates as high as 720%.
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August 13, 2024
3rd Circ. Nixes Debt Collection Suit, Leaves Award In Question
The Third Circuit ruled Tuesday that a plaintiff fighting an arbitration loss in a proposed debt-collection class action never had standing to sue, but the appellate panel left it for an arbiter or state court to decide whether to erase the actual award in favor of the debt collector.
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August 13, 2024
Mother Can't Revive Suit Against GE For Child's Brain Damage
A Pennsylvania appeals panel won't reinstate a mother's suit against General Electric Co. and subsidiary Datex-Ohmeda Inc. alleging that a faulty anesthesia machine caused her child permanent brain damage, finding the trial court rightly found that the state doesn't have jurisdiction over the claims.
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August 13, 2024
Spinal Implant Patents Verdict Must Stand, Pa. Judge Says
A Pennsylvania federal judge declined to order a new trial Tuesday in a patent infringement suit brought against medical device maker Globus Medical Inc., ruling that the jury verdict in the company's favor had sufficient evidentiary support and that the jurors did not seem confused by the law at issue.
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August 13, 2024
Riders Renew Bid To Sue Segway Over Pa. Scooter Injuries
Two riders who were injured and the estate of a rider who was killed while using the now-defunct Spin electric scooter service in Pittsburgh have renewed their request to split their lawsuit against the city and Spin's bankrupt parent company so they can move ahead with claims against scooter maker Segway and the service's nonprofit partners.
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August 13, 2024
22 AGs Urge 2nd Circ. To Keep Limits On Interstate Gun Sales
The attorneys general for 21 states and the District of Columbia urged the Second Circuit to uphold a federal law limiting interstate gun sales to licensed dealers, arguing in a brief Monday that the law lets individual states regulate dealers and prevent black-market imports.
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August 13, 2024
Spector Gadon's $200K Fee Pursuit Against Client Paused
Philadelphia-based Spector Gadon Rosen Vinci PC has to pause its pursuit of more than $200,000 in fees from a client it represented in Chapter 7 bankruptcy proceedings, while the debtor appeals a ruling that the firm has a right to a jury trial on the matter.
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August 12, 2024
Accused Accounting Prof Is No Tax Expert, NJ Jury Told
New Jersey federal jurors were urged Monday to keep one word at the front of their minds as they listen to the government present its case against an accounting professor accused of failing to report $3.3 million in income from a pharmacy he co-owned with his wife: willful.
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August 12, 2024
Deutsche Bank Fights Del. TRO Lift In $380M Vik Asset Fight
Deutsche Bank AG urged Delaware's Court of Chancery Monday to keep in place a temporary restraining order barring interests of Norwegian billionaire investor Alexander Vik from securing release of more than $50 million in cash now locked down by a Chancery order.
Expert Analysis
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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2 Emerging Defenses For Website Tracking Class Actions
Putative class actions premised on state wiretapping statutes that bar website activity tracking continue to be on the rise, but they are increasingly being dismissed on two procedural grounds, says Sheri Pan at ZwillGen.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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Justices Stay The Course In Maritime Choice-Of-Law Ruling
The U.S. Supreme Court's narrowly drawn decision in Great Lakes Insurance v. Raiders Retreat Realty, enforcing the underlying insurance contract's choice-of-law provision, carefully distinguishes those provisions from forum selection clauses, and ensures that courts will not apply its precepts outside the maritime context, says John Coyle at the University of North Carolina.
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5 Lessons For SaaS Companies After Blackbaud Data Breach
Looking at the enforcement actions that software-as-a-service provider Blackbaud resolved with state attorneys general, the U.S. Securities and Exchange Commission and the Federal Trade Commission in the past year can help SaaS companies manage these increasingly common forms of data breaches, say attorneys at Orrick.
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A Refresher On Witness Testimony In 3 Key Settings
The recent controversy over congressional testimony from university presidents about antisemitism on campus serves as a reminder to attorneys about what to emphasize and avoid when preparing witnesses to testify before Congress, and how this venue differs from grand jury and trial proceedings, say Jack Sharman and Tyler Yarbrough at Lightfoot Franklin.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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Preparing For DOJ's Data Analytics Push In FCPA Cases
After the U.S. Department of Justice’s recent announcement that it will leverage data analytics in Foreign Corrupt Practice Act investigations and prosecutions, companies will need to develop a compliance strategy that likewise implements data analytics to get ahead of enforcement risks, say attorneys at Cozen O'Connor.
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2nd Circ. Ruling Will Guide Social Media Account Ownership
The Second Circuit’s recent decision in JLM Couture v. Gutman — which held that ownership of social media accounts must be resolved using traditional property law analysis — will guide employers and employees alike in future cases, and underscores the importance of express agreements in establishing ownership of social media accounts, says Joshua Glasgow at Phillips Lytle.
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3 Principles For Minimizing The Risk Of A Nuclear Verdict
In one of the latest examples of so-called nuclear verdicts, a single plaintiff was awarded $2.25 billion in a jury trial against Monsanto — revealing the need for defense attorneys to prioritize trust, connection and simplicity when communicating with modern juries, say Jenny Hergenrother and Mia Falzarano at Alston & Bird.
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Series
Coaching High School Wrestling Makes Me A Better Lawyer
Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.