Pennsylvania

  • April 08, 2024

    Hotel Co. Comes Out On Top In Passover Fiasco Row 

    A bench trial over a "Passover celebration gone wrong" at a Pennsylvania hotel ended Friday largely in favor of the hotel operator, with $1,447.60 in contract damages for the caterer plaintiff offset by a $5,164.28 judgment in the hotel's favor for damages allegedly caused by guests who created plumbing issues.

  • April 08, 2024

    Taxi Hailing Cos. Settle Hidden Fees RICO Claims

    Three taxi hailing companies have settled a proposed class action accusing them of conspiring to hit users who call for cabs using their tech products with hidden fees, according to a new order from the Eastern District of Pennsylvania dismissing the suit.

  • April 05, 2024

    Target, Major Employers Raise New Drug Price-Fixing Claims

    Target Corp., Lowe's Cos. Inc. and American Airlines Inc. are among major employers that lodged new price-fixing claims in Pennsylvania federal court against dozens of pharmaceutical companies, accusing them of orchestrating illegal agreements to allocate customers and markets and fix the prices of hundreds of generic drugs for more than a decade.

  • April 05, 2024

    PNC Must Face Customer's Suit, Judge Says After Fixing Error

    A federal judge in Philadelphia reissued an opinion Friday requiring PNC Bank NA to face a customer's breach of contract suit after an earlier decision mischaracterized parties involved in an alleged check-forging scheme as PNC employees.

  • April 05, 2024

    DC Circ. Says Gov't Changing Its Defense In Chinese Visa Row

    A D.C. Circuit judge said Friday the federal government seemed to be changing its tune late in its defense of a district court judge's dismissal of a suit filed by three Chinese investors who'd tried to move ahead in the queue for EB-5 visas reserved for investors in infrastructure projects.

  • April 05, 2024

    Gunmakers Denied Stay In Mexico Lawsuit

    Gunmakers hoping to get the U.S. Supreme Court to take up their effort to end a lawsuit by the Mexican government seeking to hold them liable for arming drug cartels can't make an end run around the First Circuit to pause the case while they wait, a Massachusetts district judge said on Friday.

  • April 05, 2024

    Families Fight To Keep Military Chopper Crash Suit In US

    The families of six Canadian military personnel killed in a helicopter crash off the coast of Greece are urging a Pennsylvania federal judge to keep their liability claims against the aircraft's maker in the United States, arguing that the company's bid to transfer the case to Canada is a stalling tactic.

  • April 05, 2024

    Pa. Supreme Court Snapshot: COVID Coverage Starts Spring

    The Pennsylvania Supreme Court's April lineup will prepare the justices to deliver highly anticipated guidance on whether business losses stemming COVID-19 pandemic orders should be covered by insurance and if Pittsburgh can compel rental-property owners to register and undergo training.

  • April 05, 2024

    School District Seeks To Knock Out Teachers' Equal Pay Suit

    A school district asked a Pennsylvania federal judge Friday to toss or at least decertify a collective action alleging it paid male teachers more than women who had similar experience, arguing that the workers couldn't show they had enough in common to justify a group action.

  • April 05, 2024

    Surgeon Denied Atty Fees After Erasure of $15M Sex Bias Win

    A Pennsylvania federal judge has denied attorney fees after undoing a $15 million verdict won by a surgeon who alleged that Thomas Jefferson University exhibited anti-male bias in investigating a medical resident's sexual assault claims against him, ruling a new trial was necessary.

  • April 05, 2024

    Reger Rizzo Hit With Race, Gender Bias Suit By Ex-Employee

    Reger Rizzo & Darnall LLP has been sued in Pennsylvania federal court by a former firm legal assistant alleging racial and sex discrimination, and claiming that a hostile, harassing and retaliatory work environment caused her to leave her job.

  • April 05, 2024

    Fox Rothschild Adds Pietragallo Gordon Litigator In Philly

    An experienced trial attorney in Philadelphia has jumped to Fox Rothschild from Pietragallo Gordon Alfano Bosick & Raspanti LLP.

  • April 05, 2024

    Judicial Nominees On Schumer's Post-Recess To-Do List

    Senate Majority Leader Chuck Schumer, D-N.Y., laid out on Friday a busy agenda for when Congress returns next week, which includes confirming the president's judicial nominees.

  • April 04, 2024

    DOL Says Defunct Mushroom Farm Deserted Retirement Plan

    A defunct mushroom farm and its owner broke federal benefits law when they abandoned an employee retirement plan and prevented approximately 70 people from accessing their accounts, the U.S. Department of Labor alleged in Pennsylvania federal court Thursday.

  • April 04, 2024

    FCC Refuses To Restore Pa. Felon's FM Radio License

    The Federal Communications Commission has denied a Pennsylvania man's request to restore his radio license after he pled guilty to using a hidden camera to take and send nude photos of a woman.

  • April 04, 2024

    Caterpillar 'Talking Out Both Sides,' Judge Says

    A Delaware federal judge chastised Caterpillar Inc. ahead of trial in a series of orders mostly siding with claims from a defunct construction equipment supplier accusing the company of pressuring an online auctioneer to break an important contract with the would-be competitor.

  • April 04, 2024

    John Eastman Says Inactive Status Hampers Livelihood

    Former Donald Trump attorney John Eastman asked the State Bar Court of California on Wednesday to delay placing him on inactive enrollment while he appeals the recommendation for his disbarment, saying he can't sustain the loss of his livelihood representing clients like Matt Gaetz and Marjorie Taylor Greene.

  • April 04, 2024

    Domino's Franchise Shorted Mileage, Pa. Delivery Driver Says

    The owners of a group of Domino's Pizza franchises have been hit with a putative collective action in Pennsylvania federal court from an ex-delivery driver claiming drivers at their stores are paid less than minimum wage because of their "flawed" policy of reimbursing mileage expenses.

  • April 04, 2024

    Real Estate Fraudster Wins 3rd Circ. Bid To Testify

    The real estate agent who helped ex-NFL player Irving Fryar in a scheme to defraud several banks out of $1 million in mortgages was wrongly denied the ability to testify on his own behalf at a hearing over alleged violations of his supervised release, the Third Circuit ruled in a precedential opinion Thursday.

  • April 04, 2024

    Pierson Ferdinand Brings On Morgan Lewis Litigator In Philly

    Newly formed Pierson Ferdinand LLP has added a high-stakes employment litigator to its Philadelphia office from Morgan Lewis & Bockius LLP.

  • April 03, 2024

    Voters Say Ex-Official Won Since Undated Ballots Don't Count

    Supporters of a Pennsylvania town political candidate told a state appellate panel Wednesday that the Montgomery County Board of Elections should have certified the 2023 election results shortly after the vote instead of waiting for a federal court ruling that allowed certain mail-in ballots to change the outcome — especially since that ruling has since been overturned.

  • April 03, 2024

    Philly Injection Site Org. Isn't Religious, Judge Rules

    A Pennsylvania federal judge on Wednesday ruled that an overdose prevention organization planning to open a supervised safe-injection site in Philadelphia is not a religious entity, delivering a win to the U.S. Department of Justice, which opposed the site.

  • April 03, 2024

    Pool Pump Co. Says 3rd Circ. Must Vacate New Energy Rule

    Pool products maker Zodiac Pool Systems LLC went to the Third Circuit Wednesday to challenge a new U.S. Department of Energy rule that the company says goes beyond the department's legal authority by setting energy conservation standards for pool pumps, which Zodiac asserts are exempt from such regulations.

  • April 03, 2024

    3rd Circ. Judge Wonders If Philly Union Rule Dispute Is Moot

    A Third Circuit judge on Wednesday wondered whether a former Philadelphia mayor's order requiring contractors to pay dues to "city-approved" unions was now moot, given the new administration's assurances that it won't be implemented, as contractors urged the court to find that the scrapped rule should be banned by law.

  • April 03, 2024

    3rd Circ. Won't Block Order To Replace NJ 'County Line' Ballot

    A federal appellate court panel refused Wednesday to block a district court order requiring New Jersey to change the layout of its ballot before the June 4 primary, even though some county clerks who are responsible for preparing the ballots argued that it was not feasible to make the changes in time.

Expert Analysis

  • Virginia 'Rocket Docket' Slowdown Is Likely A Blip

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    After being the fastest or second-fastest federal civil trial court for 14 straight years, the Eastern District of Virginia has slid to 18th place, but the rocket docket’s statistical tumble doesn't mean the district no longer maintains a speedy civil docket, says Robert Tata at Hunton.

  • High Court Underscores DOJ's Role In Policing FCA Litigation

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    The U.S. Supreme Court's decision in Polansky v. Executive Health Resources reaffirms that the government has final say in False Claims Act cases, allowing for meaningful guardrails that deter private litigators from seeking to regulate industries that Congress has delegated to expert administrative agencies, say attorneys at Ropes & Gray.

  • 5 Management Tips To Keep Law Firm Merger Talks Moving

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    Many law firm mergers that make solid business sense still fall apart due to the costs and frustrations of inefficient negotiations, but firm managers can increase the chance of success by effectively planning and executing merger discussions, say Lisa Smith and Kristin Stark at Fairfax Associates.

  • What 3rd Circ. Niaspan Decision Means For Class Cert.

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    The Third Circuit's recent denial of class certification in the Niaspan antitrust case underscores its particularly stringent understanding of the implicit ascertainability requirement, which further fuels confusion in the courts, threatens uneven results and increases the risk of forum shopping, says Michael Lazaroff at Rimon Law.

  • Rebuttal

    2nd Circ. Reinsurance Ruling Correctly Applied English Law

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    Contrary to a recent Law360 guest article's argument, the Second Circuit correctly applied English law when it decided in Insurance Company of the State of Pennsylvania v. Equitas that concurrent reinsurance certificates required the reinsurer to cover loss in accordance with the law of the policy's governing jurisdiction, say Peter Chaffetz and Andrew Poplinger at Chaffetz Lindsey.

  • The Texas Two-Step May Be Losing Steam

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    The Texas Two-Step is a powerful bankruptcy strategy that has been used in recent high-profile cases, including Johnson & Johnson’s talc unit bankruptcy case, but ongoing debate and legal challenges raise the question of whether this maneuver is losing reliability, say Brendan Best and Justin Allen at Varnum.

  • East Penn Verdict Is An FLSA Cautionary Tale For Employers

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    A Pennsylvania federal jury's recent $22 million verdict against East Penn set a record for the Fair Labor Standards Act and should serve as a reminder to employers that failure to keep complete wage and hour records can exponentially increase liability exposure under the FLSA, say Benjamin Hinks and Danielle Lederman at Bowditch & Dewey.

  • 3 Abortion Enforcement Takeaways 1 Year After Dobbs

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    A year after the U.S. Supreme Court overturned the constitutional right to abortion in Dobbs v. Jackson Women’s Health Organization, confusion continues to abound amid the quagmire of state-level enforcement risks, federal efforts to protect reproductive health care, and fights over geolocation data, say Elena Quattrone and Sarah Hall at Epstein Becker.

  • Rethinking In-Office Attendance For Associate Retention

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    The hybrid office attendance model doesn't work for all employees, but it does for many — and balancing these two groups is important for associate retention and maintaining a BigLaw firm culture that supports all attorneys, says Summer Eberhard at Major Lindsey.

  • Opinion

    ALI, Bar Groups Need More Defense Engagement For Balance

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    The American Law Institute and state bar committees have a special role in the development of the law — but if they do not do a better job of including attorneys from the defense bar, they will come to be viewed as special interest advocacy groups, says Mark Behrens at Shook Hardy.

  • Murdaugh Trials Offer Law Firms Fraud Prevention Reminders

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    As the fraud case against Alex Murdaugh continues to play out, the evidence and narrative presented at his murder trial earlier this year may provide lessons for law firms on implementing robust internal controls that can detect and prevent similar kinds of fraud, say Travis Casner and Helga Zauner at Weaver and Tidwell.

  • What Courts Say About Workers' Comp And Medical Marijuana

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    Whether employers and insurance carriers are required or allowed to reimburse employees for out-of-pocket costs for treating work-related injuries with medical marijuana has spawned a debate, and the state courts that have addressed this matter are split on a number of issues, say Alexandra Hassell and Anthony Califano at Seyfarth.

  • How Electric Vehicles Will Affect Land Use And Development

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    The increasing use of electric vehicles will bring significant issues for cities and real estate developers to consider, as cities will require substantially more infrastructure to meet electric vehicles' charging needs, says John Lushis at Norris McLaughlin.

  • Title IX Damages Outlook 1 Year After High Court Ruling

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    Federal courts have been extending the holding of last year's U.S. Supreme Court decision, Cummings v. Premier Rehab Keller, to disallow emotional distress damages under Title IX, but students and educators suing educational institutions for gender discrimination can still recover monetary damages under alternate theories, say attorneys at Sanford Heisler.

  • 2nd Circ. Reinsurance Ruling Misconstrues English Law

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    The Second Circuit's finding in Insurance Company of the State of Pennsylvania v. Equitas Insurance, that London-based reinsurer Equitas owed coverage for losses outside the policy period, stems from that court's misinterpretation of English law on reinsurance policy construction, says Christopher Foster at Holman Fenwick.

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