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Pennsylvania
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February 21, 2025
Drugmakers Slam 'Untimely' Claims In Employers' Antitrust Suit
Pharmaceutical companies targeted by sweeping antitrust lawsuits from major employers, including Target, Lowe's and American Airlines, have asked a Pennsylvania federal judge to trim conspiracy claims from a lawsuit accusing them of orchestrating illegal agreements for price-fixing and customer allocation, arguing the allegation was unsupported and untimely.
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February 21, 2025
Trade Secrets Dispute Between Cell Tower Cos. Stays Alive
A Pennsylvania federal judge on Thursday narrowed a lawsuit between rival cell tower companies over the use of pricing information, dismissing trade secret claims stemming from leases that lacked confidentiality or nondisclosure provisions.
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February 21, 2025
Luigi Mangione Says His Rights Are Being Violated In NY Case
An attorney for Luigi Mangione, the man accused of murdering UnitedHealthcare CEO Brian Thompson, told a New York state court judge on Friday that his constitutional rights are being violated in the state case as federal prosecutors are "hanging the death penalty over" his head on related charges.
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February 21, 2025
Aerotech Can't Escape Workers' ESOP Investment Suit
A Pennsylvania federal judge refused to toss a proposed class action from participants in a motion control technology company's employee stock ownership plan who alleged mismanagement, finding allegations that the company's low-risk investment strategy violated federal benefits law could proceed to discovery.
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February 21, 2025
Weight Loss Drug Patient Drops Appeal In Cancer Risk Suit
Days after arguing her case before a skeptical Third Circuit panel, a woman who alleges she suffered financial harm by buying a weight loss drug that purportedly causes cancer — which she said she has not been diagnosed with — has voluntarily dismissed the case.
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February 21, 2025
Justices Knock Ala. For Immunizing State Officials
The U.S. Supreme Court on Friday ruled a group of Alabama unemployment applicants can pursue allegations that delays in the state's benefits review process violated their federal civil rights, holding a state law that requires litigants to exhaust administrative remedies before filing suit doesn't bar their procedural claims.
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February 21, 2025
Ex-Dechert GC Subpoenaed Over Gerrard Abuse Claims
An imprisoned Jordanian lawyer can subpoena the former general counsel of Dechert LLP over what the leadership of the law firm knew of alleged human rights abuses committed by a former partner in the United Arab Emirates, a U.S. federal judge has ruled.
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February 20, 2025
Ex-SEC Lawyer Fights Gov't Bid To Ax Bias Claim Evidence
A former Securities and Exchange Commission lawyer suing the agency for discrimination is fighting its request to have evidence of dismissed claims excluded from the upcoming trial, arguing the government's recent filing is an attempt to stymie her counsel in advance of the March trial.
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February 20, 2025
3rd Circ. Rejects Appeal In Dog Magnet Design Spat
The Third Circuit on Thursday rejected an appeal in a case in which two businesses accused each other of stealing designs for pet-themed car magnets, saying that, because there is no final judgment in the case, one of the companies can't challenge the lower court's refusal to issue a final judgment.
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February 20, 2025
3rd Circ. Denies Concussion Benefits For 18 Ex-NFL Players
The Third Circuit denied the families of 18 late NFL players access to funds under the league's historic concussion settlement Thursday, saying benefits can only be given to players diagnosed with chronic traumatic encephalopathy after death.
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February 20, 2025
Battery Co. Denied 3rd Circ. Redo In $22M Wage Suit
The Third Circuit won't reconsider a decision backing a $22 million verdict for Pennsylvania battery manufacturer workers in a suit over time spent changing in and out of protective gear before and after shifts, according to a Thursday order.
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February 20, 2025
Drug Buyers Get OK On $275M Sandoz Antitrust Settlement
Swiss drugmaker Sandoz and its subsidiaries will pay consumers, insurers and other "end payer plaintiffs" $275 million to settle class action claims that it conspired with other companies to fix the price of certain generic drugs, under a deal that got preliminary approval from a Pennsylvania federal court Wednesday.
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February 20, 2025
Former State Farm Atty Joins Goldberg Segalla In Philly
A planned move back to the Philadelphia area after more than four years in Illinois has prompted an attorney with expertise in product liability and toxic tort litigation to join Goldberg Segalla LLP's Philadelphia office.
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February 19, 2025
Prospect Medical Blames Yale Lawsuit For Ch. 11 Filing
Bankrupt hospital operator Prospect Medical Holdings is seeking to convince a Connecticut federal judge to have a bankruptcy court oversee a $435 million lawsuit through which Yale New Haven Health is trying to back out of buying three Prospect hospitals, saying the case played a key role in its bankruptcy filing.
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February 19, 2025
3D Printing Co. Escapes Chancery Suit Over $575M Merger
An ExOne Co. investor failed to show why the 3D printer manufacturer should have postponed a shareholder vote over its rival's purchase of the company, a Delaware vice chancellor has ruled, tossing the investor's proposed class action that alleged the company's board of directors breached its fiduciary duties.
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February 19, 2025
3rd Circ. Doubts Alleged Cancer Risk Devalued Drug
A Third Circuit panel on Wednesday seemed skeptical that a woman who bought and used a weight loss drug suffered financial harm after she found out it could cause cancer, with the judges aggressively pushing back on her argument that she did not get what she paid for.
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February 19, 2025
Pa. Justices Say Sales Tax Isn't Commerce Under State Law
Collecting sales tax is not part of a commercial transaction even if it occurs at the same time as that transaction, according to a Wednesday ruling from the Pennsylvania Supreme Court in a suit accusing American Eagle and other retailers of charging wrongful taxes on face masks.
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February 19, 2025
Tax Tech Worker Says He Was Fired For Lawsuit Presentation
A tax compliance software company wrongfully fired an employee after he gave a presentation to his co-workers about a gender discrimination lawsuit that had been brought against video game publisher Activision Blizzard, violating his federal and state constitutional rights, according to litigation removed to Connecticut federal court.
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February 19, 2025
3rd Circ. Hints County's Probation Detainers Need Scrutiny
Civil rights advocates told the Third Circuit that Allegheny County, Pennsylvania, is jailing defendants for probation violations too hastily, and the panel appeared open Wednesday to reviving a lawsuit against several county judges for more developments.
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February 19, 2025
IP Partner Returns to Duane Morris In Philadelphia
A patent litigation attorney with specialties in artificial intelligence technologies has moved back to Duane Morris LLP's Philadelphia office after practicing for more than two years with Morgan Lewis & Bockius LLP.
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February 18, 2025
Equifax Can't Duck Employment Verification Monopoly Claims
A Pennsylvania federal judge on Tuesday refused to throw out a proposed class action accusing Equifax of monopolizing the income and employment verification market, rejecting Equifax's argument that plaintiff Greystone Mortgage hasn't plausibly alleged that Equifax engaged in anticompetitive conduct.
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February 18, 2025
Philly Inquirer Wins TRO On Co. Selling Framed Front Pages
A Pennsylvania federal judge has issued a temporary restraining order to stop the alleged infringement of the Philadelphia Inquirer's trademark and copyrighted works by a company that sells framed copies of newspaper articles and front pages covering major sports victories, including its Feb. 10 article featuring the Philadelphia Eagles' Superbowl victory.
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February 18, 2025
Pa. Justices To Weigh Philly Ban On 3D-Printed Gun Parts
The Pennsylvania Supreme Court will decide whether a state law preempting most local gun restrictions applies to the whole field of firearms regulations, or whether ordinances like Philadelphia's ban on 3D printing gun parts and assembling them are exempted because the parts aren't "firearms" themselves, the court announced Tuesday.
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February 18, 2025
Suit Blames Electrolux Burners For Pa. Family's House Fire
Subsidiaries of Swedish appliance manufacturer Electrolux are facing another design defect lawsuit claiming that its stove knobs are too easily turned on by accident, with the latest suit coming from a Philadelphia-area family whose home burned down.
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February 18, 2025
Ancora Says US Steel CEO May Have Made Insider Trades
Ancora Holdings Group LLC is claiming that U.S. Steel CEO David Burritt "may have engaged in insider trading" tied to the company's proposed $14.9 billion merger with Japan's Nippon Steel, and the investor said it could bring related litigation, according to documents released Tuesday.
Expert Analysis
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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Live Nation May Shake It Off In A Long Game With The DOJ
Don't expect a swift resolution in the U.S. Department of Justice's case against Live Nation, but a long litigation, with the company likely to represent itself as the creator of a competitive ecosystem, and the government faced with explaining how the ticketing giant formed under its watch, say Thomas Kliebhan and Taylor Hixon at GRSM50.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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Penn. Right-To-Know Case Raises Record-Access Precedent
The Pennsylvania Supreme Court recently held that the nonprofit Pennsylvania Interscholastic Athletic Association was subject to the state's Right-To-Know Law, establishing an expansion that allows access to public records of organizations that perform work or have some role associated with statewide governance, says Delene Lantz at Saul Ewing.
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Opinion
It's Time To Defuse The Ticking Time Bomb Of US Landfills
After recent fires at landfills in Alabama and California sent toxic fumes into surrounding communities, it is clear that existing penalties for landfill mismanagement are insufficient — so policymakers must enact major changes to the way we dispose of solid waste, says Vineet Dubey at Custodio & Dubey.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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What Junk Fee Law Means For Biz In California And Beyond
Come July 1, companies doing business in California must ensure that the price of any good or service as offered, displayed or advertised is inclusive of all mandatory fees and other charges in compliance with S.B. 478, which may have a far-reaching impact across the country due to wide applicability, say Alexandria Ruiz and Amy Lally at Sidley Austin.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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Perspectives
Justices' Repeat Offender Ruling Eases Prosecutorial Hurdle
The U.S. Supreme Court’s decision last week in Brown v. U.S., clarifying which drug law applies to sentencing a repeat offender in a federal firearms case, allows courts to rely on outdated drug schedules to impose increased sentences, thus removing a significant hurdle for prosecutors, says attorney Molly Parmer.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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CFPB's Expanding Scope Evident In Coding Bootcamp Fine
The Consumer Financial Protection Bureau's recent penalty against a for-profit coding bootcamp that misrepresented its tuition financing plans is a sign that the bureau is seeking to wield its supervisory and enforcement powers in more industries that offer consumer financing, say Jason McElroy and Brandon Sherman at Saul Ewing.
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Key Insurance Considerations After $725M Benzene Verdict
The recent massive benzene verdict in Gill v. Exxon Mobil will certainly trigger insurance questions — and likely a new wave of benzene suits — so potential defendants should study Radiator Specialty v. Arrowood Indemnity, the only state high court decision regarding benzene claim coverage, says Jonathan Hardin at Perkins Coie.