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Pennsylvania
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May 09, 2025
Real Estate Recap: 'Preposterous' Rule, MoFo On Debt, Big 4
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney views of a U.S. Securities and Exchange Commission rule affecting real estate, one BigLaw leader's insights into new debt funds, and what the four largest brokerages said about 2025's first quarter.
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May 09, 2025
Pa. Top Court Snapshot: Cap & Trade, Prosecutor Power
The scope of powers held by the Pennsylvania governor, the attorney general, and state and local utility authorities will take center stage in Harrisburg when the state Supreme Court convenes for its May session.
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May 09, 2025
Cannabis Co. Wins Bid To Block Lender From Seizing Cash
A New Jersey federal judge on Friday granted a cannabis company's bid to block its lender from seizing any of its assets or cash amid a dispute over whether it defaulted on loans to build its business, ruling that the company was likely to succeed on its claims after an evidentiary hearing.
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May 09, 2025
Vanguard Shared Customer Data With Meta, Others, Suit Says
Investment management company the Vanguard Group has been hit with a class action by users of its electronic services, claiming that the company allowed customers' personal information to be intercepted by LinkedIn, Meta and Google to build profiles based on their web habits.
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May 09, 2025
Musk Accused Of Underpaying Petition Bounties
Elon Musk and his political action committee America PAC got hit with another proposed class action by swing-state voters who say they were not fully paid for putting their names to the petition that he and his PAC promised up to $100 for signing before the 2024 election.
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May 09, 2025
Souter's Clerks Remember Him As Humble, Kind And Caring
Former clerks of retired U.S. Supreme Court Justice David H. Souter are heartbroken over the death of a man many of them remember more for his conscientiousness, humility, kindness and disdain for the spotlight than for his undeniable brilliance as a jurist.
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May 09, 2025
Hiker And 'Raconteur': Atty Recalls 50-Year Bond With Souter
Behind a towering legal legacy was a man who loved to hike mountains, could recall details of things he read decades ago and was always there for those he cared about, a New Hampshire attorney said as he reflected on a lifelong friendship with U.S. Supreme Court Justice David Souter.
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May 09, 2025
A Look At David Souter's Most Significant Opinions
The retired Justice David Souter defied simple definition, viewed as a staunch conservative until he co-wrote an opinion upholding abortion rights in 1992. He did not hew to partisan lines, but reshaped the civil litigation landscape and took an unexpected stand in an extraordinarily close presidential election.
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May 09, 2025
Justice Souter Was An Unexpected Force Of Moderation
Justice David Souter, who saw the high court as a moderating force apart from the messiness of politics, subverted the expectations of liberals and conservatives alike during his 19 years on the bench.
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May 09, 2025
Retired Supreme Court Justice David Souter Dies At 85
Retired Justice David H. Souter, who served on the U.S. Supreme Court from 1990 to 2009, has died at 85, the court announced Friday.
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May 08, 2025
Class Attys Awarded $15M In $50M GM Faulty Fuel Pump Deal
A Michigan federal judge has given the final stamp of approval to a $50 million settlement resolving a class action that accused General Motors of selling diesel-powered trucks with defective fuel pumps, and awarded the consumers' lawyers $15 million in fees.
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May 08, 2025
Pa. Judge Gives Final OK To $1.1M Inquirer Data Breach Deal
A Pennsylvania federal judge overseeing a consolidated action accusing the Philadelphia Inquirer of sharing subscribers' video viewing habits with Meta has granted final approval to a $1.1 million settlement, including nearly $375,000 in attorney's fees.
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May 08, 2025
Outback Steakhouse Beats Suit Over Woman's Fall Injuries
A New Jersey federal judge has dismissed a suit blaming Outback Steakhouse for causing a woman's fractured arm and leg after she slipped and fell at a Philadelphia area restaurant, saying she failed to identify what exactly caused her fall.
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May 08, 2025
Pa. Diner Can't Get Tax Sale Axed Over Price Hike, Panel Says
A diner in a resort in Pennsylvania's Pocono Mountains can't duck a tax sale over the final sale price of the diner property being higher than originally advertised, a state appellate panel said in a precedential ruling Thursday.
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May 08, 2025
Fed. Circ. Weighs If Expert's Testimony Justifies Spine IP Loss
A Federal Circuit panel on Thursday considered how much an expert strayed from a lower court's claim construction in an inventor's patent infringement suit against DePuy Synthes, with one judge questioning if it was merely effective cross-examination that tripped the expert up, and not much more.
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May 08, 2025
3rd Circ. Rejects Challenge To Medicare Drug Price Program
The Third Circuit on Thursday rejected AstraZeneca's challenge to the Medicare drug price negotiation program, ruling that the pharmaceutical giant was unable to show how it is injured by the program's guidance or how it violates its due process rights.
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May 08, 2025
Pa. Jury Awards $165K To Teachers In Equal Pay Suit
A Pennsylvania jury awarded a total of $165,000 in damages to two female teachers who claimed they had been unfairly paid less than their male counterparts in the Central Bucks School District Thursday.
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May 08, 2025
Pa. Panel Backs $175M Roundup Verdict Against Monsanto
Bayer AG unit Monsanto has failed to erase a $175 million verdict awarded to a man who alleged his cancer was caused by using the company's flagship weedkiller Roundup, with the Pennsylvania Superior Court ruling Thursday that a Philadelphia jury's verdict in his favor was fair.
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May 07, 2025
NexStep Wants High Court To Look At Comcast Patent Fight
NexStep Inc. has asked the U.S. Supreme Court to review the standard for an expert's testimony under a doctrine allowing patent holders to claim infringement if an accused product is similar enough to the patented invention, the latest move in a dispute with Comcast.
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May 07, 2025
Envelope Co. Founders, Trust Co. Ink $8M ESOP Deal
Two founders of an envelope manufacturing company and a trustee to the company's employee stock ownership plan have agreed to fork over $8 million to end an ESOP participant's proposed class action alleging mismanagement, according to filings in Delaware federal court Wednesday.
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May 07, 2025
3rd Circ. Backs Judge's Authority In Bankruptcy Appeal
The Third Circuit on Wednesday affirmed a magistrate judge's jurisdiction over a partnership's mineral royalties fight against a company tied to a bankrupt driller, but it sent a dispute over whether the partnership was owed almost $140,000 in royalty payments back to the judge for further consideration.
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May 07, 2025
Pa. Nursing Homes Say They Can't Afford $2.7M Fraud Penalty
A pair of Pennsylvania nursing homes convicted of defrauding state and federal healthcare programs by falsifying staff records and exaggerating patient needs said they won't be able to pay the $2.7 million penalty the government is seeking since they're severely strapped for cash.
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May 07, 2025
3rd Circ. Rejects Feds' Bid To Challenge Venue In Khalil Case
A Third Circuit panel rejected the Trump administration's last-ditch attempt to transfer Columbia University graduate student Mahmoud Khalil's challenge to his detention by U.S. Immigration and Customs Enforcement from New Jersey federal court to Louisiana federal court.
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May 07, 2025
Developer Fights NJ Power Broker's Bid To Nix Civil RICO Suit
A Camden, New Jersey, real estate developer is fighting to keep alive his civil racketeering suit against South Jersey power broker George Norcross, arguing in New Jersey state court the recent dismissal of a related indictment against Norcross "changes nothing" in the civil litigation.
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May 07, 2025
Ex-County Bar Association Director Charged With $314K Theft
The former executive director of the Cambria County Bar Association in Pennsylvania has been charged with stealing more than $300,000 from the organization and spending it on cosmetic procedures, vacations and donations to a charity founded by her family, the state attorney general's office said Wednesday.
Expert Analysis
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How Importers Can Minimize FCA Risks Of Tariff Mitigation
False Claims Act risks are inherent in many tariff mitigation strategies, making it important for importers to implement best practices to identify and report potential violations of import regulations before they escalate, says Samuel Finkelstein at LMD Trade Law.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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Cross-Border Lessons In Using Hague Evidence Convention
Recent case law demonstrates that securing evidence located abroad requires a strategic approach, including utilization of the Hague Evidence Convention and preparation to justify your chosen evidence-gathering path, say attorneys at Fish & Richardson.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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Implementation, Constitutional Issues With Birthright Order
President Donald Trump's executive order reinterpreting the 14th Amendment's birthright citizenship clause presents unavoidable administrative problems and raises serious constitutional concerns about the validity of many existing federal laws and regulations, says Eric Schnapper at the University of Washington School of Law.
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What Advisory On Alcohol And Cancer May Mean For Cos.
While the federal government has yet to take concrete steps in response to a January advisory from the outgoing U.S. surgeon general on links between alcohol consumption and cancer, the statement has opened the door to potential regulatory, legislative and litigation challenges for the alcoholic beverage industry, say attorneys at Mayer Brown.
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NCAA Rulings Signal Game Change For Athlete Classification
A Tennessee federal court's recent decision in Pavia v. NCAA adds to a growing call to consider classifying college athletes as employees under federal law, a change that would have unexpected, potentially prohibitive costs for schools, says J.R. Webster Cucovatz at Gilson Daub.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.