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Pennsylvania
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March 11, 2024
3rd Circ. Finds No Reason To Disturb AbbVie Privilege Ruling
The Third Circuit has found that AbbVie was unable to show that a Pennsylvania federal court went against precedent or made an error when ordering the drugmaker to turn over attorney communications from a "sham" patent case allegedly meant to delay AndroGel competitors.
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March 11, 2024
Coinbase Asks 3rd Circ. To Force SEC To Set Rules For Crypto
Crypto exchange Coinbase asked the Third Circuit on Monday to force the U.S. Securities and Exchange Commission to set rules of the road for digital assets in an opening brief that argued the agency failed to provide "a reasoned explanation" for why it denied an earlier request for crypto rulemaking.
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March 11, 2024
Widower Gets 3rd Trial Over Wife's Cancer Misdiagnosis
A Pennsylvania Superior Court panel on Monday granted a third trial to a man whose wife died of cancer, saying that he'd presented enough evidence that her doctor's failure to follow up on discrepancies in her diagnosis deprived her of a chance for a longer life.
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March 11, 2024
Mexico Says High Court Long Shot Not Worth Halting Gun Suit
The Mexican government asked a Boston federal judge to keep its lawsuit against gun manufacturers moving along while the companies float what they referred to as "sky is falling" arguments to the U.S. Supreme Court challenging a First Circuit ruling that they are not immune from claims they aid and abet drug cartel violence.
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March 11, 2024
Pa. Judge May Take Wheel In Uber Driver Classification Trial
A federal jury in Philadelphia on Monday leaned toward classifying UberBlack drivers in the city as independent contractors instead of employees, but the trial judge indicated he may make the final call after a deadlock among the jurors prompted him to dismiss them.
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March 11, 2024
3rd Circ. Unsure Of Reasons To Halt Del. Assault Weapon Ban
A Third Circuit panel seemed to lean toward letting Delaware keep its ban on so-called assault weapons and extended magazines during arguments Monday, with Judge Stephanos Bibas pressing gun rights advocates on their claim the ban should have been blocked solely on the grounds that a Second Amendment violation may have taken place.
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March 11, 2024
Court Mulls Fees, Potential Sanctions In NFL Poaching Case
A Pennsylvania federal judge has ordered sports agency powerhouse CAA to pay legal fees to a rival shop for slow-walking discovery in a case over the alleged poaching of former NFL wide receiver Kenny Golladay, holding off on firmer penalties until trial.
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March 11, 2024
FTC, 10 States Sue 'Sham' Women's Cancer Fund
The Federal Trade Commission and 10 state attorneys general have filed a federal complaint against a Pennsylvania-based cancer charity fund, calling the foundation a "sham" that deceived donors out of $18 million over five years.
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March 11, 2024
Philly DA Can't Escape Sanctions Over Lack Of Candor
A Third Circuit panel has ruled that Philadelphia's district attorney, Larry Krasner, must apologize to the family of two 1984 murder victims after his office was less than forthcoming in proceedings over post-conviction relief sought by one of the killers.
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March 11, 2024
Kirkland, Latham Guide $35B EQT-Equitrans Gas Merger
Kirkland & Ellis LLP-guided EQT Corp. and Latham & Watkins LLP-backed Equitrans Midstream Corp. said Monday they have agreed to merge, creating a $35 billion natural gas giant that will be "well positioned to be a globally competitive American energy leader."
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March 08, 2024
Split NC High Court Reopens Embattled Realty Firm
The North Carolina Supreme Court has temporarily lifted a business shutdown order on MV Realty amid the state's claims that the company imposed predatory fees, with a dissenting justice fearing that unshackling it could put homeowners at risk of losing their homes.
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March 08, 2024
Uber Driver Class Claims Veering Toward Split Verdict
A Pennsylvania federal judge told a Philadelphia jury Friday to return Monday after its eight members deadlocked on whether UberBlack drivers in the city were employees of the ride-sharing company entitled to minimum wage and benefits, or independent contractors, as Uber classified them.
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March 08, 2024
Construction Co., Ex-Worker Settle Travel-Time Wage Suit
A Western Pennsylvania construction worker has settled his unpaid-wages suit against Home Pro Remodelers LLC, closing his claims that the company didn't pay him for travel time or time spent on work sites without a supervisor present.
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March 08, 2024
Widener U. Hit With COVID Campus Fee Refund Suit
Pennsylvania private school Widener University has been hit with a proposed class action seeking prorated tuition and fee reimbursements over its decision to close its campus in spring 2020 in response to the COVID-19 pandemic, a move which the suit says deprived students of resources they paid for.
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March 08, 2024
Pa. Court Grants Seizure Of Nursing Homes In 'Dire' Condition
A Pennsylvania federal court has granted an emergency request for a receiver to take control of six nursing homes in the state that Revere Tactical Opportunities REIT LLC claims were left in a "dire financial condition" by the properties' owners, who had also allegedly defaulted on a $30 million loan.
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March 08, 2024
Pa. County Agrees To Update Air Pollution Permits
The Allegheny County Health Department will move ahead on issuing updated air pollution permits for two Pittsburgh-area chemical plants, settling a lawsuit brought by an environmental group that claimed the county's missed deadlines hamstrung citizen engagement and enforcement efforts.
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March 07, 2024
Skechers Fined $1.25M Over Execs' Family Member Payments
Skechers will pay the U.S. Securities and Exchange Commission $1.25 million to resolve claims it failed to disclose hundreds of thousands of dollars in payments made to its directors and their immediate family members who were hired by the sneaker giant as contractors or nonexecutive employees.
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March 07, 2024
Penn State Suit Sets Off Debate Over Trademarks' Function
The Pennsylvania State University and sports apparel retailer Vintage Brand are locked in a legal battle that could force courts to reexamine how trademarks function in merchandise licensing and potentially make it harder to prevail on counterfeiting claims, according to attorneys.
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March 07, 2024
Pa. Justices To Consider Liability Of Parents Hiding Son's Gun
The Supreme Court of Pennsylvania agreed to hear an appeal asking whether the parents of a convicted murderer can be held liable for the victim's family's emotional trauma because their alleged concealment of the murder weapon delayed the discovery of their son's body.
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March 07, 2024
Pa. Counselor Says She Got No Help At Non-Accessible School
A former school counselor with a prosthetic leg says her nonprofit employer refused to help when her assigned school wouldn't accommodate her disability, then fired her for complaining, according to a lawsuit filed in Pennsylvania state court.
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March 07, 2024
Pa. Panel Chides Court For Sealing Murder Case Docket
The Pennsylvania Superior Court has ruled in a precedential opinion that a county judge violated the First Amendment in sealing the docket in a criminal case and denying access to local media trying to report on the alleged murder-for-hire of a man in Westmoreland County.
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March 07, 2024
Estate, Collector Settle Spat Over 'Blade Runner' Poster Art
The family of a former movie poster artist and a Pennsylvania attorney-turned-art collector have settled a dispute over the original art for a "Blade Runner" poster, with the parties agreeing to sell the art and split the proceeds.
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March 07, 2024
Nissan Cooling Fans Defective, Class Suit Claims
A proposed class of car buyers is suing Nissan North America Inc. in Tennessee federal court, alleging the automaker made and sold Pathfinder and Infiniti vehicles with defective radiator fans, leading to engines overheating and shutting down.
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March 06, 2024
Meta Must Tackle Increased Account Hijackings, 41 AGs Say
A bipartisan group of 41 attorneys general have urged Meta Platforms Inc. to tackle the "dramatic" increase in hackers taking over Facebook and Instagram accounts, saying the attacks have caused financial harm to victims and their families and friends.
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March 06, 2024
Pa. Pharma Co. Cops To Adulterated-Drug Charges
A Pennsylvania generic drug manufacturer has pled guilty to federal charges that it sold adulterated drugs in the U.S. into interstate commerce and agreed to pay a $1.5 million penalty, the U.S. Department of Justice said Wednesday.
Expert Analysis
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Opinion
It's Time For Lawyers To Stand Up For Climate Justice
The anniversary this week of the Deepwater Horizon disaster offers an opportunity for attorneys to embrace the practice of just transition lawyering — leveraging our skills to support communities on the front lines of climate change and environmental catastrophe as they pursue rebuilding and transformation, says Amy Laura Cahn at Taproot Earth.
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Don't Forget Alumni Engagement When Merging Law Firms
Neglecting law firm alumni programs after a merger can sever the deep connections attorneys have with their former firms, but by combining good data management and creating new opportunities to reconnect, firms can make every member in their expanded network of colleagues feel valued, say Clare Roath and Erin Warner at Troutman Pepper.
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A Close Look At Pennsylvania's Data Breach Law Changes
New amendments to Pennsylvania's Breach of Personal Information Notification Act will hold state agencies to stricter notification requirements more in line with those in other states, and will allow entities to determine a breach has occurred before their notification obligations take effect, says Lauren Godfrey at Constangy.
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Without Stronger Due Diligence, Attys Risk AML Regulation
Amid increasing pressure to mitigate money laundering and terrorism financing risks in gatekeeper professions, the legal industry will need to clarify and strengthen existing client due diligence measures — or risk the federal regulation attorneys have long sought to avoid, says Jeremy Glicksman at the Nassau County District Attorney’s Office.
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Cannabis Labor Peace Laws Lay Fertile Ground For Unions
State legislatures are increasingly passing cannabis laws that encourage or even mandate labor peace agreements as a condition for licensure, and though open questions remain about the constitutionality of such statutes, unionization efforts are unlikely to slow down, says Peter Murphy at Saul Ewing.
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Every Lawyer Can Act To Prevent Peer Suicide
Members of the legal industry can help prevent suicide among their colleagues, and better protect their own mental health, by learning the predictors and symptoms of depression among attorneys and knowing when and how to get practical aid to peers in crisis, says Joan Bibelhausen at Minnesota Lawyers Concerned for Lawyers.
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Building On Successful Judicial Assignment Reform In Texas
Prompt action by the Judicial Conference could curtail judge shopping and improve the efficiency and procedural fairness of the federal courts by implementing random districtwide assignment of cases, which has recently proven successful in Texas patent litigation, says Dabney Carr at Troutman Pepper.
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Cities Should Explore Minn. Municipal Alcohol Store Model
Minnesota’s unique alcohol control model that functions at the municipal level may be worth exploring for cash-strapped cities looking for an additional stream of revenue, though there may be community pushback, say Louis Terminello and Bradley Berkman at Greenspoon Marder.
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Do Videoconferences Establish Jurisdiction With Defendants?
What it means to have minimum contacts in a foreign jurisdiction is changing as people become more accustomed to meeting via video, and defendants’ participation in videoconferencing may be used as a sword or a shield in courts’ personal jurisdiction analysis, says Patrick Hickey at Moye White.
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Opinion
Humanism Should Replace Formalism In The Courts
The worrying tendency for judges to say "it's just the law talking, not me" in American decision writing has coincided with an historic decline in respect for the courts, but this trend can be reversed if courts develop understandable legal standards and justify them in human terms, says Connecticut Superior Court Judge Thomas Moukawsher.
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Pa. Supreme Court Can Finally Set Proper Venue Standards
The Pennsylvania Supreme Court has an opportunity in Hangey v. Husqvarna to finally clarify and further define how much business in a forum a product manufacturer must do for the venue to be proper, an issue state trial courts have wrestled with for almost a century, say Alan Klein and Ethan Feldman at Duane Morris.
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Don't Let Client Demands Erode Law Firm Autonomy
As clients increasingly impose requirements for attorney hiring and retention related to diversity and secondment, law firms must remember their ethical duties, as well as broader issues of lawyer development, culture and firm integrity, to maintain their independence while meaningfully responding to social changes, says Deborah Winokur at Cozen O'Connor.
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A Significant First Step For Pa. Carbon Capture Programs
Pennsylvania's letter of intent to the U.S. Environmental Protection Agency indicating interest in taking primary regulatory authority of Underground Injection Control Class VI programs marks the beginning of a potentially long process that would ultimately benefit those involved with carbon capture utilization and storage within the commonwealth, say attorneys at K&L Gates.
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6th Circ. Ruling's Seismic Shift In FCA Kickback Causation
It is difficult to overstate the significance of the Sixth Circuit’s recent decision in the False Claims Act kickback case U.S. v. Hathaway, which shifts the government's burden of proof by adopting a more defense-friendly causation standard and curbing an expansive definition of remuneration, say attorneys at Morgan Lewis.
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3rd Circ. Ruling Offers Tools To Manage Exempt Employees
The Third Circuit’s recent opinion in Higgins v. Bayada Home Health, finding the Fair Labor Standards Act allows employers to deduct paid time off for missed employee productivity targets, gives companies another resource for managing exempt employee inefficiency or absenteeism, says Laura Lawless at Squire Patton.