Pennsylvania

  • July 14, 2020

    Improper Testimony Won Pa. Mesh Case For J&J, Panel Told

    A Philadelphia jury's decision to clear a Johnson & Johnson unit in a pelvic mesh injury case last year was founded on testimony from a treating doctor who was improperly allowed to opine that the implant hadn't caused her patient's injuries, a state appeals court heard on Tuesday.

  • July 14, 2020

    Surprising Alliances Shape The Supreme Court Term

    The U.S. Supreme Court saw a drop in narrowly divided rulings and more than a few unusual alliances among the justices in a term packed with contentious cases on abortion, immigration, LGBTQ rights and agency authority.

  • July 14, 2020

    3rd Circ. Won't Rehear Ruling That Survey Faxes Violate TCPA

    The Third Circuit denied a market research firm and its former parent's request for an en banc rehearing on Tuesday, following a divided panel decision that ruled unwanted faxes seeking individuals' participation in market surveys violate the Telephone Consumer Protection Act.

  • July 14, 2020

    States' Case To Be Bellwether In Generic Drug Price-Fix MDL

    The Pennsylvania federal judge overseeing multidistrict litigation for price-fixing allegations in the generic drug industry has selected a case from state attorneys general to serve as a bellwether along with three private cases centered on individual drugs.

  • July 14, 2020

    Coronavirus Regulations: A State-By-State Week In Review

    As regional spikes in COVID-19 cases continued to temper reopening efforts over the past week, California officials ordered the closure of a wide swath of businesses and unveiled plans to bolster firefighting reserves, while Florida Gov. Ron DeSantis held a roundtable with mayors following record-high positive test results over the weekend and New York launched a quarantine compliance initiative in airports.

  • July 14, 2020

    15 States Commit To Push For Clean Trucks, Delivery Vehicles

    California, New York and more than a dozen other states on Tuesday committed to making all newly sold medium and heavy-duty vehicles — categories that include big rigs and box trucks — emissions-free by 2050.

  • July 14, 2020

    Green Group Challenges EPA Water Permit Limitations

    A Pennsylvania environmental group has sued the U.S. Environmental Protection Agency, saying the agency's interpretation of Section 401 of the Clean Water Act published this week "eviscerates" states' and tribes' ability to protect waters around federal pipeline projects.

  • July 14, 2020

    Mesh Case Judge Tainted By His Mom's J&J Suit, Court Told

    A Philadelphia judge's failure to step aside from a pelvic mesh injury trial against Johnson & Johnson because of his mother's own lawsuit against the company cast an improper shadow over the $41 million verdict in the case, a state appeals court heard during oral arguments Tuesday.

  • July 14, 2020

    Philly Sued For Using 'Military Style Munitions' On Protesters

    The City of Philadelphia was hit Tuesday with two lawsuits over actions during protests against police violence, including a suit by residents of the predominantly Black neighborhood of West Philadelphia who say police rained tear gas and rubber bullets on their homes and used military tactics that were not employed in white neighborhoods.

  • July 14, 2020

    Why Can't Female Lawyers Make Headway At The High Court?

    The number of female lawyers arguing before the U.S. Supreme Court hit a new low this year. Can the pipeline to these coveted oral argument slots be fixed?

  • July 14, 2020

    Law360's Supreme Court Pop Quiz

    Test how closely you were paying attention to the explosive 2019-2020 Supreme Court term.

  • July 13, 2020

    Berkshire Hathaway Fights Bid To Invalidate Virus Exclusion

    Berkshire Hathaway and one of its units on Monday urged a Pennsylvania federal court to toss a restaurant's suit seeking insurance coverage for losses caused by the COVID-19 pandemic, arguing that a virus exclusion "plainly applies" to the restaurant's claims.

  • July 13, 2020

    DC Judge Hints At Only Releasing High-Risk Family Detainees

    Although a D.C. federal judge appeared wary on Monday of ordering the nation's three family detention centers emptied, he seemed to be seriously considering releasing detainees with health conditions amid the COVID-19 pandemic.

  • July 13, 2020

    3rd Circ. Mulling FTC-AbbVie Pause Till High Court Acts

    The Third Circuit may need to pump the brakes on the Federal Trade Commission's antitrust spat with AbbVie following a U.S. Supreme Court decision to review the agency's authority to order financial restitution, the Philadelphia appeals court said.

  • July 13, 2020

    All Star Gyms Pick Up Cheerleading Antitrust Fight In Pa.

    A pair of competitive cheerleading gyms hit sports giant Varsity Brands LLC and the sport's governing body, U.S. All Star Federation Inc., with a fresh antitrust lawsuit in Pennsylvania federal court Friday, days after dropping a similar proposed class action in California.

  • July 13, 2020

    Pa. Seeks To Block Trump's Bid To Fast-Track Ballot Box Suit

    President Donald Trump's reelection campaign shouldn't get to conduct expedited discovery or a speedy hearing in a lawsuit accusing Pennsylvania of making it possible to stuff ballot boxes, at least not until after the state and 67 counties have a chance to try to dismiss the case, attorneys for the commonwealth said Monday.

  • July 13, 2020

    The Sharpest Dissents From The Supreme Court Term

    The majority of this term’s dissents came from the court’s right-leaning justices, and many of their sharpest critiques stemmed from suits over Trump administration policies. Here, Law360 looks at some of the fieriest.

  • July 13, 2020

    3rd Circ. Revives Pa. Residents' Suit Over Landfill Odor

    The Third Circuit issued a published decision on Monday finding that residents living near a Pennsylvania landfill were legally entitled to seek damages on class claims that the dump's foul odors constituted a public nuisance.

  • July 13, 2020

    Pep Boys Suit Revived After Client Wasn't Told About Filings

    A New Jersey state appellate panel on Monday reinstated a customer's suit alleging a Pep Boys mechanic crashed his sports car during a joy ride because the man's attorney did not advise him about the case's pending dismissal and the trial court "fell short" in ensuring the lawyer provided such guidance.

  • July 13, 2020

    Net Installer Has No Duty To Pirates Fan Injured By Foul Ball

    A Pittsburgh jury didn't have to be steered toward finding the installer of a safety net at PNC Park liable for a woman's foul-ball injuries just because she had already reached settlements with the other two defendants, a Pennsylvania appellate court said.

  • July 13, 2020

    Hedge Fund's Bid For McClatchy Heads To Judge Next Week

    Hedge fund Chatham Asset Management's bid for McClatchy Co. will go before a New York bankruptcy judge for approval before the end of July, the newspaper chain has announced.

  • July 13, 2020

    The Funniest Moments Of The Supreme Court's Term

    Justice Stephen Breyer conjured up a baffling hypothetical involving a Roman emperor, Chief Justice John Roberts stepped up his game on popular slang, and a toilet flushed loudly as a Latham & Watkins lawyer discussed constitutional rights. Here, Law360 highlights the most mirthful moments from this past term's U.S. Supreme Court arguments.

  • July 13, 2020

    The Chattiest Justice Of The Term Is ...

    One justice again stood out as the chattiest member of the Supreme Court this term. But that jurist's talk was tempered when the coronavirus pandemic forced the court to close its doors and conduct remote oral arguments, which were livestreamed for the first time in history.

  • July 13, 2020

    Offit Kurman's Failures Led To Client's $3M Loss, Says Suit

    Offit Kurman PA was slapped with a malpractice suit in Pennsylvania state court on Friday alleging that an attorney's repeated failure to abide by discovery orders from a Lebanon County judge resulted in a client being hit with a nearly $3 million default judgment.

  • July 13, 2020

    17 States Sue To Block Trump's Pandemic Student Visa Policy

    As a lawsuit by Harvard and MIT speeds toward a Wednesday ruling, Massachusetts Attorney General Maura Healey and 17 other AGs filed their own suit Monday seeking to block a Trump administration policy barring foreign students from the U.S. if their colleges go online during the COVID-19 pandemic.

Expert Analysis

  • 6 Recent Insurance Decisions You May Have Overlooked

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    Several insurance coverage decisions from the first half of the year, in addition to those discussed in a recent Law360 article, hold important lessons regarding courts' current stance toward commonly litigated insurance principles, arguments and strategies, say attorneys at Anderson Kill.

  • NY High Court Case Could Upend Litigation Finance Industry

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    A ruling in favor of the defendant in Fast Trak Investment v. Sax, a case recently accepted by the New York Court of Appeals, could enable borrowers to avoid repaying litigation funders by claiming state usury law violations, say attorneys at MoloLamken.

  • Associates Can Prioritize Biz Development Despite Pandemic

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    Although many traditional business development activities are on hold due to the COVID-19 pandemic, associates should seize the unique opportunities of this time to cultivate business by strengthening their personal and professional relationships, and developing new ones, says Jeremy Schneider at Jackson Lewis.

  • Pa. Jurisdiction Ruling's Takeaways For Out-Of-State Cos.

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    The Pennsylvania Superior Court's recent decision in Murray v. American LaFrance provides litigants with no clarity on whether a foreign corporation's registration in the commonwealth subjects it to personal jurisdiction there for all matters, but explores an interesting wrinkle in Pennsylvania waiver law, say attorneys at Greenberg Traurig.

  • Key COVID-19 Accessibility Issues As ADA Turns 30

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    Shira Blank and Joshua Stein at Epstein Becker examine pandemic-related accessibility challenges businesses should consider when balancing Americans with Disabilities Act Title III compliance against employee and patron safety as the statute's 30th anniversary approaches.

  • Opinion

    Let's Create An Ethical Obligation For Attys To Fight Racism

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    In this moment of national recognition of historical institutional racism, the American Bar Association must implement a model rule that explicitly declares efforts to fight racism and advance equality to be a matter of attorneys' ethics and professional conduct, say Marc Firestone at Philip Morris International and David Douglass at Sheppard Mullin.

  • Mask-Wearing Prosecution Witnesses May Face Roadblocks

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    When in-person criminal jury trials resume, witnesses wearing masks as protection against the coronavirus will almost certainly lead to a new line of cases weighing public health against a defendant's Sixth Amendment right to confront prosecution witnesses, says Scott Grubman at Chilivis Grubman.

  • 6 Considerations When Shopping For Legal Tech Software

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    When evaluating the vast range of legal technology options available today, law firms will want to make sure that firm intellectual property and client data stored in the software are encrypted, isolated, protected through backups and in compliance with the ever-growing list of data regulations, say Eric Tucker and Dorna Moini at Documate.

  • Law Firm Strategies For Publicizing Laterals Amid Lockdowns

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    With business development dinners and social events no longer viable for new lateral hires, law firms need a refreshed game plan — one that fully exploits the digital landscape, say Andrew Longstreth and Jesse Dungan at Infinite Global and Michael Coston at Coston Consulting.

  • Are Your Slack Communications Primed For E-Discovery?

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    With the increasing use of channel-based platforms such as Slack, Messenger and Teams in the work-from-home era, companies should assume they may be compelled to produce channel-based data in litigation and take proactive steps to protect sensitive information, say Jessica Brown and Collin James Vierra at Gibson Dunn.

  • 6 Dispute Prevention Steps As Lawsuits Rise Amid Pandemic

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    With the inundation of lawsuits resulting from the pandemic, now is an opportune time for companies and their advisers to implement prevention measures explicitly designed to break the dispute cycle early and to de-escalate possible legal actions as they form, says arbitrator and mediator Janice Sperow.

  • Opinion

    Time To Consider Percentage Rental Agreements For Lawyers

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    It has long been the law that attorneys cannot use percentage rental agreements because doing so would constitute an impermissible sharing of fees with nonlawyers, but such arrangements can help lawyers match expenses with revenues in lean times like now, say Peter Jarvis and Trisha Thompson at Holland & Knight.

  • Opinion

    Regulatory Estoppel Does Not Invalidate The Virus Exclusion

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    Some policyholders seeking coverage for losses stemming from COVID-19 are arguing that virus exclusions are invalid due to regulatory estoppel, but this theory lacks substance and threatens to undermine formal clarifications of insurance policy intent, say Jonathan Schwartz and Colin Willmott at Goldberg Segalla.

  • How Discovery Is Evolving In ERISA Benefits Litigation

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    While courts have been reluctant to grant discovery in Employee Retirement Income Security Act benefits cases in the past, textual-minded judges questioning the legitimacy of judicially created doctrines are increasingly allowing more discovery, says Mark DeBofsky at DeBofsky Sherman.

  • Reinsurance Implications Of COVID-19 Biz Interruption Laws

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    In light of legislative and public pressure in the U.S. and U.K. on insurers to cover business interruption losses related to COVID-19, reinsurers will face new questions regarding their obligation to cover claim payments, say Robin Dusek at Saul Ewing and Susie Wakefield at Shoosmiths.

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