A Pennsylvania federal judge issued a mixed ruling in a suit accusing Prudential Insurance Co. of violating the Employee Retirement Income Security Act, granting the beneficiaries a win on their breach of fiduciary duty claim but throwing out state law claims and leaving the alleged ERISA violation up to a jury.
A former political consultant for U.S. Rep. Bob Brady, D-Pa., pled guilty Friday to making a false statement to the FBI, following his indictment in a scheme involving an illicit $90,000 campaign contribution to Brady’s rival in a 2012 congressional primary that prompted him to exit the race.
The exotic dancer behind a proposed class action that alleged Penthouse Club Philadelphia misclassifies its dancers as independent contractors and has denied them wages asked a Pennsylvania federal court Thursday to sanction the club, saying it hasn't responded to her requests for evidence.
Federal prosecutors and the U.S. Securities and Exchange Commission charged a broker with running a $2 million Ponzi scheme in Pennsylvania federal court Thursday, saying Paul W. Smith fleeced investors over 25 years and cost victims more than $800,000 when the scheme collapsed.
Washington state's highest court surprised the insurance industry this year when it ruled that a pollution exclusion doesn't negate liability coverage if negligence is the primary cause of a loss, while other courts clarified the standards for holding insurance carriers liable for bad faith and how insurers can preserve their rights to assert coverage defenses. Here, Law360 recaps five insurance decisions that made waves in 2017.
The taxes, fees and surcharges that are tacked onto monthly cellphone bills will hit record levels next year, the Tax Foundation said Thursday, as impending increases could push the tax bite on a typical family plan to as high as 40 percent of the total bill in some locations.
Customers accusing multilevel marketing fashion retailer LuLaRoe of overcharging them $8.3 million by calculating sales tax based on the location of sellers rather than consumers asked a Pennsylvania federal judge Wednesday to grant them class status.
In a decision interpreting the state statute governing limited liability companies, a Pennsylvania appeals court issued a published opinion Thursday finding that the majority owners of a defunct ophthalmology practice owed a duty to minority owners as they pursued a deal to sell the business.
A Pennsylvania federal judge Thursday refused to dismiss the corruption charges against a Norris McLaughlin & Marcus PA attorney who was charged alongside the mayor of Allentown in an indictment detailing a pay-to-play scheme.
The board of the Philadelphia Parking Authority failed to properly oversee the tenure of a former executive director who ran the agency like a personal fiefdom before resigning in 2016 amid sexual harassment allegations, according to two separate reports released Thursday by Pennsylvania's auditor general.
A privacy advocacy group has urged the Third Circuit to reject Google’s $5.5 million settlement that allows the search giant to pay internet watchdogs — and not consumers — to resolve claims that it bypassed privacy settings on Apple’s internet browser Safari to track users.
The Third Circuit on Thursday upheld the four-year prison term handed down to a former New Jersey attorney this year for his admitted role in a $40.8 million mortgage fraud scheme, saying that a district court properly justified giving him a longer sentence than a co-conspirator.
A swift march toward tax reform by the U.S. Congress means state legislatures, which gavel in next month, will be faced with responding to a giant overhaul of the federal tax code.
The Third Circuit Tuesday declined Valspar Corp.’s motion rehear a $176 million lawsuit accusing DuPont of chemical price fixing.
The Third Circuit on Wednesday refused to revive AXA Corporate Solutions Assurance's bid to recover its payout for the theft of a nearly $9 million pharmaceutical shipment from Sanofi-Aventis to McKesson Corp. that it insured, agreeing with a lower court that the carriers can't be held liable under a federal shipping law.
A Pennsylvania state judge on Wednesday found a Philadelphia attorney in contempt after he advised a client suing a Wilkes-Barre hospital over her husband’s death to not answer questions about divorce proceedings that he argued were protected by attorney-client privilege.
A Pennsylvania federal judge on Tuesday refused to reconsider his previous decision to approve a claims administrator's changes in the way a National Football League players’ brain injury settlement was implemented.
A Pennsylvania federal court on Tuesday denied an investment company’s motion that asked the court to apply a Bahamian court decision to prevent the U.S. from seizing its assets, saying the company failed to prove the substance of Bahamian law and the Bahamian Supreme Court did not have jurisdiction over the U.S.
After three prior bellwether trial losses, plaintiffs in litigation over the anticoagulant Xarelto are hoping to gain momentum following a $27.8 million verdict in Philadelphia on Tuesday, but attorneys say the award faces an uncertain future thanks to testimony that additional warnings would not have changed a doctor's decision to prescribe the drug.
A Pennsylvania appellate panel ruled Wednesday that a surgeon who performed unauthorized procedures had his hospital privileges properly revoked, saying the hospital’s investigation into the surgeries complied with federal law.
2017 has seen significant developments in the field of class action litigation. The impact of the U.S. Supreme Court’s Spokeo decision continued to work its way through the courts, the courts of appeals have made strides on issues like ascertainability and standing to pursue injunctive relief, and Congress is currently considering legislation that would alter the class action landscape, say attorneys with Akin Gump Strauss Hauer & Feld LLP.
Under Pennsylvania law, liability policies can cover both deliberate conduct and intentional acts if the damage itself is unintended and not substantially certain to result from the deliberate and intentional conduct, as reaffirmed in the Pennsylvania Superior Court's recent ruling in Erie v. Moore, say Timothy Law and Brian Himmel of Reed Smith LLP.
At the behest of the U.S. Department of Energy, the Federal Energy Regulatory Commission is soon expected to release an interim rule that subsidizes power plants that hold 90 days of fuel supply on site — i.e., coal-fired and nuclear plants — and effectively penalizes gas-fired plants. But FERC has an opportunity to mitigate the threat to gas-fired generators, says Chip Moldenhaeur of LawIQ.
Clients on the verge of litigation with a contractual counterparty often furnish their attorneys with the negotiated contract containing a mandatory arbitration provision and choice-of-law clause. But an often overlooked question is whether the Federal Arbitration Act or the parties’ chosen law governs the arbitration itself, says Rachel Mongiello of Cole Schotz PC.
The past year saw an aggressive approach to whistleblowing and retaliation actions by the plaintiffs bar and the U.S. Securities and Exchange Commission alike. Steven Pearlman and Edward Young of Proskauer Rose LLP examine the most impactful developments of 2017.
Instead of pleading with lawmakers to do the right thing, constitutional amendments would elevate environmental rights to the status of our most cherished liberties, says Maya van Rossum, leader of the Delaware Riverkeeper Network and director of the Environmental Law Clinic at Temple’s Beasley School of Law.
Having just completed a six-year term as chair of the U.S. Sentencing Commission, I read Yale Law School professor James Forman's new book, "Locking Up Our Own: Crime and Punishment in Black America," with particular interest, says Judge Patti Saris, chief judge for the U.S. District Court for the District of Massachusetts.
Though the Children’s Online Privacy Protection Act does not provide a private right of action, a recent spate of consumer class actions have attempted to use the law as a predicate for asserting violations of common law privacy-related torts and various state consumer protection statutes, say attorneys at DLA Piper LLP.
Recently there has been significant attention around new laws and ordinances that prohibit employers from asking job applicants about their salary history in various U.S. states and cities. But are employers outside of these jurisdictions free to ask for salary history information of applicants without risk? Hardly, say Joseph Kroeger and Audrey Roberts of Snell & Wilmer LLP.
On the heels of the new Insurance Data Security Model Law recently adopted by the National Association of Insurance Commissioners, members of Mayer Brown explain the new law, its substantive requirements, and the takeaways for the insurance industry.