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Pennsylvania

  • August 14, 2018

    How One Firm Moved The Needle On Disability Inclusion

    This global law firm has recently focused on creating opportunities for people with disabilities across its ranks, and its efforts are already showing results. This article is part of our special report on disability inclusion in the legal industry.

  • August 14, 2018

    Third Circuit Revives Discrimination Suit Over Service Dog

    The Third Circuit on Tuesday revived a lawsuit by the parents of an epileptic girl who claim a Pennsylvania school discriminated against her by barring her service dog, clarifying in a precedential decision that the trial court erred in its application of federal disabilities laws in instructions to jurors who had ruled in the school’s favor.

  • August 14, 2018

    Pa. Court Nixes Quadriplegic Man's Snow Tubing Injury Suit

    A Pennsylvania appeals court on Tuesday tossed a suit accusing a ski resort of negligently causing a man's severe spinal injury suffered in a snow tubing accident that rendered him a quadriplegic, saying the man failed to prove the resort's actions were reckless or grossly negligent.

  • August 14, 2018

    W.R. Grace Insurers May Be Directly Liable For Asbestos

    The Third Circuit on Tuesday partially revived the claims of victims of asbestos-related ailments against the insurers of bankrupt mining company W.R. Grace & Co., saying the insurers may bear direct liability for the asbestos exposure.

  • August 14, 2018

    Time Expired On Defective Zimmer Hip Implant Claim: Judge

    Saying he was aware of the "harsh nature of this outcome," a Pennsylvania federal court judge on Tuesday reluctantly dismissed a woman's claim that she was injured by a Zimmer prosthetic hip, finding the suit missed the statute of limitations.

  • August 14, 2018

    Privilege Bars Divorce Files In Death Case, Pa. Panel Told

    A hospital fighting claims from the widow of a man who died after receiving allegedly negligent treatment should not be allowed access to privileged material from divorce proceedings the couple were litigating in the run-up to the husband’s death, a Pennsylvania appeals court heard during oral arguments Tuesday.

  • August 14, 2018

    BNY Mellon Says Fed Law Bars Case Alleging Self-Dealing

    A proposed class action lawsuit alleging the Bank of New York Mellon engaged in self-dealing should be dismissed because the case is precluded by the Securities Litigation Uniform Standards Act, the bank told a Pennsylvania federal court.

  • August 13, 2018

    David Boies On How Dyslexia Shaped His Practice

    One of the country’s highest-profile litigators, the Boies Schiller Flexner LLP chairman was diagnosed with dyslexia when he was in his 30s. In an interview with Law360, he talks about practicing law with the learning disability. This article is part of our special report on disability inclusion in the legal industry.

  • August 13, 2018

    BigLaw’s Mental Health Stigma Shows Signs Of Fading

    Sometimes viewed as an “invisible” disability, mental illness has long been forced under wraps because of the risk attorneys could face bias and stigma. Here’s how lawyers, law firms and other groups are starting to take on the status quo. This article is part of our special report on disability inclusion in the legal industry.

  • August 13, 2018

    States Push Back Against Dismissal Bids In Opioid MDL

    Dozens of states slammed a bid by drugmakers and distributor McKesson Corp. to dismiss claims that they fueled the opioid crisis, telling an Ohio federal judge who is overseeing the opioid multidistrict litigation that a state's ability to protect the health of its citizens must not be restricted.

  • August 13, 2018

    FTC Overstepped In Shire FDA Petitions Case, 3rd Circ. Told

    The Federal Trade Commission exceeded its authority in bringing a lawsuit that alleges a Shire PLC unit abused the U.S. Food and Drug Administration’s citizen petition process to delay generic competition for its antibiotic Vancocin and is overstating potential consequences of the lower court’s dismissal, the Washington Legal Foundation has told the Third Circuit.

  • August 13, 2018

    Tenn. Businessman Seeks To Exit Pension Theft Suit In Pa.

    A Tennessee businessman argued Monday that a Pennsylvania federal court has no jurisdiction over him and should dismiss him from a case that alleges one of his business partners illegally drained millions from a central Pennsylvania company's pension plan.

  • August 13, 2018

    Enviros To Fight FERC's PennEast Pipeline Approval In Court

    Environmental groups on Monday said they plan to challenge the Federal Energy Regulatory Commission's approval of the planned $1 billion PennEast gas pipeline, claiming the agency failed to show a need for the project and didn’t consider its potential climate change impacts.

  • August 13, 2018

    Ex-Pa. City Official Cops To Soliciting Bribe From Mayor

    In advance of a federal corruption trial slated to begin next week in Philadelphia, an ex-school board president in Reading, Pennsylvania, admitted in court on Monday that she solicited a bribe from the city’s mayor as he sought to undo a set of local campaign finance rules.

  • August 13, 2018

    Oil And Gas Co. Denied New Trials Over Workers' OT Awards

    A Pennsylvania federal judge turned down an oil and gas contractor's bid for do-overs on a pair of trials that awarded two groups of workers $1 million in back pay for overtime in addition to the sizable per-job bonuses the company already gave them.

  • August 13, 2018

    Split 3rd Circ. Backs CFPB On Probe Of Student Loan Co.

    A divided Third Circuit panel rejected arguments Monday that the Consumer Financial Protection Bureau had too broadly defined the scope of its investigation as it sought documents from Heartland ESCI about potential improprieties in servicing of student loans.

  • August 10, 2018

    How The Legal Industry Lets Down Lawyers With Disabilities

    The dissolution of a five-year-old bar group marks the latest setback for disabled attorneys, who often find little support while navigating an inhospitable industry. This is the first article in a special report on disability inclusion in the legal industry.

  • August 10, 2018

    Gaining Access: Disabled Lawyers Share Their Stories

    In a series of interviews, lawyers tell Law360 how even well-intentioned professors can create barriers, how inclusivity can help a firm’s litigation prowess, and how “inspirational” can be a dirty word. This article is part of our special report on disability inclusion in the legal industry.

  • August 10, 2018

    J&J Can't Ax Pfizer Antitrust Suit Over Remicade Biosimilar

    Pfizer Inc. has credibly shown that Johnson & Johnson may have flouted antitrust laws by coercing health insurers into not covering biosimilar versions of biologic Remicade, a Pennsylvania federal judge said in a ruling released Friday.

  • August 10, 2018

    Crash Victims Slam Bid To Ax Pa. Justice From Immunity Case

    Two women challenging sovereign immunity principles as they seek damages after being struck by transit agency buses are urging a Pennsylvania Supreme Court justice not to recuse himself from their cases because of criticism he lobbed before taking the bench at a ruling upholding limits on awards against governmental entities.

Expert Analysis

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • Awaiting Clarity On Fluctuating Workweek In Pa.

    Jeffrey Cadle

    Now that the Pennsylvania Supreme Court has allowed the state Superior Court's decision in Chevalier v. General Nutrition Centers to be appealed, it is possible that the fluctuating workweek method — an alternative for employers to calculate overtime pay for salaried employees — could be explicitly adopted in the state, says Jeffrey Cadle of Obermayer Rebmann Maxwell & Hippel LLP.

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.

  • Federal Law Both Sword And Shield In Cannabis Litigation

    Matthew Pierce

    While federal law prohibits the use of marijuana under any circumstances, the cannabis industry continues growing rapidly as more U.S. states legalize its use. The conflicting legal regimes have led to surprising, sometimes counterintuitive results in litigation and bankruptcy cases, says Matthew Pierce of Landis Rath & Cobb LLP.

  • Series

    Clerking For Ginsburg: 3 Surprises

    David Post

    It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.

  • Series

    Clerking For Ginsburg: A Superhero Supreme

    Burden Walker

    As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.

  • Series

    Clerking For Ginsburg: 4 RBG Lessons On Having It All

    Rachel Wainer Apter

    Justice Ruth Bader Ginsburg is everything she is cracked up to be​ — f​eminist icon​, brilliant jurist​, fierce dissenter. She is also an incredible boss, mentor and friend.​ ​Her advice has shaped how I have tried to balance building a career and ​raising children, says Rachel Wainer Apter, counsel to the New Jersey attorney general.

  • Series

    Clerking For Ginsburg: How To Play The Long Game

    Arun Subramanian

    One of us was a clerk when Justice Ruth Bader Ginsburg read her Ledbetter dissent from the bench, inviting Congress to act, and the other clerked a few years later, when RBG's prominently displayed copy of the Lilly Ledbetter Fair Pay Act served as a daily reminder that dissents are not just for show, say Arun Subramanian and Mark Musico of Susman Godfrey LLP.

  • What District Courts Are Saying About Admissibility Of IPR

    David Cavanaugh

    Given the frequency with which inter partes reviews are utilized in tandem with district court litigation to resolve patent disputes, the question that practitioners are starting to face with some regularity is whether, and to what extent, IPR decisions are admissible in district court litigation, say attorneys with WilmerHale.

  • 'Ban The Box' Turns 20: Decoding The Current Framework

    Stephen Woods

    Twenty years ago, the first state "ban the box" law crystallized a movement that, in time, would yield similar background check restrictions across the U.S. The result is a crisscrossing jumble of requirements, putting employers in a difficult position when dealing with applicants in different jurisdictions, say attorneys with Ogletree Deakins Nash Smoak & Stewart PC.