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Pennsylvania
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January 06, 2025
No Fox Philly License Hearing Means 'Dereliction,' FCC Told
With just two weeks left before President-elect Donald Trump takes office and Republicans gain control of the Federal Communications Commission, a group of anti-Fox News advocates are calling out the commission for failing to hold any hearings on Fox's Philadelphia affiliate's license renewal.
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January 06, 2025
Pa. Paper Fights NLRB's 'Rare' Injunction Bid At 3rd Circ.
The publisher of the Pittsburgh Post-Gazette challenged the National Labor Relations Board's "rare" injunction motion to make it bargain with a union and rescind unilateral changes to healthcare benefits, telling the Third Circuit that the newspaper lawfully asserted an impasse in talks.
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January 06, 2025
Pa. Lawmaker's 'Defamatory' Memo Is Deemed Immune
Legislative immunity protects a Pennsylvania state senator from an energy executive's claims that he was defamed with a memo about legislation to close a legal loophole associated with his name, according to a ruling from a state appellate court.
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January 06, 2025
Pa. Panel Permits Stacked UIM Benefits Within Same Policy
A woman severely injured in a motorcycle accident is entitled to underinsured motorist coverage under the same policy that directly covered the motorcycle, the Pennsylvania Superior Court ruled, finding that because she held a separate policy providing underinsured benefits, stacking was permitted under the former policy.
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January 06, 2025
Convicted Atty Who 'Lost Everything' Fights To Keep License
A Philadelphia-based personal injury attorney who was convicted for not paying income tax on more than $8 million in revenue he earned and for failing to pay almost $60,000 in payroll taxes argued Monday he should not permanently lose his ability to practice law in New Jersey.
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January 06, 2025
Pa. Coal Co. Hits Ch. 11 With Up To $50M In Debt, Sale Plans
Corsa Coal Corp., which operates coal mines in Pennsylvania and Maryland, filed for bankruptcy Monday saying it planned to sell itself in Chapter 11 after it wasn't able to secure a U.S. Department of Agriculture-backed loan fast enough to refinance some $16.3 million of debt.
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January 06, 2025
Disney Buy Ends Fubo Sports Streaming Suit
Disney and Fubo announced a deal Monday morning to combine the streaming startup with Disney's Hulu + Live TV business, in an agreement that ends Fubo's lawsuit that had so far successfully challenged a three-way live sports streaming joint venture between Disney's ESPN, Fox and Warner Bros. Discovery.
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January 06, 2025
Nippon, US Steel Hit Back With Suits After Biden Blocks Deal
Japan's Nippon Steel Corp. and U.S. Steel Corp. have filed two lawsuits following President Joe Biden's Friday decision to block their planned $14.9 billion merger, claiming Monday that the deal was blocked for "purely political reasons."
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January 03, 2025
3rd Circ. Won't Hit Brakes On NY Congestion Toll Launch
New York City's highly litigated congestion pricing toll program began Sunday morning after the Third Circuit denied an emergency motion for an injunction to delay it while an appeal by the state of New Jersey unfolds.
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January 03, 2025
Real Estate Recap: All Eyes On '25
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including what the experts think is in store for 2025.
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January 03, 2025
Ex-Locke Lord IP Pros To Build Buchanan Chicago Office
More than a dozen intellectual property pros from Locke Lord LLP, which officially merged with Troutman Pepper on Wednesday, are moving over to Buchanan Ingersoll & Rooney PC, and most of them are going to be part of launching the firm's new office in Chicago.
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January 03, 2025
Student Loan Servicer Gets CFPB Deal Paused Amid Appeal
Student-loan servicer Pennsylvania Higher Education Assistance Agency can pause its work on fulfilling a settlement with the Consumer Financial Protection Bureau while an appeal to the Third Circuit of an "intertwined" settlement with the loan holders plays out, a federal judge ruled Friday.
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January 03, 2025
Pa. Court Says State Can Bar Compromised Voting Machines
Pennsylvania's top election official had the power to rescind Fulton County's permission to use its Dominion electronic voting machines, after county officials allowed third parties to inspect them following the 2020 election, a state appellate court has ruled.
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January 03, 2025
Honeygrow Accused Of Taxing Bottled Water At Pa. Location
Philadelphia-based restaurant chain Honeygrow unjustly profited from charging 6% sales tax for bottled water at one of its locations in violation of Pennsylvania law, a new class action lawsuit filed in state court alleged.
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January 03, 2025
Hertz Off The Hook For $337M Bond In Claim Recalculation Tiff
A Delaware bankruptcy judge said Hertz Corp. doesn't need to post a $337.4 million bond while she uses an appeals court decision on underpaid interest to recalculate a group of unsecured noteholders' claims, writing the request would alter Hertz's more than 3-year-old Chapter 11 plan and give the noteholders better treatment than other creditors.
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January 03, 2025
AIG Seeks $302K For Water Damage At NFL Player's NJ Home
An AIG insurer said it's entitled to recover nearly $302,000 from a contractor and plumbing company for flood damage to a Philadelphia Eagles player's Garden State home, telling a New Jersey federal court that the companies improperly installed the wrong piece of hardware when renovating the property.
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January 03, 2025
DE Shaw Rips Air Products' CEO Succession Plan Failure
Activist investment firm The D.E. Shaw Group on Friday slammed the board of directors of industrial gas supplier Air Products and Chemicals Inc., accusing it of failing to manage an effective CEO succession process, and called for a change in the board's composition and the retirement of the company's current CEO.
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January 03, 2025
Pa. Homebuyers Say Broker Misled Them On Chicken Ban
A pair of Pennsylvania homebuyers told a state court on Jan. 2 they have buyer's remorse after being misled by broker Coldwell Banker Real Estate Services LLC about a homeowners association's ban on chickens living on their property.
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January 03, 2025
Biden Blocks $14.9B US Steel-Nippon Deal
President Joe Biden on Friday formally blocked the planned $14.9 billion merger between Japan's Nippon Steel and U.S. Steel, making good on a prior pledge to keep the latter steelmaker U.S.-owned in one of his final flexes of executive power over cross-border deals.
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January 02, 2025
3rd Circ. Again Remands Honduran Woman's Removal Order
The Third Circuit on Thursday again remanded a Honduran woman's removal order challenge back to the Board of Immigration Appeals, saying the agency made mistakes when considering whether she rebutted a presumption that an immigration hearing notice was delivered to her.
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January 02, 2025
Comcast Foe Fails To Resurrect Patent Case Over Xfinity App
The full Federal Circuit on Thursday denied a request to look at a decision overturning a Delaware federal jury's infringement verdict in favor of a small California company that has been suing Comcast over patent claims for the past five years.
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January 02, 2025
Monsanto Appeals $175M Roundup Verdict In Pa.
Bayer AG unit Monsanto has asked the Pennsylvania Superior Court to overturn a Philadelphia jury's award of $175 million to a man who claimed Roundup weedkiller caused his cancer, arguing that a court officer coerced the jury into coming up with a verdict that was not based on science.
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January 02, 2025
Bankrupt Pa. City Must Remit Casino Revenue, County Argues
Pennsylvania's Delaware County has asked the Third Circuit to undo a bankruptcy court's ruling that the financially ailing city of Chester is excused from paying the county revenue from gambling taxes because of the city's Chapter 9 proceedings, despite an ordinance mandating that the county get a cut of the money.
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January 02, 2025
Feds Ink $1B Supply Deal With Constellation Nuke Plants
The U.S. General Services Administration said Thursday it has cut the largest energy procurement deal in its history after purchasing 10 million megawatt-hours of electricity from Baltimore-based Constellation New Energy Inc. in combined energy contracts totaling more than $1 billion.
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January 01, 2025
Trump Begins 2nd Term With At Least 45 Judge Seats To Fill
Incoming President Donald Trump will take office Jan. 20 with 45 seats on the federal bench to fill. Currently, there are 39 empty seats on U.S. district and circuit courts and 6 pending vacancies due to announced retirements and plans to take senior status, three of which opened on Dec. 31 and another that opened Jan. 2.
Expert Analysis
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After Chevron
Since the U.S. Supreme Court overturned the Chevron deference standard in June, this Expert Analysis series has featured attorneys discussing the potential impact across 37 different rulemaking and litigation areas.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Class Actions At The Circuit Courts: June Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers two recent decisions from the Third and Tenth Circuits, and identifies practice tips around class action settlements and standing in securities litigation.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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Lower Courts May Finally Be Getting The Memo After Ciminelli
A year after the U.S. Supreme Court again limited prosecutors' overbroad theories of fraud in Ciminelli v. U.S., early returns suggest that the message has at least partially landed with the lower courts, spotlighting lessons for defense counsel moving forward, says Kenneth Notter at MoloLamken.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.