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Pennsylvania
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May 15, 2024
Water Co. To Pay $8.5M Criminal Fine Over Accounting Claims
Wastewater treatment company Evoqua Water Technologies Corp. has reached an $8.5 million agreement with federal prosecutors allowing the company to avoid criminal charges for allegedly inflating the company's revenue by $36 million.
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May 15, 2024
Auto Max Must Face Suit Over Transport Driver Injury
A Pennsylvania federal judge on Wednesday said a vehicle transporter's claims that he was injured because Auto Max Corp. failed to tell him that a truck he was moving was inoperable should go to a jury.
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May 15, 2024
3rd Circ. Says Pa. City Isn't Covered In Cop's Employment Suit
A Pennsylvania city cannot obtain coverage for underlying litigation brought by a police officer who has repeatedly sued the city, as his present suit is related to previous ones and is therefore excluded by the policy, the Third Circuit said Wednesday.
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May 15, 2024
House Dems Launch Task Force To Address High Court 'Crisis'
A group of House Democrats on Wednesday launched a task force seeking to bring more transparency and accountability to the U.S. Supreme Court.
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May 15, 2024
Data On Harm Intrigues Pa. Justices In Hospital Closure Spat
While tasked with considering how much deference appellate panels must give trial courts in matters involving preliminary injunctions, the Pennsylvania Supreme Court on Wednesday was equally curious about whether one such injunction needed to be supported by data showing that a hospital's closure would irrevocably hurt a Delaware County community.
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May 15, 2024
Anthem Blue Cross Owes $3.8M For COVID Tests, Lab Says
Anthem Blue Cross Blue Shield of Connecticut should be forced to pay nearly $3.8 million for medical laboratory work, including COVID-19 tests, that the insurer either denied, underpaid or failed to acknowledge, according to a federal lawsuit by a New Jersey-based company with facilities in Pennsylvania.
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May 15, 2024
Insurer Secures Early Win In $5M Warehouse Damage Row
An insurer doesn't have to cover over $5 million in damage a property owner said it sustained after a warehouse break-in, a Pennsylvania federal judge ruled, finding that a vacancy provision in a commercial insurance policy wasn't ambiguous and the insurer didn't act in bad faith.
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May 15, 2024
Insurer Wants Payback For Covering Theater Group Theft
An insurance company has asked a Connecticut federal court to force a married couple to pay for coverage it granted a theater education group that it says was bilked out of nearly $588,000 by the pair via personal use of the nonprofit's funds.
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May 15, 2024
Schnader Harrison Moves To Halt Retirement Class Action
Shuttered law firm Schnader Harrison Segal & Lewis LLP has urged a Pennsylvania federal judge to toss a former partner's proposed class claim the firm mismanaged employee retirement money, saying the complaint misclassifies the firm's payments to the retirement fund.
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May 15, 2024
Former Sandoz Executive Avoids Prison In Price-Fixing Case
A Pennsylvania federal judge on Wednesday approved a request from prosecutors and ex-Sandoz Pharmaceuticals executive Hector Armando Kellum for a one-year probation sentence in the generic drug price-fixing case against him, citing his cooperation with the government's investigation into a larger conspiracy.
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May 15, 2024
Philly Landlord Settles Paralegal Assault Case For $6M
The landlord of a Philadelphia office tower will pay $6 million to settle a suit claiming that negligent security allowed a man to sneak into the building and sexually assault a paralegal at a small law firm working upstairs, according to the plaintiff's attorneys.
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May 14, 2024
Hospitals Liable For Failing To Admit Killer, Pa. Justices Told
The Pennsylvania Supreme Court was reminded Tuesday, during oral arguments over whether someone can be officially treated at a hospital without filling out an application, that the case before them concerned a man who killed his girlfriend after he was turned away despite claiming homicidal and suicidal impulses.
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May 14, 2024
Aerospace Co. Hit With $450M Engine Parts Antitrust Suit
RTX Corp. subsidiary Pratt & Whitney got hit with a $450 million antitrust lawsuit by a parts supplier who says the company and its Canadian arm are using illegal agreements to monopolize the aftermarket supply of their PT6 and PW100 turboprop engine components.
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May 14, 2024
Judge Trims More From Prison Phone Co.'s Antitrust Suit
Prison telephone service provider Global Tel Link and a Pennsylvania county now have one fewer claim to face in a lawsuit accusing them of sinking a rival company's chance at winning a contract with the county, after a federal court trimmed away yet another claim.
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May 14, 2024
White House Continues To Back Adeel Mangi For 3rd Circ.
The White House is standing by Adeel Mangi's nomination for the Third Circuit despite the path to confirmation being unclear and the vast opposition he's been facing.
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May 14, 2024
Pa. Justices Vexed By DA Funding In Kleinbard Bill Dispute
The Pennsylvania Supreme Court seemed to want more information Tuesday about the source of the former Lancaster County district attorney's "program funds" before wading into whether the DA had the discretion to spend those funds on Kleinbard LLC's legal fees rather than asking his county commissioners for approval.
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May 14, 2024
What's Behind 'Nuclear' Verdicts? Skeptical Juries, Attys Say
Jurors becoming more skeptical of corporations are handing down sky-high verdicts, and trial attorneys say it's forcing a shift in the strategies they employ as they aim to score — or prevent — so-called nuclear verdicts.
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May 13, 2024
Student Loan Servicer Faces Suit Over Tax Form Data Breach
An education-focused subsidiary of payment processor Global Payments Inc. faces a proposed class action accusing it of negligence after it disclosed that part of its website allowed bad actors unfettered access to certain student tax documents for months at a time.
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May 13, 2024
SEC Tells 3rd Circ. Coinbase Can't Force Crypto Rulemaking
The U.S. Securities and Exchange Commission has told the Third Circuit that it already "reasonably explained" why it denied Coinbase's petition for crypto rulemaking and that it shouldn't have to retool its policy priorities just because crypto firms find it challenging to comply with existing laws.
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May 13, 2024
NJ Fraudster Gets More Prison Time, Owes $6M For Tax Evasion
A New Jersey man who was convicted of dodging taxes on more than $16 million he stole from securities fraud victims was handed a six-year prison sentence — most of which will be served simultaneously with his fraud sentence — and ordered to pay over $6 million in restitution during a Garden State federal court hearing Monday in which he denied the crimes.
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May 13, 2024
Zuckerberg Challenges Basis Of Personal Claims In Meta MDL
Facebook founder Mark Zuckerberg is asking a California federal court to throw out claims against him in multidistrict litigation over social media platforms' allegedly addictive design, saying the personal injury plaintiffs haven't shown he took affirmative actions that would make him personally liable.
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May 13, 2024
Medical Pot Patient Drops Discrimination Suit Against US Steel
A former U.S. Steel Corp. employee who says he was wrongly fired for using medically licensed marijuana off the job has quietly dropped his race and disability discrimination suit against the company, according to a filing in Pennsylvania federal court.
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May 13, 2024
Celebrated Irish Jockey Sues USCIS For Denying EB-1 Visa
An accomplished jockey and steeplechase champion from Ireland is suing U.S. Citizenship and Immigration Services in Pennsylvania federal court, alleging that the agency wrongly denied his 390-plus page application for an EB-1 visa because he didn't respond to a request for additional evidence despite the original petition having ample evidence to support the classification.
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May 13, 2024
Philips Wants Cleaner Co. To Chip In For $1B CPAP Deal
Koninklijke Philips NV has filed a third-party complaint in Pennsylvania federal court against SoClean Inc., which sells cleaning products for breathing devices, claiming SoClean and its parent should contribute to Philips' $1 billion settlement because its cleaners allegedly exacerbated the foam breakdown at the heart of the litigation.
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May 13, 2024
Pa. Supreme Court Snapshot: Kleinbard Bill Battle Starts May
The Supreme Court of Pennsylvania will weigh the spending powers of district attorneys in a Kleinbard LLC bill battle and whether an appeals court overstepped by greenlighting a hospital closure when the May argument lineup begins Tuesday.
Expert Analysis
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Caregiver Flexibility Is Crucial For Atty Engagement, Retention
As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.
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What To Watch As Justices Take Up Title VII Job Transfer Case
With its recent decision to hear Muldrow v. City of St. Louis, the U.S. Supreme Court has agreed to decide whether an involuntary job transfer can count as employment discrimination under Title VII — an eventual ruling that has potential to reshape workplace bias claims nationwide, says Adam Grogan at Bell Law Group.
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How Judicial Privilege Shields Attys Facing Wiretap Violations
A recent ruling from the Commonwealth Court of Pennsylvania, as well as past rulings across the country, indicates that the judicial privilege is applicable to alleged violations of wiretapping laws, so attorneys presented with audio evidence beneficial to their case should not fear being sued, says David Scott at Kang Haggerty.
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Nursing Homes Must Prepare For Ownership Scrutiny
Due to the Centers for Medicare & Medicaid Services' designation of nursing home ownership changes as a high risk category, and increased transparency and notice obligations for changes in skilled nursing facility ownership set to take effect in Pennsylvania in October, owners should anticipate a heightened level of review and delays, say Mark Mattioli and Paula Sanders at Post & Schell.
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In-Office Engagement Is Essential To Associate Development
As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.
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Pointers For Tackling Antitrust Class Action Set-Aside Orders
As federal district courts have increasingly been willing to enter set-aside orders for the benefit of class counsel, varying rulings have made the propriety of such orders in antitrust class actions a thorny issue — so attorneys should time their filings strategically and explore opportunities for cost-sharing, say William Reiss and Laura Song at Robins Kaplan.
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Perspectives
A Judge's Pitch To Revive The Jury Trial
Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.
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Rebuttal
Mallory Ruling Doesn't Undermine NC Sales Tax Holding
Contrary to the conclusion reached in a recent Law360 guest article, the U.S. Supreme Court’s recent Mallory ruling shouldn't be read as implicitly repudiating the North Carolina Supreme Court’s sales tax ruling in Quad Graphics v. North Carolina Department of Revenue — the U.S. Supreme Court could have rejected Quad by directly overturning it, says Jonathan Entin at Case Western Reserve.
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How To Recognize And Recover From Lawyer Loneliness
Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.
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Opinion
Litigation Funding Disclosure Should Be Mandatory
Despite the Appellate Rules Committee's recent deferral of the issue of requiring third-party litigation funding disclosure, such a mandate is necessary to ensure the even-handed administration of justice across all cases, says David Levitt at Hinshaw.
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Recalling USWNT's Legal PR Playbook Amid World Cup Bid
As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.
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Opinion
Justices' Job Transfer Review Should Hold To Title VII Text
The U.S. Supreme Court's upcoming decision in Muldrow v. City of St. Louis should hold that a job transfer can be an adverse employment action, and the analysis should be based on the straightforward language of Title VII rather than judicial activism, say Lynne Bernabei and Alan Kabat at Bernabei & Kabat.
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11th Circ. Ruling May Impede Insurers' Defense Cost Recoup
The Eleventh Circuit's recent Continental Casualty v. Winder Laboratories ruling that insurers cannot obtain reimbursement of defense costs from their insureds where the policy itself does not require such reimbursement is likely to be cited as persuasive authority in Georgia and other states without clear precedent on the issue, say Christy Maple and Robert Whitney at Phelps Dunbar.
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Immigration Program Pitfalls Exacerbate Physician Shortages
Eliminating shortcomings from U.S. immigration regulations and policies could help mitigate the national shortage of physicians by encouraging foreign physicians to work in medically underserved areas, but progress has been halted by partisan gridlock, say Alison Hitz and Dana Schwarz at Clark Hill.
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Perspectives
Mallory Gives Plaintiffs A Better Shot At Justice
Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.