Pennsylvania

  • September 23, 2024

    3rd Circ. Probes SEC's 'Close To Vacuous' Reply To Coinbase

    Members of a Third Circuit panel on Monday pressed the U.S. Securities and Exchange Commission on its brief denial of crypto exchange Coinbase's request for rulemaking around digital assets, digging into how much of an explanation the agency owes the industry about its decision to forego setting rules for now.

  • September 23, 2024

    3rd Circ. Revives $60M Moroccan Hotel Award Fight

    The Third Circuit has sent a decision over a $60 million arbitral award favoring the Royal Mansour Hotel's current owner back to a lower court for further consideration, saying the company has plausibly argued that it didn't cause the Moroccan establishment to fall into financial ruin.

  • September 23, 2024

    States, Enviros Urge USPS Vehicle Plan Challenge To Proceed

    States and environmentalists have pushed back against the U.S. Postal Service and Oshkosh Defense's efforts to end a lawsuit alleging the USPS' multibillion-dollar delivery vehicle acquisition plan violates environmental law, saying the plan was inadequate and would harm them.

  • September 23, 2024

    PNC, Plaid End Legal Battle With Customer Data-Sharing Deal

    PNC Financial Services Group and Plaid have reached an agreement to end nearly four years of trademark litigation that allows PNC customers to use Plaid to share their financial data with fintech companies like Venmo and Cash App.

  • September 23, 2024

    Vanguard Agrees To Settle Investors' Tax Liability Suit

    Vanguard agreed to settle a proposed class action by investors who accused the company of violating its fiduciary duties when it triggered a sell-off of assets that left them with massive tax bills, according to a Pennsylvania federal court order Monday.

  • September 23, 2024

    Profs, Retired Judges Ask Justices To Uphold Return Of Taxes

    Two former bankruptcy judges and a group of law professors threw their support behind the bankruptcy trustee of a Utah transportation company seeking to convince the U.S. Supreme Court that the IRS, like any other creditor, should have to return payments deemed fraudulent under state law.

  • September 23, 2024

    3rd Circ. Vexed By Time-Tracking Role In $22M Wage Case

    The Third Circuit contemplated on Monday whether a Pennsylvania battery manufacturer shorted workers $22 million for time they spent putting on and taking off protective gear, with one judge questioning the employer's stance that it was the workers' responsibility to track their donning and doffing time. 

  • September 23, 2024

    Penn Law Professor Sanctioned For Discriminatory Remarks

    A professor at the University of Pennsylvania Carey Law School will be sanctioned for making "sweeping and derogatory generalizations about groups by race, ethnicity, gender, sexual orientation, and immigration status," according to university documents made available Monday.

  • September 23, 2024

    NC Man Gets 100 Mos. For Fleecing Attys In 'Collection' Scam

    A North Carolina man has been sentenced to more than eight years in federal prison after a Pennsylvania jury found him guilty on charges of mail, bank and wire fraud stemming from an international scheme to bilk attorneys out of millions of dollars.

  • September 23, 2024

    Pa. Judge Commended For Admitting Error In Med Mal Case

    A Pennsylvania appeals court on Thursday signed off on a Philadelphia trial court judge's opinion acknowledging that his dismissal of two defendants from a medical malpractice suit used the wrong precedent. The appeals court also reversed the dismissal and praised the judge for recognizing his error.

  • September 23, 2024

    Labor Attorney Who Leveled MLB Playing Field Dies At 93

    Richard M. Moss, an attorney-turned-sports-agent who won free agency for baseball players and made star pitcher Nolan Ryan the first-ever professional athlete to score a $1 million contract for a single season, died over the weekend at age 93.

  • September 20, 2024

    Real Estate Recap: Infrastructure Rally, Insurance Reckoning

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including revived interest in infrastructure-focused funds and the next installment in a new series exploring the effects of extreme weather on the property insurance market.

  • September 20, 2024

    3rd Circ. CFPB Ruling Threatens Securitization, Justices Told

    Two major trade groups for the securities industry have urged the U.S. Supreme Court to review a Third Circuit decision allowing the Consumer Financial Protection Bureau to exercise enforcement authority over a collection of student loan securitization trusts, slamming the ruling as wrong and dangerous.

  • September 20, 2024

    States Tell 10th Circ. To Back Colo. Interest Rate Opt-Out Law

    Attorneys general for 13 states and Washington, D.C., asked the Tenth Circuit on Friday to uphold a Colorado law imposing more restrictive interest rate caps on loans made to its residents by out-of-state banks, arguing that a federal judge's injunction "nullifies the authority granted to states by Congress" to protect consumers from abusive lending practices.

  • September 20, 2024

    3rd Circ. Rejects 'Close' Case For Preemption In Fosamax MDL

    A U.S. Food and Drug Administration letter denying changes to the label of Merck's osteoporosis drug Fosamax does not count as a final agency action triggering federal preemption of state law "failure to warn" claims, the Third Circuit ruled Friday in a precedential decision.

  • September 20, 2024

    Getting Around ITC Was 'Sneaky,' Judge Tells Caterpillar

    A Delaware court has held that Caterpillar owes about $19.5 million in a patent case, citing in part the company's "sneaky" decision to domesticate manufacturing after a setback in a related infringement case at the U.S. International Trade Commission, while also finding that Caterpillar is subject to a rare injunction blocking the sale of some of its road construction machines.

  • September 20, 2024

    Del. Justices Uphold Toss Of AmerisourceBergen Syringe Suit

    Delaware's Supreme Court upheld with little comment Friday a lower court dismissal of a nearly 5-year-old shareholder derivative suit accusing AmerisourceBergen Corp. directors of failing to investigate and stop illegal repackaging of cancer drugs.

  • September 20, 2024

    Insurer Settles Conn. Suit Over Theft From Theater Group

    Philadelphia Indemnity Insurance Co. has settled a dispute with a Florida couple who the insurer says bilked its policyholder, a theater education group, out of nearly $588,000 for their own personal use.

  • September 20, 2024

    Doctor Can't Secure Disability Coverage, 3rd Circ. Affirms

    An ophthalmologist cannot secure total-disability benefits from his occupational disability insurer after he was diagnosed with a nerve condition preventing him from performing surgeries, the Third Circuit ruled, noting he still maintained his practice even after he stopped performing the surgeries.

  • September 20, 2024

    Entrepreneur Says Partners Stiffed Him On Testing Site Deal

    A Pittsburgh entrepreneur says he had a deal with three Omaha, Nebraska-based businessmen to help them open COVID-19 testing labs in Ohio and Pennsylvania in the early days of the pandemic, but is still owed $2 million, according to a lawsuit filed Friday in Pennsylvania state court.

  • September 20, 2024

    Panera Can't Delay Trial Over Shook Hardy Attys' Schedule

    A Pennsylvania federal judge denied Panera Bread's repeated requests to delay a wrongful death trial, finding the restaurant chain will not be prejudiced if its desired Shook Hardy & Bacon LLP counsel cannot attend, as "plenty" of Shook Hardy lawyers can stand in, the judge said.

  • September 20, 2024

    Court Rejects Jerry Sandusky's Atty Pressure Tactics Theory

    A Pennsylvania state appeals court has denied convicted pedophile and former Penn State football assistant coach Jerry Sandusky's latest request for a retrial, rejecting his claims that new evidence showed accusers were pressured by an attorney to sue and that several underwent "repressed memory therapy" in order to recount false memories of abuse.

  • September 20, 2024

    Steel Biz Investors Sue Atty Over 'Father-Son'-Like Conflict

    A Pennsylvania couple have filed a malpractice suit accusing a lawyer of helping a steel distribution company induce them into investing about $800,000 and defrauding them, saying the attorney didn't disclose his relationship with the company's owners and "father-son"-like bond with one of them.

  • September 19, 2024

    Dems Seek School Lunch 'Junk Fee' Ban After CFPB Report

    A group of Democratic senators has called on the Biden administration to crack down on payment processing fees in school lunch programs, citing a recent Consumer Financial Protection Bureau report that raised concerns about the charges parents pay to fund their kids' online lunch money accounts.

  • September 19, 2024

    Feds Can't Order $31M To Refill Class Funds, 3rd Circ. Told

    A New Jersey man convicted for stealing $40 million from settlements in stockholder class actions told a Third Circuit panel Thursday the multimillion-dollar restitution ordered at his sentencing is unlawful and should be vacated, arguing that the settlements weren't harmed.

Expert Analysis

  • Unpacking Jurisdiction Issues In 3rd Circ. Arbitration Ruling

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    The Third Circuit's recent ruling in George v. Rushmore Service Center could be interpreted to establish three principles regarding district courts' jurisdiction to enter arbitration-related orders under the Federal Arbitration Act, two of which may lead to confusion, says David Cinotti at Pashman Stein.

  • Why Attorneys Should Consider Community Leadership Roles

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    Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.

  • How NJ Temp Equal Pay Survived A Constitutional Challenge

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    The Third Circuit recently gave the New Jersey Temporary Workers' Bill of Rights a new lease on life by systematically dismantling multiple theories of the act's unconstitutionality brought by staffing agencies hoping to delay their new equal pay and benefits obligations, say attorneys at Duane Morris.

  • Firms Must Offer A Trifecta Of Services In Post-Chevron World

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    After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.

  • 5 Tips To Succeed In A Master Of Laws Program And Beyond

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    As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.

  • Series

    Being An Opera Singer Made Me A Better Lawyer

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    My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.

  • How Law Firms Can Avoid 'Collaboration Drag'

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    Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.

  • Philly Project Case Renews Ongoing Fraud Theory Tug-Of-War

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    In its upcoming term, the U.S. Supreme Court will hear Kousisis v. U.S., a case involving wire fraud convictions related to Philadelphia bridge repair projects, and may once again further rein in prosecutorial attempts to expand theories of fraud beyond core traditional property rights, say Jonathan Halpern and Kyra Rosenzweig at Holland & Knight.

  • Opinion

    Litigation Funding Disclosure Key To Open, Impartial Process

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    Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.

  • What NFL Draft Picks Have In Common With Lateral Law Hires

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    Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.

  • Considering Noncompete Strategies After Blocked FTC Ban

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    A Texas district court's recent decision in Ryan v. Federal Trade Commission to set aside the new FTC rule banning noncompetes does away with some immediate compliance obligations, but employers should still review strategies, attend to changes to state laws and monitor ongoing challenges, say attorneys at Baker McKenzie.

  • Replacing The Stigma Of Menopause With Law Firm Support

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    A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.

  • Planning Law Firm Content Calendars: What, When, Where

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    During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.

  • Notable Q2 Updates In Insurance Class Actions

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    Mark Johnson and Mathew Drocton at BakerHostetler discuss the muted nature of the property and casualty insurance class action space in the second quarter of the year, with no large waves made in labor depreciation and total-loss vehicle class actions, but a new offensive theory emerging for insurance companies.

  • Series

    Playing Golf Makes Me A Better Lawyer

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    Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.

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