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Pennsylvania
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January 30, 2025
Hotel Guests Get Backing For Algorithmic Pricing Suit
Hotel guests accusing a group of Atlantic City properties of using shared software to fix room rates are getting a helping hand in their Third Circuit fight to revive their suit from antimonopoly interest groups, who filed in separate amicus briefs in support of their effort this week.
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January 30, 2025
Disabled Clients Employed Pa. Workers, Not Co., Judge Says
A Medicaid-funded home care company is not liable for the unpaid wages a group of home care workers claimed it owed them because the company functioned more as a "fiscal manager" than an employer, a Pennsylvania federal judge ruled Thursday.
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January 30, 2025
Nutrisystem Hit With Privacy Suit In Philly
Philadelphia-based diet food company Nutrisystem has been hit with a potential class action alleging that it shared customer information with a web tracking company without users' consent.
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January 30, 2025
Telecom Loses $23M Pa. Tax Case Over Private Line Services
A telecommunications company is liable for $23 million in gross receipts tax assessed on its services' fees because the private line services it contested were not exempt, the Pennsylvania Commonwealth Court held.
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January 30, 2025
Storage Co. Says Rothman Gordon Left Behind Files, Big Bills
The defunct Pittsburgh law firm Rothman Gordon PC has left thousands of file boxes in storage at a contractor's warehouse without paying, and is insisting that the contractor go through the stored records to return files to former clients, according to a lawsuit the storage company filed in Pennsylvania state court.
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January 30, 2025
Pa. Pot Panels Not 'Arbitrary' In Assigning Different Scores
A Pennsylvania appeals panel rejected a petition from a dispensary owner who challenged the state Department of Health's denial of one of his applications, finding the DOH wasn't arbitrary just because two of his proposed locations received different scores on their identical applications.
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January 30, 2025
Wachtell Repping Penn Entertainment Amid Activist Pressure
Sports content and casino gaming experiences provider Penn Entertainment Inc. has tapped Wachtell as it faces a proxy contest from activist investor HG Vora Capital Management, which has nominated three director candidates and ripped the company's existing board as having "wasted billions on online sports betting investments despite zero industry expertise or credibility."
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January 29, 2025
Cities Urge Judges To Halt Trump Birthright Citizenship Order
Local governments and officials representing more than 70 jurisdictions spanning 24 states expressed support on Wednesday for a nationwide pause on President Donald Trump's order restricting birthright citizenship, warning federal judges the mandate will otherwise fuel administrative dysfunction and detract from publicly funded programs.
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January 29, 2025
Small Biz Org Can't Jump Into 5th Circ. Noncompete Ban Case
A Fifth Circuit judge has summarily refused to permit an entrepreneurs group to intervene in support of the Federal Trade Commission's currently blocked noncompete ban, an intervention sought in case the commission opts to abandon its defense.
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January 29, 2025
3rd Circ. Says DOE Pool Pump Rule Detractor Failed To Object
A Third Circuit panel unanimously denied on Wednesday a swimming pool pump manufacturer's challenge of the U.S. Department of Energy's conservation standards for pump motors, ruling that the company had waived its argument.
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January 29, 2025
Firm Sued Over Ex-Eagles Player's $43.5M Knee Injury Verdict
A medical clinic says it was saddled with paying $16 million of a $43.5 million verdict after its attorneys at O'Brien & Ryan LLP failed to properly negotiate a settlement with former Philadelphia Eagles player Chris Maragos in a lawsuit over the treatment of his career-ending injury.
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January 29, 2025
3rd Circ. Skeptical Of Philly Firm's Ch. 7 Case Fee Quest
The Third Circuit on Wednesday seemed skeptical that Spector Gaden Rosen Vinci PC properly informed a bankruptcy court of the billing and services provided to a couple in a Chapter 7 case in which a judge sanctioned the firm for violating disclosure rules, a matter that left one appeals judge "shocked" at the Philadelphia firm's alleged shortfall.
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January 29, 2025
Ex-Allied World Executive Gets Prison, Must Repay $1.2M
A former executive and claims handler at Allied World Insurance Co. will serve 20 months in prison and must repay $1.2 million he admitted to scamming from the company for phony construction work and kickbacks from vendors, federal prosecutors in Connecticut announced Tuesday.
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January 28, 2025
Allegheny Health Network Hit With Data Breach Claims
A Pittsburgh-based healthcare system failed in its responsibility to keep its patients' private health information secure from cybercriminals who breached databases maintained by an information technology contractor, a Pennsylvania woman claimed in a proposed class action.
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January 28, 2025
Ex-Athletic Director Accuses Pa. District Of Pregnancy Bias
A former Pennsylvania school district athletic director sued her old employer Tuesday alleging she faced a hostile work environment and was ultimately fired for giving birth to her second child.
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January 28, 2025
Pa. Bank Regulator Claims Co. Hid Affiliation, Misused Privilege
A Texas debt-settlement company should be sanctioned for failing to disclose its alleged affiliation with another debt consolidator and for invoking attorney-client privilege when pressed about how its general counsel complied with a subpoena, Pennsylvania's banking regulator told a state court Tuesday.
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January 28, 2025
Pa. Justices Won't Hear 3rd Circ. Pot Deportation Question
In a split decision, the Pennsylvania Supreme Court has opted not to take up a question from the Third Circuit on whether a man from the Dominican Republic can be automatically deported for a possession with intent to deliver charge without specific proof of the drug he had in his possession.
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January 28, 2025
Wealth Manager Cops To Funding Lifestyle With Client Money
A suburban Philadelphia investment adviser pled guilty in federal court Tuesday morning to charges that he stole more than $20 million of his clients' money, which he spent on international travel, country club dues, and a stake in a New Jersey mini golf course.
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January 27, 2025
3rd Circ. Says Class Cert. Won't Work In Junk Fax Suit
Since Fox Rehabilitation Services used "highly individualized methods" to seek consent from the entities it sent faxes to, it would be too difficult for a lawsuit accusing the company of sending unsolicited ads to proceed as a class action, a split Third Circuit panel has ruled.
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January 27, 2025
Pa. Social Club Can't Revive COVID-19 Coverage Suit
The Pennsylvania Superior Court on Monday backed the dismissal of a Scranton social club's suit seeking to recover pandemic-related losses, citing the state high court's landmark ruling last year that physical loss or damage requires tangible alteration to property.
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January 27, 2025
Late NFL QB's Family Can't Block Widow Over Documentary
The family of deceased NFL quarterback Dwayne Haskins Jr. can't get a court order barring his widow from undermining or trying to stop the release of a documentary his family commissioned because she did not actually take any actions against the project, a Pennsylvania federal judge ruled Monday.
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January 27, 2025
Norfolk Southern Can't Block Expert Testimony On Derailment
A railcar inspector with over 45 years of experience is clear to testify against Norfolk Southern in litigation over the 2023 train derailment and chemical spill in East Palestine, Ohio, a federal judge has ruled, rejecting the rail company's argument that he was not qualified to opine on certain train safety equipment.
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January 27, 2025
Meet The Attys Surrounding Pa. Wealth Manager In Fraud Case
By the time Scott Mason and his company Rubicon Wealth Management were hit with criminal and regulatory enforcement claims alleging he stole $20 million from clients, the suburban Philadelphia wealth manager was already defending multiple civil lawsuits in Pennsylvania state court.
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January 27, 2025
Arrested Atty Can't Sue Sheriff's Office Either, Pa. Judge Says
A Pennsylvania federal judge on Monday dismissed the last of a group of Allegheny County government officials and entities named as defendants in a lawsuit filed by two brothers who claimed they were unlawfully detained when they failed to meet discovery deadlines in a separate case.
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January 27, 2025
Wesco Will Pay $2.25M To End 401(k) Fee Suit
Electrical equipment company Wesco Distribution Inc. will pay $2.25 million to end a proposed class action from employee 401(k) plan participants who alleged their retirement plan was mismanaged, after the Third Circuit had revived the suit in May.
Expert Analysis
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Avoiding Corporate Political Activity Pitfalls This Election Year
As Election Day approaches, corporate counsel should be mindful of the complicated rules around companies engaging in political activities, including super PAC contributions, pay-to-play prohibitions and foreign agent restrictions, say attorneys at Covington.
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Opinion
Congress Must Do More To Bolster ERISA Protections
As the Employee Retirement Income Security Act turns 50 this month, we applaud Congress for championing a statute that protects worker and retiree rights, but further action is needed to ban arbitration clauses in plan provisions and codify regulations imperiled by the U.S. Supreme Court’s Chevron ruling, say Michelle Yau and Eleanor Frisch at Cohen Milstein.
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Unpacking Jurisdiction Issues In 3rd Circ. Arbitration Ruling
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.
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Why Attorneys Should Consider Community Leadership Roles
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.
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How NJ Temp Equal Pay Survived A Constitutional Challenge
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.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
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.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
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.
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Series
Being An Opera Singer Made Me A Better Lawyer
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.
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How Law Firms Can Avoid 'Collaboration Drag'
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.
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Philly Project Case Renews Ongoing Fraud Theory Tug-Of-War
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.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
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.
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What NFL Draft Picks Have In Common With Lateral Law Hires
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.
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Considering Noncompete Strategies After Blocked FTC Ban
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.
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Replacing The Stigma Of Menopause With Law Firm Support
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.
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Planning Law Firm Content Calendars: What, When, Where
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.