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Pennsylvania
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January 23, 2025
In-House Atty For Natural Gas Co. Joins McGuireWoods In Pa.
A former in-house attorney for Equitrans Midstream Corp. who helped the natural gas supplier complete a $35 billion merger with EQT Corp. has left the company to join the McGuireWoods LLP's Pittsburgh office, the firm announced Thursday.
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January 23, 2025
15 States Reach $7.4B Settlement With Sackler Family
A bipartisan coalition of states on Thursday announced a $7.4 billion settlement in principle with the Sackler family and their company Purdue Pharma Inc., representing the largest settlement to date with the family accused of contributing significantly to the opioid epidemic.
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January 22, 2025
American, JetBlue Ink $1.9M Atty Fee Deal After Antitrust Loss
A Massachusetts federal judge signed off Tuesday on a settlement requiring American Airlines and JetBlue to cover $1.9 million worth of legal fees that a group of state attorneys general spent successfully challenging the two airlines' Northeast Alliance joint venture as anticompetitive.
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January 22, 2025
Pa. Justices: NGA Doesn't Bar State Board's Permit Reviews
Pennsylvania's Environmental Hearing Board should have heard challenges to state regulators' approval of a natural gas compressor station, not dismissed them for lack of jurisdiction, Pennsylvania justices said Wednesday, ruling that the board's consideration of such disputes is not preempted by the federal Natural Gas Act.
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January 22, 2025
FCC Revisits Complaints Against Major Network Broadcasters
The Republican-led Federal Communications Commission on Wednesday reinstated complaints of alleged news distortion against ABC, CBS and NBC stations that the agency tossed in the final days of the Biden administration.
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January 22, 2025
Judge Won't Toss Bulk Of Chrysler Minivan MDL Claims
A Michigan federal judge has declined to significantly pare back multidistrict litigation over a risk of spontaneous explosion in certain Chrysler plug-in hybrid minivans, denying Chrysler's bid to toss fraud and other claims.
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January 22, 2025
Pa. Justices Revive Case Over Hospital Care Discontinuation
Pennsylvania's highest court on Wednesday ruled a trial court had reasonable grounds to halt plans by now-bankrupt hospital operator Prospect Medical Holdings Inc. to discontinue emergency and acute care services at a Delaware County facility.
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January 22, 2025
Pa. High Court To Mull Ballot-Date Issue Spurned By Justices
After turning down several requests to take up the issue before the 2024 election, the Pennsylvania Supreme Court has said it will consider whether rules against counting mail-in ballots that have missing or incorrect dates on their outer envelopes violate the state's constitution.
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January 22, 2025
Hotel Guests Urge 3rd Circ. To Revive Algorithmic Pricing Suit
Guests accusing Atlantic City hotel-casino owners of inflating room rates by using the same software have told the Third Circuit that a lower court was wrong to rely on a similar case targeting room rates in Las Vegas when dismissing their claims.
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January 22, 2025
Full DC Circ. Stands By Wipeout Of FERC Pipeline Approvals
The D.C. Circuit has rejected Williams Cos.' requests to reconsider a panel's decision scrapping Federal Energy Regulatory Commission approvals of a five-state expansion of the company's Transco pipeline system, despite more than a half-dozen amicus parties backing the rehearing requests.
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January 22, 2025
Kirkland Adds 5 Skadden Attys As Firm Plans Philly Launch
National law firm Kirkland & Ellis LLP has announced plans for a new Philadelphia office to be helmed by a civil litigator who is one of five attorneys moving their practices to the firm from Skadden Arps Slate Meagher & Flom LLP.
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January 22, 2025
Lender Files Ch. 7 For Pa.-Based ATM Network Owner
Silverview Credit Partners LP has filed an involuntary Chapter 7 petition in Delaware bankruptcy court against Blackford ATM Ventures, a Pennsylvania-based operator of a network of ATMs, claiming the company owes $28.6 million for defaulted loans.
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January 21, 2025
SeaWorld Escapes New Trial Bid In Race Bias Case
Parents who unsuccessfully sued SeaWorld claiming costumed performers at its Sesame Place park in Philadelphia discriminated against minority children by allegedly ignoring the children were denied a new trial, with a federal judge ruling Tuesday the parents offered "no substantive legal argument" supporting their claims.
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January 21, 2025
Spate Of Pre-Trump EEOC Suits Hit AT&T, DHL, Dollar General
The U.S. Equal Employment Opportunity Commission launched a wave of new cases as the Biden administration came to an end, including suits accusing AT&T of unlawfully reassigning workers based on their weight and DHL of allowing widespread sexual harassment in a Tennessee facility. Here, Law360 takes a look at six lawsuits filed by the federal bias watchdog on Friday.
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January 21, 2025
NLRB Targets Post-Gazette Publisher's 'Discretion'
The proposed contracts for the Pittsburgh Post-Gazette's production unions would have left workers at a disadvantage during the grievance process because they gave the newspaper publisher broad discretion, counsel for the National Labor Relations Board suggested during a federal court hearing Tuesday.
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January 21, 2025
No Recusal Needed After Clerk Barred From Cases, Panel Rules
The Pennsylvania Superior Court backed the rejection of the Cumberland County District Attorney's Office's request that the county president judge be excluded from hearing all criminal cases because of his law clerk's alleged aggressiveness toward attorneys, reasoning there was nothing in the record to show that the judge was biased.
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January 21, 2025
Justices Won't Review Pa. Ballot Envelope Dating Rule
The U.S. Supreme Court won't weigh whether Pennsylvania's rule requiring voters to write the date on the outside of mail-in ballots violates the Civil Rights Act, or whether the federal law's ban on disqualification based on "immaterial" errors applies only to voter registration, according to orders released Tuesday.
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January 17, 2025
Law360 Names Practice Groups Of The Year
Law360 would like to congratulate the winners of its Practice Groups of the Year awards for 2024, which honor the attorney teams behind litigation wins and significant transaction work that resonated throughout the legal industry this past year.
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January 17, 2025
Law360 Names Firms Of The Year
Eight law firms have earned spots as Law360's Firms of the Year, with 54 Practice Group of the Year awards among them, steering some of the largest deals of 2024 and securing high-profile litigation wins, including at the U.S. Supreme Court.
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January 17, 2025
Real Estate Recap: Trump Policy Priorities, Natural Disasters
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including policy expectations under President Donald Trump and the way natural disasters such as the LA wildfires are shaping commercial real estate deals.
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January 17, 2025
Par Funding's Fraud Caused $288M In Losses, Pa. Judge Says
Par Funding caused $288 million in losses stemming from a scheme to defraud investors who poured money into its cash advance business, a Pennsylvania federal judge said Friday, days after holding an evidentiary hearing where the government and the defendants sparred over dueling loss amounts.
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January 17, 2025
Bayer, J&J Minimized Drug Reaction Data, 3rd Circ. Told
A doctor urged the Third Circuit on Friday to revive his whistleblower suit against Bayer Corp. and Johnson & Johnson, arguing that the drugmakers' regulatory approval applications played down the side effects of the antibiotics Cipro and Levaquin.
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January 17, 2025
Contractor Asks Justices To Ax Iraqi Immunity In $120M Suit
A Pennsylvania defense contractor is urging the U.S. Supreme Court to unravel a D.C. Circuit decision to throw out a $120 million judgment against Iraq, arguing that review is needed to ensure a uniform interpretation of the Foreign Sovereign Immunities Act.
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January 17, 2025
Exhumation Catch Unclear In NFL Players' Deal, 3rd Circ. Told
Family members of several late NFL players asked the Third Circuit on Friday to grant them national concussion settlement benefits that were denied for a lack of an eligible chronic traumatic encephalopathy diagnosis, arguing the requirement for a neurological exam on exhumed bodies was not made clear as part of the settlement notice.
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January 17, 2025
Feds Say Pa. Investment Adviser Stole $20M From Clients
A Pennsylvania investment adviser's alleged misappropriation of more than $20 million worth of client funds has landed him criminal charges and civil enforcement action from U.S. Securities and Exchange Commission.
Expert Analysis
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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Considerations As State AGs Step Up Privacy Enforcement
As new state privacy laws take effect, businesses are facing an increasingly complex patchwork of compliance obligations and risk of scrutiny by attorneys general, but companies can gain a competitive edge by building consumer trust and staying ahead of regulatory trends, say Ann-Marie Luciano and Meghan Stoppel at Cozen O’Connor.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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Del. Dispatch: Director Caremark Claims Need Extreme Facts
The Delaware Court of Chancery recently dismissed Caremark claims against the directors of Centene in Bricklayers Pension Fund of Western Pennsylvania v. Brinkley, indicating a high bar for a finding of the required element of bad faith for Caremark liability, and stressing the need to resist hindsight bias, say attorneys at Fried Frank.
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Class Action Law Makes An LLC A 'Jurisdictional Platypus'
The applicability of Section 1332(d)(10) of the Class Action Fairness Act is still widely misunderstood — and given the ambiguous nature of limited liability companies, the law will likely continue to confound courts and litigants — so parties should be prepared for a range of outcomes, says Andrew Gunem at Strauss Borrelli.
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Jarkesy Ruling May Redefine Jury Role In Patent Fraud
Regardless of whether the U.S. Supreme Court’s Jarkesy ruling implicates the direction of inequitable conduct, which requires showing that the patentee made material statements or omissions to the U.S. Patent and Trademark Office, the decision has created opportunities for defendants to argue more substantively for jury trials than ever before, say attorneys at Cadwalader.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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New State Carbon Capture Laws: Key Points For Developers
Multiple states have introduced or expanded legal frameworks for carbon capture and sequestration this year, and while there are some common themes, many of these state laws include unique approaches and requirements — which developers and investors should be aware of when considering potential projects and investment risks, say attorneys at Arnold & Porter.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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Motion To Transfer Venue Considerations For FCA Cases
Several recent decisions highlight the importance for practitioners of analyzing as early as possible whether a False Claims Act case warrants a change of venue, and understanding how courts weigh certain factors for defendants versus whistleblowers, say Ellen London at London & Stout, and Li Yu and Corey Lipton at DiCello Levitt.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.