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Pennsylvania
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October 30, 2024
3rd Circ. Told Medicare Drug Price Talks Not Voluntary
Three pharmaceutical companies told the Third Circuit on Wednesday the Medicare drug price negotiation program is anything but voluntary, arguing the appeals court should revive their challenges to the program because it is unconstitutional.
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October 30, 2024
State AGs Ask Congress For Federal Price-Gouging Ban
Attorneys general from 15 states and the District of Columbia sent a letter to House and Senate leaders Wednesday urging Congress to adopt national protections against price-gouging.
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October 30, 2024
3rd Circ. Asks If Dodge Charger Suit Is Ripe For Revival
A Third Circuit panel on Wednesday asked owners of Dodge Charger Hellcats whether now is the right time to revive allegations that Fiat Chrysler Automobiles US LLC sold them muscle cars that fell short of advertised high-performance standards.
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October 30, 2024
Polsinelli Continues Philly Growth With 2nd Oct. Hire
Polsinelli PC grew its recently opened Philadelphia office with the addition of a real estate attorney who returns to private practice after providing in-house counsel for a commercial real estate subsidiary of Blackstone.
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October 30, 2024
Hershey's Candy Wrappers Contain PFAS, Spooky Suit Says
A chocolate lover has sued The Hershey Co. in Pennsylvania federal court just days before Halloween alleging the packaging of its milk chocolate bars and Kisses, Reese's Peanut Butter Cups, Reece's Pieces and KitKat Bars contain dangerous "forever chemicals."
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October 30, 2024
Trump Campaign Wins Suit Over Pa. County Over Ballots
A Pennsylvania county judge has granted the Donald Trump campaign's bid to extend mail-in ballot requests in Bucks County, which the campaign accused of turning away voters waiting in long lines for the ballot sign-ups.
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October 30, 2024
Cleveland-Cliffs Gets Final Approval For $2.5B Stelco Deal
Ohio steelmaker Cleveland-Cliffs Inc. said Wednesday it has received the Canadian regulatory approvals needed to complete its planned $2.5 billion acquisition of Canada's Stelco Holdings Inc., slating the deal close for Friday.
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October 30, 2024
Pa. Panel Says Undated Special Election Votes Should Count
A split Pennsylvania appellate court ruled Wednesday that throwing out mail-in votes solely for missing or "incorrect" dates on their outer envelopes was a violation of the state's constitution, but insisted the ruling applies only to a September special election in Philadelphia.
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October 30, 2024
3rd Circ. Vacates, Remands Philly Union Rule Suit
The Third Circuit revived a suit by a group of contractors against Philadelphia and its mayor's office over the city's former policy requiring that companies working on public projects be members of certain designated unions, ruling that those contractors still have standing for injuries that arose while the rule was enforced.
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October 30, 2024
Ballot Battles, Musk's Sweepstakes: Election Suits Rage In Pa.
The political battleground state of Pennsylvania is a hotbed of litigation in the runup to another contentious presidential election, with controversies over where and how citizens cast ballots and a new legal challenge to billionaire Elon Musk's hefty financial incentive for Keystone State voters.
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October 29, 2024
Pa. Seeks State Takeover Of Embattled Hospital System
Pennsylvania urged a state court to appoint a receiver for a hospital system after its operator, Prospect Medical Holdings Inc., allegedly violated an asset purchase agreement by spending millions of dollars on its investors instead of healthcare system management.
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October 29, 2024
Philly Cops Lose Free Speech Suit Over Facebook Posts
A group of active and former Philadelphia Police Department officers disciplined for inflammatory Facebook activity have lost their First Amendment lawsuit against the city, with a Pennsylvania federal judge ruling Tuesday that the city had the right to terminate officers for making racist, violent and otherwise offensive posts.
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October 29, 2024
Republic First Bank Discriminated Before It Failed, NJ Says
New Jersey authorities said Tuesday that they have concluded that the former Republic First Bank redlined local communities of color in the state in the years before it failed, findings they have taken up with the bank's receiver, the Federal Deposit Insurance Corp.
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October 29, 2024
Medical Co. Gets No Coverage For Toxic Tort
An insurer for B. Braun Medical Inc. has no duty to defend or indemnify the company against numerous lawsuits accusing B. Braun of exposing residents near one of its medical device manufacturing plants to a carcinogenic gas, a Pennsylvania federal court ruled, finding a pollution exclusion applicable.
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October 29, 2024
Baseball Bat Cos. Reach Deal To End Fla. Trademark Battle
A baseball bat company owned by ex-MLB player Yoenis Céspedes has settled an intellectual property lawsuit against several businesses over baseball bats, months after a Florida federal judge handed the former New York Mets outfielder's business a preliminary injunction in the case.
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October 29, 2024
Allergan, Mankind Settle IP Fight Over Lumigan Generic
Allergan Inc. and Mankind Pharma Ltd. asked a Delaware federal court Tuesday to dismiss infringement litigation over Mankind's proposed generic of Allergan's glaucoma drug Lumigan, stipulating that the patent is valid and has been infringed.
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October 29, 2024
2 Firms Tapped To Lead Five Below Investor Suit
Berger Montague PC and Bernstein Litowitz Berger & Grossmann LLP will represent a proposed class of investors in a suit alleging that teen-focused retail chain Five Below overstated its growth prospects, then saw trading prices crater when it announced that its sales expectations fell short.
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October 29, 2024
Pa. DA Says ATF's Pot Patients Ban Doesn't Fit With Bruen
A Pennsylvania district attorney is urging a federal judge not to throw out his suit challenging a Bureau of Alcohol, Tobacco, Firearms and Explosives policy blocking medical cannabis patients from buying or owning firearms, saying the U.S. Supreme Court's recent precedent preempts the restriction.
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October 29, 2024
Rimon Adds International Tax Expert In Philadelphia
Rimon PC has added an expert in international tax and trusts and estates who joined the firm's Philadelphia office after working for his own practice.
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October 29, 2024
Roberto Clemente's Family Drops Bias Suit Against Allstate
A long-running discrimination lawsuit against Allstate, filed by the insurance agency run by the son of baseball legend Roberto Clemente, has officially come to a close with a Tuesday dismissal following a settlement reached last month.
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October 29, 2024
Legal Marketer Sues To Halt New Pa. Atty Text Solicitation Ban
A marketing company focused on soliciting criminal defendants on behalf of attorneys has filed suit in Pittsburgh federal court looking to overturn a new Pennsylvania ethics rule barring lawyers from using text messages to recruit clients.
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October 28, 2024
Parts Manufacturer Tells Pa. Jury Competitor Poached Stats
A lawyer for hardware manufacturer Penn Engineering & Manufacturing Corp. told a federal jury in Philadelphia on Monday that one of its competitors used performance data from Penn's products to boost its own line of parts, creating confusion among consumers.
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October 28, 2024
NLRB Told To Study Starbucks Case In Newspaper Union Battle
A Pennsylvania federal judge on Monday told National Labor Relations Board attorneys to bolster their bid to force the Pittsburgh Post-Gazette's publishers back to the bargaining table with striking unions, pointing out the higher bar the U.S. Supreme Court recently set for obtaining injunctions against employers over unfair labor practices.
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October 28, 2024
Pennsylvania Judge Yanks Delaware River Port Approvals
A Pennsylvania federal judge ruled Monday that the U.S. Army Corps of Engineers "arbitrarily and capriciously departed from its own procedures" in authorizing plans for a new port on the Delaware River in Delaware, downriver from Philadelphia, ordering the agency to conduct a closer review of the project.
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October 28, 2024
RNC Asks High Court To Stop Pa. Provisional Ballot Rule
The Republican Party urged the U.S. Supreme Court on Monday to freeze a ruling from Pennsylvania's top court allowing voters whose mail-in ballots are rejected as defective to submit provisional ballots as replacements, claiming the late change to voting rules in a key battleground state could "taint" the 2024 election.
Expert Analysis
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Compliance Pointers For Amended Pa. Data Breach Law
Recent updates to the Pennsylvania Breach of Personal Information Notification Act include a requirement that organizations alert the state's attorney general of certain consumer data breach notifications, and several incident response and cybersecurity considerations will be necessary to ensure compliance, say Matthew Meade and Laura Decker at Eckert Seamans.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Perspectives
Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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Opinion
To Shrink Jury Awards, Address Preventable Medical Errors
While some health industry leaders complain about large malpractice awards — like the recent $45 million verdict in Hernandez v. Temple University Hospital — these payouts are only a symptom of the underlying problem: an epidemic of preventable medical errors, says Eric Weitz at The Weitz Firm.
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With Esmark Case, SEC Returns Focus To Tender Offer Rules
The U.S. Securities and Exchange Commission's recent enforcement action against Esmark in connection with its failed bid to acquire U.S. Steel indicates the SEC's renewed attention under Rule 14e‑8 of the Exchange Act on offerors' financial resources as a measure of the veracity of their tender offer communications, say attorneys at MoFo.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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Navigating Complex Regulatory Terrain Amid State AG Races
This year's 10 attorney general elections could usher in a wave of new enforcement priorities and regulatory uncertainty, but companies can stay ahead of the shifts by building strong relationships with AG offices, participating in industry coalitions and more, say Ketan Bhirud and Dustin McDaniel at Cozen O’Connor.
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3rd Circ. Hertz Ruling Highlights Flawed Bankruptcy Theory
The Third Circuit, in its recent Hertz bankruptcy decision, became the latest appeals court to hold that noteholders were entitled to interest before shareholders under the absolute priority rule, but risked going astray by invoking the flawed theory of code impairment, say Matthew McGill and David Casazza at Gibson Dunn.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.