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Pennsylvania
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July 15, 2024
Ex-Client Says Nurick Law Founder Refuted Found Fee Clause
A former Nurick Law Group LLC client said the court shouldn't reverse its decision to keep his malpractice suit against the firm in the Garden State after the discovery of a crucial document, arguing the firm's founder testified the document is not a valid agreement.
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July 15, 2024
'Busy' Solo Atty Chided For Blown Deadline In Pa. Bias Case
A Pennsylvania federal judge gave an earful to an attorney representing a Drexel University administrator suing the school for disability discrimination after the case was dismissed without prejudice over the attorney's missed deadlines.
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July 15, 2024
Catching Up With Delaware's Chancery Court
Chancery Court news was full of fees and settlements last week, with three multimillion-dollar deals getting a court OK, and a daylong discussion over a potentially multibillion-dollar fee award for attorneys who got Tesla CEO Elon Musk's astronomical pay package thrown out. The court also banged the gavel in cases involving e-payment venture SwervePay and managed care company Centene Corp., and heard arguments from software company SAP SE and biotech Renmatix Inc.
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July 15, 2024
BorgWarner Accuses Supplier Of Sabotaging Supply Chain
Auto parts manufacturer BorgWarner risks running out of an important part after its supplier allegedly wreaked havoc on the supply chain by refusing to deliver unless BorgWarner agreed to certain price hikes, according to a newly filed federal lawsuit in North Carolina.
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July 12, 2024
Law360 Names 2024's Top Attorneys Under 40
Law360 is pleased to announce the Rising Stars of 2024, our list of 158 attorneys under 40 whose legal accomplishments belie their age.
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July 12, 2024
Expect NCAA To Dig In Heels On Employee Status After Ruling
Even after Thursday's Third Circuit ruling clearing a path for college athletes to be considered employees, experts say the NCAA's record of litigating to the hilt on other athletes' rights matters portends a long road ahead before the issue is clarified.
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July 12, 2024
Real Estate Recap: Mall Makeovers, Military Land, Fundraising
Catch up on this week's key developments by state from Law360 Real Estate Authority, including one Big Four retail leader's take on mall potential, the U.S. Treasury's increasing scrutiny of land deals with national security concerns, and a midyear look at private real estate fundraising trends.
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July 12, 2024
Chancery Tosses Centene Shareholders' Medicaid Fraud Suit
The Delaware Chancery Court on Friday dismissed a Centene stockholder derivative lawsuit seeking damages from company directors and officers over allegations of a multistate Medicaid pharmacy benefit billing fraud scheme that the investors said could result in a $1.25 billion liability for the healthcare giant.
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July 12, 2024
Pa. Drive-In Dinged For Sleepovers In No-Campground Zone
A Pennsylvania drive-in movie theater's "overnight passes" for guests to stay after a late-night showing or for multiple days of a movie marathon effectively made the theater into a campground and ran afoul of township zoning ordinances, a state appellate court ruled Friday.
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July 12, 2024
AbbVie Brings Atty-Client Privilege Fight To Supreme Court
Drugmaker AbbVie has set its sights on the U.S. Supreme Court, asking justices to weigh in on a discovery battle over what it believes are privileged attorney-client communications relating to a "sham" Pennsylvania patent case.
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July 12, 2024
Pennsylvania Telecom Co. Will Pay $6.5M To Settle FCA Case
A Western Pennsylvania telecommunications company has agreed to pay $6.5 million to settle claims that it violated federal law by inflating its costs in order to receive greater federal subsidies under the Federal Communication Commission's High-Cost Program, the U.S. Department of Justice said Friday.
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July 12, 2024
Contracting Co. Sues Home Depot Over Tool Rental Charges
A Philadelphia-based contracting company has hit Home Depot USA Inc. with a proposed class action in Georgia, claiming the home improvement chain has systematically overcharged the customers of its tool rental program.
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July 11, 2024
Ah, Geez! Fox Sues Pop-Up For Copying 'The Simpsons' Pub
Twentieth Century Fox Film Corp. slapped a Philadelphia special event company with a federal lawsuit Thursday claiming infringement of intellectual property rights it holds in "The Simpsons" animated series and movie, saying JMC Pop Ups is creating unauthorized replicas of Moe's Tavern from the popular show.
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July 11, 2024
Broker Says FINRA Owes Him Jury Trial After Jarkesy Ruling
The Financial Industry Regulatory Authority has been hit with a suit from a member who says the regulator's allegations in an internal proceeding to sanction and expel him are assertions of common law fraud and therefore must be brought before a court and jury under the U.S. Supreme Court's recent Jarkesy decision.
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July 11, 2024
Cigna Objects To Ch. 11 Nursing Home Asset Sale Proposal
Cigna Health and Life Insurance Co. asked a Pennsylvania bankruptcy judge to reject a sale process proposed by some of the debtors in a Pittsburgh-area nursing home network's consolidated Chapter 11 case, saying it gave the debtors too much leeway to change what contracts they will maintain.
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July 11, 2024
Pa. Condo Owner Group Takes Inner-Tower Conflict To Court
The residents association of a downtown Pittsburgh condo building sued the building's commercial association in state court, alleging they have been improperly denied access to commercial sections of the building needed to complete HVAC repair work.
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July 11, 2024
3rd Circ. Greenlights FLSA Claims For NCAA Athletes
Amateurism can't shield the NCAA from student-athletes' Fair Labor Standards Act claims, the Third Circuit ruled Thursday, laying out a test to sort out whether athletes can be considered employees under the federal statute.
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July 11, 2024
Pa. Man Admits To Dick's Sporting Goods Insider Trading
A Pennsylvania man who netted nearly $825,000 in profits from Dick's Sporting Goods securities has pled guilty to insider trading using tips he obtained from a company employee, according to a Thursday announcement from the U.S. Department of Justice.
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July 11, 2024
Atty's Suit Against Aircraft Cos., Blank Rome Attys Survives
A federal judge ruled in favor of a lawyer who alleges that aircraft companies and attorneys with Blank Rome LLP brought a baseless lawsuit against her in retaliation for switching from corporate defense to the plaintiffs bar, denying a motion to dismiss and allowing her lawsuit to continue.
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July 11, 2024
Talc Law Firms Beat J&J Subpoenas Seeking Funding Info
The Beasley Allen Law Firm, another plaintiffs law firm and a litigation funder defeated subpoenas from Johnson & Johnson in talc litigation, with a special master reasoning that the broad swath of discovery permitted in federal courts still has limits.
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July 11, 2024
Atty Fined For Missing 'Every Deadline' Since Feb. In Bias Suit
A Philadelphia-based attorney has missed so many deadlines in a federal race bias lawsuit against a Penn State University branch campus that the senior circuit judge assigned to his case issued sanctions and a stern warning that a large caseload is no excuse on Thursday.
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July 11, 2024
Fiat Chrysler Says Exploding Minivan MDL Still Lacks Detail
A Stellantis unit has asked a federal judge in Michigan to significantly pare back multidistrict litigation over a risk of spontaneous explosion in certain Chrysler plug-in hybrid minivans, arguing that many drivers' state claims are stale or are otherwise legally flawed.
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July 11, 2024
Ex-Union Leader Gets 6 Years For Bribery, Embezzlement
John "Johnny Doc" Dougherty, the former business manager of the International Brotherhood of Electrical Workers Local 98 in Philadelphia, was sentenced Thursday to six years in prison after being convicted of bribing a city councilman and stealing over $500,000 from the union.
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July 11, 2024
GM's $50M Faulty Fuel Pump Deal Gets Early OK
A Michigan federal judge on Thursday indicated he would give the initial approval to a $50 million settlement to end class claims that General Motors LLC sold trucks with faulty fuel pumps, clearing the way for GM to drop a Sixth Circuit appeal.
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July 11, 2024
3rd Circ. Backs Toss Of $427K Arbitration Liability Award
The Third Circuit upheld a lower court's nix of an arbitration award of more than $427,000 against a painting company over a union pension fund's withdrawal liability claims, determining Thursday that the fund waited too long to request payment under federal benefits law.
Expert Analysis
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Penn. Right-To-Know Case Raises Record-Access Precedent
The Pennsylvania Supreme Court recently held that the nonprofit Pennsylvania Interscholastic Athletic Association was subject to the state's Right-To-Know Law, establishing an expansion that allows access to public records of organizations that perform work or have some role associated with statewide governance, says Delene Lantz at Saul Ewing.
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Opinion
It's Time To Defuse The Ticking Time Bomb Of US Landfills
After recent fires at landfills in Alabama and California sent toxic fumes into surrounding communities, it is clear that existing penalties for landfill mismanagement are insufficient — so policymakers must enact major changes to the way we dispose of solid waste, says Vineet Dubey at Custodio & Dubey.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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What Junk Fee Law Means For Biz In California And Beyond
Come July 1, companies doing business in California must ensure that the price of any good or service as offered, displayed or advertised is inclusive of all mandatory fees and other charges in compliance with S.B. 478, which may have a far-reaching impact across the country due to wide applicability, say Alexandria Ruiz and Amy Lally at Sidley Austin.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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Perspectives
Justices' Repeat Offender Ruling Eases Prosecutorial Hurdle
The U.S. Supreme Court’s decision last week in Brown v. U.S., clarifying which drug law applies to sentencing a repeat offender in a federal firearms case, allows courts to rely on outdated drug schedules to impose increased sentences, thus removing a significant hurdle for prosecutors, says attorney Molly Parmer.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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CFPB's Expanding Scope Evident In Coding Bootcamp Fine
The Consumer Financial Protection Bureau's recent penalty against a for-profit coding bootcamp that misrepresented its tuition financing plans is a sign that the bureau is seeking to wield its supervisory and enforcement powers in more industries that offer consumer financing, say Jason McElroy and Brandon Sherman at Saul Ewing.
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Key Insurance Considerations After $725M Benzene Verdict
The recent massive benzene verdict in Gill v. Exxon Mobil will certainly trigger insurance questions — and likely a new wave of benzene suits — so potential defendants should study Radiator Specialty v. Arrowood Indemnity, the only state high court decision regarding benzene claim coverage, says Jonathan Hardin at Perkins Coie.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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3rd Circ.'s Geico Ruling May Encourage Healthcare Arbitration
The Third Circuit's recent decision in Geico v. Mount Prospect, finding that claims under New Jersey's Insurance Fraud Prevention Act can be arbitrated, strengthens arbitration as a viable alternative to litigation, even though it is not necessarily always a more favorable forum, say Khaled Klele and Jessica Osterlof at McCarter & English.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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Is The State Lottery The New Online Casino?
The traditional lines of demarcation between smartphone lottery games and online casino games are eroding since the difference is largely indistinguishable to the casual gambler — begging the question of how legal treatment may differ between state lotteries and the private-sector casino industry, says Michael Peacock at Holland & Knight.