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Pennsylvania
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June 13, 2024
1st Circ. Urged To Back TM Loss For Family Of Late MLB Star
A Puerto Rico agency planning a sports district in honor of late Major League Baseball Hall of Famer Roberto Clemente has pressed the First Circuit to uphold the agency's dismissal from a trademark lawsuit filed by the baseball legend's family alleging unauthorized use of his name and likeness.
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June 13, 2024
Norfolk Southern Slams Bid To Seal Reports In Derailment Suit
Norfolk Southern ripped into a chemical company's bid to seal two expert reports from a former first responder that the railroad sought to file in the multidistrict litigation over last year's derailment and chemical spill in Ohio, saying the chemical firm's arguments are weak and misstate the issues.
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June 13, 2024
CVS Dodges Discovery Audit In Generic Drug Collusion Suit
A federal judge declined to make CVS hire a forensic auditor to evaluate its compliance with information demands in a lawsuit alleging it colluded with drugmakers to keep Medicare beneficiaries from accessing certain generic drugs, despite a whistleblower bemoaning "woefully deficient" discovery on the pharmacy chain's part.
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June 13, 2024
Pennsylvania Gov. Sued For More Public Defense Funding
Defendants facing charges in Pennsylvania sued Gov. Josh Shapiro and the state Legislature Thursday over their alleged failure to ensure that people who can't afford an attorney in their criminal cases receive effective and free representation.
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June 13, 2024
2 Firms Seek Lead Roles In Suit Over Shuttered Philly College
Attorneys from Philadelphia-area law firms Edelson Lechtzin LLP and Willig Williams & Davidson have asked for appointment as interim co-lead counsel for a potential class of former University of the Arts employees who say the school's sudden closure violated federal statutes.
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June 12, 2024
Teams Can't Prop Up Fox Philly TV License, Group Says
The group of advocates calling for Fox's Philadelphia affiliate to lose its broadcast license over its parent company's 2020 election coverage is pushing back against claims from three of the city's sports teams, saying the station's sports content is beside the point.
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June 12, 2024
Judge Won't Trim $18M Shareholder Settlement Coverage Suit
A Pennsylvania federal judge declined to toss certain bad faith allegations against an insurer accused of wrongfully denying coverage for an $18 million settlement between an asset management company and a group of shareholders, adopting a magistrate judge's recommendation that the company sufficiently alleged its claim of bad faith.
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June 12, 2024
Worker Hits Lumber Co. With 401(k) Fee, Investment Suit
A lumber company violated federal benefits law by choosing expensive, poor-performing funds for its employee retirement plan and saddling participants with lofty fees, according to a new lawsuit filed in Pennsylvania federal court.
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June 12, 2024
2 Men Get Prison For Plot To Sell Iranian Oil To China
Two men convicted for their role in a scheme to sell Iranian oil to a Chinese company have been sentenced to nearly four years in prison each, according to the U.S. Attorney's Office for the Eastern District of Pennsylvania.
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June 12, 2024
32 AGs Urge Justices Take Up Okla. PBM Law Fight
Thirty-two attorneys general urged the U.S. Supreme Court to take up Oklahoma's petition for review of a Tenth Circuit decision holding that federal law preempted portions of a state law regulating pharmacy benefit managers, arguing the justices needed to intervene to resolve a circuit split.
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June 12, 2024
Associate Sues Kaufman Dolowich Alleging Disability Bias
A former associate with national law firm Kaufman Dolowich & Voluck LLP claims in a federal lawsuit that attorneys at the firm's Philadelphia office discriminated against him after he asked for accommodations for his hearing impairment.
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June 12, 2024
Shareholders To Settle Discovery-AT&T Merger Suit In Del.
Former shareholders of Discovery Inc. who sued in Delaware's Court of Chancery over the media entertainment company's $43 billion merger with AT&T in 2022 have agreed to settle their class action and intend to finalize settlement documentation by July 5, the parties told the court late on Tuesday.
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June 12, 2024
Biden Names Prosecutors, Judge For 3 District Courts
President Joe Biden announced nominees Wednesday for district courts in Minnesota, California and Pennsylvania.
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June 11, 2024
Pa. Health System Shakes Meta Data Sharing Row For Now
A Pennsylvania federal judge has tossed a putative class action accusing a nonprofit health system of unlawfully sharing information about website visitors' activities with Meta Platforms Inc., finding that the plaintiff had failed to adequately detail what protected health data had been disclosed.
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June 11, 2024
Army's Claims In Burial Dispute 'Unconscionable,' Tribe Says
A Nebraska tribe seeking to repatriate the remains of two boys from an Indian boarding school cemetery in Pennsylvania has said the U.S. Army's claims that it is exempt from a federal law designed to protect Native American burial sites are "unconscionable."
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June 11, 2024
Lacrosse Coach Loses Bias Suit After Getting Cozen Booted
A Pennsylvania federal judge tossed a lawsuit Tuesday from a high school lacrosse coach who said her contract wasn't renewed because of gender, age and disability bias, finding the school district showed that its decision stemmed from concerns about her professionalism.
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June 11, 2024
Ex-Union Leader Seeks Sentencing Delay Ahead Of Retrial
Former International Brotherhood of Electrical Workers Local 98 business manager John Dougherty has asked a Pennsylvania federal judge to postpone his sentencing for his bribery and embezzlement convictions, pointing to the possibility of the government retrying him on extortion charges following an April mistrial in that case.
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June 11, 2024
Heinz Charity Says Ex-Adviser Stole Almost $1M Via Sham Co.
A technology adviser for the Pittsburgh-based Heinz Endowments embezzled nearly a million dollars by steering payments to a company he secretly owned for work it never did, then tried to cover his tracks when he came under investigation, the endowments claimed in a federal lawsuit.
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June 11, 2024
Pa. County Can't Give Voting Machine Data To Mich. Atty
A Pennsylvania judge on Tuesday blocked Fulton County commissioners from giving data copied from the county's Dominion Voting Systems equipment to an attorney and Donald Trump ally facing criminal charges for illegally accessing voter information in Michigan.
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June 11, 2024
Federal Judgeships To Open In Pennsylvania And New Mexico
Federal district judge seats in Pennsylvania and New Mexico will open early next year, as two appointees of former President George W. Bush have said they will step down.
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June 11, 2024
JPML Consolidates GM, LexisNexis Driving Data Suits In Ga.
Drivers claiming that their auto insurance rates increased after General Motors and its OnStar unit collected driving data without consent and shared the information with LexisNexis Risk Solutions will have their suits consolidated in Georgia federal court, the Judicial Panel on Multidistrict Litigation ruled.
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June 10, 2024
Feds Want Ex-Army Officer's FTCA Claims Cut From Suit
A former major general's defamation lawsuit against the U.S. Army over an alleged domestic assault should be partially tossed, the federal government told a Pennsylvania federal judge Friday, arguing that soldiers can't sue the Army for incidents that happened while they were serving.
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June 10, 2024
Uber Black Drivers Aren't Like Plumbers, Philly Jury Told
Uber Black drivers on Monday tried for a second time to convince a Pennsylvania federal jury that the ride-sharing company owes them the same perks as employees, saying they're nothing like plumbers, the quintessential independent contractors.
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June 10, 2024
Aircraft Engine Co. Avco Wants Ex-Atty Sanctions Bid Cut
A dispute over deposition scheduling in a sanctions case filed in Pennsylvania federal court by a lawyer who formerly represented an aircraft company has led to accusations of attorneys acting in bad faith to obstruct the case and complaints of a lack of professional courtesy.
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June 10, 2024
Goldberg Segalla Adds Toxic Torts, Workers' Comp Attys
Goldberg Segalla LLP has added two attorneys working in practice areas such as toxic torts and workers' compensation as partners in its offices in Manhattan and Garden City, New York, the firm announced Monday.
Expert Analysis
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What Courts' Deference Preference Can Mean For Sentencing
The Fifth Circuit’s recent U.S. v. Vargas decision deepens the split among federal appeals courts on the level of deference afforded to commentary in the U.S. sentencing guidelines — an issue that has major real-life ramifications for defendants, and is likely bound for the U.S. Supreme Court, say Jennifer Freel and Michael Murtha at Jackson Walker.
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Caregiver Flexibility Is Crucial For Atty Engagement, Retention
As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.
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What To Watch As Justices Take Up Title VII Job Transfer Case
With its recent decision to hear Muldrow v. City of St. Louis, the U.S. Supreme Court has agreed to decide whether an involuntary job transfer can count as employment discrimination under Title VII — an eventual ruling that has potential to reshape workplace bias claims nationwide, says Adam Grogan at Bell Law Group.
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How Judicial Privilege Shields Attys Facing Wiretap Violations
A recent ruling from the Commonwealth Court of Pennsylvania, as well as past rulings across the country, indicates that the judicial privilege is applicable to alleged violations of wiretapping laws, so attorneys presented with audio evidence beneficial to their case should not fear being sued, says David Scott at Kang Haggerty.
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Nursing Homes Must Prepare For Ownership Scrutiny
Due to the Centers for Medicare & Medicaid Services' designation of nursing home ownership changes as a high risk category, and increased transparency and notice obligations for changes in skilled nursing facility ownership set to take effect in Pennsylvania in October, owners should anticipate a heightened level of review and delays, say Mark Mattioli and Paula Sanders at Post & Schell.
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In-Office Engagement Is Essential To Associate Development
As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.
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Pointers For Tackling Antitrust Class Action Set-Aside Orders
As federal district courts have increasingly been willing to enter set-aside orders for the benefit of class counsel, varying rulings have made the propriety of such orders in antitrust class actions a thorny issue — so attorneys should time their filings strategically and explore opportunities for cost-sharing, say William Reiss and Laura Song at Robins Kaplan.
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Perspectives
A Judge's Pitch To Revive The Jury Trial
Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.
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Rebuttal
Mallory Ruling Doesn't Undermine NC Sales Tax Holding
Contrary to the conclusion reached in a recent Law360 guest article, the U.S. Supreme Court’s recent Mallory ruling shouldn't be read as implicitly repudiating the North Carolina Supreme Court’s sales tax ruling in Quad Graphics v. North Carolina Department of Revenue — the U.S. Supreme Court could have rejected Quad by directly overturning it, says Jonathan Entin at Case Western Reserve.
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How To Recognize And Recover From Lawyer Loneliness
Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.
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Opinion
Litigation Funding Disclosure Should Be Mandatory
Despite the Appellate Rules Committee's recent deferral of the issue of requiring third-party litigation funding disclosure, such a mandate is necessary to ensure the even-handed administration of justice across all cases, says David Levitt at Hinshaw.
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Recalling USWNT's Legal PR Playbook Amid World Cup Bid
As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.
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Opinion
Justices' Job Transfer Review Should Hold To Title VII Text
The U.S. Supreme Court's upcoming decision in Muldrow v. City of St. Louis should hold that a job transfer can be an adverse employment action, and the analysis should be based on the straightforward language of Title VII rather than judicial activism, say Lynne Bernabei and Alan Kabat at Bernabei & Kabat.
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11th Circ. Ruling May Impede Insurers' Defense Cost Recoup
The Eleventh Circuit's recent Continental Casualty v. Winder Laboratories ruling that insurers cannot obtain reimbursement of defense costs from their insureds where the policy itself does not require such reimbursement is likely to be cited as persuasive authority in Georgia and other states without clear precedent on the issue, say Christy Maple and Robert Whitney at Phelps Dunbar.
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Immigration Program Pitfalls Exacerbate Physician Shortages
Eliminating shortcomings from U.S. immigration regulations and policies could help mitigate the national shortage of physicians by encouraging foreign physicians to work in medically underserved areas, but progress has been halted by partisan gridlock, say Alison Hitz and Dana Schwarz at Clark Hill.