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Pennsylvania
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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.
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January 27, 2025
Ancora Seeks To Make US Steel 'Great Again' With New Board
Ancora Holdings Group on Monday said it plans to make U.S. Steel "great again" by installing a new CEO and board at the company "committed to abandoning" the $14.9 billion proposed merger with Nippon Steel that was blocked by former President Joe Biden earlier this month.
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January 24, 2025
Real Estate Recap: Hughes Fire, EOs, Practices Of The Year
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including more law firm displacement due to the newly ignited Hughes Fire in Los Angeles County, real estate sector speculation following a storm of executive orders, and two of Law360's picks for real estate and construction practice groups of the year.
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January 24, 2025
3rd Circ. Halts Pa. Med Insurer Suit Pending High Court Review
The Third Circuit agreed Friday to put a hold on its ruling that Pennsylvania's medical malpractice insurance fund is an agency of the state and can dip into the fund's $300 million budget surplus pending the outcome of the fund's appeal to the U.S. Supreme Court.
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January 24, 2025
FTC Says Noncompete Ban Defense Is Its Job, Not Intervenor's
The Federal Trade Commission is urging the Fifth and Eleventh circuits not to permit an entrepreneurs group to intervene in support of the FTC's currently blocked noncompete ban in case the commission opts to abandon its defense, arguing Congress left it up to government agencies to defend their own regulations.
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January 24, 2025
Campbell's Unit Accused Of Failing To Pay For Off-Clock Work
A Campbell's subsidiary fails to compensate hourly paid packing employees for the several minutes they spend each day performing certain tasks before and after their shifts, a proposed collective action filed in North Carolina federal court said.
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January 24, 2025
US Steel Will Pay $6.1M To End Suit Over Pa. Plant's Dust
U.S. Steel will invest $4.6 million in efforts to reduce dust pollution from its Edgar Thomson Works in Braddock, Pennsylvania, and will pay another $1.5 million to be split among residents of six neighboring communities, under a class action settlement that a state judge gave his preliminary approval.
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January 24, 2025
Blank Rome Attys Fight Lawyer's Bid For New Trial
A team of Blank Rome LLP attorneys accused another attorney in Pennsylvania federal court of "seeking another bite at the apple" by moving for a new trial after a jury rejected her malicious litigation claims against the team and an aviation company.
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January 24, 2025
Army Exploits Pa. Boarding School Cemetery, 4th Circ. Told
The U.S. Army is exploiting an Indian boarding school cemetery as a repository for human remains, a Nebraska tribe told the Fourth Circuit, arguing that the military institution is conducting research and other activities that serve its goals rather than respecting the sovereignty and traditions of Indigenous people.
Expert Analysis
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Class Actions At The Circuit Courts: June Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers two recent decisions from the Third and Tenth Circuits, and identifies practice tips around class action settlements and standing in securities litigation.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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Lower Courts May Finally Be Getting The Memo After Ciminelli
A year after the U.S. Supreme Court again limited prosecutors' overbroad theories of fraud in Ciminelli v. U.S., early returns suggest that the message has at least partially landed with the lower courts, spotlighting lessons for defense counsel moving forward, says Kenneth Notter at MoloLamken.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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Live Nation May Shake It Off In A Long Game With The DOJ
Don't expect a swift resolution in the U.S. Department of Justice's case against Live Nation, but a long litigation, with the company likely to represent itself as the creator of a competitive ecosystem, and the government faced with explaining how the ticketing giant formed under its watch, say Thomas Kliebhan and Taylor Hixon at GRSM50.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.