Pennsylvania

  • February 06, 2024

    Building Supplier Says Canceled Contract Imperils $5.3M In Deals

    Despite a 12-year business relationship, a Connecticut-based construction supplier on Tuesday accused a Pennsylvania-headquartered waterproofing products producer in federal court of suddenly canceling a preferred distributor contract, leaving the supplier holding the bag on 21 ongoing projects, 39 open bids totaling $1.5 million, and outstanding quotes of $3.8 million.

  • February 06, 2024

    McDonald's Franchisee Settles Sex Assault Lawsuit For $4.4M

    A bankrupt McDonald's franchisee will pay $4.35 million to end a lawsuit from the family of a 14-year-old worker raped by a manager who had previously been convicted of sexually assaulting a child, according to a petition to approve the deal in Pennsylvania state court.

  • February 06, 2024

    Pa. Courts' Site Mostly Back Online Amid 'Battle' With Hackers

    The Pennsylvania courts' website remains in "a virtual battle with an unknown opponent" as portions of the state's online court systems have been restored as of Tuesday afternoon following a cyberattack that started over the weekend, according to an update from the state supreme court's chief justice.

  • February 06, 2024

    Saul Ewing Minn. Partner Named Transactional Dept. Chair

    A former managing partner of Saul Ewing LLP's Minneapolis office will oversee more than 200 attorneys as the new chair of the Philadelphia-headquartered firm's transactional department.

  • February 05, 2024

    Caterpillar Gets Tweaks To Antitrust Suit Blocked

    A Delaware federal judge has refused to let a defunct construction equipment supplier add a new legal theory in its long-running antitrust case accusing Caterpillar of pressuring an online auctioneer to break its contract with a would-be competitor, finding no good cause to permit amendment years after the deadline.

  • February 05, 2024

    Lowe's Drops Appeal After $1.5M Faulty-Roof Settlement

    Lowe's Home Centers and a Philadelphia woman will drop their appeals after reaching a $1.5 million settlement over claims that the company improperly denied warranty repairs after an affiliated contractor allegedly botched a $9,500 roof installation, court records showed.

  • February 05, 2024

    Norfolk Southern Slams Investors' Fraud Suit Over Derailment

    Norfolk Southern has asked a New York federal court to dump proposed class allegations that it misled investors by falsely touting its commitments to safety while embarking on risky cost-cutting operational and staffing changes that ultimately led to last year's fiery derailment in East Palestine, Ohio.

  • February 05, 2024

    Ozempic Injury Suits Consolidated In Eastern Pa. MDL

    The Judicial Panel on Multidistrict Litigation has moved 55 MDL cases over Ozempic and similar drugs to the Eastern District of Pennsylvania, centralizing the litigation that claims Novo Nordisk A/S and Eli Lilly & Co. failed to warn patients about the risks associated with the class of drug.

  • February 05, 2024

    Audacy Abandons BMI Merger Suit With $25.4M Stock Deal

    Audacy Inc. has agreed to drop a potential shareholder lawsuit over performing rights company Broadcast Music Inc.'s sale to an investor group in exchange for at least $25.4 million in stock under a settlement approved by a Texas bankruptcy judge on Monday.

  • February 05, 2024

    3rd Circ. Preview: Mail-In Ballot Case Headlines February

    Topping the list of Third Circuit arguments in February is a Pennsylvania case presenting the familiar issue of whether undated or misdated outer envelopes for mail-in ballots should count as valid votes.

  • February 05, 2024

    NFL Pro Pushed Miss. Officials To Harass Woman, Suit Says

    A Mississippi woman has accused law enforcement and a county prosecutor, among others, of callously helping an NFL player intimidate her after they had a yearlong sexual relationship, as part of a campaign to stop the plaintiff from publicly disclosing the relationship.

  • February 05, 2024

    CPAP Cleaner Co. Says Philips Can't Pin Recall On It

    Cleaning products designed to work with Koninklijke Philips NV's breathing machines were not the direct cause of damages the company suffered when it recalled the products, so SoClean could not be subject to false-advertising claims stemming from statements about "compatibility," it told a Pennsylvania federal court.

  • February 05, 2024

    Hack Disrupts Pa. Courts A Week After Ga. Cyberattack

    A cyberattack Sunday night on the Pennsylvania court system's website has disrupted several public-facing services Monday, nearly a week after a similar incident tied up online systems in Fulton County, Georgia.

  • February 05, 2024

    States, Enviro Groups Expand Suits Over USPS' New Vehicles

    Environmentalists and a coalition of states broadened their California federal court challenges to the U.S. Postal Service's decision to replace its aging delivery fleet with "gas-guzzling vehicles" powered by internal combustion engines, saying it failed to consider lower-emission alternatives.

  • February 05, 2024

    Chemical Co. Cut Off-Site Work From Pay, Ex-Worker Says

    A Pennsylvania chemical manufacturer and distributor underpaid its workers by leaving tasks off their paychecks that they completed away from assigned job sites and undercalculating overtime wages, an ex-worker alleged in a proposed class action filed in state court.

  • February 05, 2024

    First National Bank Strikes $13.5M Deal In NC Redlining Case

    The U.S. Department of Justice and North Carolina's attorney general said Monday that they have reached a $13.5 million settlement with First National Bank, a Pennsylvania-based regional lender, to resolve redlining claims tied to two of the Tar Heel State's largest cities.

  • February 02, 2024

    Pa. Panel Ditches Med. Mal. Suit Over Tardy Expert Report

    A medical negligence suit over an endoscopy performed on a woman who later died won't move forward because the plaintiff filed an expert report less than one month before trial with the intent to subsequently replace that expert before trial, a Pennsylvania appellate panel has ruled, finding the doctor's trial preparation was stifled.

  • February 02, 2024

    Walmart Slip-And-Fall Suit Sent Back To Philly Court

    A Pennsylvania appeals court has sent a woman's slip-and-fall suit against Walmart Inc. back to the Philadelphia Court of Common Pleas, saying Friday that the trial court was wrong to send it to Lehigh County without determining if Walmart's witnesses in the area were key to its defense.

  • February 02, 2024

    3rd Circ. Won't Overturn Fireworks Control IP Decision

    The Third Circuit has refused to overturn an earlier finding that lifted a preliminary injunction blocking Romanian company fireTEK from distributing a product that allegedly infringed a copyright on a U.S. rival's fireworks display communication protocol.

  • February 02, 2024

    Drugmaker Endo Wants To Extend Opioid Suit Pause

    Endo has asked a New York bankruptcy judge to pause the opioid litigation leveled against it for five more months, asserting that the pharmaceutical company made "wide-ranging progress" in its Chapter 11 case and expects to have a reorganization plan confirmed by March.

  • February 02, 2024

    Pennsylvania AG's Clout In Opioid Deal Likely Has Wide Reach

    A Pennsylvania court's ruling that the attorney general had the power to overrule local district attorneys' objections to a big opioid settlement could affect the prosecutors' power dynamic beyond the painkiller litigation, overshadowing other areas where they could share jurisdiction or clash over politically sensitive issues, attorneys told Law360.

  • February 02, 2024

    Infrastructure Co. Cuts Deal To Resolve DOL Equal Pay Probe

    An infrastructure consulting company has agreed to pay roughly $122,000 to shutter a U.S. Department of Labor investigation into allegations that the company paid women less than their male counterparts despite the workers having the same levels of experience and skill, the DOL said.

  • February 02, 2024

    US Steel Owes Wages For Off-Clock Duties, Worker Says

    U.S. Steel has not been paying its workers at a Pittsburgh-area plant for the time they spend preparing for and wrapping up their shifts, shorting them on wages, a mechanic has alleged in a complaint filed in Pennsylvania state court.

  • February 02, 2024

    UPMC To Settle Tuberculosis Suit With $650 Payments

    The University of Pittsburgh Medical Center has agreed to settle a class action's claims that an employee had exposed hundreds of patients to tuberculosis, offering $650 to each class member to compensate them for blood tests, according to the proposal submitted to a Pennsylvania state court.

  • February 01, 2024

    Unisys Beats Investor Suit Over Accounting Control Claims

    Information technology company Unisys and its top brass have defeated, for now, a shareholder suit alleging they made false and misleading statements about the company's internal controls, with a Pennsylvania federal court saying the suit's allegations were not pled with particularity.

Expert Analysis

  • What 3rd Circ. Gets Wrong About Arbitration Enforcement

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    The Third Circuit and other courts should correct their current law, exemplified by the Third Circuit's recent decision in Henry v. Wilmington Trust, requiring a motion to dismiss based on an arbitration clause because it conflicts with the Federal Arbitration Act, the Federal Rules of Civil Procedure, and — with regard to the improper-venue approach — U.S. Supreme Court precedent, says David Cinotti at Pashman Stein.

  • Series

    The Pop Culture Docket: Judge D'Emic On Moby Grape

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    The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.

  • The Key To Defending Multistate Collective FLSA Claims

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    Federal circuit courts are split on the reach of a court's jurisdiction over out-of-state employers in Fair Labor Standards Act collective actions, but until the U.S. Supreme Court agrees to review the question, multistate employers should be aware of a potential case-changing defense, say Matthew Disbrow and Michael Dauphinais at Honigman.

  • Series

    Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Pa. Court's Venue Ruling Is Likely To Worsen Forum Shopping

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    The Pennsylvania Supreme Court’s recent Hangey v. Husqvarna decision claims to narrowly clarify the standard for evaluating whether a venue is proper, but has broader implications that are likely to exacerbate the forum-shopping problem that already plagues corporate defendants in Pennsylvania, says Stefanie Pitcavage Mekilo and Joseph Schaeffer at Babst Calland.

  • Pa. City Ch. 9 Ruling Raises Municipal Financing Concerns

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    A Pennsylvania district court’s recent ruling in a Chapter 9 case filed by the city of Chester, Pennsylvania, strengthens the foundations of the municipal bond market, but also demonstrates that bankruptcy courts continue to struggle with some of the features of municipal revenue bonds and issue rulings that contradict market expectations, say attorneys at Cadwalader.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • And Now A Word From The Panel: Tracking MDL Geography

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    In recent years, the Judicial Panel on Multidistrict Litigation has predominantly selected states east of the Mississippi River as venues for new MDLs — but with half of the proceedings it has created in recent months venued in Arizona and California, the panel is not neglecting the western part of the country, says Alan Rothman at Sidley.

  • Pa. Ruling Shows Why Term Sheet Can Be Worth The Wait

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    A Pennsylvania bankruptcy court’s recent In re: Legarde ruling, holding that a settlement term sheet was enforceable, reminds litigants that it’s crucial to draft a written agreement before leaving mediation in order to resolve potential evidentiary issues and protect against buyer’s remorse, says Brian Shaw at Cozen O'Connor.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • An Overview Of Circuit Courts' Interlocutory Motion Standards

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    The Federal Arbitration Act allows litigants to file an immediate appeal from an order declining to enforce an arbitration agreement, but the circuit courts differ on the specific requirements for the underlying order as well as which motion must be filed, as demonstrated in several 2023 decisions, says Kristen Mueller at Mueller Law.

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