Pennsylvania

  • 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.

  • February 01, 2024

    Insurer Fights Railroad Subpoena For Ohio Derailment Docs

    An insurance company that investigated claims made surrounding last year's East Palestine, Ohio, derailment has asked an Ohio federal court to block a subpoena from Norfolk Southern seeking to procure its findings from the area where the accident occurred, arguing it was a nonparty to the massive litigation over the derailment.

  • February 01, 2024

    Philly Station Calls Smartmatic Suit Irrelevant To FCC License

    Fox Television Stations LLC is calling on federal regulators to reject claims that Smartmatic's ongoing defamation case against Fox News, a separate subsidiary owned by the station group's parent company, should jeopardize its local Philadelphia station's license.

  • February 01, 2024

    3rd Circ. Orders NJ Court To Rethink $29M Verdict Erasure

    The Third Circuit on Thursday provided courts updated guidance for dismissing a case while a defendant is the subject of foreign bankruptcy proceedings, ordering a New Jersey federal judge to look at her decision to vacate a $29 million breach of contract verdict through a different lens.

  • February 01, 2024

    3rd Circ. Says EEOC Religious Bias Suit Should Go To Jury

    The Third Circuit revived a U.S. Equal Employment Opportunity Commission suit Thursday claiming a call center employee was forced to quit his job or face termination for taking time off to practice Judaism, ruling that a jury needed to decide if the employee was truly forced to quit.

  • February 01, 2024

    NJ Says Constitution Doesn't Protect Medical Aid In Dying

    New Jersey's attorney general has asked a Garden State federal court to dismiss a lawsuit alleging a residency requirement in the state's 2019 law allowing terminally ill patients to request life-ending medications violates the U.S. Constitution.

  • February 01, 2024

    State-Led Generic Drug Cases Removed From MDL

    The Judicial Panel on Multidistrict Litigation has sent a trio of cases from state-level enforcers back to federal court in Connecticut, separating them from the sprawling MDL centralized in Pennsylvania over claims of price fixing in the generic drug industry.

  • February 01, 2024

    Worker Says Helicopter Co. Fired Her For Remote Work Ask

    A helicopter manufacturer refused to allow an employee who suffers from anxiety to continue working from home after the company brought workers back to the office in October 2020, then fired her when she refused to resign, according to a lawsuit filed Thursday in Pennsylvania federal court.

  • February 01, 2024

    Pennsylvania Courts Settle DOJ Opioid Bias Claims For $100K

    The Unified Judicial System of Pennsylvania, the body comprising all the state's courts, has agreed to pay $100,000 to resolve claims that several individual courts within the system violated the Americans with Disabilities Act by preventing those being treated for opioid addiction under court supervision from taking legally prescribed medicines.

  • February 01, 2024

    Publicis Reaches $350M Opioid Settlement With All 50 States

    Publicis Health LLC settled a lawsuit on Thursday with all 50 U.S. states, the District of Columbia, and several U.S. territories for $350 million over claims that it helped exacerbate the opioid crisis through its work with Purdue Pharma, the manufacturer behind OxyContin.

  • February 01, 2024

    3rd Circ. Backs NJ Town's Abortion Clinic Buffer Zones

    The Third Circuit has stood by a New Jersey town's ordinance creating eight-foot buffer zones around healthcare facilities that protesters cannot enter, rejecting arguments from an anti-abortion activist that the zones restricted her free speech rights by stopping her from following women seeking abortions all the way to the door.

  • January 31, 2024

    3rd Circ. Affirms Trimming Of Probate Claims In Estate Row

    The Third Circuit said on Wednesday that a federal court should not exercise authority over a disputed estate while a state court has custody and is adjudicating a parallel case, finding that a Pennsylvania district court got it right when it declined to intervene in an inheritance dispute connected to a law firm's alleged mismanagement of an estate.

  • January 31, 2024

    Security Co. Prez Downplays AG Probes In Toll Bros. Lawsuit

    The president of a Connecticut-based home security company quibbled Wednesday with a Toll Brothers Inc. subsidiary's attempt to use government enforcement actions to bolster a $2.7 million prejudgment remedy bid in a contract feud, at one point correcting his opponent on the fine one state collected by some $4 million.

  • January 31, 2024

    When Managing Partners Watch, Trial Attys Face 2 Juries

    When top managing partners show up in court to sit in on trials, it can provoke angst for rank-and-file trial lawyers, but a recent example in an employment trial against Robert De Niro gave three name partners the rare treat of seeing their team in action.

  • January 31, 2024

    Drowned Dredging Worker's Widow Hits Feds With $4M Suit

    The Army Corps of Engineers' failure to properly ensure safe working conditions for workers contracted to dredge the Delaware River led to the death of a man who fell from an elevated work platform and drowned, according to a $4 million suit by the man's widow.

Expert Analysis

  • 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.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • What Cos. Should Know About FTC's Proposed Junk Fee Rule

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    The Federal Trade Commission recently announced a notice of proposed rulemaking targeting junk fees and how businesses may advertise prices to consumers — and since it would give the agency powers to seek monetary penalties against businesses that do not comply, companies should look to get ahead now, say Phyllis Marcus and Nicole Johnson at Hunton Andrews.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • Rite Aid's Reasons For Ch. 11 Go Beyond Opioid Suits

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    Despite opioid-related lawsuits being the perceived reason that pushed Rite Aid into bankruptcy, the company's recent Chapter 11 filing reveals its tenuous position in the pharmaceutical retail market, and only time will tell whether bankruptcy will right-size the company, says Daniel Gielchinsky at DGIM Law.

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

  • Finding Focus: Strategies For Attorneys With ADHD

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    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • Employers Should Review Training Repayment Tactics

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    State and federal examination of employee training repayment agreements has intensified, and with the potential for this tool to soon be severely limited, employers should review their options, including pivoting to other retention strategies, says Aaron Vance at Barnes & Thornburg.

  • Opinion

    Courts Shouldn't Credit Allegations From Short-Seller Reports

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    Securities class actions against public companies can extend for years and lead to significant settlements, so courts should not allow such cases with allegations wholly reliant on reports by short-sellers, who have an economic interest in seeing a company's stock price decline, to proceed past the motion to dismiss stage, says Richard Zelichov at DLA Piper.

  • Handling Religious Objections To Abortion-Related Job Duties

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    While health care and pharmacy employee religious exemption requests concerning abortion-related procedures or drugs are not new, recent cases demonstrate why employer accommodation considerations should factor in the Title VII standard set forth by the U.S. Supreme Court’s 2023 Groff v. DeJoy ruling, as well as applicable federal, state and local laws, say attorneys at Epstein Becker.

  • Attorneys, Law Schools Must Adapt To New Era Of Evidence

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    Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.

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