Pennsylvania

  • 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.

  • January 31, 2024

    The Rail Industry And The East Palestine Wreck: 1 Year Later

    A year after a Norfolk Southern train carrying toxic chemicals derailed on the border of Ohio and Pennsylvania, sprawling consolidated litigation and proposed regulations carry the promise of preventing a recurrence even though federal accident investigators have not yet issued a final determination on what caused the disaster.

  • January 31, 2024

    3rd Circ. Probes Power Of EPA Advisory In Chemours Fight

    Chemours Co. FC LLC asked a Third Circuit panel Wednesday during an oral argument to endorse their position that a U.S. Environmental Protection Agency health advisory over the company's chemicals carries the same weight as the law, forcing the business into compliance with de facto regulation.

  • January 31, 2024

    Calif., Pa. Judge Picks Win Seats Despite Harsh GOP Criticism

    The Senate voted on Wednesday 54-45 to confirm Assistant U.S. Attorney Kirk Edward Sherriff to the Eastern District of California and 50-49 to confirm U.S. Magistrate Judge Karoline Mehalchick to the Middle District of Pennsylvania.

  • January 31, 2024

    NJ Suspends Pa. Atty For 2 Years Over Ethical Lapses In Court

    A Pennsylvania attorney has been handed a two-year suspension in New Jersey, preventing him from practicing law there for ethical violations including making dishonest statements in court, as reciprocal discipline for a two-year suspension ordered in the Keystone State in October 2021.

  • January 31, 2024

    Power Cos. Tell 3rd Circ. FERC Was Locked Into Auction Rules

    Electricity providers told a Third Circuit panel in oral argument Wednesday that the Federal Energy Regulatory Commission improperly changed its rules on the fly in 2023 in order to tweak the results of a PJM Interconnection electricity capacity auction, arguing that once the auction procedures were set, the agency should have been bound to stick with them.

  • January 30, 2024

    Clorox, Brita Can't Beat Filter 'Patent Ambush' Antitrust Suit

    A Pennsylvania federal judge on Tuesday ordered that Clorox Co. and its Brita brand must face an antitrust lawsuit accusing the companies of engaging in a "patent ambush" to corner the market on home water filters, saying there is not enough overlap between the antitrust suit and Brita's patent infringement suit in Delaware to either dismiss or transfer venues.

  • January 30, 2024

    Gun Industry Avoids 'Gamechanging' 1st Circ. Mexico Ruling

    The First Circuit's recent decision to revive a suit by Mexico seeking to hold Smith & Wesson and other gunmakers responsible for thousands of weapons trafficked south of the border was a blow to the industry but not nearly as "gamechanging" as it could've been, experts said.

Expert Analysis

  • 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.

  • The Growing Need For FLSA Private Settlement Rule Clarity

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    A Pennsylvania district court's recent ruling in Walker v. Marathon Petroleum echoes an interesting and growing trend of jurists questioning the need for — and legality of — judicial approval of private Fair Labor Standards Act settlements, which provides more options for parties to efficiently resolve their claims, says Rachael Coe at Moore & Van Allen.

  • Tips For Litigating Against Pro Se Parties In Complex Disputes

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    Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.

  • Compliance Primer: Foreign Investment In US Real Property

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    The rise in foreign investment in U.S. real property, especially agricultural land, has led to increased national security concerns, meaning it’s important to understand reporting requirements under the Agricultural Foreign Investment Disclosure Act and state-level statutes, and to monitor legislative proposals that could create more stringent reporting and review processes, say attorneys at K&L Gates.

  • Pro Bono Work Is Powerful Self-Help For Attorneys

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    Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.

  • Series

    Playing In A Rock Cover Band Makes Me A Better Lawyer

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    Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.

  • Series

    The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'

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    The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.

  • Opinion

    Newman Suspension Shows Need For Judicial Reform

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    The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.

  • 3 Personal Jurisdiction Questions Mallory Leaves Unanswered

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    The due process framework that has cabined personal jurisdiction over nationwide and global businesses for the last eight decades looks increasingly precarious after this summer's fractured U.S. Supreme Court decision in Mallory v. Norfolk Southern Railway Co., which left three key questions unanswered, says Andrew Rhys Davies at WilmerHale.

  • Pa. Autodialer Decision Has Turned TCPA Tides In 3rd Circ.

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    Amid a daunting post-Facebook v. Duguid landscape in the Third Circuit for Telephone Consumer Protection Act defendants, a Pennsylvania district court recently adopted a narrow automatic telephone dialing system definition in Perrong v. Bradford, which is a win for defense counsel, say attorneys at Troutman Pepper.

  • How And Why Your Firm Should Implement Fixed-Fee Billing

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    Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Why Standing Analysis Is Key In Data Breach Mediation

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    Amid a growing wave of data breach class action litigation, recent legal developments show shifting criteria for Article III standing based on an increased risk of future identity theft, meaning parties must integrate assessments of standing into mediation discussions to substantiate their settlement demands in data breach class actions, says Abe Melamed at Signature Resolution.

  • Opinion

    Judicial Independence Needs Defense Amid Political Threats

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    Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.

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