Pennsylvania

  • January 30, 2024

    Conn. Security Co. Says Toll Bros. Deal Caused $1.6M Loss

    The president of two Connecticut-based home security entities facing a $2.7 million prejudgment remedy bid in a contract feud filed by a Toll Brothers Inc. subsidiary on Tuesday testified that his companies lost $1.6 million by buying some of the nationwide home builder's accounts.

  • January 30, 2024

    Injured Man Can't Sue Deli Insurer For Payment, 3rd Circ. Says

    The Third Circuit ruled Tuesday that the insurer of a Philadelphia deli doesn't have to indemnify the owner for a $900,000 settlement between him and a man who sued after being stabbed on the premises, reasoning that the victim was barred from relitigating the same issues with the insurance company.

  • January 30, 2024

    Work Reassignment Didn't Warrant NLRB Ire, 3rd Circ. Told

    An art supply company told the Third Circuit on Tuesday that the National Labor Relations Board erred in finding the company violated the law by terminating a temporary worker for raising concerns about alleged racism and workplace conditions, arguing that the worker was never fired.

  • January 30, 2024

    1 Year Later: How 2 States Reckoned With A Train Derailment

    In the nearly one year since a Norfolk Southern Railway Co. cargo train derailed and released toxic chemicals in East Palestine, Ohio, right on the border of western Pennsylvania, both states have launched environmental monitoring programs and secured funding or financial commitments from the company.

  • January 30, 2024

    Colo. Worker Says Pa. Staffing Agency Shorted Wages

    A Pennsylvania staffing agency has been underpaying its Colorado workers, slashing overtime wages by paying them only for their scheduled hours rather than hours they worked and rounding their time sheets to the nearest full hour, according to a proposed class action in Pennsylvania state court.

  • January 30, 2024

    Pa. Justices Revive 'Regular Use' Auto Policy Exclusion

    An auto policy exclusion barring underinsured motorist coverage for injuries involving a nonowned vehicle that an insured regularly uses does not violate a Pennsylvania law, the state's Supreme Court ruled, reversing an appeals court's decision against Erie Insurance Exchange.

  • January 29, 2024

    3 Takeaways From Roundup Jury's $2.25B Blow To Monsanto

    A Philadelphia jury's $2.25 billion judgment against Monsanto in the city's Roundup weedkiller mass tort sent shock waves across the legal community Friday, emerging as one of the strongest rebukes against the Bayer AG unit, and its second 10-figure setback in as many months over claims it failed to warn consumers of cancer-causing chemicals in the product.

  • January 29, 2024

    Split Pa. Justices Let Bankrupt City's Receiver Keep Power

    Pennsylvania's Supreme Court on Monday split over a state-appointed receiver's ability to restrict the administrative powers of elected city officials, affirming an order that let the receiver take control of the troubled town of Chester's finances and day-to-day operations.

  • January 29, 2024

    US Trustee, Rite Aid Negotiate Revised Mediation Order

    A New Jersey bankruptcy judge said Monday he would approve a revised mediation order in the bankruptcy of Rite Aid Corp. after the U.S. Trustee's Office suggested changes to an earlier order.

  • January 29, 2024

    Blue Diamond's Almonds Aren't Smoked, False Ad Suit Says

    Blue Diamond Growers was hit Sunday with a potential class action in Pennsylvania federal court by consumers who accused it of deceptively labeling its almonds with the term "Smokehouse" across a red banner and an orange polygon to evoke fire, despite the products' flavors coming primarily from synthesized liquid smoke.

  • January 29, 2024

    The Top Attys In Clinton's Impeachment Trial, 25 Years Later

    One of them just went to federal prison, and another famously beat a federal indictment. One has been seeking the White House, and another has been steering a BigLaw powerhouse. Each was among the two dozen attorneys who litigated President Bill Clinton's historic impeachment trial 25 years ago this month — and then saw their lives go in dramatically different directions.

  • January 29, 2024

    Ex-Union Leader Says Witness Should Sink Embezzlement Verdict

    Former Philadelphia union leader John Dougherty asked a federal judge Monday to undo his conviction on nine counts of embezzlement, arguing that a contractor's testimony failed to prove Dougherty knew the contractor was billing the union for work on union officials' personal properties.

  • January 29, 2024

    Feds Drop Insider Trading Charges Against Ex-Mylan Exec

    Federal prosecutors in Pennsylvania dropped insider trading charges against a former executive of the since-merged pharmaceutical company Mylan just weeks before trial due to what defense attorneys said was flimsy evidence against their client.

  • January 29, 2024

    Protein Bar Co.'s Insurer Says Supplier Ruined $3M In Product

    An insurer for a Pittsburgh-based protein-bar maker said the company lost $3 million due to plastic and paper contaminants found in collagen supplied by a Michigan-based company, according to a lawsuit filed in Pennsylvania state court Friday.

  • January 29, 2024

    Pa. High Court Revives Challenge To Medicaid Abortion Ban

    The Pennsylvania Supreme Court on Monday revived an abortion provider challenge to a ban on Medicaid funding for abortions, with two justices voicing support for concluding that the state constitution includes a right to an abortion.

  • January 29, 2024

    Judge Sidelines Early Release Bid By Disbarred NJ Atty

    A New Jersey federal judge has rejected a former attorney's bid to shorten his four-year sentence for wire fraud in order to care for his elderly mother, ruling that he wasn't able to show that his mother is incapacitated or that he is the only available caregiver.

  • January 26, 2024

    US Steel Inks Deal To End Enviro Groups' Pollution Suit

    U.S. Steel announced Friday that it reached a multimillion-dollar settlement with two Pennsylvania environmental groups and a county health department, ending litigation alleging violations of air pollution standards stemming from a 2018 fire and subsequent pollution control system breakdowns at company plants.

  • January 26, 2024

    Unpaid Royalties Not Ch. 11 Estate Property, 3rd Circ. Says

    Underpaid royalties on natural gas from leased land are property of the landowners under Colorado law, the Third Circuit has ruled, overturning a Delaware bankruptcy court's finding that the disputed funds belonged to the Chapter 11 estate of a former drilling company.

  • January 26, 2024

    Pa. Judge OKs Stream TV Ch. 11 Trustee, Del. Debt Action

    A Pennsylvania bankruptcy judge has ordered a trustee to take over the Chapter 11 bankruptcy proceedings of 3D television maker Stream TV Networks and subsidiary Technovative Inc., while also allowing a Delaware Chancery Court case seeking to establish control of Technovative to go forward.

  • February 08, 2024

    Law360 Seeks Members For Its 2024 Editorial Boards

    Law360 is looking for avid readers of its publications to serve as members of its 2024 editorial advisory boards.

  • January 26, 2024

    Panel Backs AG's Power To Nix Claims In $26B Opioid Deal 

    Pennsylvania's attorney general had the authority to join a $26 billion, multistate settlement with opioid companies and shut down consumer protection lawsuits brought by two district attorneys, a state appellate court ruled Friday, handing a first-impression defeat to local prosecutors challenging the attorney general's authority to release their claims in the blockbuster litigation.

  • January 26, 2024

    Monsanto Hit With $2.25B Verdict In Philly Roundup Trial

    A Philadelphia jury on Friday hit the makers of weedkiller Roundup with an astronomical $2 billion punitive damages verdict, along with $250 million in compensatory damages, in a case brought by a Pennsylvania man who claimed Monsanto failed to warn users that the product contained carcinogenic chemicals and contributed to his development of cancer.

  • January 26, 2024

    Schools, Towns Can't Show Feasible Alternative, Turf Co. Says

    A synthetic turf maker asked a New Jersey federal judge on Thursday to toss claims that its fields are defective, arguing the plaintiffs have failed to show that any feasible alternative existed at the time they purchased their fields.

  • January 26, 2024

    Ex-Allied World Exec Denies Feds' $1.5M Fraud Charges

    A former vice president at Allied World National Insurance Co. who was recently ordered to pay $2.9 million to the company in its civil case accusing him of embezzlement has pled not guilty to federal prosecutors' 10 wire fraud charges against him in his parallel criminal proceedings.

  • January 25, 2024

    Philly Children's Hospital Avoids Baby Brain Injury Suit

    A $7 million medical malpractice settlement for claims that an Ohio doctor's operation injured an unborn child precluded a separate lawsuit claiming that Children's Hospital of Philadelphia caused the same injuries by not treating the same issue, a Pennsylvania appellate court ruled Thursday.

Expert Analysis

  • How Life Sciences Cos. Can Prevent Securities Class Actions

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    Though the overall volume of securities fraud class actions has dipped in the last couple of years, life sciences companies remain a particularly popular target for these filings and should employ best practices to minimize risk, say Joni Jacobsen and Angela Liu at Dechert.

  • How Law Firms Can Use Account-Based Marketing Strategies

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    Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.

  • Navigating Over-The-Counter Product Ads After FTC Warning

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    Attorneys at Hunton examine advertising substantiation requirements under both the Federal Trade Commission Act and Lanham Act, following recent FTC letters informing hundreds of companies that over-the-counter product marketing claims must be corroborated by scientific evidence.

  • AGs' Distaste For Food Bill May Signal Other State Issues

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    States' recent opposition to a proposed federal law that would block them from regulating out-of-state agricultural production could affect issues beyond this narrow debate, such as the balance of state and federal regulatory power, reproductive rights post-Dobbs, and energy production and water use, say Christopher Allen and Stephen Cobb at Cozen O'Connor.

  • Strategic Succession Planning At Law Firms Is Crucial

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    Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.

  • Autonomous Vehicles Must Navigate Patchwork Of State Regs

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    With only modest action by the federal government on the autonomous vehicle regulatory front in 2023, states and localities remain the predominant source of new regulations affecting AVs — but the result is a mix of rules that both help and hinder AV development and adoption, say attorneys at Faegre Drinker.

  • Maximizing Law Firm Profitability In Uncertain Times

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    As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.

  • Federal Policies Keeping Autonomous Vehicles In Slow Lane

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    In the first installment of this two-part article, attorneys at Faegre Drinker examine recent federal regulations and programs related to autonomous vehicles — and how the federal government's failure to implement a more comprehensive AV regulatory scheme may be slowing the progress of the industry.

  • FLSA Ruling Highlights Time Compensability Under State Law

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    While the Third Circuit's August decision in Tyger v. Precision Drilling endorsed the prevailing standard among federal courts regarding time compensability under the Fair Labor Standards Act, it also serves as a reminder that state laws will often find a broader range of activities to be compensable, say Ryan Warden and Craig Long at White and Williams.

  • 5th Circ. Ruling Reminds Attys That CBP Can Search Devices

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    The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.

  • Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees

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    The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • Appellate Rulings Highlight Telecom Standard Uncertainties

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    Two recent contrasting appellate opinions in Cellco v. White Deer Township and NMSurf v. Webber — interpreting Sections 332 and 253 of the Communications Act, respectively — demonstrate the continuing uncertainty carriers face when challenging state and local requirements that may impede their provision of telecommunications services, say attorneys at Davis Wright.

  • And Now A Word From The Panel: A One-State MDL?

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    As the Judicial Panel on Multidistrict Litigation prepares for its September hearing session where it will consider a petition in which the two constituent actions are both pending in Pennsylvania, but in different districts, Alan Rothman at Sidley points out that the presence of actions in a single state does not preclude the filing of an MDL petition.

  • 2 Cases May Expand CFPB's Reach On Deceptive Practices

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    In two separate cases, the Consumer Financial Protection Bureau is asserting a broad interpretation of who is subject to the Consumer Financial Protection Act's prohibition on unfair, deceptive, or abusive acts and practices, raising questions about what an expansion of its authority might mean for consumer credit markets, say John Coleman and Leslie Meredith at Orrick.

  • Exclusivity Loss Holds Power In Trade Secret Damages Claims

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    A Pennsylvania federal court's recent decision in Elite Transit v. Cunningham adds to a growing body of case law that illustrates how the loss of trade secret exclusivity alone may be sufficient for claiming damages, even when commercialization of a trade secret has not occurred, say Christopher DeBaere and Julia Bloch at Archway Research.

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