Pennsylvania

  • April 12, 2024

    'Ghost Gun' Cos. Ink $1.3M Deal To End Philly's Safety Suit

    The city of Philadelphia filed a $1.3 million settlement agreement Friday with two companies that sold kits and parts for so-called "ghost guns," touting it as a victory in reducing the number of unregulated firearms in the region.

  • April 11, 2024

    State Rules Can't 'Obliterate' Federal Rights, Justices Told

    The U.S. Supreme Court must clarify that states are categorically prohibited from requiring plaintiffs to exhaust local administrative remedies before pursuing claims that state officials violated federal rights, several Alabamans told the court Thursday, warning that state prerequisites obliterate federal rights.

  • April 11, 2024

    Ohio Judge Axes Norfolk's Derailment Cleanup Cost Defenses

    An Ohio federal judge has struck several of Norfolk Southern Corp.'s defenses against the government's environmental cleanup cost suit arising from the train derailment in East Palestine but said it is too early to rule on the company's argument that the Comprehensive Environmental Response Compensation and Liability Act claims are preempted by federal rail statutes.

  • April 11, 2024

    Fla. Restaurateur Gets Prison Time For Dodging Payroll Taxes

    The ex-CEO of a defunct Jacksonville, Florida-based restaurant chain was sentenced to 2½ years in federal prison after pleading guilty earlier this year to willfully failing to pay more than $5 million in payroll taxes.

  • April 11, 2024

    BNY Can't Nix Suit Alleging Mutual Fund Conflict Of Interest

    The Bank of New York Mellon must face most of the remaining claims in a proposed self-dealing class action alleging it failed to disclose conflicts of interest when funneling client assets into mutual funds and other investment vehicles that favored the bank.

  • April 11, 2024

    Judge Grants $3.2M In Fees For Wawa Class Counsel

    There is no evidence of side agreements or collusion between attorneys representing a proposed class in a suit against Wawa Inc. and the convenience store's defense counsel, according to a Pennsylvania federal judge's order approving $3.2 million in attorney fees following appellate court review.

  • April 11, 2024

    State Bar Attys Fight Eastman's Bid To Activate Law License

    The State Bar of California has formally opposed John C. Eastman's motion to stay a March order placing him on inactive status pending appeal of a recommendation that he be disbarred.

  • April 11, 2024

    Jury Frees Urban Outfitters From Trade Secrets Suit

    Urban Outfitters on Thursday beat back a lawsuit from a bankrupt online fashion rental company claiming the retailer stole its proprietary information to set up a competing business, with a Philadelphia federal jury finding that the clothing chain did not misappropriate trade secrets.

  • April 11, 2024

    Pa. Docs Must Face Patient's Post-Op Blood Clot Death Suit

    A Pennsylvania appeals court has revived a woman's suit against her husband's physician over his death from a pulmonary embolism, saying her experts established a factual dispute over whether the doctor's failure to conduct appropriate tests or inform a surgeon of the husband's prior blood clots led to his death.

  • April 10, 2024

    3rd Circ. Won't Revive White And Williams Malpractice Suit

    The Third Circuit on Wednesday declined to revive a $30 million legal malpractice suit brought by a home improvement product manufacturer against White and Williams LLP, finding the claim should have been brought in an earlier action between the parties.

  • April 10, 2024

    Drivers Seek Nix Of Uber's Motion After 'Road Not Taken' Brief

    UberBlack drivers urged a Pennsylvania federal judge not to require them to respond to Uber Technologies Inc.'s additional filing in an independent contractor dispute after the company already submitted a brief invoking Robert Frost's poem "The Road Not Taken," saying Uber defied an order setting page limits.

  • April 10, 2024

    Emissions Rules' Foes May Be Forced To Yield To Automakers

    Potential challengers of vehicle emissions rules were shown they're not necessarily in the drivers' seat on the issue when the D.C. Circuit upheld California's authority to set its own greenhouse gas emissions standards and run a zero-emission vehicles program while citing the auto industry's peace with the regulations.

  • April 10, 2024

    3rd Circ. Skeptical Of Challenge To NLRB Bonuses Ruling

    A Third Circuit panel appeared skeptical Wednesday of a nursing home's challenge to a National Labor Relations Board decision finding it unlawfully altered bonus pay it issued during the pandemic without bargaining, as judges questioned the company's argument that the bonuses were allowable under an expired contract.

  • April 10, 2024

    3rd Circ. Revives Retaliation Suit Against Pa. House GOP

    The Third Circuit breathed new life Wednesday into a former district office manager's lawsuit alleging she was fired by the Pennsylvania House Republican Caucus for reporting she had discovered mold in a state representative's office, finding she was acting outside her job duties when she spoke up.

  • April 10, 2024

    Honeywell Sues Insurer For $8.75M Performance Bond

    A company that issued a $8.75 million performance bond is refusing to honor its deal with Honeywell International Inc. after a subcontractor declared bankruptcy and didn't finish its work at the Tobyhanna Army Depot in Pennsylvania, Honeywell claims in a suit filed Tuesday in Pennsylvania federal court.

  • April 10, 2024

    'Let's Get Physical': Pa. Justices Tune In To COVID-19 Coverage

    One of late singer Olivia Newton-John's greatest hits struck a chord with a Pennsylvania Supreme Court justice Wednesday as he considered whether insurers should cover business losses stemming from government shutdown orders during the COVID-19 pandemic 

  • April 10, 2024

    Talc Death Liability Should Have Been Even Split, Panel Finds

    A Pennsylvania appeals court on Wednesday partially reversed a $400,000 verdict in a mesothelioma suit against American International Industries, with a panel finding the trial court should have split the verdict in even thirds, rather than putting 50% of it on AII.

  • April 10, 2024

    DA Says SEPTA Prosecutor Law Unfairly Singles Out Philly

    An attorney for Philadelphia District Attorney Larry Krasner told a Pennsylvania appellate court Wednesday that a law mandating a "special prosecutor" within the Attorney General's Office to handle crimes within the Southeastern Pennsylvania Transportation Authority had unfairly and unconstitutionally singled out Philadelphia and his office.

  • April 10, 2024

    Chase, Zelle Can Arbitrate Stolen-Funds Reimbursement Case

    A Pennsylvania federal judge on Tuesday granted Chase Bank and Zelle's request to arbitrate customer claims they acted negligently and violated consumer protection laws by refusing to refund stolen funds, with the judge saying that relevant virtual terms of service required by Chase are valid, and that Zelle may enforce the agreement as a third-party beneficiary.

  • April 09, 2024

    Philips, Feds Enter Consent Decree Over Sleep Apnea Devices

    Philips Respironics can't make sleep apnea breathing machines until it hires an independent monitor, undergoes inspections and meets its obligations under a plan to remediate patients affected by a 2021 recall of such devices, the U.S. Department of Justice and U.S. Food and Drug Administration announced Tuesday.

  • April 09, 2024

    What's In The Norfolk Southern $600M Derailment Deal

    Last year's fiery Norfolk Southern train derailment and toxic chemical spill in East Palestine, Ohio, reached a litigation milestone Tuesday with the disaster's first major settlement, a proposed $600 million deal with nearby residents and businesses, but the rail giant must still contend with a federal investigation and other lawsuits.

  • April 09, 2024

    Insurers Can Expect Scrutiny Over AI Use, Pa. Agency Says

    Pennsylvania insurers can expect to receive scrutiny over their use of artificial intelligence tools, the state's insurance department said in guidance that urges companies to take measures to minimize discrimination, inaccuracies and potential harms to consumers.

  • April 09, 2024

    Equitrans Hit With $1.1M Pollution Penalties In Pennsylvania

    The Pennsylvania Department of Environmental Protection unveiled more than $1.1 million in civil penalties against Equitrans Midstream Partners LP on Tuesday for violations related to the company's uncontrolled gas release from its Rager Mountain natural gas storage field in Cambria County.

  • April 09, 2024

    Pa. Panel Won't Undo Town Election Due To Missed Deadline

    The Pennsylvania Commonwealth Court said supporters of a candidate for the Towamencin Township Board of Supervisors missed their deadline to challenge Montgomery County's decision to count contested mail-in ballots, which had turned the incumbent's narrow win last November into a tie that his opponent won in the tiebreaker.

  • April 09, 2024

    Gun Shield Law Constitutional, Arms Co. Tells Pa. High Court

    Springfield Armory Inc. has asked the Pennsylvania Supreme Court to undo a ruling that it was not immune from product defect claims filed by the family of a boy who was shot by a friend thinking one of the company's guns was unloaded, arguing that Congress intended to prevent such lawsuits with the Protection of Lawful Commerce in Arms Act.

Expert Analysis

  • 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.

  • Section 363 Ruling Lines Up With Avoidance Action Precedent

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    While it is safe to say that avoidance actions in bankruptcy cases are the exception, not the rule, when selling assets in a Section 363 sale, the Eighth Circuit’s recent ruling in Simply Essentials’ Chapter 5 case reveals uniformity among courts that have considered the issue, says Daniel Lowenthal at Patterson Belknap.

  • What Large Language Models Mean For Document Review

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    Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.

  • Checking In On How SuperValu Has Altered FCA Litigation

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    Four months after the U.S. Supreme Court's ruling in U.S. ex rel. Chutte v. SuperValu, the decision's reach may be more limited than initially anticipated, with the expansion of the scienter standard counterbalanced by some potential defense tools for defendants, say Elena Quattrone and Olivia Plinio at Epstein Becker.

  • Series

    Participating In Living History Makes Me A Better Lawyer

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    My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.

  • Opinion

    Private Equity Owners Can Remedy Law Firms' Agency Issues

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    Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.

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