Pennsylvania

  • November 21, 2019

    Attys Duck Punitives In Row Over Ex-Client's Sex Assault Trial

    A Pennsylvania state court has blocked a man who sued his attorneys over a $3 million sexual assault verdict from seeking punitive damages, though his legal malpractice case claiming his counsel botched the case may continue.

  • November 21, 2019

    3rd Circ. Won't Rethink OK'ing Seizure Of Citgo Parent Shares

    The Third Circuit will not rehear its decision allowing Crystallex International Corp. to seize shares in Citgo's parent company to enforce an arbitral award now worth more than $1.4 billion against Venezuela, according to a Thursday order.

  • November 21, 2019

    Contested 9th Circ., Trial Court Picks Move Forward

    Republicans on the Senate Judiciary Committee advanced two Ninth Circuit picks Thursday despite opposition from home-state Democratic senators, while the chamber's majority leader teed up confirmation votes for eight district court nominees, including one who's drawn bipartisan opposition over her anti-abortion advocacy.

  • November 21, 2019

    3rd Circ. Nixes Ex-Atty's New Trial Bid Over Billing Scam

    The Third Circuit on Thursday shot down a disbarred immigration attorney’s bid for a new trial on charges of bilking two multinational companies out of hundreds of thousands of dollars for advertising services that were never provided, saying his purportedly newly discovered evidence would not likely lead to an acquittal.

  • November 21, 2019

    Pa. Justices Split On Disbarring Atty For Fling With Client

    A Philadelphia-area attorney who struck up a sexual relationship and engaged in improper financial dealings with a client came under scrutiny before the Pennsylvania Supreme Court on Thursday as the justices, while clearly united in their disapproval of the conduct, appeared split on whether or not he should be disbarred.

  • November 21, 2019

    Childhood Sexual Abuse Bills Head To Pa. Gov.'s Desk

    Victims of childhood sexual abuse in Pennsylvania will have more time to bring charges if the state's Democratic governor signs a package of bills meant to implement the recommendations of a grand jury report on misconduct in the Catholic Church.

  • November 21, 2019

    No Speedy Victory For Either Side In Pa. Payday Lending Suit

    Neither the Pennsylvania Attorney General’s Office nor the two parties left in its suit over illicit payday loans can resolve claims early in their favor, according to a Pennsylvania federal judge who said that too many disputed issues remained to end the litigation.

  • November 21, 2019

    REIT Acquires Brookfield Warehouse Operator For $253M

    Americold Realty Trust, a REIT focused on temperature-controlled warehouses, said Thursday it has agreed to acquire the Canadian warehouse operator Nova Cold Logistics from Brookfield Business Partners in a deal worth CA$337 million ($253 million).

  • November 21, 2019

    Aramark Nears Deal To End Suit Over Manager Bonuses

    Aramark Corp. is hashing out the final terms of a deal to settle a proposed class action from a group of managers accusing the Philadelphia-based food giant of reneging on its promises to pay them bonuses in 2018. 

  • November 20, 2019

    Harvest Health Walks Away From $225M Financing Deal

    Arizona-based cannabis giant Harvest Health & Recreation said Wednesday that it has walked away from a $225 million financing deal and scaled back plans to acquire cannabis licenses in several states.

  • November 20, 2019

    Divulging Password Violates 5th Amendment, Pa. Justices Say

    Pennsylvania state investigators can't force a defendant in a child pornography case to surrender the password to his encrypted computer because doing so would violate his Fifth Amendment right against self-incrimination, the state's top court held Wednesday.

  • November 20, 2019

    Zimmer Must Face Pa. Woman's Faulty Hip Implant Claims

    The Third Circuit has reversed the dismissal of a suit against Zimmer US Inc. over a woman's allegedly defective hip implant, saying it's up to a jury to decide whether she filed her claims too late.

  • November 20, 2019

    Fed. Circ. Won't Lift Attorney's USPTO Suspension

    The U.S. Patent and Trademark Office was within its rights to ban a Canadian attorney who had his Pennsylvania license suspended three times, practiced without a license in Massachusetts and submitted documents to the USPTO during one of the suspensions, the Federal Circuit said Wednesday.

  • November 20, 2019

    Worker Classification Bid 'Makes No Sense,' Pa. Justice Says

    Arguments aimed at putting employers on the hook for withholding unemployment compensation taxes from workers who could potentially be considered independent contractors faced stiff criticism from Pennsylvania’s highest court on Wednesday, as one justice said the position made “no sense at all.”

  • November 20, 2019

    Pa. High Court Told To Suspend Sandusky Prosecutor

    A representative from the agency tasked with disciplining Pennsylvania attorneys leveled withering criticism against the lead prosecutor in the Jerry Sandusky sex abuse case as she urged the state's highest court on Wednesday to suspend him from the bar over purported violations of attorney-client privilege during the investigation.

  • November 20, 2019

    3rd Circ. Rejects FCC's Rehearing Bid In Media Rules Case

    The Third Circuit on Wednesday rejected the Federal Communications Commission’s request to rehear a court order requiring the agency to rework some of its media ownership rules.

  • November 20, 2019

    $21M Nationwide Bad Faith Row Rests On Appeals Court Role

    The Pennsylvania Supreme Court will hear arguments Thursday over whether a state appeals court overstepped its bounds when it vacated a $21 million award against Nationwide in a bad faith case over the insurer's handling of a 23-year-old auto insurance claim. Here, Law360 breaks down the case's history in advance of the hearing.

  • November 20, 2019

    Pa. Bills Would Require OK Of Gov.'s Carbon Tax Agreement

    Pennsylvania lawmakers have filed legislation seeking to require the General Assembly's approval of the governor's proposal to enter the state into a regional greenhouse agreement that could result in carbon taxes being levied on power plants.

  • November 20, 2019

    Pa. Judge Stays On Wetlands Case Handled By Former Clerk

    A Pennsylvania federal judge once again declined to step down from handling a long-running Clean Water Act lawsuit over concerns that an attorney for the government was once one of her law clerks and remained close.

  • November 20, 2019

    Auto Insurer Med Exam Requirement Not OK, Pa. Justices Say

    Auto insurer requirements that policyholders undergo potentially unlimited medical exams by company-selected physicians to preserve their benefits have no place in Pennsylvania, the state's Supreme Court said Wednesday.

  • November 20, 2019

    Pa. Justices Reopen Time For 'Thousands' Of Risperdal Suits

    A split Supreme Court of Pennsylvania reopened the door for thousands of mass tort cases against Janssen Pharmaceuticals Inc. on Wednesday, when it threw out two dates by which lower courts said patients should have known the potential link between the antipsychotic drug Risperdal and abnormal breast growth in children.

  • November 20, 2019

    MVP: Morgan Lewis' Steven A. Reed

    Morgan Lewis & Bockius LLP's Steven A. Reed built on a notable 2018 district court win to establish a powerful appellate level precedent stifling the Federal Trade Commission's ability to challenge conduct that happened exclusively in the past, netting him a spot as one of Law360's 2019 Competition MVPs.

  • November 20, 2019

    Pa. Supreme Court Says 'Fluctuating' Overtime Unlawful

    The Pennsylvania Supreme Court ruled against supplement store GNC on Wednesday, saying businesses violate state law when they pay overtime using the “fluctuating work week” method, under which businesses can compensate employees at diminishing rates the more they work.

  • November 19, 2019

    House Dems Press Pai On Tribal Spectrum Restrictions

    Five House Democrats questioned FCC Chairman Ajit Pai on Tuesday about why his agency is seeking to reduce the amount of time Native American tribes have to claim spectrum licenses that are being temporarily reserved for them, saying accelerating the deadline would hurt the FCC’s goal of encouraging tribal participation in a planned airways giveaway.

  • November 19, 2019

    Pilot Can Sue Bankrupt OneJet Over Nauseating Jet Exhaust

    The federal bankruptcy court overseeing the dissolution of defunct airline OneJet gave the go-ahead Monday for an ex-pilot to sue the company over alleged maintenance issues that he said caused two jets' cabins to fill with sickening exhaust and carbon monoxide.

Expert Analysis

  • Secured Creditor Duties Ripe For High Court Consideration

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    If certiorari is granted in the Seventh Circuit's Chicago v. Fulton case, the U.S. Supreme Court will have the opportunity to resolve the growing circuit split over the Bankruptcy Code’s automatic stay on creditors concerning turnover of a debtor’s impounded vehicle, say Alexandra Dugan and Elizabeth Brusa of Bradley Arant.

  • Will College Athletes Be Deemed Employees Soon?

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    In light of the NCAA's recent proposed rule change on student-athlete compensation, and state and federal legislative developments in this area, people are again questioning whether student-athletes should be considered employees of the universities for whom they serve as a major revenue stream, says Sara Moore of Nemeth Law.

  • 4 Duty-To-Monitor Takeaways For Fiduciaries In ERISA Ruling

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    A Pennsylvania federal court's recent opinion in Scalia v. WPN provides guidance on the duty of Employee Retirement Income Security Act fiduciaries to monitor their service providers, an issue that has been largely unexplored in other cases and lacks regulatory guidance from the U.S. Department of Labor, say Charles Kelly and Michael Joyce at Saul Ewing.

  • How To Hire Lateral Partners More Effectively

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    Although lateral partner hiring is the preferred method of inorganic growth among law firms, the traditional approach to vetting does not employ sufficient due diligence by the hiring firm, says Michael Ellenhorn at executive search firm Decipher Competitive Intelligence.

  • High Court Hears DACA: Procedure, Practicalities, Predictions

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    At oral argument last week, the U.S. Supreme Court justices seemed likely to rule that the Trump administration had sufficient reasons to rescind the Deferred Action for Childhood Arrivals program, which would leave the lives of DACA recipients and their families in limbo, says Jaclyn Kelley-Widmer at Cornell Law School.

  • Comcast Bias Suit A Bad Way To Make Law, Arguments Show

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    Oral arguments before the U.S. Supreme Court in Comcast v. National Association of African American-Owned Media highlighted the case's flaws, including that it concerns the dismissal of a complaint that omitted a key fact and was tainted by dubious insinuations, says R. Scott Oswald of The Employment Law Group.

  • 4 Months After Kisor V. Wilkie, Auer Deference Survives

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    Recent federal appellate and district court rulings suggest that the predicted radical curtailing of Auer deference in the wake of the U.S. Supreme Court's decision in Kisor v. Wilkie has not come to fruition, say Jeffrey Karp and Edward Mahaffey at Sullivan & Worcester.

  • Can State Laws One-Up SEC’s Regulation Best Interest?

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    Because the U.S. Securities and Exchange Commission has punted on whether Regulation Best Interest will preempt state broker-dealer conduct standards, state laws may face challenges under the doctrines of conflict preemption, as well as limitations from the federal securities laws, say attorneys at Williams & Jensen.

  • FERC Orders Advance Grid Operators' Energy Storage Plans

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    The Federal Energy Regulatory Commission recently approved two regional transmission organizations' energy storage proposals. But full integration of storage resources into the wholesale market will be complex — and ongoing litigation could force FERC to change its approach, say attorneys at Greenberg Traurig.

  • Texas Could Take Page From Mass.'s Judicial Selection Book

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    As Texas and other states review their judicial election processes, they would be well served by taking guidance from Massachusetts' Governor’s Council system, which protects the judiciary from the hazards of campaigning, says Richard Baker of New England Intellectual Property.

  • Federal Laws Continue To Hinder State Sports Betting Trend

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    Even as Colorado last week joined a growing wave of states legalizing sports betting, federal laws designed to assist states in gambling enforcement remain a roadblock to commonsense legislation and state cooperation in this area, says Dennis Ehling of Blank Rome.

  • Series

    Judging A Book: McKeown Reviews 'Conversations With RBG'

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    Reading Jeffrey Rosen’s "Conversations With RBG: Ruth Bader Ginsburg on Life, Love, Liberty, and Law" is like eavesdropping on the author and his subject while they discuss how the restrained judicial minimalist became the fiery leader of the opposition, says Ninth Circuit Judge M. Margaret McKeown.

  • State Net

    States' Vaping Bans Face Legal Hurdles

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    With a still-developing outbreak of lung injuries linked to vaping, and e-cigarette bans in some states already blocked by courts, regulatory maneuvering over this issue is likely to be a major policy concern in the months to come, says Dave Royse of State Net Capitol Journal.

  • Developments In State Taxation Of Nonadmitted Insurance

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    Not all states have updated their direct insurance procurement tax laws to take full advantage of the Nonadmitted and Reinsurance Reform Act, diminishing their ability to tax some insurance transactions, as highlighted by the New Jersey Tax Court's recent decision in Johnson & Johnson v. Director, Division of Taxation, say Zachary Lerner and Stephen Anastasia of Locke Lord.

  • 2 Post-Kisor Rulings Show Auer Deference Isn’t Extinct

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    Following the U.S. Supreme Court’s Kisor v. Wilkie opinion, which narrowed Auer deference, recent decisions in Pennsylvania and New York federal courts demonstrate that Auer remains intact, even though courts are more closely scrutinizing agencies’ interpretations of their own regulations, says Brent Owen at Squire Patton.