Pennsylvania

  • April 08, 2020

    Scores Fight White House In Birth Control Case At High Court

    Twenty states, 32 cities, 186 federal lawmakers and dozens of interest groups railed against the Trump administration’s stance in a blockbuster Affordable Care Act case Wednesday, urging the U.S. Supreme Court to strike down regulations allowing employers that oppose contraception to stop covering workers’ birth control.

  • April 08, 2020

    Trump, Kids Can't Send Class's Fraud Claims To Arbitration

    A New York federal judge on Wednesday rejected a bid from President Donald Trump and three of his children to arbitrate a putative class action alleging that they conned thousands into investing in worthless business ventures using the Trump name.

  • April 08, 2020

    Ex-Cosby DA Joins Saltz Mongeluzzi's New Sex Crimes Unit

    A former Philadelphia-area prosecutor who helped send Bill Cosby to prison on sexual assault charges two years ago has joined Saltz Mongeluzzi Barrett & Bendesky PC to lead a new practice group dedicated to representing victims of sex crimes and harassment in civil cases.

  • April 08, 2020

    Pa. Accused Of Failing To Protect Detained Migrant Kids

    Pennsylvania’s child welfare agency has left immigrant families detained at the Berks County Residential Center “sitting ducks” for the coronavirus pandemic, attorneys for the families told the Supreme Court of Pennsylvania on Wednesday in a petition to have the detainees released.

  • April 08, 2020

    Pa. Justices To Mull Utility Upgrade Tax Credit Calculations

    The Pennsylvania Supreme Court has agreed to hear an appeal as to whether state utility companies should include their tax deductions and credits when determining how much their customers should pay for infrastructure improvements.  

  • April 08, 2020

    Allstate Sues QVC Over House Fire Caused By Insect Trap

    Allstate Property and Casualty Insurance Co. hit retail channel QVC and the makers of an insect trap with a suit in Pennsylvania federal court Wednesday, alleging the product was defective and started a fire that caused more than $427,000 in damage to a policyholder's home.

  • April 08, 2020

    Pa. Officials Tell Airbnb, Expedia To Enforce Virus Rental Ban

    Owners of short-term rental units could face enforcement action if they continue to advertise properties for rent on sites run by Airbnb Inc. and Expedia Group in violation of a statewide order shutting down non-life sustaining businesses over the COVID-19 outbreak, officials in Pennsylvania warned on Tuesday.

  • April 08, 2020

    NY AG Seeks Additional Sackler Family Financial Info

    The New York attorney general on Tuesday asked a bankruptcy court to resume discovery into the finances of the Sackler family, who owns Purdue Pharma LP, saying that her office has already unearthed important information about money transfers the family has made.

  • April 08, 2020

    Comcast Can't Get Full 7th Circ. To Tank Antitrust Suit

    The full Seventh Circuit turned down Comcast Corp.'s request to consider squashing a $160 million antitrust suit that accuses the cable giant of monopolizing local ad sales, which a panel of the appellate court had allowed to move forward.

  • April 08, 2020

    Duolingo Taps Ex-Yahoo, VMware Atty As 1st General Counsel

    Language-learning company Duolingo said Wednesday it has hired as its first-ever general counsel a former Yahoo and VMware attorney.

  • April 08, 2020

    Workers Claim GE Owed Unused Vacation Pay In Wabtec Sale

    General Electric Corp. owes former GE Transportation workers unused vacation pay that should have been cashed out when their division was sold to Wabtec Corp. in 2019, according to a proposed class action filed in Pennsylvania state court.

  • April 07, 2020

    US Not Responsible For Pa. Newborn's Hospital Death

    A Pennsylvania federal judge on Tuesday accepted a jury's advisory verdict clearing the U.S. of liability with regard to the care provided by a federally funded doctor during the delivery of a baby who died six hours after birth.

  • April 07, 2020

    AmeriHealth Workers' $4.3M FLSA Overtime Deal Gets OK'd

    More than 300 clinical care review workers for AmeriHealth Caritas Services LLC secured approval from a federal judge Tuesday to finalize their $4.25 million settlement resolving a collective action alleging they were denied overtime wages after being improperly classified as overtime-exempt. 

  • April 07, 2020

    Cahill Gordon Suspends 2020 Summer Associate Program

    Cahill Gordon & Reindel LLP has decided to suspend its summer associate program for 2020 in response to the COVID-19 pandemic, the firm announced Tuesday though it says it will pay the associates who had been selected and will offer them full-time positions after graduation.

  • April 07, 2020

    NCAA Athletes Seek Cert In Latest Minimum Wage Suit

    A group of former college athletes at schools in Pennsylvania, New Jersey and New York on Tuesday asked a Pennsylvania federal court to greenlight a collective nationwide class of NCAA athletes in a suit alleging they are entitled to minimum wage under federal labor law.

  • April 07, 2020

    Dems Float COVID 'Heroes Fund' Offering $25K Hazard Raises

    Senate Democrats are seeking to include a "heroes fund" in a future coronavirus response bill that could provide nurses, grocery clerks and other workers on the pandemic’s front lines up to $25,000 in extra wages, party leaders said Tuesday.

  • April 07, 2020

    Pierce Firm Says No Do-Over For Atty In 'Gears Of War' Case

    A Pennsylvania lawyer who already lost a suit against trial firm Pierce Bainbridge over the alleged theft of a case involving the video game "Gears of War" shouldn't get a do-over in a second suit, the firm told a federal judge on Monday.

  • April 07, 2020

    Coronavirus Regulations: Week In Review State By State

    State COVID-19 measures continue to evolve along with the pandemic's positive cases and death toll, with actions this past week that expanded Delaware's list of nonessential businesses and extended brick-and-mortar closures in Massachusetts into May. Here's a breakdown of some COVID-19-related state measures from the past week.

  • April 07, 2020

    Pa. Justices Won't Order Mass Juvenile Detainee Release

    The Pennsylvania Supreme Court denied a request Tuesday to halt all new juvenile detentions and release most juvenile offenders from custody in response to the coronavirus pandemic, but ordered a county-by-county review to determine if smaller, local releases are needed.

  • April 07, 2020

    Consol Can't Rescind Gender Bias Deal After Notifying Court

    Consol Energy couldn't go back on a Jan. 23 email announcing a settlement of its ex-president's gender bias claims because it had told the court to call off her Jan. 27 trial, a Pennsylvania federal judge ruled Tuesday.

  • April 07, 2020

    Client's New Firm Not Liable For Old Atty's Share Of Fees

    A Pennsylvania appeals court issued a published decision on Tuesday finding that Spector Gadon & Rosen PC should have targeted its former client — not the client's new firm — for the share of fees it's owed for work on a case that was handed off prior to settlement.

  • April 07, 2020

    Pa. Court Axes 'Attys' Eyes Only' Status In Privilege Fights

    The Pennsylvania Superior Court on Monday barred trial judges from allowing opposing counsel to view potentially privileged documents when holding hearings to determine if those materials should be released when sought in discovery.

  • April 07, 2020

    Energy Transfer, Investors Want Pipeline Bribery Suits Joined

    Energy Transfer LP and two sets of investors have asked a Texas federal court to join a pair of nearly identical shareholder lawsuits alleging the pipeline company may have bribed Pennsylvania officials to score key environmental permits.

  • April 07, 2020

    Chancery Bars Port Owner From Blocking Gas Tank Access

    A Delaware vice chancellor temporarily barred the operator of the port of Wilmington from blocking access to fuel storage tanks after the tanks’ owner sought injunctive relief from the court after access was denied over a fee dispute.

  • April 06, 2020

    Feds In Pa. Break Up Fake Sale Of COVID-19 Masks To Kaiser

    Investigators from the U.S. Attorney’s Office in Pittsburgh said Monday that they broke up a fake sale of medical masks to protect against the new coronavirus, potentially saving California-based Kaiser Permanente from spending more than $7 million on nonexistent equipment.

Expert Analysis

  • How State Price-Gouging Laws Apply To Wholesalers

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    In the current emergency climate caused by the COVID-19 pandemic, wholesale distributors must carefully consider state-level price-gouging statutes and should keep records of increased supplier, labor and material costs when charging more for certain goods, say Lawrence Silverman and Carmen Ortega at Akerman.

  • Conducting Court Hearings Remotely: 12 Considerations

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    As more courts begin to explore remote hearings during the COVID-19 crisis, attorneys and courts should be aware of some of the common concerns accompanying video- and teleconferencing technology and make allowances to avoid these issues, say Attison Barnes III and Krystal Swendsboe at Wiley Rein.

  • The Era Of Video Mediation Is Here — Or Is It?

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    Mediator Jeff Kichaven has heard from several first-chair trial lawyers and senior claims executives that they are reluctant to adopt online video mediation even during the COVID-19 crisis, and says this reluctance is grounded in reality.

  • COVID-19 Highlights BigLaw Need For Emotional Intelligence

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    The formula for making decisions at BigLaw firms has historically been rooted in IQ-based factors, but with the ongoing pandemic, lawyers and firm leaders are increasingly dealing with issues that require emotional intelligence — from establishing effective virtual offices to retaining firm morale and client confidence, say Jolie Balido and Tina van der Ven at NewStar Media.

  • D&O Insurance Tips For Coronavirus-Related Claims

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    Directors and officers liability insurance may prove to be a source of relief for public companies battling shareholder claims stemming from the coronavirus pandemic, depending on specific language and exclusions that must be carefully reviewed, say Catherine Doyle and Jan Larson at Jenner & Block.

  • Perspectives

    States Must Toll Court Deadlines To Ensure Access To Justice

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    There are several reasons why a state should consider temporarily lifting statutes of limitations during this pandemic, including protecting the rights of litigants who are vulnerable, say Adam Mendel and Rayna Kessler at Robins Kaplan.

  • Will COVID-19 Transform The Cannabis Industry?

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    With marijuana deemed essential in many states during the COVID-19 crisis, regulators are relaxing prohibitions on cannabis home delivery and curbside pickup services. These short-term fixes could become lasting mainstays, say attorneys at Goodwin.

  • Opinion

    FTC Should Leave Regulation Of Noncompetes To States

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    If the FTC must use its rulemaking authority to regulate employee noncompete agreements, it should tread cautiously and let states make policy decisions for their citizens and economies, say Russell Beck and Erika Hahn of Beck Reed.

  • Benefits Of Pandemic-Prompted Court Extensions Are Limited

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    State and federal courts are canceling proceedings and pushing out deadlines in response to the novel coronavirus pandemic, but the relief is complex and necessarily incomplete in its power to relieve parties from jurisdictional deadlines, says Neil Lloyd at Schiff Hardin.

  • Opinion

    Judicial Shaming Of Attys Is Troubling Even During Pandemic

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    Judges have recently rebuked attorneys for wasting judicial resources to resolve minor issues during the COVID-19 crisis, including in a trademark lawsuit over unicorn drawings. But it is unfair to publicly flog lawyers for doing what they are trained to do, says Ronald Minkoff, chairman of Frankfurt Kurnit's professional responsibility group.

  • Don't Be Social Media Distancing: LinkedIn Tips For Lawyers

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    While we need to be physically apart at this time, lawyers and firms should be leaning into social media to reinforce and build relationships, and help guide clients through the coronavirus crisis, says marketing consultant Stefanie Marrone.

  • 'Prompt Pay' For Construction May Still Apply Amid COVID-19

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    With prompt pay laws requiring strict adherence to contractual or statutory deadlines in Pennsylvania, New York and New Jersey, property owners and contractors should exercise caution in withholding payments for construction projects that may be due during the COVID-19 pandemic, say Teri Sherman and Gaetano Piccirilli at Klehr Harrison.

  • Are Pandemic Sellers Actually Violating Price-Gouging Laws?

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    As unscrupulous sellers try to take advantage of Americans by selling products at unconscionable prices during the coronavirus pandemic, economists at Edgeworth Economics​​​​​​​ empirically test whether the prices being charged for goods and services rise to the level of price-gouging as defined by various state laws.

  • Justices' Citgo Ruling Offers Shippers Contractual Clarity

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    The U.S. Supreme Court's recent opinion in Citgo v. Frescati provides shippers, brokers and counsel with assurance that maritime shipping contracts' safe berth clauses are an express warranty of safety, allowing future agreements to be drafted with greater certainty, say Christopher Nolan and Robert Denig at Holland & Knight.

  • Opinion

    It Is Time To Make Virtual Trials A Reality

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    The COVID-19 crisis is rapidly teaching us that there is surprisingly little legal work that requires everyone to be in the same room — and that’s equally true for trials and other court proceedings, says Jeffrey Blumenfeld at Lowenstein Sandler.

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