Pennsylvania

  • July 02, 2020

    High Court Won't Touch Rules Restricting Abortion Protestors

    The U.S. Supreme Court won't hear challenges to Chicago and Harrisburg ordinances that set boundaries on anti-abortion protesters outside of clinics, leaving in place Seventh and Third Circuit rulings upholding the buffers.

  • July 02, 2020

    NextEra Fights For $60M Fee From EFH Ch. 11 At 3rd Circ.

    NextEra Energy Inc. urged the Third Circuit on Thursday to revive its bid for $60 million in administrative expenses in connection with a scrapped deal to purchase assets from bankrupt Energy Future Holdings Corp., arguing that it spent the money in reliance on a sale termination fee that was later taken off the table.

  • July 02, 2020

    FERC Seeks Hill's Help After DC Circ. Dumps Pipeline Policy

    Two Federal Energy Regulatory Commissioners on Thursday urged Congress to extend the agency's administrative appeals process and give landowners more protection, two days after the D.C. Circuit blew a hole in FERC's ability to delay requests to reconsider gas project approvals.

  • July 02, 2020

    GSK Takes Avandia Marketing Battle To Supreme Court

    GlaxoSmithKline is asking the U.S. Supreme Court to upend a Third Circuit ruling in a case over the marketing of the diabetes medication Avandia, saying the appeals court had taken an "impossibly capricious view" of the drug company's duty to provide information to regulators.

  • July 02, 2020

    K&L Gates, Ex-Worker Settle ADHD Discrimination Suit

    K&L Gates LLP has reached an undisclosed settlement to resolve allegations that the law firm violated federal anti-discrimination law by failing to accommodate an employee with anxiety and ADHD before firing him.

  • July 02, 2020

    The Biggest Energy Rulings Of 2020: Midyear Report

    It's already been a blockbuster year for court decisions affecting the energy sector, with courts ruling on whether climate change-related litigation can proceed as well as weighing in on key permitting and liability issues. Here are some of the most significant energy-related court decisions from the first half of 2020.

  • July 02, 2020

    Coronavirus Litigation: The Week In Review

    Grocery delivery service Instacart is suing to block a Seattle ordinance requiring coronavirus hazard pay for gig delivery workers, New York police officers and Las Vegas resort workers claim they haven't been provided with adequate protections during the pandemic, and the ACLU says California courts can't block public access to trials, despite the virus. 

  • July 02, 2020

    Real Estate Rumors: JP Morgan, Hollywood, Fla., Elion

    A J.P. Morgan venture has reportedly landed $120 million in financing for a Philadelphia mixed-use project, the city of Hollywood, Florida, is reportedly looking for a development partner for a beachfront project, and Elion Partners is said to have paid $7.2 million for a Florida warehouse.

  • July 02, 2020

    Disabled Customers Renew Bid To Kill Pa. Grocer's Mask Rule

    Opponents of Pittsburgh-based grocer Giant Eagle's mandatory mask policy for Pennsylvania shoppers have asked a federal court for an injunction compelling the grocer to waive the policy for people with disabilities amid the COVID-19 pandemic.

  • July 02, 2020

    Minor League Teams Sue For Coverage Of Canceled Season

    Several Minor League Baseball teams are suing their insurers over coverage of the loss of income after their season was canceled, alleging they have been wrongfully denied coverage under their policies.

  • July 02, 2020

    Top Pennsylvania Cases Of 2020: A Midyear Report

    Despite the coronavirus pandemic all but shuttering state courthouses for three months, Pennsylvania's appellate courts continued issuing key decisions on major topics over the first half of 2020 such as clarifying the role of trial judges in jury selection and procedures for reviewing potentially privileged material.

  • July 01, 2020

    Firm Defends Retaining Credit For Former Atty's Work

    An attorney for a Philadelphia-based personal injury firm told a federal judge during a hearing on Wednesday that he could be opening a floodgate of litigation if a former associate were allowed to move forward with claims that the firm was improperly taking credit for his work on its website.

  • July 01, 2020

    It's Official: Troutman Sanders, Pepper Hamilton Are Now One

    Troutman Sanders LLP and Pepper Hamilton LLP officially merged Wednesday, launching as Troutman Pepper Hamilton Sanders LLP after the deal was delayed three months due to the coronavirus pandemic.

  • July 01, 2020

    Pa. Justices Reject Lawmakers' Bid To Lift Virus Emergency

    The Pennsylvania General Assembly's joint resolution to end the state of emergency Gov. Tom Wolf declared over the COVID-19 pandemic was struck down by the state's high court Wednesday because it had not first crossed Wolf's desk for a likely veto.

  • July 01, 2020

    Fed. Circ., Judge Nix CardioNet Heart Monitor Patent Claims

    CardioNet's heart monitor patent cases against two different companies were dealt blows Wednesday by both the Federal Circuit, which invalidated three of the patents under Alice, and a Massachusetts federal judge, who axed infringement allegations on another patent for being filed too late.

  • July 01, 2020

    Judge May Allow Suit Over 'Troubling' McClatchy Debt Rework

    The New York bankruptcy judge overseeing newspaper chain McClatchy Co.'s bankruptcy said he would decide by the end of the week whether to give unsecured creditors permission to sue over what he called "troubling" aspects of a 2018 debt restructuring.

  • July 01, 2020

    Pa. Nursing Home Sued Over Housekeeper's COVID-19 Death

    A Pittsburgh-area nursing home was utterly unprepared for the COVID-19 outbreak, resulting in hundreds of patients and staff getting infected and dozens dying, according to a lawsuit filed in Pennsylvania state court Wednesday by the family of a housekeeper who died of the coronavirus.

  • July 01, 2020

    Indivior Wants 3rd Circ. To Undo Suboxone Class Cert.

    Indivior Inc. implored the Third Circuit to undo certification of a class action accusing the company of delaying generic competition of its opioid addiction drug Suboxone, arguing Wednesday that certification was improperly based on an overarching antitrust theory, rather than on individually evaluated claims.

  • July 01, 2020

    Pa. Landlord Demands Rent From Virus-Closed Restaurant

    The landlord for a historic office building in downtown Pittsburgh is demanding that a restaurant pay its back rent plus other damages related to breaking its lease when it permanently closed because of the COVID-19 pandemic, according to a lawsuit filed in Pennsylvania state court.

  • July 01, 2020

    Law Firm Leaders: Kleinbard's Michael Frattone

    Michael Frattone is one of three managing partners of Philadelphia-based Kleinbard LLC. Frattone spoke to Law360 recently about how the firm has evolved in its 80 years of history, details of the firm's leadership structure, and its plan for future growth.

  • June 30, 2020

    DOJ Charges Glenmark With Generic Drug Price-Fixing

    The U.S. Department of Justice announced new criminal charges late Tuesday in its investigation of price-fixing in the generic-drug industry, this time accusing Glenmark Pharmaceuticals Inc. USA in Pennsylvania federal court of overcharging by at least $200 million for a cholesterol treatment.

  • June 30, 2020

    Offit Kurman's Forum Argument Gets Malpractice Suit Tossed

    Offit Kurman PA on Tuesday ducked a malpractice suit in Texas federal court in which a Houston-based online furniture store sought over $1 million for alleged bill padding and double-billing, after a judge held the store's owner had agreed any dispute would be litigated in Delaware.

  • June 30, 2020

    Worker's Family Pushes To Keep Virus Death Suit In Pa. Court

    The family of a Philadelphia-area meatpacking plant worker who died of COVID-19 wants its case against his employer moved back to state court, arguing its wrongful-death claims are not barred by workers' compensation law or a federal executive order governing the food supply chain.

  • June 30, 2020

    Ex-Wilmington Trust Brass Seek To Scotch Fraud Convictions

    Four former Wilmington Trust Corp. executives urged the Third Circuit to undo their fraud convictions for failing to flag real estate loans totaling millions of dollars that were in arrears, arguing Tuesday that there was no regulatory or statutory definition of "past due" on which to base criminal charges.

  • June 30, 2020

    Pa. Judge Accused Of Lewd Remarks, Interactions With Staff

    A Pennsylvania judge is facing disciplinary proceedings after court staff complained the judge had repeatedly made sexually themed remarks and engaged in other lewd and unwanted behavior, such as sitting on one staff member's lap and feigning unwanted touching of another.

Expert Analysis

  • Opinion

    Time To Consider Percentage Rental Agreements For Lawyers

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    It has long been the law that attorneys cannot use percentage rental agreements because doing so would constitute an impermissible sharing of fees with nonlawyers, but such arrangements can help lawyers match expenses with revenues in lean times like now, say Peter Jarvis and Trisha Thompson at Holland & Knight.

  • Opinion

    Regulatory Estoppel Does Not Invalidate The Virus Exclusion

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    Some policyholders seeking coverage for losses stemming from COVID-19 are arguing that virus exclusions are invalid due to regulatory estoppel, but this theory lacks substance and threatens to undermine formal clarifications of insurance policy intent, say Jonathan Schwartz and Colin Willmott at Goldberg Segalla.

  • How Discovery Is Evolving In ERISA Benefits Litigation

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    While courts have been reluctant to grant discovery in Employee Retirement Income Security Act benefits cases in the past, textual-minded judges questioning the legitimacy of judicially created doctrines are increasingly allowing more discovery, says Mark DeBofsky at DeBofsky Sherman.

  • Reinsurance Implications Of COVID-19 Biz Interruption Laws

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    In light of legislative and public pressure in the U.S. and U.K. on insurers to cover business interruption losses related to COVID-19, reinsurers will face new questions regarding their obligation to cover claim payments, say Robin Dusek at Saul Ewing and Susie Wakefield at Shoosmiths.

  • What You Say In Online Mediation May Be Discoverable

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    Mediation conducted online with participants in different states makes it harder to determine where communications were made, increasing the risk that courts will apply laws of a state that does not protect mediation confidentiality, say mediators Jeff Kichaven and Teresa Frisbie and law student Tyler Codina.

  • EPA Limits On States' Project Reviews Likely To Face Lawsuits

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    The U.S. Environmental Protection Agency's recently announced rule limiting the scope of states' reviews of planned energy infrastructure projects will likely mean more litigation between states and the federal government — and more uncertainty for businesses and other stakeholders, says Philip Sholtz at Goldberg Segalla.

  • 10 Tips For A Successful Remote Arbitration Hearing

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    As I learned after completing a recent international arbitration remotely, with advance planning a video hearing can replicate the in-person experience surprisingly well, and may actually be superior in certain respects, says Kate Shih at Quinn Emanuel.

  • Opinion

    To Achieve Diversity, Law Firms Must Reinvent Hiring Process

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    If law firms are truly serious about making meaningful change in terms of diversity, they must adopt a demographically neutral, unbiased hiring equation that looks at personality traits with greater import than grades and class rank, says Thomas Latino at Florida State University College of Law.

  • Virus, Regs Highlight Need For Model State Whistleblower Law

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    The North American Securities Administrators Association's recently proposed model state whistleblower law could be a timely weapon against securities misconduct in light of the new and unique opportunities COVID-19 presents for fraudsters, and certain federal registration exemptions that may soon be relaxed, says attorney Patrick McCloskey.

  • Cybersecurity Steps For Law Firms Amid Heightened Risks

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    With large swaths of the population indoors and primarily online, cybercriminals will be able to exploit law firms more easily now than ever before, but some basic precautions can help, says Joel Wallenstrom at Wickr.

  • Opinion

    It's Time For Law Firms To Support Work-From-Home Culture

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    Now that law firms are on board with fully remote work environments, they must develop policies that match in-office culture and align partner and associate expectations, says Summer Eberhard at Major Lindsey.

  • Harassment Ruling Doesn't Clear Cos. Of All Worker Conduct

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    The Third Circuit’s recent opinion in Yucis v. Sears Outlet Stores shows that companies are not always liable for an employee’s sexual harassment of a customer, but courts can still find vicarious liability when one of five factors is satisfied, says Melissa Legault at Squire Patton.

  • Opinion

    Republicans Keep Confirming Unqualified Judicial Nominees

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    What emerges from the group of 200 federal judges confirmed by the Senate under President Donald Trump is a judiciary stacked with young conservative ideologues, many of whom lack basic judicial qualifications, says Sen. Dianne Feinstein, D-Calif., ranking member of the Senate Judiciary Committee.

  • Tips For Crafting The Perfect Law Firm Alert

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    As lawyers have had more time to write in recent weeks, the number of law firm alerts has increased massively, but a lot of them fail to capture readers and deliver new business, says Richard Torrenzano at The Torrenzano Group.

  • Series

    Judging A Book: Elrod Reviews 'Shortlisted'

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    Renee Knake Jefferson and Hannah Brenner Johnson's new book, "Shortlisted: Women in the Shadows of the Supreme Court," is a service to an overlooked group of nine women who were considered for the U.S. Supreme Court before Justice Sandra Day O'Connor was confirmed, and offers constructive tips for women looking to break through the glass ceiling, says Fifth Circuit Judge Jennifer Elrod.

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