Pennsylvania

  • March 05, 2021

    Judge Won't Freeze Pollock Cohen Funds In Ex-Atty's Pay Suit

    A federal judge said Friday he had no power to freeze Pollock Cohen LLP's assets for a lawsuit filed by a former attorney seeking a slice of settlements reached by the firm in his cases after he was let go.

  • March 05, 2021

    Pittsburgh Landlords Sue City Over Eviction Moratorium

    A group of landlords has sued the city of Pittsburgh in Pennsylvania state court over its recently passed moratorium on evictions during the pandemic, claiming that the City Council's ordinance forces landlords to stay in or renew contracts in violation of the state and U.S. constitutions.

  • March 05, 2021

    How They Won It: Freshfields Breaks FTC's Winning Streak

    It took 15 months, $640 million and a two-week trial but Evonik managed to close its purchase of fellow hydrogen peroxide producer PeroxyChem last year, days after its Freshfields Bruckhaus Deringer LLP legal team broke the Federal Trade Commission's seven-case winning streak contesting mergers in federal court.

  • March 04, 2021

    No Union Vote At Closing Facility, NLRB Official Says

    A National Labor Relations Board official has said workers at a Pennsylvania roofing materials company can't vote on whether to unionize, citing the money-losing facility's imminent closure and the company's slim hopes to reopen.

  • March 04, 2021

    Alleged Charity Robocall Scammers Cut $110M FTC Deal

    Telemarketers behind an alleged massive robocall scheme cut deals totaling $110 million to resolve allegations by the Federal Trade Commission and dozens of states they bombarded 67 million consumers with 1.3 billion deceptive charitable fundraising calls, according to documents filed in Michigan federal court Wednesday.

  • March 04, 2021

    Post & Schell Failed To Disclose Docs In Arbitration, Suit Says

    A Post & Schell PC attorney representing Staples Inc. and Ryder Truck Rental in a case involving a 2004 truck crash should have disclosed additional insurance coverage that could have paid the rest of a crash victim's $1.4 million arbitration award, according to a lawsuit filed in Pennsylvania state court.

  • March 04, 2021

    Pollock Cohen Says Ex-Atty Isn't Owed Bonus Pay After Firing

    Pollock Cohen LLP and three firm partners sought to toss a fired attorney's suit over bonus pay for a second time, telling a Pennsylvania federal court that he is not entitled to portions of settlements reached after he was let go.

  • March 04, 2021

    3rd Circ. Backs BNY Firing Worker For Violent Facebook Post

    The Third Circuit on Thursday upheld a ruling that BNY Mellon was legally justified in firing an employee who in a Facebook comment suggested driving a bus through a crowd of people protesting a police-involved shooting in East Pittsburgh.

  • March 04, 2021

    3rd Circ. Won't Vacate Woman's $1.2M Malpractice Settlement

    The Third Circuit has again rejected a Philadelphia woman's yearslong bid to undo a $1.2 million medical malpractice settlement with the federal government she agreed to in 2012, letting stand a district court's decision to enforce the deal.

  • March 04, 2021

    Antitrust Claims Against Under Armour Get Benched

    A Pittsburgh federal judge benched claims that Under Armour Inc. had broken false advertising and antitrust laws because a manufacturer of "bioceramic" textile treatments — intended to help athletes' muscles recover faster — hadn't adequately shown that it was a direct competitor in a relevant market.

  • March 04, 2021

    Philly Home Health Care Workers Get $2.1M After FLSA Probe

    A Philadelphia home health care agency will pay $2.1 million to hundreds of workers it underpaid on overtime compensation after a U.S. Department of Labor investigation uncovered federal labor law violations, the department announced Thursday.

  • March 04, 2021

    Atty In GOP Election Suit Appeals Disciplinary Panel Referral

    A Mohrman Kaardal & Erickson PA partner wants the D.C. Circuit to overturn a federal judge's recent order referring him to face a court disciplinary panel over his role in a lawsuit that unsuccessfully sought to block the certification of last year's presidential election.

  • March 05, 2021

    Business Suits Over COVID Rules Likely To Fail, But Not Slow

    The many constitutional challenges to coronavirus restrictions that businesses have launched are unlikely to succeed, but their proliferation worries public health law experts, who say more are coming and even those that fail can undermine public health measures, now and for future pandemics.

  • March 03, 2021

    Pa. Hospitals Settle DOJ's Challenge Of $100M Deal

    The U.S. Department of Justice said Wednesday it has reached an agreement resolving its challenge of Geisinger Health's partial acquisition of Evangelical Community Hospital with a cap on Geisinger's ownership stake in the Pennsylvania provider and other restrictions.

  • March 03, 2021

    Pa. City Must Postpone Meeting Amid Suit Over Virtual Access

    The city council in McKeesport, Pennsylvania, can't hold its monthly meeting this week until a state court has weighed in on whether it has done enough to comply with open-meetings laws during the pandemic, a judge ruled Wednesday.

  • March 03, 2021

    Investor Suit Blasts EQT Execs Over Rice Merger Claims

    Two shareholders have accused former EQT Corp. executives of vastly exaggerating the anticipated cost reductions and operating efficiencies of a $6.7 billion acquisition of Rice Energy in a derivative suit filed in Pennsylvania state court.

  • March 03, 2021

    Pa. Home Health Care Co. To Pay $1.6M After DOL OT Probe

    A Pittsburgh home health care agency owes more than $1.6 million in back wages and damages to hundreds of aides it shorted on overtime compensation after misclassifying them as independent contractors, the U.S. Department of Labor announced Wednesday.

  • March 03, 2021

    Philadelphia Sues State Over Law Preempting Plastic Bag Ban

    Philadelphia and three other Pennsylvania municipalities asked a state court Wednesday to strike down a law that preempts them from passing or enforcing bans on single-use plastic bags.

  • March 03, 2021

    Amazon Says Acting GC Can't Prosecute Unfair Labor Charge

    Amazon told a National Labor Relations Board judge that the board's acting general counsel doesn't have authority to prosecute a case saying the company retaliated against an employee who raised group complaints about working conditions, joining other employers that have argued the prosecutor was unlawfully appointed.

  • March 02, 2021

    Aetna Says Mednax Destroyed Evidence In $50M Billing Suit

    Aetna has asked a Pennsylvania district court to levy sanctions against Mednax Inc. for allegedly deleting hundreds of thousands of emails in a $50 million insurance overbilling suit despite the medical support services company having the benefit of BigLaw giants such as Boies Schiller, Quinn Emanuel and Lash & Goldberg as their counsel.

  • March 02, 2021

    States, Greens Slam Stay Bid In Auto Emissions Challenge

    The Biden administration should not be allowed to pause litigation over Trump-era vehicle emissions standards because the harm caused by the regulations must be addressed as soon as possible, environmental groups and a coalition of states and local governments told the D.C. Circuit Monday.

  • March 02, 2021

    Union Says Philadelphia Firefighters' Test Too Subjective

    Philadelphia's test for firefighter applicants violates city law because it is not relevant to the job and not capable of providing a competitive ranking of prospective candidates, a city firefighters' union alleged in a lawsuit filed in Pennsylvania court.

  • March 02, 2021

    Teva, Mylan Back Plan For New Bellwether In Price-Fix MDL

    Mylan, Teva and Par Pharmaceuticals are among a group of generic-drug makers that told a Pennsylvania federal judge Monday they're fine with her plan to swap out a bellwether case in multidistrict litigation that accuses most of the generics industry of price-fixing.

  • March 02, 2021

    NJ County Asks 3rd Circ. To Ax Immigrant Info-Sharing Curbs

    A New Jersey county urged the Third Circuit to nix a state policy restricting the information it can share with U.S. Immigration and Customs Enforcement, saying the directive illegally "frustrates" local officials' compliance with federal immigration enforcement actions.

  • March 02, 2021

    Coronavirus Regulations: A State-By-State Week In Review

    State leaders enhanced their vaccination efforts this past week as cases and hospitalizations declined, leading to additional sites in Florida and Illinois and initiatives to reach underserved communities in Massachusetts and New York.

Expert Analysis

  • Ethics Tips For Attorneys Telecommuting Across State Lines

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    Attorneys working remotely from jurisdictions in which they are not admitted should take precautionary steps to avoid engaging in unauthorized practice of law, say John Schmidt and Michael Seaman at Phillips Lytle.

  • 6 Ways Legal Employers Can Help Pandemic-Weary Parents

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    Parenting during the pandemic has introduced a series of competing personal and professional obligations for attorneys and professional staff, and even organizations that are supportive of their parent employees can take steps to do better, says Meredith Kahan at Saul Ewing.

  • Pandemic Force Majeure Interpretations May Be Shifting

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    A New York federal court's ruling in JN Contemporary Art v. Phillips Auctioneers, deeming COVID-19 to be a natural disaster that triggers a force majeure clause, appears to loosen previously strict contours of contractual interpretation and could create a legal quandary for obligees, say Kimberly Daily and Matthew Rawlinson at Eversheds Sutherland.

  • Questions Loom About DOJ Dismissal Power In FCA Suits

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    The Second Circuit's recent decision to grant a U.S. Department of Justice motion to dismiss a False Claims Act suit, without weighing in on the standard for assessing the agency’s decision, illustrates a significant trend, given an increase in agency dismissals and the expected uptick in FCA cases amid the pandemic, say attorneys at Baker Botts.

  • Republican AGs Likely To Challenge Biden On Multiple Fronts

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    During recent presidential administrations, state attorneys general have challenged federal regulations and obtained nationwide injunctions against executive orders — and there is every reason to believe that Republican attorneys general will continue this trend, resisting Biden administration efforts on climate change, health care, immigration and more, say attorneys at Troutman Pepper.

  • 3 Degrees Of Legalization Show True Prevalence Of Cannabis

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    The three degrees of state marijuana legalization regimes throughout the U.S. show that cannabis is only fully illegal in three U.S. states and one territory — not 14 states as some counts indicate — and even in those places, there are stirrings of change, says Julie Werner-Simon at Drexel University's Thomas R. Kline School of Law.

  • Remote Working Tips For Lawyer Trainees And Their Firms

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    The prospect of joining a law firm during the pandemic can cause added pressure, but with a few good practices — and a little help from their firms and supervising attorneys — lawyer trainees can get ahead of the curve while working remotely, say William Morris and Ted Landray at King & Spalding.

  • Obtaining General Jurisdiction Over Out-Of-State Insurers

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    A series of recent court decisions illustrate the challenges of litigating against insurers in a state where neither party resides, and demonstrate alternate means of securing jurisdiction, says Richard Mason at MasonADR.

  • What Biden's Ethics Pledge Means For Gov't Revolving Door

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    Attorneys at Nossaman look at how President Joe Biden’s ethics pledge goes beyond those of his predecessors by imposing post-employment shadow lobbying and golden parachute restrictions on his administration’s appointees — and how a House bill proposing expansion of federal ethics law could affect enforcement.

  • Opinion

    Punishing Bar Exam Policies On Menstrual Products Must Go

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    Law graduates across the states are sitting for the grueling two-day bar exam this week despite menstruation-related barriers, such as inadequate menstrual product and bathroom access, which could be eradicated with simple policy tweaks, say law professors Elizabeth Cooper, Margaret Johnson and Marcy Karin.

  • EPA Hazardous Pharma Waste Rule Has Wide Reach

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    The U.S. Environmental Protection Agency's soon-to-be-effective rule on hazardous waste pharmaceuticals may seem only relevant to health care entities, but its sweeping definitions could cover any business that dispenses over-the-counter medicines, say Andrew Stewart and Anushka Rahman at Sidley Austin and Renée van de Griend at Ramboll.

  • It's Time For Law Firms To Start Loving And Leveraging Data

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    The volume and diversity of data managed by law firms today — from client files to internal financial records — may seem daunting, but when properly organized, good data can help practitioners stay competitive by providing sharper insight into firm resources and cost of work, say Jaron Luttich and Barry Wiggins at Element Standard.

  • Keys To Protecting Clients During Law Firm Dissolution

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    Whether a law firm dissolution is amicable or adversarial, departing attorneys should take steps to maintain their legal and ethical responsibilities toward clients, and beware client confidentiality pitfalls when joining new firms, say John Schmidt and Colin Fitzgerald at Phillips Lytle.

  • How The Remote Sales Tax Legal Landscape Is Evolving

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    As the remote sales tax landscape continues to change, the pandemic-driven shift toward e-commerce will likely hasten the adoption, application and enforcement of remote sales tax laws by state and local authorities, says Liz Armbruester at Avalara.

  • Infrastructure Privatization Can Still Be A Useful Model

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    While infrastructure privatizations have fallen out of favor and publicly funded projects are now in the spotlight, budget shortfalls at the state and local level mean that privatization can provide needed capital — but deals should be conducted transparently and with lessons learned from past missteps, says Adam Giuliano at Kaplan Kirsch.

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