Pennsylvania

  • February 28, 2020

    Spilman Atty's Book Lays Out Pittsburgh's Rich Legal Legacy

    The managing member of Spilman Thomas & Battle PLLC's Pittsburgh office has turned his love of research into a 600-page exploration of the region's role in American legal history, from the frontier farmers whose Whiskey Rebellion posed the first challenge to the U.S. Constitution to the outsize influence of Steel City lawyers working for giant industries in the early 1900s.

  • February 28, 2020

    Justices Partially Stay Generic Drug Price-Fixing Discovery

    The U.S. Supreme Court hit the brakes Friday on an expansive part of the discovery order in the massive multidistrict litigation from state attorneys general and private plaintiffs accusing dozens of generic-drug companies of an industrywide price-fixing conspiracy.

  • February 28, 2020

    Del. Judge Splits Insurance Priority In Refinery Ch. 11 Fight

    A bank that served as an oil and gas delivery intermediary to Philadelphia Energy Solutions’ shuttered refinery has first priority on $1.25 billion in business interruption insurance, a Delaware bankruptcy judge ruled Friday, with PES’s term lender coming in second.

  • February 28, 2020

    FERC Says Facts, Law On Its Side In $42M Manipulation Case

    The Federal Energy Regulatory Commission on Friday said a Pennsylvania trading firm and some of its traders can't evade $42 million in penalties over an alleged market manipulation scam, saying the penalties are grounded in both solid law and solid evidence.

  • February 28, 2020

    3rd Circ. Says Physical Harm Not Necessary For Asylum Claim

    The Third Circuit revived a Nicaraguan woman's asylum petition on Friday, saying an immigration judge had erred in ruling that her claim couldn't go forward because she hadn't suffered physical harm during the course of her alleged past persecution.

  • February 28, 2020

    EQT's $18M Suit Accuses Supplier Of Sending Faulty Valves

    An EQT Corp. unit is seeking at least $18 million in damages from a supplier, alleging in a Pennsylvania federal lawsuit Thursday that hundreds of valves it ordered for use on natural gas wells were faulty and needed to be replaced.

  • February 28, 2020

    Fenwick Guides Passage Bio In Upsized, $216M Debut

    Passage Bio started trading Friday after raising $216 million in an upsized initial public offering steered by Fenwick & West LLP that saw the genetic medicine company price at the top of its expected range.

  • February 28, 2020

    Pa. Panel Rules Value-Based-Tax Appeal Is Constitutional

    A Pennsylvania appeals court ruled in a published decision Friday that a Philadelphia-area school district's use of a monetary threshold to determine when to challenge tax assessments did not violate state constitutional principles requiring uniform taxation.

  • February 28, 2020

    American Airlines Policy Hurts Reservists, Pilot Says

    An American Airlines pilot who serves in the U.S. Air Force Reserve wants a Pennsylvania federal judge to clear his class action for takeoff, saying the way the airline handled short-term military leave gave hundreds of pilots short shrift on pay and benefits.

  • February 27, 2020

    Red Lobster Must Face ADA Accessibility Class Suit In Pa.

    A Pennsylvania federal judge ruled Wednesday that a handicapped Pittsburgh-area man's lone visit to a Red Lobster location near his home was sufficient to allow him to pursue proposed class claims the restaurant chain failed to provide adequate accommodations under the Americans with Disabilities Act.

  • February 27, 2020

    3rd Circ. Tells Hospital To Recognize Nurses' Accrued Leave

    Unionized nurses at a Pennsylvania hospital won’t have to give up their extra vacation time after the Third Circuit rejected their new employer’s bid to undo an arbitration award finding it had to honor all the leave they accumulated.

  • February 27, 2020

    Controversial Concussion Deal Redo Bid Teed Up For Ruling

    A retired NFL player who’s been fighting for months to reverse the denial of his $1.5 million claim in the concussion settlement has again blasted the league for mischaracterizing his arguments, setting the stage for a ruling in the closely watched episode.

  • February 27, 2020

    UPMC Says No To Identifying Tuberculosis-Infected Nurse

    Turning over the name and medical records of a former University of Pittsburgh Medical Center employee who potentially exposed thousands of patients and staff to tuberculosis in 2017 would violate state and federal privacy laws, the hospital network said in a brief opposing the release of the name for a patient’s proposed class-action lawsuit in Pennsylvania state court.

  • February 27, 2020

    Latham, Richards Layton Build $1.8B Merger For Gas Cos.

    Equitrans Midstream Corp. said Thursday it has agreed to buy the shares of EQM Midstream Partners LP that it does not already own in a deal that is worth roughly $1.8 billion and was guided by Latham & Watkins and Richards Layton.

  • February 27, 2020

    FTC Moves To Block Merger Of 2 Top Philly Health Networks

    The Federal Trade Commission said Thursday it will sue to stop Jefferson Health from acquiring Albert Einstein Healthcare Network, saying that combining the two Philadelphia-area health care systems would destroy their incentive to compete for inclusion in insurance networks and reduce the quality of care.

  • February 27, 2020

    Tucker Arensberg Must Turn Over Texts, Bills In Deal Dispute

    Tucker Arensberg PC must do a deeper dive to look for nonprivileged communications between one of its partners and a man accused of misrepresenting his ownership of an oil and gas property, and both sides will have to turn over financial records for review, a Pennsylvania federal judge ruled Wednesday.

  • February 27, 2020

    Ex-White And Williams Atty Gets 5 Years In Claim Fraud Case

    An ex-White and Williams LLP attorney told a federal judge he accepted full responsibility for his crimes as he was slapped with a five-year prison sentence Thursday over a scheme in which he reaped nearly $3.5 million through false insurance subrogation claims.

  • February 26, 2020

    BIA Misread Rule Before Flawed Removal Order: 3rd Circ.

    The Third Circuit on Wednesday tossed the Board of Immigration Appeals’ removal order for an Ecuadorean immigrant after finding that the board misread the so-called stop-time rule and that the error was the sole reason the man’s case was rejected.

  • February 26, 2020

    UPenn Workers Urge High Court To Skip ERISA Suit

    University of Pennsylvania workers on Wednesday asked the U.S. Supreme Court not to take up their ERISA suit accusing the school of mismanaging their retirement savings, telling the justices that a Third Circuit panel didn’t create a circuit split when it revived their case.

  • February 26, 2020

    DOL's Joint Employer Rule Subverts Wage Law, State AGs Say

    The U.S. Department of Labor’s recently finalized joint employer rule that makes it harder for affiliated businesses to share liability for wage violations paves the way for wage theft and should be invalidated, a coalition of 18 Democratic state attorneys general said in a suit filed Wednesday.

  • February 26, 2020

    UPenn Inks Deal With NCAA Over Ex-Coach's Esformes Bribes

    The University of Pennsylvania has agreed to resolve an enforcement action stemming from bribes that convicted health care fraudster Philip Esformes paid to former men's basketball coach Jerome Allen, the NCAA announced on Wednesday.

  • February 26, 2020

    Pa. Panel Revives $3M Trust Suit Against Rhoads & Sinon

    A Pennsylvania appeals court on Wednesday revived a lawsuit against the former Rhoads & Sinon LLP that accuses a pair of attorneys at the now-shuttered firm of botching their work on a will to transfer a trust established for the daughter of founding partner Frank Sinon to her husband.

  • February 26, 2020

    EQT Seeks To Force FLSA Overtime Suit Into Arbitration

    EQT Corp. is trying to force a Pennsylvania landman's overtime collective action into individual arbitration, arguing it was never the man's employer and that he signed an arbitration agreement before working with an EQT affiliate.

  • February 26, 2020

    3rd Circ. Kicks Lead Paint Abatement Suit To Pa. Court

    Sherwin-Williams Co. and four other paint manufacturers failed to get a Philadelphia county's lawsuit seeking lead remediation for hundreds of thousands of homes removed to federal court, with the Third Circuit finding Wednesday that the case belongs before a state judge.

  • February 26, 2020

    Former Consol Exec Wants Gender Bias Settlement Enforced

    The ousted ex-president of Consol Energy's coal spinoff said Wednesday "buyer's remorse" was no reason to throw out a settlement of her gender bias case against her former employer, and asked a Pennsylvania federal court to enforce the agreement the parties had reached before media coverage apparently gave Consol second thoughts.

Expert Analysis

  • FERC Price Order Leaves Renewable Developers Gobsmacked

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    The Federal Energy Regulatory Commission recently issued an order applying the minimum offer pricing rule to offshore wind and other new green energy projects in the PJM Interconnection system — making it nearly impossible for project developers to sell capacity into the market, says Belton Zeigler of Womble Bond.

  • Rebuttal

    Legal Industry Should Pursue AI Prediction Progress

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    As part of the debate prompted by my recent Law360 guest article on legal prediction using artificial intelligence, I would like to unpack four issues and suggest that attorneys and technologists continue to tackle the problems presently within reach, says Joseph Avery at Claudius Legal Intelligence.

  • Opinion

    More Legislatures Should Pass Broad Noncompete Bans

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    To offer protections for a larger population of workers, more states should enact comprehensive legislation like California’s prohibition on noncompete agreements for all employees or the recently introduced federal Freedom to Compete Act, says Joseph Abboud at Katz Marshall.

  • Solutions To 4 Common Law Firm Diversity Challenges

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    A workshop recently held by the California Minority Counsel Program provides steps law firms can take toward solving minority attorneys' limited access to social capital and lack of meaningful investment, as well as other obstacles to diversity and inclusion, says Alexandra DeFelice, director of marketing and business development at Payne & Fears.

  • Rebuttal

    Discrimination Cases Are Too Complex For AI Fee Prediction

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    A recent Law360 guest article criticizing the New Jersey Supreme Court’s ruling in Balducci v. Cige overlooks the intricate nature of discrimination cases, which renders artificial intelligence an insufficient tool for predicting time and cost, says Paul Aloe at Kudman Trachten.

  • Courts May Clash With Litigants Over Document Review Tech

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    As courts increasingly accept technology-assisted document review, some are bordering on forcing parties to employ TAR, in which case attorneys may need to step in if their clients prefer other processes, say Donna Fisher and Matthew Hamilton at Pepper Hamilton.

  • 3rd Circ. Philly Pay History Ruling May Set National Bar

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    The Third Circuit’s recent decision upholding Philadelphia’s law that bans employers from asking about salary history is likely to support similar legislation across the country, and is relevant to how courts may assess the evidence required for justification, say Reilly Moore and Robert Dumbacher at Hunton.

  • Rebuttal

    AI Can't Accurately Predict Case Length And Cost — Yet

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    A recent Law360 guest article argued that artificial intelligence can precisely estimate the length and cost of a new case, but several limitations will likely delay truly accurate predictions for years to come, says Andrew Russell at Shaw Keller.

  • EEOC Policy Change Clashes With Challenges To Arbitration

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    Although the U.S. Equal Employment Opportunity Commission’s recent retraction of a policy that opposed mandatory arbitration agreements for worker discrimination claims aligns with U.S. Supreme Court precedent, it doesn’t address resistance to arbitration in new state laws or in the wake of #MeToo, says Mauro Ramirez at Fisher Phillips.

  • What Health Care FCA Trends Tell Us About The Year Ahead

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    The U.S. Department of Justice showed more initiative in directly bringing health care-related False Claims Act cases despite a decrease in qui tam filings last year, and as scrutiny of the industry continues to rise, several sectors deserve to be watched carefully this year, say attorneys at Epstein Becker.

  • Consumer Finance Poised For Greater Scrutiny From States

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    As state-level regulators step up consumer finance oversight to fill the void created by more restrained federal regulation in this area, financial institutions should keep an eye on developments and agencies in several key states, say attorneys at Hogan Lovells.

  • Lawyers Can Build Trust Through The Spoken Word

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    As attorneys, we may prefer the precision of written communication, but a phone call or an in-person conversation builds trust by letting others see and hear our authentic selves, rather than something constructed or scripted, says mediator Sidney Kanazawa of ARC.

  • Universities Shouldn't Roll Dice On Sports Betting Compliance

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    As states across the U.S. legalize sports betting, universities must be willing to amend their compliance programs to protect their institutions, student-athletes, athletic conferences and the integrity of games, say attorneys at Cadwalader.

  • Opinion

    Legal Prediction Is Demanding But Not Impossible

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    The New Jersey Supreme Court’s recent decision in Balducci v. Cige incorrectly concluded that predicting the length and cost of a case is nearly impossible, and overlooked artificial intelligence's ability to do so, says Joseph Avery with Claudius Legal Intelligence.

  • T-Mobile/Sprint Ruling Elevates Tech Market Merger Analysis

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    A New York federal court’s recent refusal to block the merger of Sprint and T-Mobile provides a compelling case for considering the dynamism of high-tech markets and demonstrates a sophisticated understanding of the nuances and limitations of empirical economic analysis, says Jeffrey Eisenach of NERA Economic Consulting.

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