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Pennsylvania
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March 06, 2024
Pa. Pharma Co. Cops To Adulterated-Drug Charges
A Pennsylvania generic drug manufacturer has pled guilty to federal charges that it sold adulterated drugs in the U.S. into interstate commerce and agreed to pay a $1.5 million penalty, the U.S. Department of Justice said Wednesday.
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March 06, 2024
Choice Can Confirm Award Over $61M In Franchisee Claims
Choice Hotels has been ordered to pay a roughly $780,000 arbitration award after dozens of South Asian franchisees earlier fought the hotel chain's bid to arbitrate their claims that a vendor kickback scheme cost them $61 million.
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March 06, 2024
Norfolk Southern Can't Shift Cleanup Costs To Tank Car Cos.
Norfolk Southern cannot dump environmental cleanup costs on seven tank car owners and shipping customers with rail cars transporting chemicals and hazardous materials on the train that derailed in East Palestine last year, an Ohio federal judge said Wednesday.
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March 06, 2024
3rd Circ. Questions Who Can Sue Under NJ Cannabis Law
The Third Circuit on Wednesday struggled to pinpoint whether workers can sue employers under a New Jersey law that protects them from punishment for cannabis use, while also expressing unease about accepting Walmart's assertion that state regulators possess broad enforcement authority.
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March 06, 2024
NTSB Chief Says Boeing Isn't Sharing Info In Blowout Probe
The National Transportation Safety Board's chief told a Senate panel Wednesday that The Boeing Co. still hasn't provided information about the door plug that blew off a 737 Max 9 jet two months ago, fueling troubling new questions as Boeing faces multiple probes into its safety culture and quality control.
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March 06, 2024
'Anarchists' Don't Absolve Newspaper Unions, Pa. Panel Told
A Pennsylvania judge's finding that "anarchists" had joined up with striking unions outside a Pittsburgh Post-Gazette facility should not let the unions off the hook for blocking delivery vehicles from going in and out of the facility's parking lot, an attorney for the newspaper's publisher argued before a state appellate panel Wednesday.
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March 06, 2024
3rd Circ. Bristles At Exxon Ignoring OSHA Whistleblower Order
A Third Circuit panel on Wednesday seemed exasperated with ExxonMobil's refusal to reinstate two fired whistleblowers despite an Occupational Safety and Health Administration order to do so, repeatedly grilling the energy company's counsel to come up with a good reason for flouting the directive.
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March 06, 2024
Sewer Deal Kept On Ice During Appeal In Philly Suburb's Ch. 9
A Philadelphia bankruptcy judge Wednesday rejected a utility's latest effort to lift the automatic stay triggered by the City of Chester's Chapter 9 bankruptcy, which has delayed a $276.5 million sewer sale, saying it would require her to answer questions that are on appeal from a similar motion she nixed last year.
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March 06, 2024
Logistics Co. Escapes Ex-Worker's Age Bias Suit For Now
A federal judge has tossed a man's suit claiming a logistics company forced him to quit because he's in his 60s, saying it appeared that the ex-employee should have invoked the laws of Pennsylvania, not New Jersey.
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March 06, 2024
Correctional Facility Settles Inmate's HIV Bias Suit
A Pennsylvania county and a private correctional facility management company agreed to end a former inmate's suit claiming he was unlawfully barred from working in the kitchen after his HIV status was improperly disclosed, his attorneys announced Wednesday.
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March 05, 2024
Penn Perpetuates 'Virulent Anti-Jewish Hatred,' Students Say
The University of Pennsylvania has fostered a culture of antisemitism that has only escalated since Hamas-led killings in Israel on Oct. 7, according to an amended federal complaint accusing the school of cultivating a "pervasively hostile educational environment."
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March 05, 2024
Tank Car Cos. Can Inspect Derailed Train Parts, Judge Says
An Ohio federal magistrate judge said Tuesday that the National Transportation Safety Board must allow rail tank car owners facing claims in sprawling consolidated litigation to inspect crucial components from the Norfolk Southern train that derailed in East Palestine last year.
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March 05, 2024
Philly, Dallas Feds Name New Top Attys
The Federal Reserve Bank of Philadelphia on Tuesday announced it has promoted its deputy general counsel to senior vice president and general counsel, following a similar announcement from the Federal Reserve Bank of Dallas about its former interim general counsel.
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March 05, 2024
3rd Circ. Skeptical Of Teamsters' Belated Wage Grievance
A Third Circuit panel appears likely to uphold a decision dismissing a union's wage grievance win despite buying that a cemetery operator disregarded their deal after all but agreeing Tuesday with a district court judge that the union waited too long to object to the company's alleged violation.
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March 05, 2024
Pa. Justices Ask If Pipeline Fight Is Preempted 'Civil Action'
The Pennsylvania Supreme Court on Tuesday pondered whether the federal National Gas Act empowers the state to review permits for a pipeline project, or bars it from doing so, a question that hinges on whether appeals to a state board are preempted civil actions or administrative proceedings that would fall under the state's purview.
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March 05, 2024
Rite Aid Process To Break Leases, Close Stores In Ch. 11 OK'd
A New Jersey bankruptcy judge on Tuesday signed off on procedures for bankrupt retail pharmacy chain Rite Aid Corp. to potentially shutter 210 rented stores with fast-approaching lease rejection deadlines, overruling objections from two landlords.
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March 05, 2024
Judge's Side Job Invalidates Tax Rulings, Pa. Justices Told
Pennsylvania's constitution has barred judges from holding second jobs since 1776, counsel for a Delaware County hospital told the state Supreme Court during an oral argument Tuesday, so a senior judge who started collecting pay from a Philadelphia tax appeals board had effectively resigned and his rulings on the hospital's tax appeals were invalid.
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March 05, 2024
FDA Rejection Of Fosamax's Label Fix Not Final, 3rd Circ. Told
Counsel for patients suing Merck over its osteoporosis drug Fosamax's alleged risk of causing painful bone fractures told a Third Circuit panel Tuesday that a Food and Drug Administration letter denying changes to the drug's label does not count as a final agency action triggering federal preemption of state law failure to warn claims.
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March 05, 2024
Monsanto Nabs 1st Win In Philly's Roundup Trial Blitz
A Philadelphia jury on Tuesday cleared Monsanto of liability in a Pennsylvania cancer patient's suit alleging he developed his illness after using the weed killer Roundup, handing the company its first win in the venue where plaintiffs have won more than $2.5 billion in damages on tort claims over the Bayer AG unit's signature product.
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March 04, 2024
Ex-Philly Union 'Gofer' Gets Probation For Embezzlement
A former International Brotherhood of Electrical Workers employee who admitted to shopping with union funds while serving as a "gofer" for convicted ex-business manager John Dougherty was sentenced to three years of probation on Monday in Pennsylvania federal court.
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March 04, 2024
Advocacy Group Pushes FCC For Hearing On Fox License
The FCC should order Fox Television Stations to turn over the documents that an advocacy group says it needs to build its case that the company's Philadelphia affiliate should lose its license for hawking election conspiracy theories, that group told the agency.
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March 04, 2024
Philly Uber Drivers Tell Jury They're Employees
Counsel for Uber drivers told a federal jury in Philadelphia on Monday that the ride-hailing company saved big on labor costs by misclassifying them as independent contractors instead of employees entitled to benefits.
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March 04, 2024
3rd Circ. Says Union Courted Rebuke In NLRB Reversal
A Third Circuit panel on Monday reversed a National Labor Relations Board ruling that a nonprofit nudged workers to rebuke their union before withdrawing recognition, with one member going on to question limits on courts' power to review board rulings.
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March 04, 2024
Suit Says Firm Wrongly Repped Two Parties In Car Crash
A passenger injured in a car accident in Pittsburgh says attorneys from Goodrich & Geist did not advise him to find counsel separate from that of the driver of the car he was in and denied him the opportunity to seek damages.
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March 04, 2024
Laptop Dustup Pits Steptoe & Johnson Against Bookkeepers
A Manhattan federal judge on Monday prodded Steptoe & Johnson PLLC to try to settle claims that it unlawfully exploited the contents of a Pennsylvania accounting and tax concern's laptop, but the law firm's counsel denied it had any such device.
Expert Analysis
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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And Now A Word From The Panel: Tracking MDL Geography
In recent years, the Judicial Panel on Multidistrict Litigation has predominantly selected states east of the Mississippi River as venues for new MDLs — but with half of the proceedings it has created in recent months venued in Arizona and California, the panel is not neglecting the western part of the country, says Alan Rothman at Sidley.
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Pa. Ruling Shows Why Term Sheet Can Be Worth The Wait
A Pennsylvania bankruptcy court’s recent In re: Legarde ruling, holding that a settlement term sheet was enforceable, reminds litigants that it’s crucial to draft a written agreement before leaving mediation in order to resolve potential evidentiary issues and protect against buyer’s remorse, says Brian Shaw at Cozen O'Connor.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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An Overview Of Circuit Courts' Interlocutory Motion Standards
The Federal Arbitration Act allows litigants to file an immediate appeal from an order declining to enforce an arbitration agreement, but the circuit courts differ on the specific requirements for the underlying order as well as which motion must be filed, as demonstrated in several 2023 decisions, says Kristen Mueller at Mueller Law.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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What Cos. Should Know About FTC's Proposed Junk Fee Rule
The Federal Trade Commission recently announced a notice of proposed rulemaking targeting junk fees and how businesses may advertise prices to consumers — and since it would give the agency powers to seek monetary penalties against businesses that do not comply, companies should look to get ahead now, say Phyllis Marcus and Nicole Johnson at Hunton Andrews.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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Rite Aid's Reasons For Ch. 11 Go Beyond Opioid Suits
Despite opioid-related lawsuits being the perceived reason that pushed Rite Aid into bankruptcy, the company's recent Chapter 11 filing reveals its tenuous position in the pharmaceutical retail market, and only time will tell whether bankruptcy will right-size the company, says Daniel Gielchinsky at DGIM Law.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.