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Pennsylvania
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September 12, 2025
Cops Not Immune In Suit Over Fabricated Proof, 3rd Circ. Says
The Third Circuit held in a precedential ruling Friday that police officers are not shielded by qualified immunity in malicious prosecution lawsuits involving allegations of fabricated evidence and forced confessions.
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September 12, 2025
3rd Circ. Backs Philly School In Worker's COVID Leave Suit
A former Philadelphia school employee resigned rather than being fired, the Third Circuit said Friday, affirming a federal court decision tossing his suit claiming he was discriminated against for refusing to get the coronavirus vaccine because of his religious beliefs.
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September 12, 2025
Off The Bench: NCAA Athlete Ban, WNBA Sun Controversy
In this week's Off The Bench, the NCAA administered permanent bans to three basketball players, and two high-profile politicians warned the WNBA that it could be at risk of violating antitrust laws if it interferes in the sale of the Connecticut Sun.
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September 12, 2025
Appeals Courts Rethink Harsh Youth Sentences, Search Rules
State appellate courts across the country have issued major criminal law opinions this year, softening some of the harshest sentences for young defendants while shifting rules for searches and evidence collection.
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September 12, 2025
Ex-Conn. Assistant AG Faces DQ Bid In Price-Fixing Case
Drug companies accused of fixing prices for generics are seeking to disqualify former Connecticut Assistant Attorney General Joseph Nielsen and his law firm from representing insurers in a multidistrict litigation, arguing Nielsen had access to confidential information as a government attorney that he could unfairly use against them now.
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September 12, 2025
Insurer Says Demolition Co. Can't Pursue Damage Offset
An insurer seeking to recoup $375,000 paid in connection with an implosion that damaged a policyholder's home asked a Pennsylvania state court to toss a demolition contractor's counterclaim for an offset of damages, saying the contractor attempted to improperly join a claim from a separate action.
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September 12, 2025
Philly Judge Halts Case Over Atty's Alleged Bribery Claim
A Philadelphia judge has indefinitely stayed a lawsuit by a personal injury firm accusing an ex-Holland & Knight LLP partner of unlawfully accessing firm files amid a hostile divorce proceeding, in light of new allegations that the lawyer texted his ex-wife, an attorney at the injury firm, suggesting that the judge had taken a bribe.
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September 11, 2025
Khalil Asks 3rd Circ. To Affirm His Release From ICE Detention
Mahmoud Khalil, the pro-Palestinian activist whom immigration officials are seeking to deport, urged the Third Circuit on Wednesday to affirm his release from immigration detention, saying a lower court got it right in several decisions that led to his release.
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September 11, 2025
Medicare Drug Pricing Plan Survives Novartis' 3rd Circ. Appeal
The Third Circuit ruled Thursday that the Centers for Medicare & Medicaid Services' ability to negotiate "maximum fair prices" with drugmakers doesn't violate their constitutional rights, rejecting an argument by Novartis Pharmaceuticals Corp. that the practice amounted to a raw deal for the pharmaceutical industry.
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September 11, 2025
Doctor Says Brother's Ex-Firm Reneged On Pro Bono Promise
A doctor has accused Whiteford Taylor & Preston LLP of backing out of its promise to represent her free of charge in litigation by her former employer, the University of Oklahoma College of Medicine, over her efforts to publish testimonials from patients regarding gender transition care.
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September 11, 2025
Legal Services Corp. Awards $5.5M To 19 For Pro Bono Work
Nineteen legal services organizations across 15 states received a total of $5.5 million in awards to support their pro bono services for low-income Americans, the Legal Services Corp. announced Thursday.
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September 11, 2025
3rd Circ. Won't Toss Talc Co. Whittaker Clark & Daniels' Ch. 11
Defunct talc supplier Whittaker Clark & Daniels properly filed for Chapter 11 protection in 2023 and its bankruptcy case should not be dismissed, the Third Circuit has ruled, siding against talc claimants who argued the company already being in receivership precluded it from filing for bankruptcy.
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September 11, 2025
NCAA Investigating 13 More Alleged Sports Betting Violations
The NCAA announced Thursday that it is investigating an additional 13 former men's basketball players from several universities for alleged sports betting violations.
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September 11, 2025
Philly Police Seek Class Cert. In Emergency OT Pay Suit
A group of "ranking officers" in the Philadelphia Police Department on Thursday asked a federal judge to certify a class of approximately 230 current and former officers for their lawsuit alleging they weren't informed of their eligibility for overtime pay.
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September 11, 2025
Pa. Justices Seek Fair Process For Picking Tax Appeals
Pennsylvania's Supreme Court grappled Thursday with whether a school district's tax assessment appeals ran afoul of prior rulings upholding the uniformity clause of the state Constitution, suggesting that any criteria for choosing appeals might favor one kind of property over another.
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September 10, 2025
Pa. Court Upholds Defense Verdict In Throat Surgery Suit
The Pennsylvania Superior Court on Wednesday affirmed a jury verdict in favor of an anesthesiologist accused of causing a patient's trachea tear following throat surgery, saying the doctor's expert witness didn't introduce new testimony at trial.
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September 10, 2025
3rd Circ. Questions NJ's Bid To Block Kalshi's Sports Bets
The Third Circuit seemed prepared on Wednesday to block New Jersey from enforcing a sports gambling ban on trading platform KalshiEx, with at least one judge arguing the U.S. Commodity Futures Trading Commission's authority to regulate the event contracts space "seems quite broad."
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September 10, 2025
4th Circ. Hears Neb. Tribe's Fight For Children's Repatriation
The U.S. Army can't say that the remains of two children entombed in a former Pennsylvania Indian boarding school are not part of a collection or holding, counsel for a Nebraska tribe told a Fourth Circuit panel on Wednesday in seeking the return of the remains to their tribe, arguing that they were buried and re-buried without tribal consent.
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September 10, 2025
$36M DOL Award Unjustified, Nursing Homes Tell 3rd Circ.
A group of bankrupt nursing homes told a Third Circuit panel Wednesday that a nearly $36 million judgment against it for not paying employees overtime should be thrown out because the judge who ordered it found sweeping Fair Labor Standards Act violations across the company without the support of the evidence.
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September 10, 2025
Fired FBI Officials Claim 'Campaign Of Retribution' In New Suit
Three former senior FBI officials sued the Trump administration in D.C. federal court on Wednesday, accusing FBI Director Kash Patel of politicizing the agency and firing them as part of a "campaign of retribution" in a bid to keep his own job.
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September 10, 2025
Privilege Bars Ex-Holland & Knight Atty's Defamation Claim
A former Holland & Knight attorney's counterclaim against Philadelphia personal injury firm Fritz & Bianculli LLC has been dismissed from Pennsylvania federal court after a judge ruled that statements made in the firm's complaint accusing the attorney of unauthorized access to confidential files could not be used to allege defamation.
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September 10, 2025
3rd Circ. Seeks Standing Specifics In Website Tracking MDL
The Third Circuit on Wednesday challenged both retailers and consumers over so-called session replay software capturing online shoppers' data, wanting to know if a proposed class could be more specific about what "sensitive" information was actually shared by Bass Pro Shops and Cabela's and if their stores had any limits on connecting private searches with specific people.
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September 09, 2025
Pa. Panel Won't Nix Hospice Co. COVID Infection Suit
A Pennsylvania Superior Court on Tuesday refused to throw out a suit by an elderly couple alleging a physical therapist and her employer negligently infected them with COVID-19, finding the claims are not blocked by federal health emergency laws.
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September 09, 2025
Pa. Justices Seem Split On Uber's 'Clickwrap' Arbitration Link
The Pennsylvania Supreme Court appeared unsure about whether arbitration agreements linked in apps like Uber adequately inform consumers that they're giving up the right to a jury trial by using services, with some justices commenting during oral arguments Tuesday that more explicit warnings couldn't hurt and others saying they could muddle the state's contract laws.
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September 09, 2025
Pa. Court Orders Resentencing In 2 DUI Cases Over Treatment
A pair of drunk-driving cases in Pennsylvania will be sent back to the lower courts for resentencing after a state appeals court ruled Tuesday that recently decided state Supreme Court precedent requires prosecutors to prove in front of a jury that the drivers had previously completed a drunk-driving program in order to apply sentencing enhancements.
Expert Analysis
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Biosolid Contaminants Spawn Litigation, Regulation Risks
While nutrient-rich biosolids — aka sewage sludge — can be an attractive fertilizer, pending legislation and litigation spurred by the risk of contamination with per- and polyfluoroalkyl substances and other pollutants should put stakeholders in this industry on guard, say attorneys at K&L Gates.
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Ruling Offers Insurers A Path To Settle Sans Insured Consent
A recent North Carolina federal court ruling, Martin Marietta Materials v. Ace, joins other states in holding that an insurer may consider its own interests in settlement negotiations, outlining a strong strategy for insurers faced with an uncooperative insured and the threat of a large verdict, say attorneys at Phelps Dunbar.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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3rd Circ. FMLA Suit Revival Offers Notice Rule Lessons
In Walker v. SEPTA, the Third Circuit reinstated a former Philadelphia bus driver's Family and Medical Leave Act lawsuit, finding the notice standard is not particularly onerous, which underscores employers' responsibilities to recognize and document leave requests, and to avoid penalizing workers for protected absences, say Fiona Ong and Leah Shepherd at Ogletree.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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Notable Q2 Updates In Insurance Class Actions
Vehicle valuation challenges regarding the use of projected sale adjustments continued apace in insurance class actions this quarter, where insurers have been scoring victories on class certification decisions in federal circuit courts, says Mathew Drocton at BakerHostetler.
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Series
Hiking Makes Me A Better Lawyer
On the trail, I have thought often about the parallels between hiking and high-stakes patent litigation, and why strategizing, preparation, perseverance and joy are important skills for success in both endeavors, says Barbara Fiacco at Foley Hoag.
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6 Tips On Drafting Machine Learning Patents Post-Recentive
While the Federal Circuit's decision in Recentive v. Fox narrows the scope of patent-eligible machine learning applications, there are several drafting and prosecution strategies that may help practitioners navigate Section 101 challenges, say attorneys at BCLP.