Pennsylvania

  • September 07, 2021

    Pa. Lawmaker, Parents' Suit Calls School Mask Mandate Illegal

    The Republican leader of Pennsylvania's state Senate has filed a challenge to Gov. Tom Wolf's statewide school mask mandate, arguing that with the legislature's termination of the pandemic emergency declaration, the acting secretary of health couldn't issue such an order without going through the regulatory review process.

  • September 07, 2021

    Anti-Mask Shoppers Told To Turn Over Facebook Messages

    A court-appointed special master overseeing discovery disputes in a challenge to grocer Giant Eagle's COVID-19 mask mandate has recommended that several shoppers be compelled to turn over private Facebook messages about the case and pay part of the chain's legal costs as a sanction.

  • September 07, 2021

    Attorney Leaves Public Service To Join McNees Wallace

    McNees Wallace & Nurick LLC this week welcomed a veteran trial attorney with more than 15 years' experience working in state and federal government to the firm's Harrisburg, Pennsylvania, office.

  • September 07, 2021

    Court Says Counterclaims In Pot Software Row Can Proceed

    A Pennsylvania federal judge has allowed cannabis technology company MJ Freeway's counterclaims against a subcontractor to go forward, finding the subcontractor's discussions with the state about the parties' dispute are not protected by judicial privilege.

  • September 03, 2021

    3rd Circ. Raises Bar For Mandatory Immigration Detention

    The U.S. bears the burden of showing that a noncitizen more likely than not belongs in mandatory detention to keep them in custody without bond, the Third Circuit said in a precedential decision Friday.

  • September 03, 2021

    Court Won't Undo Contractor's Plea In River Pollution Case

    A contractor convicted of dumping pollutants into the Susquehanna River and pocketing benefits money during a bridge restoration project can't get a do-over because his lawyer represented him and his company at the same time, a federal judge ruled Friday.

  • September 03, 2021

    Ex-Worker Says NBA's 76ers Ran Afoul Of NJ Race Bias Law

    A former facility manager hit the Philadelphia 76ers with a New Jersey racial discrimination lawsuit on Wednesday, claiming that the team effectively 86'd him for a better-paid white replacement after his bosses overworked and ridiculed him.

  • September 03, 2021

    Teva Drops Claim That Rival Slowed Generic Development

    Teva Pharmaceuticals has voluntarily dropped its claims against Amicus Therapeutics Inc., which it had accused of hoarding supplies of a costly brand-name medication in violation of a new federal law aimed at providing generic drug manufacturers with predictable supplies of new medicines to aid in bringing unbranded alternatives to market.

  • September 03, 2021

    Anderson Kill Adds Crypto Litigator As Shareholder In Philly

    A litigator with a growing reputation as a top adviser on cryptocurrency and blockchain matters has joined Anderson Kill PC's Philadelphia office, the firm announced this week.

  • September 03, 2021

    Mortgage Co. Settles Needless Inspection Suit for $2.7M

    Freedom Mortgage Corp. has reached a proposed $2.7 million class action settlement over fees for allegedly unnecessary inspections, according to a request for preliminary approval from a Pennsylvania federal court.

  • September 03, 2021

    Ex-Trump Official Says Missing Party Sinks $9M Pa. Fraud Suit

    A Trump-era State Department appointee has asked a Pennsylvania federal judge to spike, or at least move, a lawsuit accusing him and a Philadelphia-based attorney of stealing over $9 million from an investment firm, claiming the suit failed to include a necessary defendant and belongs in New York.

  • September 02, 2021

    CNX Can't Escape Contractor's $4.3M Bill

    A Pennsylvania federal judge refused Thursday to end a suit filed by a CNX Resources Corp. against a contractor over $4 million worth of cost overages for work on a natural gas compressor station, ruling that there were enough ambiguities in the contract to warrant proceeding with the case.

  • September 02, 2021

    Universal Health Class Says 'Consensus' Favors Certification

    Universal Health Services Inc. employees urged the Third Circuit not to decertify their 70,000-member class in an ERISA suit against the company, saying Universal's argument for breaking up the group was "procedural chicanery" used to rehash whether the class has standing to sue.

  • September 02, 2021

    Insurer Wants Out Of Trailer Park Roof Collapse Suit

    Scottsdale Insurance Co. told a Pennsylvania federal judge that it shouldn't have to defend a mobile home park accused by an injured worker of negligence, arguing an exclusion in its policy prevents coverage for injured employees.

  • September 02, 2021

    UPMC, Doctor Face FCA Suit Over Simultaneous Operations

    The chair of cardiothoracic surgery at the University of Pittsburgh Medical Center frequently double- and triple-booked surgical procedures, hopping between operating rooms in violation of federal health program rules that required him to be present for all the critical parts of each operation, federal prosecutors said Thursday.

  • September 02, 2021

    3rd Circ. Says Time Limit Doesn't Stop Securities Class Action

    The Southeast Pennsylvania Transit Authority's amended stock-drop suit against a Pennsylvania bank wasn't time-barred because a federal court rule governing statutes of limitations also governs stricter statutes of repose, the Third Circuit ruled Thursday.

  • September 02, 2021

    Lab Maker Says Ex-Exec Stole 10,000 Docs For New Employer

    Sterile laboratory maker AES Clean Technology Inc. has sued a former operations manager for allegedly stealing more than 10,000 confidential documents for his new employer, a direct rival that it has separately litigated against.

  • September 02, 2021

    Pa. Takes Step To Join Growing Bloc Of Cap-And-Trade States

    Pennsylvania regulators have taken steps to limit carbon dioxide pollution from state power plants and join a regional cap-and-trade initiative, a major step toward realizing the state’s goal of reducing emissions by over 25% in the next five years.

  • September 01, 2021

    3 Firms Vie To Lead Stock Drop Suit Over Vax Candidate

    Pomerantz LLP, Levi & Korsinsky LLP and Johnson Fistel LLP are vying for lead counsel status in a proposed securities class action against biopharmaceutical company Ocugen Inc. over allegedly misleading statements regarding a COVID-19 vaccine.

  • September 01, 2021

    Pot Giants Ayr, Planet 13 Ink Deals Worth $135M Combined

    Two cannabis companies announced that they inked deals on Wednesday, with multistate cannabis operator Ayr Wellness Inc. sharing that it struck an $80 million deal for three Pennsylvania pot shops, while Nevada-based dispensary Planet 13 hatched a $55 million deal to enter the Florida market.

  • September 01, 2021

    3rd Circ. Says Pidgin Clearly Isn't Same As Standard English

    Immigration officials violated the due process rights of a man from Cameroon who only spoke Pidgin English when they failed to provide an interpreter for him, the Third Circuit declared Wednesday.

  • September 01, 2021

    TV Stations Tell FCC That $9M Fine Tramples 5th Amendment

    Broadcast stations that were hit with $9 million in FCC fines earlier this summer are asking the agency to reconsider, saying the agency didn't give them enough of a heads-up about the "magnitude of penalty" it could impose for sabotaging program carriage talks.

  • September 01, 2021

    Snyder's-Lance Can't Decertify Snack Workers In FLSA Row

    An opt-in class of more than 300 delivery drivers for the Snyder's and Lance snack-food companies had enough in common to avoid being broken up into individual cases, a North Carolina federal judge ruled Wednesday.

  • September 01, 2021

    Purdue Pharma Ch. 11 Plan Gets OK With Sackler Releases

    A New York bankruptcy judge on Wednesday approved OxyContin maker Purdue Pharma's Chapter 11 plan, including contentious opioid liability releases for the company's now-former Sackler family owners.

  • September 01, 2021

    Pa. Gas Investor Says Ex-Manager Refused To Cede Power

    The founder of a Pennsylvania oil and gas exploration company has refused to cede control to new managers appointed by investors in the company, according to a lawsuit the investors filed in Pennsylvania state court.

Expert Analysis

  • What Attorneys Should Know About Fee Deferral

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    Milestone Consulting’s John Bair explores contingency-fee structuring considerations for attorneys, laying out the advantages — such as tax benefits and income control — as well as caveats and investment options.

  • Predictions On Pandemic's Lasting Impact On Legal Education

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    The pandemic accelerated the pace of technological change for legal education, and some of the changes to how law school courses are taught and on-campus interviews are conducted may be here to stay, says Leonard Baynes at the University of Houston.

  • Lawyer Perfectionism Is A Disease We Can Control

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    The pursuit of perfection that is prevalent among lawyers can lead to depression, anxiety and other mental health impacts, but new attorneys and industry leaders alike can take four steps to treat this malady, says Liam Montgomery at Williams & Connolly.

  • 5 Tips To Help Your 2021 Summer Associates Succeed

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    Despite pandemic-related challenges this year, law firms can effectively train summer associates on writing and communicating — without investing more time than they ordinarily would, says Julie Schrager at Schiff Hardin.

  • 5 Current Ad And Marketing Legal Risks To Watch Out For

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    As companies respond to changing circumstances including the COVID-19 pandemic and ongoing social justice struggles, they should be aware of advertising, marketing and promotion practices that may increase scrutiny from regulators, competitors and class action plaintiffs, say Amanda Beane and Jason Howell at Perkins Coie.

  • Opinion

    It's Time For States To Enact Effective Marijuana DUI Laws

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    The increasing legalization of recreational marijuana spotlights the need for states to safeguard the public by developing laws to curb driving under the influence of drugs with uniform bright-line rules, along with more accurate testing and increased law enforcement training, say Laura Sedrish at Jacoby & Meyers and Victor Schwartz at Shook Hardy.

  • Pa. Tax Talk: Takeaways From 2 Commonwealth Court Rulings

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    A Pennsylvania appellate court's recent decision in Good Shepherd Rehabilitation v. Allentown sets a positive precedent for other nonprofits subject to Allentown's aggressive tax position, and its recent decision in Mandler v. Commonwealth offers a reminder that some taxes, including payroll withholding taxes, are never dischargeable in bankruptcy, says Jennifer Karpchuk at Chamberlain Hrdlicka.

  • Firms Should Use Surveys To Make Smart Legal Tech Choices

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    The utility of legal technology innovations may be limited without clear data and objectives from the outset, but targeted surveys can provide specific insights that enable law firms to adopt the most appropriate and efficient tech solutions, says Tim Scott at Frogslayer.

  • Insurance Ruling Clarifies Excess Coverage For Opioid Suits

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    A Pennsylvania federal court's ruling this week in Giant Eagle v. American Guarantee Insurance, reversing an earlier finding that two excess insurers had duties to defend opioid injury suits, provides invaluable assurance to excess carriers that opioid defendants can’t use immense defense costs as a basis to leapfrog their primary coverage, says Adam Fleischer at BatesCarey.

  • And Now A Word From The Panel: Location Is Central

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    The Judicial Panel on Multidistrict Litigation's recent decision to centralize lawsuits over coffee labeling in Missouri, rather than in the locations suggested by either the plaintiffs or the defendants, highlights how venue selection can be one of the most unpredictable aspects of MDL practice, says Alan Rothman at Sidley.

  • Don't Forget Due Diligence In Race For Lateral Associate Hires

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    Amid high demand for associates and aggressive competition to attract talent, law firms should take three key steps to conduct meaningful prehire due diligence and safeguard against lateral hiring mistakes that can hurt their revenue and reputation, says Michael Ellenhorn at Decipher.

  • Privilege Waiver Risks From Reps & Warranties Insurance Use

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    The use of representations and warranties insurance in M&A could result in waiver of the attorney-client privilege, but policyholders can do a number of things to minimize disclosure of transaction-related information when negotiating the insurance policy and after a claim arises, say attorneys at Bass Berry.

  • Lessons In Civility From The Alex Oh Sanctions Controversy

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    Alex Oh’s abrupt departure from the U.S. Securities and Exchange Commission and admonishment by a D.C. federal judge over conduct in an Exxon human rights case demonstrate three major costs of incivility to lawyers, and highlight the importance of teaching civility in law school, says David Grenardo at St. Mary's University.

  • Opinion

    Biz Record Admissibility Rule Must Adapt To An ESI World

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    The federal rule that permits the use of business records as evidence must be amended to address the unreliability of electronically stored information and inconsistent court frameworks on email admissibility, say Josh Sohn and Nadia Zivkov at Stroock.

  • Illinois Ruling Clarifies Ch. 7 Substantial Contribution Claims

    Excerpt from Practical Guidance
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    In its recent Concepts America decision, the Illinois bankruptcy court didn't settle the debate over Chapter 7 substantial contribution claims, but provided useful guidance regarding a conflict that is likely to continue absent appellate precedent or legislative action, say Daniel Merrett and Mark Douglas at Jones Day.

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