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Pennsylvania
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September 16, 2025
Merck Says Vaccine Case 'Poor Vehicle' For Antitrust Review
Merck & Co. told the U.S. Supreme Court to reject a bid from physicians looking to revive antitrust claims over submissions the pharmaceutical giant made to federal regulators concerning its mumps vaccine, arguing that the case is "an exceptionally poor vehicle" for review.
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September 16, 2025
3rd Circ. Says Yellow Has Ch. 11 Pension Liabilities
The Third Circuit has rejected Yellow Corp.'s appeal of a bankruptcy court decision on pension liability in its Chapter 11 case, saying Tuesday that the trucking company's pension funds are correct in their calculation of how much it owes as it pulls out of its retirement plans.
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September 16, 2025
Plant Bailout Cost Approvals Were Premature, FERC Told
Environmental and consumer advocates say the Federal Energy Regulatory Commission jumped the gun in approving plans to charge power consumers for the continued operation of retiring power plants that the Trump administration has controversially ordered to remain open.
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September 16, 2025
CVS Caremark Takes $290M Overbilling Judgment To 3rd Circ.
CVS's pharmacy benefits manager will appeal a judgment against the company that was recently increased from $95 million to $290 million in a suit alleging it overbilled Medicare Part D-sponsored drugs, according to a notice of appeal filed in Pennsylvania federal court.
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September 16, 2025
Airline Staffing Co. Must Face Most Of Breastfeeding Bias Suit
A company providing staff and support to airlines at Pittsburgh International Airport must face most of a former agent's claims it retaliated against her for seeking time to pump breast milk at work, a Pennsylvania federal judge ruled Monday.
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September 15, 2025
3rd Circ. Unsure When Uber Wage Case Hits Dead End
A Third Circuit panel on Monday questioned at what point a judge is permitted to declare that a case can't be resolved, as it considered a bid by Uber drivers to revive employment misclassification claims that already resulted in two deadlocked juries.
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September 15, 2025
In Reversal, 3rd Circ. Lets Honda Challenge NJ Town Tow Law
A Third Circuit panel reversed a district court's decision Monday, finding that Honda can argue it was denied due process after a New Jersey borough seized its vehicle from an uninsured lessee for driving uninsured, with a suspended license and registration.
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September 15, 2025
Engineer Who Tried To Pass Secrets To Russia Gets 10½ Years
A onetime defense contractor who held national security clearances will spend more than a decade in prison after he admitted to trying to help Russia and disclosing information about U.S. fighter jets to an undercover FBI agent, federal prosecutors said Monday.
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September 15, 2025
Kirkland, Gibson Dunn Advise On $1B Blackstone Energy Deal
Blackstone will pay nearly $1 billion to purchase the Hill Top Energy Center natural gas power plant from Ardian, with Kirkland & Ellis LLP and Gibson Dunn & Crutcher LLP steering the private equity firms on the agreement, the firms said Monday.
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September 15, 2025
Feds Urge 3rd Circ. To Restore NJ US Atty's Authority
The federal government has urged the Third Circuit to reverse a district court ruling disqualifying acting U.S. Attorney Alina Habba from prosecuting two criminal cases in New Jersey after the clock allegedly ran out on her interim term, arguing that her appointment is valid and that the court erred in its interpretation of the statute.
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September 15, 2025
Cozen O'Connor Picks Up 2 Jackson Lewis Attys In Philly
Cozen O'Connor is expanding its employment law resources in Philadelphia with the additions of two attorneys who have moved their practices from Jackson Lewis PC.
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September 15, 2025
Insurance Agency Says It's Not Liable For Lack Of Coverage
An insurance agency told a Pennsylvania state court that it can't be held liable for a furniture company's roughly $534,000 cyber loss, arguing that under state law, there is "no common law duty to advise, inform, or recommend optional coverage to the insured."
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September 15, 2025
Hill-Rom Escapes Pennsylvania Hospital's Monopoly Claims
Tower Health's Reading Hospital failed to specifically outline how hospital equipment supplier Hill-Rom Holdings Inc. allegedly monopolized the hospital bed market, a Pennsylvania federal judge ruled Friday in dismissing Reading's proposed class action with prejudice.
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September 12, 2025
3rd Circ. Backs Fox News In DHS Expert's Defamation Suit
The Third Circuit on Friday upheld a win for Fox News Network LLC and Fox Corp. in a defamation lawsuit from the onetime head of the Biden administration's disinformation watchdog, holding that the unflattering claims the network's hosts made about the agency were opinion or not proven to be untrue.
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September 12, 2025
DOJ Says States Can't Reverse Grant Cuts In OMB Reg Fight
The Trump administration urged a Massachusetts federal judge to throw out a suit brought by a score of states accusing it of misinterpreting an Office of Management and Budget regulation to slash thousands of grants, arguing they must seek relief in another forum.
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September 12, 2025
Higher Ed Real Estate: A Back To School Special
As colleges and universities face mounting financial pressures and enrollment challenges, their real estate strategies are evolving. From legal battles over property disputes to creative approaches for monetizing underutilized assets, Law360 Real Estate Authority offers a window into real estate concerns in the higher education sector.
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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.
Expert Analysis
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Series
Competing In Modern Pentathlon Makes Me A Better Lawyer
Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.
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Policy Shifts May Follow Burst Of Defense Cyber Settlements
Recent False Claims Act settlements with defense contractors MORSECORP and Nightwing suggest that cybersecurity standards for government contractors remain a key enforcement priority, but these may represent a final flurry of activity before the Trump administration transitions to different policy goals, say attorneys at Alston & Bird.
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Series
Law School's Missed Lessons: Teaching Yourself Legal Tech
New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
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When Legal Advocacy Crosses The Line Into Incivility
As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.
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Philly Law Initiates New Era Of Worker Protections
A new worker protection law in Philadelphia includes, among other measures, a private right of action and recordkeeping requirements that may amount to a lower evidentiary standard, introducing a new level of accountability and additional noncompliance risks for employers, say attorneys at Morgan Lewis.
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.
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Series
Law School's Missed Lessons: Appreciating Civil Procedure
If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.
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Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use
The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.
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Synopsys-Ansys Merger Augurs FTC's Return To Remedies
The Federal Trade Commission's recent approval of $35 billion merger between Synopsys and Ansys, subject to the divestiture of certain assets, signals a renewed preference for settlements over litigation, if the former can preserve competition and a robust structural remedy is available, say attorneys at Simpson Thacher.
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In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable
The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.
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What FCA Liability Looks Like In The Cybersecurity Realm
Two recent settlements highlight how whistleblowers and the U.S. Department of Justice have been utilizing the False Claims Act to allege fraud predicated on violations of cybersecurity standards — timely lessons given new bipartisan legislation introducing potential FCA liability for artificial intelligence use, say attorneys Rachel Rose and Julie Bracker.
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How Attorneys Can Become Change Agents For Racial Equity
As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.
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Series
Running Marathons Makes Me A Better Lawyer
After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.