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Pennsylvania
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October 08, 2025
5th Circ. Wary Of TitleMax Affiliate's Aim To Skip Usury Case
A Fifth Circuit panel appears skeptical of a TitleMax affiliate's argument that it should get to escape the Pennsylvania Department of Banking and Securities usury case alleging the affiliate breached state law, saying Wednesday the proceedings looked like typical state police power.
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October 08, 2025
Pa. Court Says New Murder Trial Can't Rely On Witness Video
The Pennsylvania Superior Court has asked a lower court to revisit its grant of a new trial for a man convicted of a 1976 murder, saying it wrongly relied on video testimony from a witness who claimed police bribed him with sexual liaisons while in custody in order to frame an innocent man.
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October 08, 2025
Kalshi Fights Ohio Ban As Pa. Flags Sports Betting Loophole
The clash between state gaming regulators and federally regulated platforms offering sports wagers continued this week as Kalshi sued Ohio agencies over a directive to shut down its sports event contracts, while Pennsylvania's Gaming Control Board warned Congress that prediction markets broadly "create a backdoor to legalized sports betting."
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October 08, 2025
3rd Circ. Upholds Ruling In Debt Collector's Trade Secrets Suit
A Third Circuit let stand a ruling that work passwords are not trade secrets and that the Computer Fraud and Abuse Act is inapplicable to workplace policy violations in an appeal from a debt collection company suing two former employees.
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October 08, 2025
Heritage Coal's Ch. 11 Plan Ignores Enviro Laws, States Say
Maryland, Pennsylvania and the creditors committee of Heritage Coal have objected to its Chapter 11 liquidation plan, telling a Delaware bankruptcy judge that legal releases should be pared down and the states saying it doesn't address their environmental laws.
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October 08, 2025
3rd Circ. Clarifies Good Conduct Credits For Prison Terms
In a precedential ruling Wednesday, the Third Circuit clarified how good conduct credits for inmates serving time can be applied, finding that the credit of 54 days per year can be prorated to 28 days for the last six months of a man's 17-and-a-half-year sentence.
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October 08, 2025
Judge Won't Lift Ch. 9 Stay In Chester Utility Dispute
A bankruptcy judge ruled Wednesday that the water utility for Chester, Pennsylvania, can't try to alter a five-year-old state court order allowing the bankrupt city to seek bidders for the utility company's assets.
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October 08, 2025
NJ US Atty Appointment Was 'Shell Game,' 3rd Circ. Told
Two New Jersey criminal defendants this week blasted the Trump administration's attempt to name Alina Habba as U.S. attorney for the state after her interim term ended, telling the Third Circuit that the government's plan was a "shell game."
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October 08, 2025
Retirees Can't Show Losses From Pension Deal, Judge Says
An aerospace materials manufacturer shouldn't face a proposed class action alleging it violated federal benefits law when it converted $1.5 billion in pension obligations to risky insurance-backed annuities, a Pennsylvania federal judge recommended Tuesday, saying retirees hadn't demonstrated that the transaction diminished their benefits.
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October 08, 2025
Sanctions Bid In Ohio Derailment Deal Criticized As Premature
The former administrator of Norfolk Southern's $600 million settlement with the residents of East Palestine, Ohio, urged a federal court to reject the plaintiffs' bid to seek sanctions without waiting for an audit, arguing that the change in procedure would potentially double the court's workload and leave the administration firm scrambling to respond.
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October 07, 2025
Fed. Circ. Focuses On Breadth Of UPenn IP In Eligibility Fight
The University of Pennsylvania and Regenxbio Inc. on Tuesday tried to persuade a Federal Circuit panel that their gene therapy patent should be revived, but at least one judge repeatedly said it's too broad.
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October 07, 2025
3rd Circ. Says State Lawmakers Mostly Immune From TCPA
State legislators in certain instances can make robocalls if they want, the Third Circuit has declared after finding that the Telephone Consumer Protection Act's ban on automated and prerecorded texts and calls without consent doesn't apply to them.
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October 07, 2025
Prospect Medical Fights $1M Software Fee Claims In Ch. 11
Prospect Medical Holdings Inc. says the pending Chapter 11 proceedings for its hospitals in California and Connecticut should keep two technology companies from demanding more than $1 million in payment for disputed software and IT contracts, according to Prospect's filings with a Texas bankruptcy court on Monday.
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October 07, 2025
AGs Rip DOJ Bid To Pause Planned Parenthood Funding Suit
The U.S. Department of Justice wants to use the ongoing government shutdown as a "shield" to stop a group of states from seeking an injunction against a halt to Medicaid funding for Planned Parenthood, the states told a Massachusetts federal judge in opposing a possible pause on their lawsuit.
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October 07, 2025
Senate Confirms 2 DOJ Nominees, 16 US Attys
The U.S. Senate voted 51-47 Tuesday, along party lines, to confirm a slew of nominees for the U.S. Department of Justice.
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October 07, 2025
3rd Circ. Won't Rehear J&J Investor Cert. Appeal
The U.S. Court of Appeals for the Third Circuit declined Tuesday to reconsider backing a New Jersey federal judge's class certification order in a Johnson & Johnson investor action alleging the company artificially inflated its stock price by failing to disclose cancer risks.
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October 07, 2025
Siemens Worker Asks 3rd Circ. To Save 401(k) Forfeiture Suit
A Siemens Corp. employee urged the Third Circuit to reopen his lawsuit alleging the company violated federal benefits law by using forfeited retirement funds to cover its own contributions rather than plan expenses, arguing a lower court lost sight of his specific allegations when it tossed the case.
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October 07, 2025
Ex-Kline & Specter Atty, Firm Trade Barbs In Post-Deal Row
A TikTok video and alleged audit noncompliance took center stage Tuesday in the Philadelphia County Court of Common Pleas as Kline & Specter PC and former firm lawyer Tom Bosworth voiced their distrust of each other during a hearing on legal battles that erupted over the deal resolving Bosworth's departure.
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October 07, 2025
Jones Day Grows Investigations Team With K&L Gates Atty
An attorney with nearly 30 years of experience conducting internal investigations for clients on wide-ranging matters has moved his practice to Jones Day's Pittsburgh office after more than 27 years with K&L Gates.
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October 07, 2025
Pa. Justices Wary Of Lifting Corporate Veil To Beat Time Limit
Members of Pennsylvania's Supreme Court seemed skeptical of a bid by asbestos claimants to sue the parent company of a defunct industrial firm, pointing to a two-year time limit for claims against the dissolved subsidiary.
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October 06, 2025
Pa. Hospitals Ink $28.5M Deal In No-Poach Deal Antitrust Fight
Two hospitals will pay a combined total of $28.5 million to approximately 12,000 healthcare workers who alleged the defendants illegally agreed not to poach each other's doctors and nurses, which suppressed wages and job mobility opportunities in the area, according to a preliminary approval motion filed Friday in Pennsylvania federal court.
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October 06, 2025
Iron Hill Brewery Chain Hits Ch. 7 After Closing Restaurants
Restaurant chain Iron Hill Brewery filed for Chapter 7 protection in New Jersey court about 10 days after it abruptly closed all of its locations and told employees it would be pursuing bankruptcy.
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October 06, 2025
Law Profs Say CareDx False Ad Verdict Should Stand
Two law professors have urged the Third Circuit to grant medical testing company CareDx's request for another chance to argue why its $45 million false advertising verdict against a rival should be reinstated, saying a ruling nixing the verdict will disallow juries from using circumstantial evidence and encourage false advertisers to "try their luck."
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October 06, 2025
Pa. Justices Reject Parole Board Record Privilege Argument
The Pennsylvania Supreme Court found Monday that probation and parole records were not privileged under a state record-confidentiality law, saying the state's parole board has no authority to "create an evidentiary privilege."
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October 06, 2025
3rd Circ. Rejects Novo Nordisk's Medicare Pricing Challenge
The Third Circuit on Monday shot down another challenge to the Medicare drug price negotiation program, denying claims by pharmaceutical giant Novo Nordisk that Congress illegally delegated too much authority to the executive branch.
Expert Analysis
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Series
Law School's Missed Lessons: Adapting To The Age Of AI
Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.
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Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning
A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.
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Demystifying The Civil Procedure Rules Amendment Process
Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.
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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.
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Class Actions At The Circuit Courts: September Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses seven decisions pertaining to attorney fees in class action settlements, the predominance requirement in automobile insurance cases, how the no mootness exception applies if the named plaintiff is potentially subject to a strong individual defense, and more.
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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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.