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Pennsylvania
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April 19, 2024
Pennsylvania Chocolate Factory Sued Over Fatal Explosion
The estate representing another victim of a 2023 fatal explosion at a Pennsylvania R.M. Palmer chocolate factory has filed suit in state court, claiming the candy company, the gas company and the maker of the plastic gas line all contributed to the catastrophe.
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April 18, 2024
Conoco Tells 3rd Circ. It Can Target Citgo For $8.5B Award
ConocoPhillips urged the Third Circuit to nix Venezuela's challenge to a ruling paving the way for the oil company's participation in an auction for control of the U.S. oil giant Citgo to enforce an $8.5 million debt, arguing that the country can't prove that it's been acting in bad faith.
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April 18, 2024
AT&T, Pittsburgh Settle Dispute Over Cell Site Fees, Delays
The city of Pittsburgh has created a new fee schedule for small wireless communications facilities, which AT&T agreed will resolve the telecom firm's claims that the city effectively prevented its service expansion with its prior fee schedule, according to a joint stipulation filed in Pennsylvania federal court.
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April 18, 2024
Electronics Co. Says Insurer Cut $34.9M In Asbestos Coverage
A Philadelphia electronics company that inherited asbestos liability from a company it acquired told a Pennsylvania federal court that an insurer is wrongfully preventing it from accessing over $34.9 million in coverage to deal with the claims.
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April 18, 2024
3rd Circ. Unclear If 'Session Replay' Web Code Directed At Pa.
A Third Circuit panel seemed torn Thursday over whether websites like those of Papa John's or Mattress Firm "directed conduct" at Pennsylvania when they ran "session replay" software to track users' visits and whether that gave courts in the Keystone State jurisdiction over users' claims that such tracking violated laws against wiretapping.
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April 18, 2024
Retirees Seek $5.4M Counsel Fee In Talen Energy ERISA Suit
Lawyers from three firms representing a class of retirees alleging Talen Energy unlawfully withheld early retirement benefits have asked a Pennsylvania federal judge to designate $5.4 million of the $20 million settlement as attorney fees.
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April 18, 2024
Saladworks Operator Misclassified Asst. Managers, Suit Says
A Pennsylvania-based franchisee of fast-casual salad eatery Saladworks misclassified its assistant managers as overtime-exempt even though they should have earned time-and-a-half wages for overtime hours, a former manager alleged in a proposed collective action filed in federal court Thursday.
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April 18, 2024
3rd Circ. Hesitates To Hear Hunter Biden Appeal In Gun Case
The Third Circuit suggested it may be premature to hear Hunter Biden's appeal of a Delaware federal court's denial of his three motions to dismiss felony firearm charges.
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April 17, 2024
3rd Circ. Won't Reinstate NJ's 'County Line' Ballot
The Third Circuit on Wednesday backed a federal judge's order barring New Jersey's long-standing ballot design in the upcoming Democratic primary, finding that the unique design is discriminatory and severely burdens the rights of non-endorsed candidates.
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April 17, 2024
Liberty Mutual's Spyware Suit Halted Pending 3rd Circ. Appeal
A proposed class action accusing Liberty Mutual of using software to track customers' actions on its website without consent was put on hold Wednesday by a Pennsylvania federal judge pending guidance from the Third Circuit in a similar case.
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April 17, 2024
Port Authority Worker Takes Race Bias Suit To 3rd Circ.
A Black woman who claimed the Port Authority of New York and New Jersey didn't promote her because of her race and complaints about discrimination told the Third Circuit on Wednesday that a lower court ignored facts that should have worked in her favor when it dismissed her lawsuit.
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April 17, 2024
3rd Circ. Erases $10M Judgment In Car Charities' TM Dispute
The Third Circuit on Wednesday erased a $10 million judgment awarded to a charity that sells donated cars for children's education, saying a lower court made a series of errors in concluding that unreasonable delays did not bar claims from Texas-based America Can Cars for Kids in a trademark dispute with a similar charity.
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April 17, 2024
Pennsylvania Hospital Cuts $32.5M Birth Injury Deal Midtrial
Partway through a trial over an infant's brain damage allegedly caused by medical malpractice, a Pennsylvania hospital has agreed to settle the matter for $32.5 million, according to attorneys pursuing the claims on behalf of the child's mother in state court.
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April 17, 2024
Ex-Union Leader Wielded 'Financial Ruin' At Jobsite, Jury Told
Prosecutors told a federal jury Wednesday that ex-Philadelphia labor leader John Dougherty threatened a jobsite manager with "financial ruin" if the man refused to pay his nephew, Gregory Fiocca, despite spotty attendance during the construction of the Live! Casino.
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April 17, 2024
Welch's Rehire Challenge Should Fail, Judge Recommends
Welch Foods should comply with an arbitrator's order to rehire a Teamsters-represented worker fired for making vulgar comments to a female co-worker, a Pennsylvania federal magistrate judge said, recommending that the district judge toss the company's challenge to the order.
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April 16, 2024
Arms-Maker Gets 70 Years For Torture Under Rarely Used Law
A Pennsylvania man who owned an Iraqi weapons factory has been sentenced to 70 years in prison after being found guilty of abducting and torturing an employee who threatened to expose an illegal weapons manufacturing scheme, making him the second person convicted under a little-used federal statute.
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April 16, 2024
Absent Proof Of Direct Effect, Pa. Sen. Loses Wastewater Row
A Pennsylvania state senator lacks individual standing to stop the state Department of Environmental Protection from allowing wastewater discharges into a tributary of the Susquehanna River because she hasn't given enough evidence that potential pollution would directly affect her, a state appeals court ruled Tuesday.
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April 16, 2024
Buttigieg, State AGs To Probe Consumer Airline Complaints
Transportation Secretary Pete Buttigieg on Tuesday announced a new partnership with Colorado and over a dozen other states to investigate consumer complaints about air travel, vowing to hold airlines and ticket agents accountable for excessive flight cancellations and unfair business practices.
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April 16, 2024
3rd Circ. Cuts Claims In Geico Vehicle Value-Adjustment Suit
A New Jersey couple can't bring class-action claims against Geico over it allegedly knocking too much off the payout value on totaled cars, since the company ultimately adjusted their personal claim settlement offer upward, a Third Circuit panel has ruled.
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April 16, 2024
Zuckerberg Dodges Liability In Meta Addiction MDL, For Now
A California federal judge has tossed certain fraud-by-omission claims seeking to hold Meta Platforms CEO Mark Zuckerberg personally liable in sprawling multidistrict litigation over social media platforms' allegedly addictive design, but she allowed the plaintiffs to amend their allegations to assert a new theory of corporate officer liability against Zuckerberg.
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April 16, 2024
Meet The Atty For An Ex-Union Leader Facing His 3rd Trial
The only thing standing between ex-Philly union leader John Dougherty and a third conviction is attorney Greg Pagano, and he feels confident going into the next trial that things will be different.
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April 16, 2024
Sikorsky Calls Chopper Crash Suit 'Beyond' US Court's Power
Sikorsky Aircraft Corp. is pushing a Pennsylvania federal judge to toss liability claims brought by the families of six Canadian military personnel who died in one of its helicopters, arguing that the witnesses and evidence for the case are in Canada, "beyond the compulsory process of this court."
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April 15, 2024
SeaWorld's Sesame Park Visitors Can't Get Cert. In Bias Fight
A Pennsylvania federal judge refused Monday to certify a class of Hispanic and Black customers who allege performers at the SeaWorld Parks & Entertainment Inc.-owned theme park Sesame Place discriminated against and ignored minority children, finding that the proposed 130 children class size is based on inadmissible speculation.
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April 15, 2024
NJ Appeals Court Tosses Suit Over Painful Dental Implants
A New Jersey appeals court on Monday tossed a suit accusing an oral surgeon of botching a woman's dental implant surgery, saying that because the treatment took place in Pennsylvania and the surgeon's clinic had few contacts with New Jersey, the Garden State doesn't have jurisdiction.
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April 15, 2024
4th Circ. Won't Let Borrower Pin Feds' Flub On Pa. Agency
The Fourth Circuit refused Monday to revive a lawsuit brought by a borrower alleging that a state student-loan-servicing agency's misrepresentations thwarted a loan forgiveness opportunity, with a panel reasoning that the organization was immune from the lawsuit.
Expert Analysis
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1869 Case May Pave Off-Ramp For Justices In Trump DQ Fight
In deciding whether former President Donald Trump is disqualified from Colorado's Republican primary ballots, the U.S. Supreme Court could rely on due process principles articulated in a Reconstruction-era case to avert a chaotic or undemocratic outcome, says Gordon Renneisen at Cornerstone Law Group.
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Directors And Officers Face Unique AI-Related Risks
As privacy, intellectual property and discrimination lawsuits focusing on artificial intelligence increase, corporate directors and officers must stay aware of associated risks, including those related to compliance, litigation and cybersecurity, says Jonathan Meer at Wilson Elser.
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Series
Playing Competitive Tennis Makes Me A Better Lawyer
My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.
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The Questions Around Prometheum's SEC-Compliant Strategy
While the rest of the crypto industry has been engaged in a long-running battle to escape the U.S. Securities and Exchange Commission's jurisdiction, a once-obscure startup called Prometheum has instead embraced the SEC's view to become the first crypto special-purpose broker-dealer, but it's unclear whether it can turn its favored status into a workable business, says Keith Blackman at Bracewell.
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Series
The Pop Culture Docket: Judge Djerassi On Super Bowl 52
Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.
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Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
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And Now A Word From The Panel: A Strong Year For MDLs
While the Judicial Panel on Multidistrict Litigation granted even fewer MDL petitions last year than in 2022, hitting a 21st-century low, a closer look at the record-setting number of total actions encompassed within current proceedings reveals that MDL practice is still quite robust, says Alan Rothman at Sidley.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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3 Areas Of Focus In Congressional Crosshairs This Year
Companies must prepare for Congress to build on its 2023 oversight priorities this year, continuing its vigorous inquiries into Chinese company-related investments, workplace safety and labor relations issues, and generative artificial intelligence, say attorneys at Morgan Lewis.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
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7 E-Discovery Predictions For 2024 And Beyond
The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.