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Pennsylvania
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May 06, 2024
Unclaimed Property Class Action Against Pa. Treasurer Axed
A Pennsylvania federal judge has tossed a potential class action challenging the constitutionality of the state's unclaimed property law, finding that the state treasurer doesn't have to pay interest on property that was otherwise abandoned.
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May 06, 2024
CFPB Sues Pa. Student Loan Servicer, Trusts For $5M
The Consumer Financial Protection Bureau is seeking $5 million in penalties against a Pennsylvania public corporation that services almost $18 billion in student loans and a group of 15 securitization trusts, accusing them in federal court of ignoring or wrongly denying borrowers who requested relief.
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May 06, 2024
Schools, Towns Reach Deal With Artificial Turf Maker
A class of New Jersey school districts and municipalities has asked a New Jersey federal judge to give preliminary approval to a settlement with FieldTurf USA Inc. to resolve multidistrict litigation over claims its synthetic turf fields are defective.
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May 06, 2024
Judge Questions Reason For Removing Chem Co. Wage Class
A Pennsylvania federal judge joined chemical company workers Monday in questioning whether the company had plausibly alleged that there were enough people in a proposed class to remove their wage suit from state court.
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May 06, 2024
Margolis Edelstein Wants Redo Of Malpractice Ruling In Del.
Margolis Edelstein wants the Delaware Supreme Court to reconsider its decision reviving an insurer's malpractice suit claiming its incompetence caused the insurer to have to settle a case for $1.2 million, and is asking the full court to rehear the matter.
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May 06, 2024
3rd Circ. Won't Revive Ex-Pa. Agency Atty's Firing Suit
The Third Circuit on Monday declined to revive a former Pennsylvania Department of Community and Economic Development attorney's suit alleging his firing violated his 14th Amendment rights, reasoning that the lawyer failed to show how his termination constitutes a deprivation of property.
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May 06, 2024
Nothing Super About GNC 'Super Magnesium' Pills, Suit Says
GNC Holdings was hit with a putative class action filed Friday in Illinois federal court alleging it falsely markets its brand of "Super Magnesium" dietary supplements as containing 400 milligrams of magnesium per serving, despite independent testing that revealed the supplements contain far less than what is advertised.
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May 03, 2024
DuPont, Corteva Want 'Schrödinger's Cat' Class Decertified
DuPont and Corteva Inc. asked a Pennsylvania federal court Friday to undo class certification for former employees who claim they were wrongly denied an "optional retirement" when DuPont de Nemours Inc. and Corteva's parent companies merged and they were spun off, arguing that the two class representatives' claims clash with the rest of the class.
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May 03, 2024
Railways Cos. Dodge Suit Claiming Pension Evasion Scheme
A Pennsylvania federal judge tossed a suit Friday claiming Transtar railways systematically fired workers whose pensions were about to vest in order to dodge payments, stating that the employees' complaint lacks enough detail to prove they were subjected to an illegal scheme.
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May 03, 2024
Amazon Sued For 'Horrific' Burns, Amputation From Foot Bath
A Pennsylvania man is suing Amazon.com Inc., Intertek USA Inc. and a pair of Chinese companies in federal court, saying he suffered "horrific burns" that led to the amputation of one foot after a foot bath he ordered through the online retailer malfunctioned and overheated.
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May 03, 2024
Rue21 Can Use Lender Cash As It Moves To Shut All Stores
A Delaware bankruptcy judge gave an initial nod Friday to teen apparel company rue21's bid to use its lender cash collateral to fund itself as it works to sell off inventory across 540 stores in the U.S. during its Chapter 11 case.
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May 03, 2024
3rd Circ. Clarifies Review Standard For Derivative Suits
In a precedential ruling Friday declining to revive Cognizant Technology investors' derivative claims over a bribery scandal, the full Third Circuit held that the best way to review such cases on appeal was from the beginning, not giving deference to the lower court's decision or considering whether there was an abuse of discretion.
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May 03, 2024
Fintech Co. Says PNC Acknowledged Use Of Logo For Years
Fintech company Plaid Inc. tried to fend off PNC Bank's allegations it tricked customers into handing over confidential account information, telling a Pennsylvania federal judge on Friday that the bank knew its trademarks were being used on Plaid's system.
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May 03, 2024
EU OKs Nippon-US Steel Deal As DOJ Causes Delayed Close
The European Commission on Friday indicated via an annotation on its merger review page that it has given Nippon Steel's controversial $14.9 billion acquisition of U.S. Steel its unconditional approval, a move that comes just a day after the parties announced the deal would be delayed due to further scrutiny from the U.S. Department of Justice.
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May 02, 2024
Endo Judge Hopes Criminal Sentence Warns Opioid Makers
A Michigan federal judge said Thursday she hoped Endo's criminal sentence for falsely advertising a pain medication as "abuse deterrent" would itself be a deterrent for other opioid makers, as she accepted the company's recent $200 million settlement deal with federal prosecutors.
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May 02, 2024
DOJ Wants More Info On Controversial US Steel-Nippon Deal
U.S. Steel revealed Thursday it has received a second request for information from the U.S. Department of Justice about its controversial plan to be sold to Japan's Nippon Steel Corp., but it said the deal is on track to be completed in the second half of this year.
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May 02, 2024
3rd Circ. Shuts Down Pa.'s Challenge To EPA Ozone Plan
The Third Circuit on Thursday upheld the U.S. Environmental Protection Agency's air emissions plan for coal-fired power plants in Pennsylvania, which the state and a company had argued was illegally imposed.
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May 02, 2024
3rd Circ. Reopens Chinese Tech Worker's Promotion Bias Suit
The Third Circuit revived a Chinese software engineer's lawsuit Thursday alleging he was denied a promotion and fired by a tax technology company because he complained about racist comments he faced, ruling a lower court evaluated the worker's claims too narrowly.
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May 02, 2024
Door Maker Asks To Undo Landmark Divestiture Order
Door maker Jeld-Wen has asked a Virginia federal court to dismiss an order in a private merger challenge requiring it to sell a manufacturing plant, saying the landscape has changed since the landmark 2018 ruling.
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May 02, 2024
Eckert Seamans Sues For Inclusive Zoning Fight Fees
Eckert Seamans Cherin & Mellott says a group representing Pittsburgh-area developers still owes nearly $76,000 in legal fees for the firm's work on a federal suit challenging an "inclusive zoning" ordinance, according to a complaint filed in Pennsylvania state court Thursday.
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May 02, 2024
Calif. Hospitals Say BCBS Unit Left Them With $3.8M Bill
A pair of California health systems say that Pittsburgh-based Highmark Blue Cross Blue Shield isn't honoring its obligations to pay them under a national Blue Cross insurance program, leaving their hospitals holding the bag for up to $3.8 million worth of treatment, according to two lawsuits filed in Pennsylvania state court.
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May 02, 2024
Teen Retailer Rue21 Hits Ch. 11 Again With Plans To Sell
Retail fashion company rue21, which made a trip through bankruptcy most recently in 2017, filed for Chapter 11 protection in Delaware court Thursday, disclosing $194.4 million in debt and a plan to sell the business.
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May 01, 2024
Pa. Justices Asked To Determine If Workers' Comp Covers CBD
An attorney representing himself — and, in a way, suing himself — will get an opportunity to convince the Pennsylvania Supreme Court that CBD oil and other nonprescription medicine should be covered by workers' compensation, according to a Tuesday order from the justices.
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May 01, 2024
Judge Mulls New Trial For Uber Drivers' Misclassification Suit
A Pennsylvania federal judge on Wednesday seemed poised to start a second trial to determine whether drivers of Uber's high-end ride-share option are independent contractors or employees after a jury deadlocked on the issue in March.
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May 01, 2024
Pa. Court Upholds University Cop's Firing Over Racist Posts
A Pennsylvania appeals court scrapped the reinstatement Wednesday of a Kutztown University police officer who was fired for sharing racist and offensive posts on his personal Facebook page, ruling that the arbitrator who gave him his job back improperly ignored anti-bias laws.
Expert Analysis
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4 PR Pointers When Your Case Is In The News
Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.
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After Headwinds, 2024 May See Offshore Wind Momentum
Despite skyrocketing raw material costs, conflicting state and federal policies, and other setbacks for the offshore wind sector in 2023, the industry appears poised for growth in the coming year, with improving economics, more flexible procurement procedures and increasing legislative support, say Emily Huggins Jones and Ben Cowan at Locke Lord.
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Law Firm Strategies For Successfully Navigating 2024 Trends
Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
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The Most-Read Legal Industry Law360 Guest Articles Of 2023
A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.
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Inside Higher Education's New FCA Liability Challenges
As the educational sector expands its use of government funding, schools are at increased risk under the False Claims Act, but recent settlements offer valuable lessons about new theories of liability they may face and specific procedures to reduce their exposure, say James Zelenay and Jeremy Ochsenbein at Gibson Dunn.
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Attorneys' Busiest Times Can Be Business Opportunities
Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
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In The World Of Legal Ethics, 10 Trends To Note From 2023
Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
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How Attorneys Can Be More Efficient This Holiday Season
Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
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The 4 Top Philadelphia Commerce Court Opinions Of 2023
Four 2023 rulings from the Philadelphia County Court of Common Pleas — including decisions on judicial privilege, stay requests, sheriff's sales and the appointment of a receiver — highlight the court's commitment to stringent standards and address evolving challenges in commercial litigation, say Jonathan Hugg and Sarah Boutros at Eckert Seamans.
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5 Trends To Watch In Property And Casualty Class Actions
In 2023, class action decisions have altered the landscape for five major types of claims affecting property and casualty insurers — total loss vehicle valuation, labor depreciation, other structural loss estimating theories, total loss vehicle tax and regulatory fees, and New Mexico's uninsured and underinsured motorist coverage sale requirements, say Mark Johnson and Mathew Drocton at BakerHostetler.
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Series
Children's Book Writing Makes Me A Better Lawyer
Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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What 3rd Circ. Gets Wrong About Arbitration Enforcement
The Third Circuit and other courts should correct their current law, exemplified by the Third Circuit's recent decision in Henry v. Wilmington Trust, requiring a motion to dismiss based on an arbitration clause because it conflicts with the Federal Arbitration Act, the Federal Rules of Civil Procedure, and — with regard to the improper-venue approach — U.S. Supreme Court precedent, says David Cinotti at Pashman Stein.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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The Key To Defending Multistate Collective FLSA Claims
Federal circuit courts are split on the reach of a court's jurisdiction over out-of-state employers in Fair Labor Standards Act collective actions, but until the U.S. Supreme Court agrees to review the question, multistate employers should be aware of a potential case-changing defense, say Matthew Disbrow and Michael Dauphinais at Honigman.