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Pennsylvania
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June 16, 2025
Justices Turn Away Merck's Bone Drug Warning Label Row
The U.S. Supreme Court on Monday rejected Merck Sharp & Dohme Corp.'s request to review a Third Circuit decision that more than 1,000 failure-to-warn claims over its osteoporosis drug Fosamax can continue despite the company's assertion that the litigation is barred by federal law.
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June 16, 2025
Justices Take Up NJ Anti-Abortion Group's Subpoena Fight
The U.S. Supreme Court on Monday agreed to review the Third Circuit's dismissal of an anti-abortion pregnancy center's federal lawsuit challenging a subpoena from the New Jersey attorney general demanding information about its donors.
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June 16, 2025
High Court Skips NexStep's Patent Fight With Comcast
The U.S. Supreme Court on Monday rejected NexStep Inc.'s bid to revive its patent suit against Comcast in a case that had implicated patent law's doctrine of equivalents.
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June 13, 2025
Trump Clears US Steel Merger With Japan's Nippon
President Donald Trump has approved the long-delayed deal between U.S. Steel and Japan's Nippon Steel, the companies said Friday, following a protracted, 18-month saga that included a block of the transaction by President Joe Biden.
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June 13, 2025
Real Estate Recap: Builders' Hack, Korean Mezz, Hotel Angst
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including an inside look at California's Builder's Remedy, aggressive moves by South Korean mezzanine lenders, and why one BigLaw hospitality leader says hotels are "scared to death."
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June 13, 2025
Enviro Orgs. Challenge Trump's Mercury Rule Pass For Coal Plants
As the Trump administration moves to undo recently tightened mercury emissions rules for coal-fired power plants, environmental groups have challenged President Donald Trump's decision to exempt dozens of plants from the stricter standards.
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June 13, 2025
Pa. Home Care Agency Owner Gets Prison, $235K Restitution
The New York-based owner of a Berks County, Pennsylvania, home care agency has been sentenced to spend a month in jail and repay $235,778 in fraudulently billed Medicaid claims, the Pennsylvania Attorney General's Office announced Friday.
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June 13, 2025
Pa. Court Faults Agency For Rebuffing Late Child-Death Filing
Pennsylvania's labor regulator should have at least considered accepting a business's late submission of a response to accusations of child labor stemming from a fatal accident with a wood chipper, a state appellate panel ruled Friday in an opinion that clarified when to make exceptions to agency filing deadlines.
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June 13, 2025
3rd Circ. Won't Rehear Bid To Toss Boy Scouts' Ch. 11 Plan
The Third Circuit declined to hold a panel or full court rehearing of its May decision to uphold the Boy Scouts of America's Chapter 11 bankruptcy plan in a pair of Friday orders rejecting petitions by two sets of abuse survivors, with the orders implying some judges on the court had supported taking another look.
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June 13, 2025
Co. Must Pay Travelers $4.5M For Construction Bond Default
A signage company accused of failing to perform agreed upon work at a New York redevelopment project must reimburse Travelers over $4.5 million for settling a contractor's claims made against a performance bond, a Pennsylvania federal court ruled.
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June 13, 2025
IRS, Law Firm Settle $790K Worker Credit Refund Suit
The Internal Revenue Service settled a lawsuit seeking more than $790,000 in pandemic-era worker tax credits by a law firm that had claimed the agency was delaying paying out, according to a dismissal order Friday by a Pennsylvania federal court.
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June 12, 2025
3rd Circ. Will Reconsider Shipbuilder's Ch. 11 Reopening Bid
The Third Circuit said Thursday that it will reconsider whether to reopen Congoleum Corp.'s 2003 Chapter 11 bankruptcy so the bankruptcy court, not a district court, can say whether Congoleum affiliate Bath Iron Works should share liability for cleaning up a polluted New Jersey river.
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June 12, 2025
Admin Of $600M Norfolk Southern Derailment Deal Removed
The company administrating the payouts to plaintiffs in Norfolk Southern's $600 million settlement stemming from the fiery derailment in East Palestine, Ohio, has been replaced, because it purportedly made miscalculations that overpaid some claimants.
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June 12, 2025
Deal Ends Freedom Mortgage's Appeal Of $23M Verdict
Freedom Mortgage and a Virginia mortgage subservicer have reached a deal to resolve the mortgage company's appeal of a $23 million verdict over a subservicing agreement gone wrong, according to a Thursday filing in the Third Circuit.
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June 12, 2025
Philly Suburb Retirees Sue Ch. 9 Receiver Over Asset Sale
A committee of retired city employees sued the Chapter 9 receiver overseeing the city of Chester, Pennsylvania's municipal bankruptcy, arguing that by requiring water system assets be sold to a publicly owned entity, the receiver is forgoing private bids that could generate an extra $270 million for the city's creditors.
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June 12, 2025
Lewis Brisbois Lands 5-Atty Dickie McCamey Team In Pa.
Lewis Brisbois Bisgaard & Smith LLP strengthened its resources for energy, oil and gas clients with the recent addition to its Pittsburgh office of a five-attorney team who moved from Dickie McCamey & Chilcote PC.
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June 12, 2025
Pa. Panel Says Borough Didn't Break Law In Condemning Mall
A Pennsylvania appellate panel affirmed a decision backing the borough of West Mifflin's condemnation of a local mall, rejecting the property owner's argument that its due process rights were violated.
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June 11, 2025
11th Circ. Won't Void $2.2M Order Against Par Funding Adviser
The Eleventh Circuit has affirmed a district court's ruling ordering a South Florida financial adviser accused of funneling investors into the $500 million Par Funding fraud scheme to pay nearly $2.2 million to the U.S. Securites and Exchange Commission, saying that the "ample evidence" of his violations shows his liability and warrants the fine.
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June 11, 2025
AGs Press Meta To Do More To Stop Pump-And-Dump Scams
Attorneys general from states and territories around the country, as well as the District of Columbia, sent an open letter to Meta Platforms Inc. Wednesday urging the social media giant to help stem the tide of widespread investment scams across Facebook and WhatsApp that they said have caused people to lose "life-changing" amounts of money.
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June 11, 2025
3rd Circ. Seems Skeptical Of NJ Town's Car Seizure Process
The Third Circuit seemed open Wednesday to a bid by Honda's leasing arm to have a Garden State town's towing ordinance deemed unconstitutional, with judges appearing doubtful that it adequately provides for due process.
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June 11, 2025
Local News Site Publisher Faces IP Claims Over Celebrity Pics
A New York photographer went to Colorado federal court on Wednesday to accuse an online news company of publishing his photos of celebrities Beyoncé Knowles Carter, Jennifer Lopez and actor Justin Theroux without his permission and without paying him to license the copyrights on those pictures.
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June 11, 2025
Cigna Accused Of Misusing $17M In 401(k) Forfeitures
Retirement plan participants and beneficiaries at Cigna say the company violated the Employee Retirement Income Security Act by using up to $17 million given up by participants who quit early to reduce the company's matching contributions, rather than using it to pay for the plan's administrative costs.
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June 11, 2025
3rd Circ. Sends Dow Pollution Suit Back To NJ State Court
The Third Circuit on Wednesday said New Jersey's lawsuit accusing Dow Chemical Co. of causing widespread groundwater pollution through a product containing a potentially cancer-causing compound should be heard in state court, rejecting the chemical company's argument that it was acting under the direction of the federal government.
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June 11, 2025
Health Network Strikes Deal In Retirement Plan Forfeiture Suit
A Pennsylvania health system has settled a suit claiming it failed to tamp down on unnecessary expenses in its $1.1 billion retirement plan and used forfeited funds to cover its own contributions to the plan instead of using the abandoned cash to reduce fees.
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June 11, 2025
4th Circ. To Hear Arguments In Army Boarding School Row
The Fourth Circuit has set arguments in a dispute between the Winnebago Tribe of Nebraska and the U.S. Army over the return of remains of two of the tribe's children that are buried in the Carlisle Indian Boarding School cemetery in Pennsylvania.
Expert Analysis
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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Cross-Border Lessons In Using Hague Evidence Convention
Recent case law demonstrates that securing evidence located abroad requires a strategic approach, including utilization of the Hague Evidence Convention and preparation to justify your chosen evidence-gathering path, say attorneys at Fish & Richardson.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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Implementation, Constitutional Issues With Birthright Order
President Donald Trump's executive order reinterpreting the 14th Amendment's birthright citizenship clause presents unavoidable administrative problems and raises serious constitutional concerns about the validity of many existing federal laws and regulations, says Eric Schnapper at the University of Washington School of Law.
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What Advisory On Alcohol And Cancer May Mean For Cos.
While the federal government has yet to take concrete steps in response to a January advisory from the outgoing U.S. surgeon general on links between alcohol consumption and cancer, the statement has opened the door to potential regulatory, legislative and litigation challenges for the alcoholic beverage industry, say attorneys at Mayer Brown.
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NCAA Rulings Signal Game Change For Athlete Classification
A Tennessee federal court's recent decision in Pavia v. NCAA adds to a growing call to consider classifying college athletes as employees under federal law, a change that would have unexpected, potentially prohibitive costs for schools, says J.R. Webster Cucovatz at Gilson Daub.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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What Remedies Under New Admin's SEC Could Look Like
The U.S. Securities and Exchange Commission is likely to substantially narrow the remedies it pursues over the next few years, driven by the mounting challenges it faces in court, as well as the views of its incoming chair and fellow Republican commissioners on injunctions, penalties and disgorgement, say attorneys at Milbank.