Pennsylvania

  • February 28, 2024

    AdaptHealth, Ex-CEO Cut $51M Deal To End Investor Fight

    AdaptHealth and its former CEO have agreed to pay $51 million to resolve a shareholder suit alleging the medical equipment company misled investors by retroactively inflating growth numbers ahead of a merger with special acquisition firm DFB Healthcare Acquisitions Corp., according to court documents filed in Pennsylvania federal court Tuesday.

  • February 28, 2024

    3rd Circ. Won't Rehear Pfizer Shareholder Suit Coverage Row

    Pfizer won't get a second shot at arguing its insurer should indemnify it in a settlement stemming from a 2003 shareholder class action, with the Third Circuit on Wednesday declining the pharmaceutical company's request for an en banc rehearing.

  • February 27, 2024

    'Delay' Adds $2.3M To Monsanto's $175M Roundup Judgment

    A Philadelphia judge on Tuesday added approximately $2.3 million in delay damages — a form of prejudgment interest — to a $175 million verdict against Bayer AG unit Monsanto in the case of a man who said using the weed killer Roundup caused him to develop cancer, also rejecting the company's request for a new trial.

  • February 27, 2024

    Firing Over Vax Refusal Was No 'Holy War,' Pa. Judge Rules

    A software developer who was fired under his company's COVID-19 vaccination policy can't claim religious discrimination because he hadn't shown that his vaccine refusal was tied to a larger system of religious belief, a Pennsylvania federal judge ruled Tuesday.

  • February 27, 2024

    Philly Gun Shop Ban Doesn't Flout 2nd Amendment

    Philadelphia's zoning code barring gun shops close to residential neighborhoods didn't violate a shooting range's Second Amendment rights, because the location of a shop isn't part of the fundamental rights covered by the amendment, a Pennsylvania appellate court ruled Tuesday.

  • February 27, 2024

    No Arbitration In Pa. Law Firm's Suit Against Web Developer

    The Pennsylvania Superior Court has ruled that a website design company's request for arbitration was properly denied in a law firm's breach of contract suit against it, reasoning that the company waived the right to arbitration by continuing to litigate the case.

  • February 27, 2024

    3rd Circ. Won't Reconsider Coverage Ruling For Deli Stabbing

    The Third Circuit declined to review its decision that an insurer for a Philadelphia deli does not owe coverage for a $900,000 settlement reached with a man stabbed on the premises.

  • February 27, 2024

    Biden's Labor Secretary Nom Clears Senate Committee Again

    Julie Su, President Joe Biden's long-running nominee for labor secretary who has been temporarily serving in the role for the past year, made it through a Senate committee Tuesday, though her fate in the full chamber is uncertain.

  • February 26, 2024

    3rd Circ. Backs Amtrak's Win In Fired Black Worker's Bias Suit

    The Third Circuit declined Monday to revive a Black former Amtrak inspector's racial discrimination suit claiming he was fired out of prejudice, ruling he didn't show bias informed the company's decision to sack him for taking hundreds of dollars in gifts from a contractor.

  • February 26, 2024

    Railcar Cos. Want Out Of Pa. Schools' Derailment Suit

    A trio of railcar companies told a federal court that a group of Pennsylvania school districts can't rope them into litigation over the Norfolk Southern derailment in East Palestine, Ohio, arguing in briefs Friday that the schools didn't sufficiently link them to the harm allegedly suffered from the derailment and chemical spill.

  • February 26, 2024

    Black Truck Drivers Can't Revive Race Bias Suit At 3rd Circ.

    Two Black truck drivers for a supermarket chain couldn't beat "voluminous evidence" that they were fired for threatening a co-worker who one called a "rat" or a "snitch," the Third Circuit ruled, refusing to revive their suit blaming race bias for their termination.

  • February 26, 2024

    Conn. Homeowners Say Toll Bros. Botched Senior Community

    A planned community hit construction firm Toll Brothers with a breach of contract suit in Connecticut state court, alleging 67 townhomes, six apartment buildings and a clubhouse were built or improved with dozens of major defects the builder failed to fix.

  • February 26, 2024

    Ashurst, Davis Polk-Led Alcoa To Buy Alumina In $2.2B Deal

    Ashurst LLP and Davis Polk & Wardwell LLP are guiding Pittsburgh-based Alcoa on a preliminary agreement to buy Australia's Alumina Ltd. at an implied equity value of about $2.2 billion, in a deal confirmed by Alumina on Monday.

  • February 26, 2024

    Justices Pass On Venue Fight In Erie Indemnity Fees Suit

    The U.S. Supreme Court on Monday declined to review the Third Circuit's refusal to transfer a case challenging Erie Indemnity Co. management fees from state court back to federal court, preserving the lower court's precedential ruling that the matter does not qualify as a class action under the Class Action Fairness Act.

  • February 23, 2024

    BofA Seeks Win In Pa. Vehicle Repossession Class Action

    Bank of America NA has asked a Pennsylvania federal judge to grant it a win in a suit alleging it sent inadequate notice letters to people whose cars it repossessed, arguing that because the car owners admit the notices did not affect their ability to redeem their vehicles, there is no genuine issue in the case.

  • February 23, 2024

    Industrial Supplier Inks $350M Deal To Buy Wesco Unit

    Electrical distribution services company Wesco International has agreed to sell its North American and European industrial maintenance, repair and integrated supply business Wesco Integrated Supply to Vallen Distribution for $350 million in an attempt to reduce debt and repurchase shares, the companies announced Friday.

  • February 23, 2024

    'Empire' Star Owes Income Tax After Threatening DOJ Atty

    "Empire" actor Terrence Howard owes more than $900,000 in federal income taxes under a default judgment by a Pennsylvania federal judge that follows a monthslong search by the government to notify the actor of the suit, during which he threatened a government attorney.

  • February 23, 2024

    US Trustee Objects To Rite Aid Disclosure Statement

    The U.S. Trustee's Office has flagged what it called "objectionable" proposals from Rite Aid to hold post-confirmation votes on some Chapter 11 plan releases, as well as shortening senior secured voting and preemptively deeming unsecured creditors as detractors.

  • February 23, 2024

    US Gun Cos. Seek Time For Justices' Input On Mexico's Suit

    Gunmakers facing a recently revived lawsuit looking to hold them liable for firearms trafficking and cartel violence in Mexico on Friday asked a Boston federal judge to stand down and halt proceedings so the U.S. Supreme Court can have a chance to review the case.

  • February 23, 2024

    Pa. Dentist Hit With $11M Verdict In Cancer Patient's Suit

    A Pennsylvania jury has awarded an $11 million verdict to a woman who claimed her dentist failed to promptly send her for a biopsy of a sore in her mouth that eventually developed into Stage IV cancer, her attorneys announced Friday.

  • February 23, 2024

    Ex-Metals Co. Exec Says He Was Denied Promised Bonuses

    A former vice president for finance and administration at a Pennsylvania metals company told a state court that he was promised yearly performance-based bonuses of about $20,000, but was thwarted by the company's lack of goals and its claim that it wasn't performing well enough even as other employees got bonuses.

  • February 23, 2024

    Workers Snag Partial Win On Tip Notice Dispute With Denny's

    It is unclear whether 10 members of a collective in a suit against diner chain Denny's received a tip credit notice, a Pennsylvania federal judge ruled, nevertheless granting an early win to the other workers claiming defective tip credit notices.

  • February 22, 2024

    Ex-Capital One Analyst Faces 2 Years For Insider Trading

    A former Capital One data analyst was sentenced to two years in prison after pleading guilty to his role in a complex $3.1 million scheme to use his employer's credit card transaction data to guess revenue numbers public companies were poised to announce.

  • February 22, 2024

    IP Forecast: Samsung Eyes Ex-Attys' Litigation Funder Chats

    Samsung plans to ask a Texas court to force a patent litigation business to disclose communications with litigation funders ahead of a trial next month over whether the tech giant's former in-house counsel stole trade secrets. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

  • February 22, 2024

    Survey Website Must Clearly Say It's Selling Customers' Info

    The Pennsylvania Attorney General's Office on Thursday announced a settlement with a Colorado company that was allegedly selling the information of visitors to its website to telemarketers without disclosing what it was doing.

Expert Analysis

  • Why Standing Analysis Is Key In Data Breach Mediation

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    Amid a growing wave of data breach class action litigation, recent legal developments show shifting criteria for Article III standing based on an increased risk of future identity theft, meaning parties must integrate assessments of standing into mediation discussions to substantiate their settlement demands in data breach class actions, says Abe Melamed at Signature Resolution.

  • Opinion

    Judicial Independence Needs Defense Amid Political Threats

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    Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.

  • How Life Sciences Cos. Can Prevent Securities Class Actions

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    Though the overall volume of securities fraud class actions has dipped in the last couple of years, life sciences companies remain a particularly popular target for these filings and should employ best practices to minimize risk, say Joni Jacobsen and Angela Liu at Dechert.

  • How Law Firms Can Use Account-Based Marketing Strategies

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    Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.

  • Navigating Over-The-Counter Product Ads After FTC Warning

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    Attorneys at Hunton examine advertising substantiation requirements under both the Federal Trade Commission Act and Lanham Act, following recent FTC letters informing hundreds of companies that over-the-counter product marketing claims must be corroborated by scientific evidence.

  • AGs' Distaste For Food Bill May Signal Other State Issues

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    States' recent opposition to a proposed federal law that would block them from regulating out-of-state agricultural production could affect issues beyond this narrow debate, such as the balance of state and federal regulatory power, reproductive rights post-Dobbs, and energy production and water use, say Christopher Allen and Stephen Cobb at Cozen O'Connor.

  • Strategic Succession Planning At Law Firms Is Crucial

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    Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.

  • Autonomous Vehicles Must Navigate Patchwork Of State Regs

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    With only modest action by the federal government on the autonomous vehicle regulatory front in 2023, states and localities remain the predominant source of new regulations affecting AVs — but the result is a mix of rules that both help and hinder AV development and adoption, say attorneys at Faegre Drinker.

  • Maximizing Law Firm Profitability In Uncertain Times

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    As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.

  • Federal Policies Keeping Autonomous Vehicles In Slow Lane

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    In the first installment of this two-part article, attorneys at Faegre Drinker examine recent federal regulations and programs related to autonomous vehicles — and how the federal government's failure to implement a more comprehensive AV regulatory scheme may be slowing the progress of the industry.

  • FLSA Ruling Highlights Time Compensability Under State Law

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    While the Third Circuit's August decision in Tyger v. Precision Drilling endorsed the prevailing standard among federal courts regarding time compensability under the Fair Labor Standards Act, it also serves as a reminder that state laws will often find a broader range of activities to be compensable, say Ryan Warden and Craig Long at White and Williams.

  • 5th Circ. Ruling Reminds Attys That CBP Can Search Devices

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    The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.

  • Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees

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    The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • Appellate Rulings Highlight Telecom Standard Uncertainties

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    Two recent contrasting appellate opinions in Cellco v. White Deer Township and NMSurf v. Webber — interpreting Sections 332 and 253 of the Communications Act, respectively — demonstrate the continuing uncertainty carriers face when challenging state and local requirements that may impede their provision of telecommunications services, say attorneys at Davis Wright.

  • And Now A Word From The Panel: A One-State MDL?

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    As the Judicial Panel on Multidistrict Litigation prepares for its September hearing session where it will consider a petition in which the two constituent actions are both pending in Pennsylvania, but in different districts, Alan Rothman at Sidley points out that the presence of actions in a single state does not preclude the filing of an MDL petition.

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