Pennsylvania

  • August 11, 2020

    Pa. Panel Won't Revive J&J Mesh Patient's Injury Claims

    A Pennsylvania appeals court on Tuesday rejected arguments that improperly admitted testimony from a woman's treating physician led a jury to erroneously clear a Johnson & Johnson unit in a lawsuit over alleged injuries from a pelvic mesh implant.

  • August 11, 2020

    3rd Circ. Won't Revive Fired Amtrak Foreman's Race Bias Suit

    The Third Circuit upheld Amtrak's win in a suit filed by a Black former track foreman who said the railroad punished him more harshly than a white colleague for their roles in a crash that killed two workers, finding that his missteps contributed to the fatal derailment.

  • August 11, 2020

    Drugmakers Say Resellers Trying To Duck Bellwether Status

    A class of indirect resellers accusing a group of generic-drug makers of a price-fixing conspiracy don't want their cases to proceed to trial first in multidistrict litigation, the drugmakers told a Pennsylvania federal court in a Monday filing.

  • August 11, 2020

    Verizon Slaps Suit On Pa. Locality For Rejecting Tower Plan

    Verizon and a wireless tower builder have sued a Pennsylvania municipality in federal court for rejecting their plan to build a cellular site, claiming the locality banked on advice from an outside firm with unproven engineering expertise when blocking the project.

  • August 11, 2020

    Coronavirus Regulations: A State-By-State Week In Review

    Financial relief from public and private sources poured in over the past week for multiple populations impacted by the COVID-19 pandemic, including Delaware and New Jersey renters, Garden State landlords and small businesses, and California small businesses.

  • August 11, 2020

    Supplier Wants Claim Axed From EQT's $18M Faulty Valve Suit

    A drilling industry supplier urged a Pennsylvania federal judge Monday to throw out what it said were duplicative claims over alleged breaches of contract and warranty in an $18 million suit over purportedly faulty gas well valves sold to EQT Corp.

  • August 10, 2020

    Lawyer Says Thalidomide Client's Claims Are Years Late

    A Waters Kraus & Paul LLP attorney called on a Pennsylvania federal court Monday to toss her onetime client's allegations that the lawyer misled her about when a suit over the purported link between the drug thalidomide and birth defects would be resolved, saying the woman filed her claims too late.

  • August 10, 2020

    Urban Outfitters Takes Aim At Fashion Co.'s 'Cynical' IP Suit

    Urban Outfitters Inc. has urged a Pennsylvania federal judge to toss a lawsuit by fashion rental company Le Tote Inc., blasting the legal action as a "cynical" effort to deflect attention from business woes that led Le Tote to file for bankruptcy protections earlier this month.

  • August 10, 2020

    Pa. Judge Bans Atty Exposed To Virus For Coming To Court

    A Pennsylvania judge chastised a local attorney who was exposed to COVID-19 for using the pandemic as a tactical weapon and banned her from entering county courthouse facilities after she ignored the court's directive and showed up for a hearing in person even though her son had the virus.

  • August 10, 2020

    Tech Giants, AGs Say Trump's Visa Bans Hurt US Economy

    Dozens of states and technology giants, including Apple Inc. and Microsoft Corp., have backed lawsuits challenging President Donald Trump's recent visa suspensions, arguing the president's orders will hinder the U.S.' economic recovery.

  • August 10, 2020

    Philly Restaurant Fights Insurer's Bid To Ax COVID-19 Suit

    A Philadelphia bar and music venue is firing back against its insurer's bid to throw out a suit seeking coverage for losses resulting from government orders to shut down business over COVID-19, saying findings in the Pennsylvania courts and the Third Circuit support a finding that a virus can cause a "physical loss" to property.

  • August 07, 2020

    Fintech-Driven SPAC Leads 2 IPOs Tapping Market For $1.27B

    FTAC Olympus Acquisition, the fourth blank-check company formed by management of financial services business The Bancorp, led a pair of blank-check companies that set terms Friday for initial public offerings aiming to raise a combined $1.27 billion, according to regulatory filings.

  • August 07, 2020

    JPMorgan Fights Class Cert. Bid In Interest Rate Swaps Suit

    JPMorgan Chase & Co. in a letter Friday pointed to two recent decisions in New York federal court and the Third Circuit that it says support the rejection of a class certification bid in an antitrust suit over interest rate swaps trading.

  • August 07, 2020

    COVID-19 IP Catch-Up: Remdesivir Drama & Jury Trial Regret

    In this round of intellectual property updates tied to the ongoing pandemic, attorneys general put pressure on the federal government to make COVID-19 drugs more accessible, patent trials in Texas remain in the air, and one attorney expresses guilt for proceeding with an in-person jury trial.

  • August 07, 2020

    League Of Women Voters, NAACP File Suits Over Pa. Voting

    The NAACP and the League of Women Voters filed separate state and federal suits in Pennsylvania on Friday challenging the Keystone State to improve how it will conduct the November election in light of the COVID-19 pandemic.

  • August 07, 2020

    Pa. High Court Won't Waive Bar Exam Requirement Over Virus

    Pennsylvania's chief justice said Friday that despite the threat posed by the coronavirus pandemic, the state would not sign off on a plan to allow this year's crop of law school graduates to begin practicing without taking the bar exam.

  • August 07, 2020

    Ex-Pa. Biofuel Exec Gets 7 Years After Fraud Conviction

    A disgraced former Pennsylvania biofuel executive was sentenced to seven years in federal prison Thursday after being convicted on charges that he used his company to bilk the government out of tens of millions of dollars' worth of industry subsidies.

  • August 07, 2020

    Philly Atty Sues Insurer Over Malpractice Coverage Failure

    A Pennsylvania law firm has filed suit against Admiral Insurance Co. and Sherman Wells Sylvester & Stamelman LLP in state court alleging they failed to defend it in a legal malpractice suit, while accusing Sherman Wells of negligence and malpractice for "abandoning" it as a client.

  • August 07, 2020

    Hotel Asks To Keep Deposit After Buyer Backs Out Over Virus

    The owners of a Pittsburgh boutique hotel and event venue want to keep a prospective buyer's deposit after the buyer walked away from the sale because of the COVID-19 pandemic, according to a lawsuit filed in Pennsylvania state court.

  • August 06, 2020

    4 Firms Guide $140M Fintech Merger With Blank Check Co.

    Financial technology group BankMobile Technologies said Thursday it was going public through a merger with special purpose acquisition company Megalith Financial Acquisition Corp. in a deal that values the combined business at $140 million and that was guided by four law firms: Nelson Mullins, Stradley Ronon, Duane Morris and Ellenoff Grossman.

  • August 06, 2020

    Engineering Co. Says It's Owed $35M For Risberg Pipeline

    An engineering and consulting company accused RH Energytrans, the company behind the 28-mile Risberg natural gas pipeline, of failing to pay $35 million for a construction contract and additional work, according to a lawsuit filed Wednesday in Pennsylvania federal court.

  • August 06, 2020

    Canada Clears WESCO's $4.5B Anixter Deal With Conditions

    WESCO International Inc. cut a deal with Canada's competition enforcer Thursday to unload a pair of businesses in order to address concerns raised by the company's $4.5 billion purchase of Anixter International Inc.

  • August 06, 2020

    New Anti-Bias Rule For Pa. Attys Hit With Legal Challenge

    A Philadelphia attorney launched a federal lawsuit Thursday alleging that a recently adopted ethics rule barring expressions of bias or prejudice by members of the Pennsylvania bar runs afoul of First Amendment free speech protections.

  • August 06, 2020

    Litigation Funder Seeks Sanctions In 'Gears Of War' Fee Row

    A litigation funder urged a Pennsylvania federal judge to sanction a solo practitioner and an attorney with Haines & Associates PC for continuing to claim fees for work on an unsuccessful bid to win compensation for an ex-NFL player who said his voice and likeness were used without his permission in the "Gears of War" video game.

  • August 06, 2020

    COVID-19 Closure Orders Not 'Physical Loss,' DC Judge Rules

    A District of Columbia judge on Thursday shot down a bid by a group of restaurants in the area to get coverage for business interruptions during the COVID-19 pandemic, ruling that government shutdown orders don't constitute a "direct physical loss" that triggers the policy.

Expert Analysis

  • Lesser-Known Litigation Funding Best Practices For Attorneys

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    Following the American Bar Association's recent publication of third-party litigation funding guidance, Jiamie Chen and Dai Wai Chin Feman at Parabellum Capital outline some additional considerations, including the ethical limitations on single-case funding and the futility of economic prenegotiations between attorneys and their clients.

  • Opinion

    ADA Protects Lawyers With Disabilities, But We Must Do More

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    As an attorney with cerebral palsy, Danielle Liebl at Reed Smith says that while the 30-year-old Americans with Disabilities Act has protected her against discrimination, the legal industry must do more to accommodate lawyers with disabilities and make them more comfortable in self-identifying.

  • Perspectives

    Legal Deserts Threaten Justice In Rural America

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    Many small towns and rural counties have few lawyers or none at all, which threatens the notion of justice for all Americans and demands creative solutions from legislators, bar associations and law schools, says Patricia Refo, president of the American Bar Association.

  • Neb. Ruling May Squash Consent By Registration Theory

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    In Lanham v. BNSF, the Nebraska Supreme Court's first-of-its-kind decision — which rejected on constitutional grounds the argument that corporations consent to jurisdiction where they register to do business — opens up a new line of precedent that defense counsel may use to shut the door on this long-debated theory, say attorneys at Gibson Dunn.

  • Foreign Discovery Ruling May Provide New Defense Tool

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    Motransa, a recent first-of-its-kind Florida federal court decision moving a foreign discovery proceeding to arbitration, may provide a new defensive option for U.S. targets of Section 1782 discovery demands, say Alexander Lawrence and David Hambrick at MoFo.

  • Rebuttal

    Most Courts Follow 1st Circ. Generic-Delay Ruling's Standard

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    Contrary to a recent Law360 guest article arguing that most courts have criticized or rejected the First Circuit's reversal of class certification in the 2018 Asacol pay-for-delay cases, most courts have in fact followed it, recognizing that precedent requires serious scrutiny of plaintiffs' proposed proof, say attorneys at White & Case.

  • Analyzing Upward And Downward Trends In Legal Tech

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    Advances in legal technology are often accompanied by bombastic overstatements, but it is important to separate the wheat from the chaff by looking at where various technologies stand on the hype curve, says Lance Eliot at Stanford Law School.

  • Special Masters Can Ease COVID-19 Criminal Case Backlog

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    As courts resume criminal jury trials amid the pandemic, there are several ways special masters can assist overtaxed federal judges in efficiently and expeditiously navigating pretrial issues, say former Third Circuit Judge Thomas Vanaskie and Geoffrey Johnson at Stevens & Lee.

  • How Congress May Bail Out FERC On Tolling Orders

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    The D.C. Circuit's recent ruling in Allegheny Defense Project v. Federal Energy Regulatory Commission deals a major blow to FERC's use of tolling orders to forestall judicial rehearings, but Congress may soon come to the agency's aid, say Sandra Rizzo and David Skillman at Arnold & Porter.

  • Opinion

    ABA's New Guidance On Litigation Funding Misses The Mark

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    The American Bar Association should revise its recently approved best practices on third-party litigation funding as they do not reflect how legal finance actually works and could create confusion among lawyers, says Andrew Cohen at Burford Capital.

  • What Firms Should Ask Before Hiring Attorneys From Gov't

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    In the final year of any presidential administration, there is an undeniable appetite on the part of large law firms for government-savvy legal talent, but firms need to first consider how they will actually utilize their new star hire, says Michael Ellenhorn at Decipher.

  • The Ethics Of Using Chatbots For Legal Services

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    Delegating legal work to robots involves several risks, including running afoul of statutes dictating unauthorized practice of law, but with the right precautions, law firms can lawfully employ artificially intelligent chatbots that can imitate human conversations, say attorneys at Haynes and Boone.

  • Key Tax Considerations For Cos. With Remote Employees

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    As remote work continues due to COVID-19, businesses navigating complex tax jurisdiction questions should diligently maintain employee location records for nexus and apportionment purposes, and make sure to account for differing state withholding and sourcing rules, say attorneys at Ropes & Gray.

  • Avoiding Workplace Violence When Customers Refuse Masks

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    Terri Solomon and Elizabeth Barrera at Littler address how businesses can avert violent situations when patrons refuse state and local face mask mandates by using signage, incident response plans and law enforcement assistance to meet federal workplace safety requirements.

  • Market Rebound May Curb Securities Class Actions, Damages

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    The stock market's dramatic recovery from its pandemic-prompted plunge may provide securities class action defendants an opportunity to rely on the Private Securities Litigation Reform Act’s rarely invoked bounce-back provision to ward off stock-drop claims, or sharply limit available damages, say John Schreiber and John Tschirgi at Winston & Strawn.

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