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Pennsylvania
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December 19, 2024
DuPont, Corteva Liable For Bad Benefits Info, Judge Says
Chemical companies DuPont and Corteva Inc. violated federal benefits law when they cut hundreds of workers off from retirement benefits following a merger and subsequent spinoff, a Pennsylvania federal judge ruled, finding the companies didn't clearly explain how the transactions would impact employees' benefits.
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December 19, 2024
3rd Circ. Backs $22M Win For Battery Co. Workers In Pay Suit
The Third Circuit held Thursday that a Pennsylvania battery manufacturer flouted federal labor law when it failed to pay workers $22 million for time they spent changing in and out of protective gear, rejecting the company's assertion it was only obligated to pay workers what was "reasonable."
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December 19, 2024
Ballard Spahr Seeks To End Paralegal's Age Discrimination Suit
Longtime issues with her performance and a disparaging remark made about a client to a firm partner led to Ballard Spahr LLP's decision to terminate a paralegal's employment, the firm said has said, and it asked a Pennsylvania federal court to dismiss the former employee's age and gender discrimination complaint.
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December 19, 2024
Philips CPAP Suits Against SoClean Tossed From MDLs
A Pennsylvania federal judge has tossed two complaints from Philips RS North America against SoClean Inc. from multidistrict litigation stemming from a CPAP machine recall, saying one would disrupt the wrap-up of the MDL surrounding Philips' products, while the other should not have been filed directly into the SoClean MDL.
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December 18, 2024
Sens. Hear Split Views On Bill To Boost Patent Injunctions
A bill that would make it easier to obtain patent injunctions got a divided reaction at a Senate hearing Wednesday, with the sponsor and some speakers saying it would benefit patent owners and critics calling it an unnecessary change that only aids patent assertion entities.
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December 18, 2024
ITC Nominees Pressed On Tariffs And China
A U.S. Senate panel on Wednesday pressed two Biden administration appointees to the U.S. International Trade Commission on tariffs, China and how they plan on accessing "public interest" in patent investigations.
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December 18, 2024
Pa. Nursing Home Must Face Resident's Slip-And-Fall Suit
A Pennsylvania appeals court on Wednesday reinstated a suit seeking to hold a nursing home liable for a resident's slip-and-fall injuries due to water that allegedly leaked from her room's ceiling, saying there was insufficient evidence that the home performed monthly checks for roof leaks.
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December 18, 2024
Trade Court Sends Wood Boards Case Back To Commerce
The U.S. Court of International Trade has ordered the U.S. Department of Commerce to revisit its ruling that edge-glued wood boards imported by a Pennsylvania-based company are subject to certain duties, finding the department's decision was deficient.
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December 18, 2024
CVS Fueled Opioid Epidemic In Rush For Profits, Feds Say
The U.S. Department of Justice unveiled a suit Wednesday accusing CVS, the nation's largest pharmacy chain, of knowingly filling invalid prescriptions for powerful opioids and ignoring internal pleas from its pharmacists as it allegedly put profits over safety.
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December 18, 2024
Liberty Mutual Says It Won't Cover Red Roof Trafficking Suits
Liberty Mutual Fire Insurance Co. asked a federal judge Wednesday to declare that it does not owe coverage to a Pennsylvania Red Roof Inn in two lawsuits claiming that the motel was responsible for allowing sex trafficking on the premises.
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December 18, 2024
States, Green Groups Drop Suits Over USPS Vehicle Plan
A coalition of states and cities and several environmental groups moved to dismiss their lawsuits challenging the U.S. Postal Service's multibillion-dollar plan to acquire its next-generation delivery vehicles.
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December 18, 2024
The Biggest Trademark Decisions Of 2024
The Pennsylvania State University emerged victorious in arguably the most closely watched trademark trial of the year against an online retailer that sold merchandise bearing historic Penn State marks, and the U.S. Supreme Court rejected an attorney's attempt to register "Trump Too Small" as a trademark. Here are Law360's picks for the biggest trademark decisions of 2024.
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December 18, 2024
Yale Eyes Quick Win In $435M Conn. Hospital Purchase Suit
Yale New Haven Health Services Corp. has asked a Connecticut state court judge for permission to file a summary judgment motion in a feud with Prospect Medical Holdings Inc. over the sale of several hospitals in the state, saying Prospect's "stunning" failure to fund pensions and pay taxes resulted in property liens that breached the $435 million deal.
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December 17, 2024
Neiman Marcus Owes Model $1.25M Over Fallen Painting
Neiman Marcus owes $1.25 million in damages to a former model who alleges that she suffered a concussion when a 13-pound painting fell from the wall inside its store and struck her on the head, a Pennsylvania federal jury decided Tuesday, following a multiday trial.
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December 17, 2024
Worker Claims Merger Can't Nix Pa. Medical Pot Protection
An engineering company unlawfully fired a Pennsylvania worker after he tested positive for cannabis usage, even though the employer knew about the worker's medical marijuana prescription, according to a lawsuit filed in Pennsylvania state court.
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December 17, 2024
Sandoz Cuts $275M Deal For More Price-Fixing Claims
Swiss drugmaker Sandoz said Tuesday it has reached a $275 million settlement to end claims from consumers, insurers and others in the sprawling multidistrict litigation over alleged price-fixing in the generic-drug industry.
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December 17, 2024
Split Pa. High Court Revives Kleinbard Fee Row Over DA Work
The Pennsylvania Supreme Court on Tuesday revived Kleinbard LLC's bid to get Lancaster County to pay for legal work on behalf of a former district attorney, reasoning that a lower court hastily rejected the firm's factual assertions.
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December 17, 2024
Pa. Supreme Court Says Judge's Side Job Sinks Tax Rulings
A Pennsylvania state judge who held a side job on a Philadelphia tax appeals board had nullified rulings he made on a local hospital's tax cases, the state's Supreme Court said Tuesday, reasoning that holding both jobs was a "constitutionally impermissible conflict of duties."
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December 17, 2024
Northwest Bancshares Buys Peer Penns Woods In $270M Deal
Dinsmore & Shohl LLP-advised Northwest Bancshares Inc. has agreed to purchase Stevens & Lee PC-led Penns Woods Bancorp Inc. in an all-stock deal valued at roughly $270.4 million, the organizations said Tuesday.
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December 17, 2024
Pa. Atty Suspended Following Client Theft Charges
The Pennsylvania Supreme Court has temporarily suspended a western Pennsylvania attorney from the bar following his arrest last month on charges that he allegedly stole more than $30,000 from a jailed elderly woman and used the money for trips to a casino.
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December 17, 2024
Justices Urged To Let Stand Ex-Wife's Tax Payment Suit
A woman who said the IRS wrongly applied her tax payment to her ex-husband's bill asked the U.S. Supreme Court to let stand a Third Circuit ruling allowing her to challenge it, saying the decision doesn't conflict with any other rulings and involves an issue that rarely occurs.
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December 17, 2024
Supercuts Owner Cuts Deal To End Ex-Worker's OT Suit
The owner of nearly 400 Supercuts and other hair salons agreed to pay $15,000 to resolve a suit from a former employee accusing it of failing to account for commissions and other nondiscretionary bonuses when calculating her overtime rates, a filing in Michigan federal court said.
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December 16, 2024
Circuit-By-Circuit Guide To 2024's Most Memorable Moments
One judge said a litigant's position would cause "an effing nightmare," and another decried the legal community's silence amid "illegitimate aspersions." Public officials literally trashed one court's opinion, and fateful rulings dealt with controversial politicians, social media and decades of environmental policy. Those were just a few appellate highlights in 2024, a year teeming with memorable moments both substantive and sensational.
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December 16, 2024
BNY Scores Exit In Mutual Fund Conflict Of Interest Suit
A Pennsylvania federal magistrate judge on Monday granted The Bank of New York Mellon's bid to toss a proposed class action claiming that it failed to disclose conflicts of interest when funneling client assets into mutual funds and other investment vehicles that favored the bank, ruling that the claims are preempted by the Securities Litigation Uniform Standards Act.
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December 16, 2024
3rd Circ. Revives Disability Retaliation Suit Against Accenture
The Third Circuit revived disability discrimination and age bias claims Monday brought by a former employee of professional services company Accenture, finding the worker presented enough evidence that suggested her supervisor's frustration at the accommodations she needed after being injured resulted in her termination.
Expert Analysis
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Compliance Pointers For Amended Pa. Data Breach Law
Recent updates to the Pennsylvania Breach of Personal Information Notification Act include a requirement that organizations alert the state's attorney general of certain consumer data breach notifications, and several incident response and cybersecurity considerations will be necessary to ensure compliance, say Matthew Meade and Laura Decker at Eckert Seamans.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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Opinion
To Shrink Jury Awards, Address Preventable Medical Errors
While some health industry leaders complain about large malpractice awards — like the recent $45 million verdict in Hernandez v. Temple University Hospital — these payouts are only a symptom of the underlying problem: an epidemic of preventable medical errors, says Eric Weitz at The Weitz Firm.
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With Esmark Case, SEC Returns Focus To Tender Offer Rules
The U.S. Securities and Exchange Commission's recent enforcement action against Esmark in connection with its failed bid to acquire U.S. Steel indicates the SEC's renewed attention under Rule 14e‑8 of the Exchange Act on offerors' financial resources as a measure of the veracity of their tender offer communications, say attorneys at MoFo.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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Navigating Complex Regulatory Terrain Amid State AG Races
This year's 10 attorney general elections could usher in a wave of new enforcement priorities and regulatory uncertainty, but companies can stay ahead of the shifts by building strong relationships with AG offices, participating in industry coalitions and more, say Ketan Bhirud and Dustin McDaniel at Cozen O’Connor.
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3rd Circ. Hertz Ruling Highlights Flawed Bankruptcy Theory
The Third Circuit, in its recent Hertz bankruptcy decision, became the latest appeals court to hold that noteholders were entitled to interest before shareholders under the absolute priority rule, but risked going astray by invoking the flawed theory of code impairment, say Matthew McGill and David Casazza at Gibson Dunn.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.