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October 11, 2024
Real Estate Recap: Rating Climate Risk, Window Tech, Towers
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including a data-driven look at how climate risk is calculated for property owners, what one proptech company is doing to improve high-rise window-washing, and a new tracker following the tallest tower projects in the United States.
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October 11, 2024
Dem AGs Urge Judge To Rule Now On FDA Abortion Pill Regs
Washington and 16 other states with Democratic attorneys general are pressing a federal judge to force the U.S. Food and Drug Administration to lift restrictions on access to mifepristone, arguing that the agency is swayed by the controversy swirling around the abortion medication that has been proved to be safer than Tylenol, Viagra and insulin.
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October 11, 2024
Fintech-Focused Cohen SPAC Leads 2 IPOs Worth $250M
Cohen Circle Acquisition Corp. I, a special purpose acquisition company founded by financial services industry veteran Betsy Cohen, began trading Friday, one of two SPACs that completed initial public offerings for a combined $250 million.
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October 11, 2024
Cornel West's Ballot Bid Too Late For Pennsylvania
A Pennsylvania federal judge has denied third-party presidential candidate Cornel West's bid to be added to the Keystone State's election ballots, ruling Thursday that the court's concerns about the constitutionality of stricter rules for minor parties were outweighed by the likely disruption of adding new candidates after voting was already underway.
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October 11, 2024
3rd Circ. Won't Deem Bus Driver's Migraines FMLA-Eligible
A Pennsylvania public transit employee didn't have the requisite "serious health condition" to back his workplace retaliation claims under the federal Family Medical Leave Act, the Third Circuit ruled Friday, declining to reinstate a trial victory for the bus driver.
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October 11, 2024
Lyft Algorithm Defect Claim Dismissed In Sex Assault Suit
A Pennsylvania federal judge has thrown out a products liability claim in a woman's suit against Lyft Inc. over a sexual assault by a man posing as one of its drivers, saying she didn't seek leave from the court to add the claim and it was filed too late.
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October 11, 2024
Philly Pizzeria Owner Accused Of Dodging Taxes
A Pennsylvania pizzeria owner evaded taxes for multiple years by paying himself and employees in cash and lied about it to his accountant, the U.S. Department of Justice said in announcing charges against him.
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October 11, 2024
Pa. Justices Won't Review Bible App Maker's Coverage Denial
The Pennsylvania Supreme Court declined to hear a Bible app maker's coverage bid over a hacker's deletion of its videos and software stored on a GoDaddy Inc. server, letting stand an appeals panel's ruling in a case of first impression on what "your computers" means in a property policy.
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October 11, 2024
Attys Ordered To Apologize For Neighborhood 'Scream Test'
A Pennsylvania federal judge has ordered attorneys representing a plaintiff in a civil rights suit to go door-to-door and issue written apologies to residents and business owners after subjecting a South Philadelphia neighborhood to a looped recording of a woman screaming as part of an acoustics test last month.
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October 11, 2024
Civil, Criminal Litigator Joins Norris McLaughlin In Pa.
Norris McLaughlin PA expanded the litigation team at its Allentown, Pennsylvania, office this week with the addition of an attorney who moved his practice from boutique law firm Ridley Chuff Kosierowski & Scanlon PC.
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October 11, 2024
Indicted NJ Power Broker Says Civil Suit Belongs In Biz Court
Indicted Garden State power broker George E. Norcross III has asked a New Jersey state judge to transfer the civil racketeering suit brought against him and his attorney brother by a Philadelphia developer to the state's complex business litigation program.
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October 10, 2024
Citadel Credit Union Reaches $6.5M Redlining Deal With DOJ
The U.S. Attorney for the Eastern District of Pennsylvania announced Thursday it reached a deal with Citadel Federal Credit Union to settle allegations it engaged in lending discrimination in Black and Latino neighborhoods, with the credit union agreeing to invest $6.5 million in neighborhoods of color in Philadelphia.
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October 10, 2024
Yale Hospital Says Pension Liens Breach $435M Sale Deal
A hospital operator's purported $4 million pension liability has saddled its properties with liens that breach a $435 million sale contract, Yale New Haven Health told a Connecticut state judge Wednesday in a letter suggesting it may add claims to litigation over its deal with Prospect Medical Holdings Inc.
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October 10, 2024
Norfolk Southern Says Tank Car Cos. Should Help Pay $600M Deal
Norfolk Southern and tank car companies sparred in Ohio federal court over key questions of liability related to the February 2023 East Palestine derailment and toxic chemical spill, as the rail giant seeks to offload at least some damages, including a recent $600 million settlement to affected residents and businesses.
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October 10, 2024
Chancery OKs $125M Deal, Fees In Discovery Merger Suit
Declaring it "a great settlement," a Delaware vice chancellor approved on Thursday a near chart-topping, $125 million deal to end stockholder challenges to Discovery Inc.'s $43 billion merger with AT&T in 2022, an amount eclipsed only by a $148.2 million pretrial deal in a 2016 case.
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October 10, 2024
Teva To Pay $450M To Settle Kickback Cases
Pharmaceutical giant Teva will pay $450 million to settle allegations it violated the False Claims Act by fixing the prices of several generic drugs and by raising the price of a multiple sclerosis treatment while covering Medicare recipients' copays, civil prosecutors said Thursday.
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October 10, 2024
Nike Rips Report In TM Suit, Rival Wants $6.75M In Fees
Nike has pushed back on a report finding that its behavior toward a Pennsylvania apparel company during a trademark dispute was severe enough to support ordering Nike to pay attorney fees, with the smaller company saying it is owed about $6.75 million in fees.
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October 10, 2024
Pa. Justices Vexed By Mall's Bid To Dodge Store's Legal Bill
The Pennsylvania Supreme Court on Thursday questioned Harrisburg Mall's argument that it should be let off the hook for Bass Pro Shops' legal bills after the retailer sank a customer's trip-and-fall suit, with one justice suggesting that the alleged need for proof or a judgment incentivized the tenant to lose the case.
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October 10, 2024
Monsanto Hit With $78M Verdict In Philly's 6th Roundup Trial
Bayer AG unit Monsanto was hit with a $78 million verdict on Thursday by a Philadelphia jury in the sixth trial in the city's Roundup weedkiller mass tort.
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October 10, 2024
Holland & Knight Grows Philly, NY Offices With Insurance Pros
A pair of attorneys specializing in advising clients on insurance technology matters have moved their practices this week from Goodwin Procter LLP to Holland & Knight LLP's offices in New York and Philadelphia.
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October 10, 2024
Ivy League Athletes Whiff On Scholarship Antitrust Suit
A Connecticut federal judge on Wednesday snuffed out a proposed antitrust class action from college athletes challenging the Ivy League's longstanding ban on athletic scholarships, ruling the complaint did not identify a specific market harmed by the policy.
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October 10, 2024
Indicted Pa. Judge Suspended From Bench Over Alleged Fraud
The York County, Pennsylvania, Court of Common Pleas judge who was accused of 31 counts of fraud, witness tampering and obstruction of justice related to his allegedly misusing unemployment relief funds to pay his law firm's employees during the COVID-19 pandemic has been suspended from the bench.
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October 09, 2024
Blank Rome Attys Beat DQ Bid Over Witness Contact
A Philadelphia federal judge Wednesday refused to disqualify Blank Rome from representing three of its attorneys facing claims they brought a baseless lawsuit against another attorney in retaliation for switching from corporate defense to the plaintiffs bar.
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October 09, 2024
Caterpillar Settles Wirtgen IP Row After Judge's $19.5M Ruling
Caterpillar and machinery manufacturer Wirtgen have reached a deal to resolve their legal fight after a Delaware court held that Caterpillar owes about $19.5 million in a patent case over road-milling machines.
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October 09, 2024
Kohl's Sued After Vendor Hack Leaks 1.9M Customers Files
Kohl's department store customers hit the retail giant on Wednesday with a putative breach of implied contract class action in Pennsylvania federal court alleging the store failed to protect data from 1.9 million customers from a hack targeting a contractor the retailer uses for debt collection.
Expert Analysis
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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.
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What Pennsylvania Can Expect From Anti-SLAPP Law
Pennsylvania's anti-SLAPP law is an important step in protecting speech on matters of public concern against retaliatory claims, and is buttressed by a robust remedy for violations as well as procedural requirements that lawyers must follow to take advantage of its application in practice, says Thomas Wilkinson at Cozen O'Connor.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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Class Actions At The Circuit Courts: September Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy identifies practice tips from four recent class certification rulings involving denial of Medicare reimbursements, automobile insurance disputes, veterans' rights and automobile defects.
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How NLRB Memo Balances Schools' Labor, Privacy Concerns
Natale DiNatale at Robinson & Cole highlights the recent National Labor Relations Board advice memorandum that aims to help colleges reconcile competing obligations under the National Labor Relations Act and the Family Educational Rights and Privacy Act as university students flock toward unionization.
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.
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And Now A Word From The Panel: The MDL Map
An intriguing yet unpredictable facet of multidistrict litigation practice is venue selection for new MDL proceedings, and the Judicial Panel on Multidistrict Litigation considers many factors when it assigns an MDL venue, says Alan Rothman at Sidley Austin.