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Pennsylvania
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July 30, 2025
US Atty Swap Was 'Calculated' To Evade Senate, NJ Court Told
The reappointment of Alina Habba from interim to acting U.S. attorney for New Jersey was an unconstitutional maneuver "calculated to bypass Senate confirmation," a defendant seeking dismissal of his drug trafficking indictment told a federal judge Wednesday, while prosecutors opposed the motion as a "dispute over titles, not authority."
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July 30, 2025
3rd Circ. Won't Upend Investors' Class Cert. In J&J Talc Suit
A split Third Circuit on Wednesday upheld a New Jersey federal judge's class certification order in a Johnson & Johnson investor action alleging the company artificially inflated its stock price by failing to disclose cancer risks associated with its talcum powder products, finding the lower court did not err in concluding that common issues predominate in the suit.
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July 30, 2025
No Philly Clause Is Valid In Med Mal Case, Pa. Panel Says
A Pennsylvania appellate panel said Wednesday that a contract a patient signed before surgery mandating that any legal actions must be heard in Bucks County is valid and enforceable, affirming a trial court's transfer of the medical malpractice suit from plaintiff-friendly Philadelphia County.
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July 30, 2025
CVS Can't Arbitrate RICO Suit Over Alleged 'No Generic' Policy
CVS effectively forfeited its arbitration rights in proposed class action litigation accusing it of conspiring to block Medicare beneficiaries from accessing generic versions of prescription drugs, a Pennsylvania federal judge ruled in denying the company's bid to enforce an arbitration agreement.
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July 30, 2025
Pratt & Whitney Can't Duck Parts Co.'s Antitrust Suit
A Pennsylvania federal court refused Wednesday to toss an antitrust case accusing Pratt & Whitney of blocking competition from aftermarket engine and part suppliers through its contracts with maintenance and repair companies.
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July 30, 2025
Unauthorized Blood Draw Upends Fatal Crash Sentence In Pa.
In a precedential ruling, the Pennsylvania Superior Court held that the rights of a man convicted of vehicular homicide while driving under the influence of alcohol were violated because hospital staff took it upon themselves to conduct a blood draw without a warrant from law enforcement.
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July 30, 2025
3rd Circ. Says Quote From Earlier Case Doesn't Nix Sentence
A federal judge who gave a Dominican citizen a stiffer sentence after a second arrest improperly failed to warn the defendant that he would quote from the first sentencing, but the Third Circuit on Wednesday denied a do-over because the defendant didn't show that having notice would have changed the outcome.
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July 30, 2025
Trump Official Denies Shutting Down FEMA Disaster Program
The administrator of the Federal Emergency Management Agency told a Massachusetts federal judge that President Donald Trump's administration has not decided whether to end the agency's flagship natural disaster protection program, despite a lawsuit by 20 states claiming it had been shut down.
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July 30, 2025
Samourai Wallet Execs Cop To Money-Transmitting Charges
Two Samourai Wallet executives told a Manhattan federal judge Wednesday that they facilitated bitcoin transfers derived from criminal activity, pleading guilty to scheming to use their crypto-mixer as an unlicensed money transmitter but avoiding a more serious money-laundering conspiracy count.
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July 29, 2025
Affirmed Energy Says FERC Unlawfully Cut Auction Rights
Affirmed Energy LLC told the D.C. Circuit the Federal Energy Regulatory Commission can't justify orders approving PJM Interconnection LLC's proposal to bar energy efficiency resources from participating in its electricity capacity auctions.
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July 29, 2025
Pa. Bank Slams Ponzi Investors' 'Search For Scapegoats'
A Pennsylvania-based community bank has urged a federal judge to dismiss a proposed class action accusing it of enabling a $155 million Ponzi scheme carried out by a Pennsylvania dentist and a Texas attorney, arguing that the case attempts to unconstitutionally import Texas securities law into the Keystone State.
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July 29, 2025
Ocugen Beats Investor Suit Over Financial Controls
Biopharmaceutical company Ocugen Inc. on Tuesday won permanent dismissal from an investor's class action accusing it of concealing weak financial controls that led to it refiling accounting statements for several periods, with a Pennsylvania federal judge determining that Ocugen's stock price recovered from the announcement it had erred in its reports.
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July 29, 2025
Senate Confirms DOJ Official Emil Bove To 3rd Circ.
The Senate voted 50-49 on Tuesday night to confirm Emil Bove, one of President Donald Trump's former attorneys and a top official at the U.S. Department of Justice, as a judge on the U.S. Court of Appeals for the Third Circuit.
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July 29, 2025
Airbnb Says Slim Odds Of Shooting Don't Create Tort 'Duty'
The chances of being shot at one of Airbnb's short-term rentals are only slightly greater than the odds of being struck by lightning, so the company could not foresee or be held responsible for events like a 2022 mass shooting at a Pittsburgh rental, counsel for Airbnb told a Pennsylvania judge Tuesday during an oral argument.
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July 29, 2025
OxyChem, Nokia Tell 3rd Circ. Passaic Cleanup Deal Is Unfair
Occidental Chemical Corp. and Nokia of America Corp. on Monday asked the Third Circuit to reverse a New Jersey federal district court's approval of a $150 million settlement to clean up the Lower Passaic River.
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July 29, 2025
Crypto Mixer Execs To Change Plea In Samourai Wallet Case
The two co-founders of crypto mixer Samourai Wallet told a New York federal judge on Tuesday that they intend to change their not guilty pleas after initially fighting charges that they facilitated over $2 billion in unlawful transactions.
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July 29, 2025
3rd Circ. Says DOL H-2A Case Should Have Been In Fed. Court
A New Jersey farm was entitled to have a federal court weigh in on the U.S. Department of Labor's allegations that it flouted H-2A visa program requirements, the Third Circuit ruled Tuesday, finding the DOL improperly relied on in-house administrative proceedings to impose over $580,000 in fines.
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July 29, 2025
New Guidelines Aim To Reform Counterfeiter Case Practices
Amid federal courts' growing concern toward a legal strategy of joining dozens of alleged counterfeiters in a single complaint, plaintiff attorneys who are among the most frequent filers of such cases have announced what they consider best practices for the litigation.
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July 29, 2025
Harvard Escapes Title IX Suit Over Transgender Swimmer
A Massachusetts federal judge on Tuesday dismissed Harvard University and stayed proceedings in a lawsuit filed by three former collegiate swimmers over the participation of a transgender athlete in a 2022 competition at the school, pending the decision on a similar case in Georgia.
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July 29, 2025
USDA Seeks End To Pa. Suit Over $13M Food Aid Cut
The U.S. Department of Agriculture wants a federal judge to throw out a lawsuit filed by Pennsylvania's governor accusing the USDA of haphazardly cutting off $13 million in food aid that supports local farmers.
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July 29, 2025
22 States Sue To Block Defunding Of Planned Parenthood
California and more than 20 other states on Tuesday launched their own legal challenge to budget legislation that halts federal Medicaid funding for Planned Parenthood, alleging the measure illegally targets the organization and violates its First Amendment rights.
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July 29, 2025
Disbarred Pa. Atty Admits Forging Federal Judge's Signature
A disbarred central Pennsylvania attorney has admitted to federal charges of forging a U.S. district judge's signature on fake court orders he gave to a client showing he had been awarded monetary sanctions in a case that was never actually filed, federal prosecutors announced Monday.
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July 29, 2025
Justices Can Fix Circuit Split On Compassionate Release
The First Step Act drastically reduced the mandatory minimum sentences for certain federal crimes, but it will be up to the U.S. Supreme Court to settle a 6-4 circuit split over whether courts can consider those changes when weighing a prisoner's compassionate release, attorneys tell Law360.
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July 29, 2025
Insurer Says Misrepresentations Void Real Estate Co.'s Policy
Material misrepresentations in a commercial real estate firm's insurance renewal application mean the insurer has no duty to defend the firm or a former director against a $6.5 million claim related to the sale of a client's properties, the insurer told an Indiana federal court.
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July 28, 2025
Drexel U Gender Bias Potentially Cost Doctor $6M, Jury Told
A former Drexel University medical college professor and emergency doctor told a Pennsylvania federal jury Monday that she was fired for complaining about gender discrimination in the workplace, saying among other things she was denied a promotion that would have brought her potentially $6 million.
Expert Analysis
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Top 10 Whistleblowing And Retaliation Events Of 2024
From a Florida federal court’s ruling that the False Claims Act’s qui tam provision is unconstitutional to a record-breaking number of whistleblower tips filed with the U.S. Commodity Futures Trading Commission, employers saw significant developments in the federal and state whistleblower landscapes this year, say attorneys at Proskauer.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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Notable 2024 Trademark Cases And What To Watch In 2025
Emerging disputes between established tech giants and smaller trademark holders promise to test the boundaries of trademark protection in 2025, following a 2024 marked with disputes in areas ranging from cybersquatting to geographic marks, says Danner Kline at Bradley Arant.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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The Prospects Of Pa. Gaining Its Own Antitrust Law After 2024
In the only state that does not have its own antitrust law, Pennsylvania's business community's strong opposition to the Pennsylvania Open Markets Act signals a rough road lies ahead for passage of the bill after Republicans retained a narrow majority in the state Senate, say attorneys at BakerHostetler.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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7th Circ. Ruling Muddies Split On Trade Secret Damages
The Seventh Circuit's recent endorsement in Motorola v. Hytera of a Second Circuit limit on avoided-cost damages under the Defend Trade Secrets Act contradicts even its own precedents, and will further confuse the scope of a developing circuit conflict that the U.S. Supreme Court has already twice declined to resolve, says Jordan Rice at MoloLamken.
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
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AV Compliance Is Still A State-By-State Slog — For Now
While the incoming Trump administration has hinted at new federal regulations governing autonomous vehicles, for now, AV manufacturers must take a state-by-state approach to compliance with safety requirements — paying particular attention to states that require express authorization for AV operation, say attorneys at Frost Brown.
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Think Like A Lawyer: 1 Type Of Case Complexity Stands Out
In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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Contract Disputes Recap: Perils Of Perfunctory Interpretation
Attorneys at Seyfarth examine three recent decisions in which the Armed Services Board of Contract Appeals, the Civilian Board of Contract Appeals and the Federal Circuit ruthlessly dismantled arguments that rely on superficial understandings of different contract terms.