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Pennsylvania
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August 01, 2025
Deal Near In Sex Abuse Litigation Coverage Fight, Court Told
Counsel for a neurosurgery institute told a Pennsylvania federal court Friday it plans to confirm a final agreement with the institute's insurers in a coverage dispute over underlying litigation alleging former patients were assaulted by a now-deceased neurologist, as settlements are pending with each underlying plaintiff.
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August 01, 2025
Fed. Circ. Bugged By Injunction In Insecticide Patent Dispute
The Federal Circuit on Friday scrubbed a preliminary injunction blocking a company from selling an insecticide product while a competitor's patent infringement case proceeded against it, faulting a lower court's claim construction and patent validity analysis.Â
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August 01, 2025
1st Circ. Doubtful Of Trump's Stance On Birthright Citizenship
The First Circuit on Friday seemed inclined to say that the children of unauthorized immigrants are citizens if they were born on U.S. soil, citing both the 14th Amendment and a subsequent U.S. Supreme Court ruling and pushing back on an argument by President Donald Trump's administration.
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August 01, 2025
Judge Says NJ Comptroller Can Subpoena Bistate Agency
A New Jersey federal judge tossed the Delaware River Port Authority's suit claiming that the Garden State's comptroller unlawfully attempted to force it to comply with two investigative subpoenas, ruling that there is nothing to bar the comptroller from unilaterally issuing subpoenas to the New Jersey-Pennsylvania bistate transit agency.
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August 01, 2025
Cargill Says Chubb Unit Must Cover $170M Ice Cream Loss
Cargill Inc. accused a Chubb unit of failing to cover contaminated batches of ice cream and other food products that caused roughly $170 million in losses, telling a Pennsylvania state court that though the unit "may" rely on a pollution exclusion, an exception in the provision would restore coverage.
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August 01, 2025
Pennsylvania Legislation To Watch For The Rest Of 2025
Legislation working its way through the Pennsylvania Legislature this year includes bids to expand the state's consumer protection law to make it harder for companies to lock customers into automatically renewing subscriptions and for landlords to use software to collaborate with one another to inflate rents. Here are some bills to watch in the latter half of 2025.
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August 01, 2025
Developer Group Wants Pittsburgh Inclusionary Zoning On Ice
A Pittsburgh trade group has asked a Pennsylvania federal court to temporarily bar enforcement of a zoning ordinance mandating that large multifamily developments include affordable units, after the city's planning department demanded that a member comply with the ordinance.
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August 01, 2025
3rd Circ. Says Jury Doesn't Need Experts For Sig Sauer Suit
A U.S. Immigration and Customs Enforcement agent who was accidentally shot in the leg does not need expert testimony to make his case that a defective gun design was the cause of his injury, since a layperson could draw their own conclusions once they understood the underlying mechanisms, a Third Circuit panel said Friday.
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July 31, 2025
3rd. Circ. Lets Khalil Remain Free During Feds' Appeal
The Third Circuit denied the Trump administration's request to fully stay a district court order releasing pro-Palestinian activist Mahmoud Khalil from immigration detention, ruling that the federal government failed to show it would be irreparably harmed without a stay.
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July 31, 2025
Wyndham Can't Escape Hotel Workers' Labor Trafficking Suit
Wyndham Hotels & Resorts Inc. can't get out of a lawsuit alleging that two hotels, in West Virginia and western Pennsylvania, forced homeless or desperate people into servitude in exchange for shelter, though a federal judge has trimmed several claims against the company and one hotel's owners.
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July 31, 2025
6-Atty Cohen Vaughan Team Joins Goldberg Segalla In Philly
A team of six attorneys has left the recently launched Cohen Vaughan LLP to join Goldberg Segalla as they seek a better fit for their employment and civil litigation practices following the retirement of their former leader.
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July 31, 2025
Nonlawyer Indicted For Filing False Immigrant Asylum Forms
A Pennsylvania woman falsely claimed to be an immigration attorney and filed false asylum claims for immigrant clients, according to an indictment federal prosecutors announced Thursday.
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July 31, 2025
Troutman Adds Husch Blackwell Cyber Co-Leader
Troutman Pepper Locke LLP announced Thursday the hiring of a former Husch Blackwell partner for its privacy and cyber practice group in Philadelphia.
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July 31, 2025
Judge Questions Gov't Objection To Shielding FEMA Funds
A Massachusetts federal judge Thursday questioned the Trump administration's assertion that it has not redirected funds allocated by Congress for natural disaster mitigation efforts toward other Federal Emergency Management Agency programs, even as the government was objecting to states' narrow request to protect the funds for now.
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July 31, 2025
Immigration Board Raises Bar To Fight State Drug Convictions
The Board of Immigration Appeals ruled that an individual fighting removal after being convicted on state drug charges has the burden of proving the law they were convicted under is broader than federal law to avoid deportation.
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July 31, 2025
Split 3rd Circ. Expels Rutgers MBA Fraud Suit Over Standing
The plaintiff leading a proposed class action against Rutgers University for allegedly cooking its MBA rankings by fudging job placement statistics doesn't have standing because he was in a different part-time certificate program, a split Third Circuit has ruled, affirming a New Jersey federal court's decision.
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July 31, 2025
Mercedes-Benz Can't Escape All Of Wood Veneer Crack Suit
A Georgia federal judge won't dismiss the bulk of a proposed class action alleging that Mercedes-Benz Group AG sold vehicles with defective wooden trim veneer that cracked after extended use, leaving 11 of the 18 counts in the amended complaint alive.
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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.
Expert Analysis
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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SEC Motion Response Could Reveal New Crypto Approach
Cumberland DRW recently filed to dismiss the U.S. Securities and Exchange Commission’s enforcement action against it for the unlawful purchase and sale of digital asset securities, and the agency's response should unveil whether, and to what extent, the Trump administration will relax the federal government’s stance on digital asset regulation, say attorneys at O'Melveny.
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Steel Cases Test Executive Authority, Judicial Scope
Lawsuits challenging former President Joe Biden’s order blocking the merger of Japan's Nippon Steel and U.S. Steel may shape how future administrations wield presidential authority over foreign investment in the name of national security, says Hdeel Abdelhady at MassPoint Legal.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Parsing 3rd Circ. Ruling On Cannabis, Employee Private Suits
The Third Circuit recently upheld a decision that individuals don't have a private right of action for alleged violations of New Jersey's Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act, but employers should stay informed as the court encouraged the state Legislature to amend the law, say attorneys at Mandelbaum Barrett.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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2025 May Be A Breakout Year For The Cannabis Industry
The cannabis industry faced a slow and frustrating 2024, but consumer trends continue to shift in favor of cannabis, and the new administration may provide the catalyst that the industry needs, says Lynn Gefen at TerrAscend.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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And Now A Word From The Panel: How MDLs Fared In 2024
A significant highlight of the Judicial Panel on Multidistrict Litigation's practice during 2024 was the increase in the percentage of new MDL petitions granted by the panel, with 25 granted and only eight denied — one of the highest grant rates in years, says Alan Rothman at Sidley.