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Pennsylvania

  • September 10, 2025

    Pa. Court Upholds Defense Verdict In Throat Surgery Suit

    The Pennsylvania Superior Court on Wednesday affirmed a jury verdict in favor of an anesthesiologist accused of causing a patient's trachea tear following throat surgery, saying the doctor's expert witness didn't introduce new testimony at trial.

  • September 10, 2025

    3rd Circ. Questions NJ's Bid To Block Kalshi's Sports Bets

    The Third Circuit seemed prepared on Wednesday to block New Jersey from enforcing a sports gambling ban on trading platform KalshiEx, with at least one judge arguing the U.S. Commodity Futures Trading Commission's authority to regulate the event contracts space "seems quite broad."

  • September 10, 2025

    4th Circ. Hears Neb. Tribe's Fight For Children's Repatriation

    The U.S. Army can't say that the remains of two children entombed in a former Pennsylvania Indian boarding school are not part of a collection or holding, counsel for a Nebraska tribe told a Fourth Circuit panel on Wednesday in seeking the return of the remains to their tribe, arguing that they were buried and re-buried without tribal consent.

  • September 10, 2025

    $36M DOL Award Unjustified, Nursing Homes Tell 3rd Circ.

    A group of bankrupt nursing homes told a Third Circuit panel Wednesday that a nearly $36 million judgment against it for not paying employees overtime should be thrown out because the judge who ordered it found sweeping Fair Labor Standards Act violations across the company without the support of the evidence.

  • September 10, 2025

    Fired FBI Officials Claim 'Campaign Of Retribution' In New Suit

    Three former senior FBI officials sued the Trump administration in D.C. federal court on Wednesday, accusing FBI Director Kash Patel of politicizing the agency and firing them as part of a "campaign of retribution" in a bid to keep his own job.

  • September 10, 2025

    Privilege Bars Ex-Holland & Knight Atty's Defamation Claim

    A former Holland & Knight attorney's counterclaim against Philadelphia personal injury firm Fritz & Bianculli LLC has been dismissed from Pennsylvania federal court after a judge ruled that statements made in the firm's complaint accusing the attorney of unauthorized access to confidential files could not be used to allege defamation.

  • September 10, 2025

    3rd Circ. Seeks Standing Specifics In Website Tracking MDL

    The Third Circuit on Wednesday challenged both retailers and consumers over so-called session replay software capturing online shoppers' data, wanting to know if a proposed class could be more specific about what "sensitive" information was actually shared by Bass Pro Shops and Cabela's and if their stores had any limits on connecting private searches with specific people.

  • September 09, 2025

    Pa. Panel Won't Nix Hospice Co. COVID Infection Suit

    A Pennsylvania Superior Court on Tuesday refused to throw out a suit by an elderly couple alleging a physical therapist and her employer negligently infected them with COVID-19, finding the claims are not blocked by federal health emergency laws.

  • September 09, 2025

    Pa. Justices Seem Split On Uber's 'Clickwrap' Arbitration Link

    The Pennsylvania Supreme Court appeared unsure about whether arbitration agreements linked in apps like Uber adequately inform consumers that they're giving up the right to a jury trial by using services, with some justices commenting during oral arguments Tuesday that more explicit warnings couldn't hurt and others saying they could muddle the state's contract laws.

  • September 09, 2025

    Pa. Court Orders Resentencing In 2 DUI Cases Over Treatment

    A pair of drunk-driving cases in Pennsylvania will be sent back to the lower courts for resentencing after a state appeals court ruled Tuesday that recently decided state Supreme Court precedent requires prosecutors to prove in front of a jury that the drivers had previously completed a drunk-driving program in order to apply sentencing enhancements. 

  • September 09, 2025

    Feds Fight Ex-Philly Labor Leader's Prison Release Bid

    Prosecutors urged a Pennsylvania federal judge to reject the early release bid by the former business manager of the International Brotherhood of Electrical Workers Local 98 in Philadelphia, arguing Tuesday that he should not be freed from his six-year prison term to care for his disabled wife because her condition has not changed since he was locked up last year.

  • September 09, 2025

    'Whiz Honor' Judge Accused Of Trying To Sway Sentencing

    A Philadelphia judge under investigation for ethics violations related to the promotion of his wife's cheesesteak shop faces new disciplinary charges over allegations that he attempted to influence a fellow judge's sentencing decision for an associate of rapper Meek Mill.

  • September 09, 2025

    3rd Circ. Told Cigna's 'Private Label' Stelara May Alter Market

    A Johnson & Johnson subsidiary told a Third Circuit panel it would be "difficult" to calculate its potential monetary losses if a Cigna subsidiary were to launch its own version of an anti-inflammatory treatment, particularly if it permanently changed the market by giving the insurance giant a "private label" version that pharmacies would give preference over the original.

  • September 08, 2025

    3rd Circ. Revives Ex-Lecturer's Suit Over Alt-Right Views

    The Third Circuit on Monday found school disruptions at the New Jersey Institute of Technology caused by a philosophy lecturer's comments don't outweigh his free speech rights, reversing the school's summary judgment win in the professor's lawsuit alleging NJIT violated his constitutional rights by refusing to renew his contract after his off-campus, alt-right comments drew national attention.

  • September 08, 2025

    3rd Circ.'s Grid-Planning Ruling Will Coax States To Play Ball

    A Third Circuit decision limiting states' ability to block transmission projects already greenlighted by regional grid operators could make a federal overhaul of transmission planning policies more appealing, even as several states and utilities pursue litigation to block the changes.

  • September 08, 2025

    Pokémon Go Maker Gets Judge To 'Avada Kedavra' Patents

    A federal judge on Monday said he cast the so-called unforgivable avada kedavra curse from Harry Potter to kill three ImagineAR Inc. video game patents in its lawsuit against Pokémon Go maker Niantic Inc., saying the patents were all abstract and lacked any inventive concept.

  • September 08, 2025

    Swedish Video Game Co. Beats Suit Over Compliance Issues

    A Pennsylvania federal judge dismissed claims against Evolution AB in a suit claiming the Swedish gaming company misled investors about its growth and that its subsidiaries routinely conducted business with unlicensed customers, finding that the court does not have jurisdiction over Evolution, since it is not "at home" in Pennsylvania.

  • September 08, 2025

    Grassley Blocked On Quick US Attorney Confirmations

    Senate Judiciary Committee chair Sen. Chuck Grassley, R-Iowa, tried Monday to quickly confirm 10 nominees for U.S. attorneys, but was blocked by Senate Minority Leader Chuck Schumer, D-N.Y.

  • September 08, 2025

    Exxon, BP, Others Keep Dismissal Of Pa. Benzene Suit

    A Pennsylvania appeals court on Monday refused to reinstate a woman's suit alleging that products from Exxon Mobil Corp., BP Products North America Inc. and others exposed her husband to benzene, leading to his death, ruling the trial court rightly found that North Carolina is the far better venue.

  • September 08, 2025

    Whisper Not Enough To Sustain Worker's Harassment Suit

    A Pennsylvania federal judge tossed a Merck Sharp & Dohme worker's suit Monday claiming his boss sexually harassed him by whispering in his ear at a staff meeting, ruling the singular incident did not create a hostile work environment at the pharmaceutical company.

  • September 08, 2025

    Pa. Top Court Snapshot: Clickwrap Agreements, Mail-In Votes

    The Pennsylvania Supreme Court will return from its summer break with a couple of familiar issues, including the heavily litigated issue of discarding undated mail-in ballots and a much-anticipated review of common "clickwrap" agreements for apps and websites. Here are some of the cases the state's justices will hear in their Sept. 9-11 session.

  • September 08, 2025

    New $25M Vanguard Investor Tax Case Deal Gets Initial OK

    A $25 million settlement of a class action accusing Vanguard of improperly triggering an asset sell-off that saddled investors with steep tax bills received preliminary approval Monday, according to an order in Pennsylvania federal court, after a $40 million deal was rejected in May.

  • September 08, 2025

    Atty Tells Disciplinary Panel $250K Demand Wasn't Blackmail

    A Pennsylvania attorney facing discipline for allegedly threatening to blackmail a client's debtor was rightfully trying to collect on a long-standing, highly litigated debt, a state disciplinary hearing panel heard Monday.

  • September 08, 2025

    Drexel Defends Employees In Ex-Administrator's Bias Case

    Drexel University officials on Monday denied that contentious interactions between staff members and a former administrator were motivated by race and gender bias, telling a Pennsylvania federal judge in a bench trial the real driver was concern about her allegedly interfering with the independence of the school's auditors.

  • September 08, 2025

    Appeal Limited To NJ US Atty DQ Ruling, 3rd Circ. Told

    The federal government and defense counsel have agreed that the scope of a Third Circuit appeal is limited to the disqualification of New Jersey Acting U.S. Attorney Alina Habba from overseeing two cases.

Expert Analysis

  • How Attys Can Use AI To Surface Narratives In E-Discovery

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    E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.

  • Series

    Playing The Violin Makes Me A Better Lawyer

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    Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.

  • Series

    Law School's Missed Lessons: Practicing Self-Care

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    Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard​​​​​​​ at MG+M.

  • ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'

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    The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.

  • How Political Divisions Are Stalling Pa. Energy Development

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    Despite possessing the nation's second-largest natural gas reserves and a legacy of energy infrastructure, Pennsylvania faces a fragmented and politically charged path to developing the energy resources it will need in the future, thanks to legislative gridlock, divided public opinion and competing energy interests, says Andrew Levine at Stradley Ronon.

  • Series

    My Opera And Baseball Careers Make Me A Better Lawyer

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    Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.

  • Opinion

    Subject Matter Eligibility Test Should Return To Preemption

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    Subject matter eligibility has posed challenges for patentees due to courts' arbitrary and confusing reasoning, but adopting a two-part preemption test could align the applicant, the U.S. Patent and Trademark Office and the courts, says Manav Das at McDonnell Boehnen.

  • 8 Ways Lawyers Can Protect The Rule Of Law In Their Work

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    Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.

  • Kousisis Concurrence Maps FCA Defense To Anti-DEI Suits

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    Justice Clarence Thomas' recent concurrence in Kousisis v. U.S. lays out how federal funding recipients could use the high standard for materiality in government fraud cases to fight the U.S. Justice Department’s threatened False Claims Act suits against payees deviating from the administration’s anti-DEI policies, say attorneys at Miller & Chevalier.

  • Series

    Law School's Missed Lessons: Communicating With Clients

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    Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.

  • How State AG Consumer Finance Enforcement Is Expanding

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    As the Consumer Financial Protection Bureau becomes less active, state attorneys general are increasingly shaping the enforcement landscape for consumer financial services — and several areas of focus have recently emerged, say attorneys at Morgan Lewis.

  • Series

    Adapting To Private Practice: From US Rep. To Boutique Firm

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    My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.

  • Opinion

    IRS Should Work With Industry On Microcaptive Regs

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    The IRS should engage with microcaptive insurance owners to develop better regulations on these arrangements or risk the emergence of common law guidance as taxpayers with legitimate programs seek relief in the federal courts, says Dustin Carlson at SRA 831(b) Admin.

  • Opinion

    Senate's 41% Litigation Finance Tax Would Hurt Legal System

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    The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.

  • Drawbacks For Taxpayers From Justices' Levy Dispute Ruling

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    The Supreme Court's June decision in Commissioner v. Zuch, holding the Tax Court lacks jurisdiction to resolve disputes where the IRS has stopped pursuing a levy, may require taxpayers to explore new tactics for mitigating the increased difficulty of appealing their liability via collection due process hearings, says Matthew Roberts at Meadows Collier.

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