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Pennsylvania
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August 21, 2025
UPenn Gene Therapy Patent Survives Sarepta's PTAB Challenge
The Patent Trial and Appeal Board on Thursday declined to wipe out a claim in a University of Pennsylvania gene therapy patent, denying a win to Sarepta Therapeutics Inc., which is fighting an infringement case in Delaware federal court.
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August 21, 2025
Pa. Biz Groups, Providers, Uber Want Fault Loophole Closed
Uber and a coalition of organizations often targeted by injury lawsuits urged a Pennsylvania appeals court to close a legal loophole that they claim largely undermines the purpose of the Fair Share Act, which limits a defendant's liability to their portion of fault.
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August 21, 2025
Consumer Advocates Blast FERC Inaction On Power Auction
Consumer advocates and municipal utilities have told the D.C. Circuit that the Federal Energy Regulatory Commission can't use a Third Circuit ruling to claim it is powerless to prevent the rerunning of a flawed electricity capacity auction that overcharged consumers by $183 million.
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August 21, 2025
American Airlines Knocks Out Class Cert. In Military Leave Suit
A Pennsylvania federal judge has granted American Airlines' bid to revoke class certification in a suit alleging the airline unlawfully denied pilots pay and profit-sharing credit for time spent on military leave, agreeing the case raises too many individual questions.
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August 21, 2025
Pa. City Water Dept. Fights Bid To Sanction Counsel
The Chester Water Authority has urged a Pennsylvania bankruptcy court to reject the city's bid to recover about $140,000 in attorney fees as sanctions, arguing any delay in producing documents was necessary to comply with a state confidential information law.
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August 21, 2025
Pa. Firm Lacked Standing To Sue Legal Malpractice Insurer
A Philadelphia law firm that dropped its bad faith lawsuit against its insurer was not a true legal entity and never had standing to sue for coverage of a legal malpractice case that ended in a $600,000 judgment, a Pennsylvania federal judge ruled Thursday.
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August 21, 2025
Judge Finds Habba Unlawfully Serving As NJ's US Atty
Alina Habba, President Donald Trump's former personal attorney and his pick to remain the U.S. attorney for the District of New Jersey, was unlawfully given an extension of her temporary post after her "interim" appointment expired, a Pennsylvania federal judge ruled Thursday.
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August 21, 2025
Foundry Exec Says Hong Kong Partner Took $1.3M By Fraud
A Pennsylvania consultant and foundry executive claims he was fooled into sending his Hong Kong business partner $1.3 million from the sale of a machine shop, then pushed out of their joint venture without being repaid, according to a lawsuit filed in state court Wednesday.
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August 20, 2025
17 States, DC Urge FDA To Lift Mifepristone Restrictions
Seventeen states and the District of Columbia Wednesday joined four others in urging the U.S. Food and Drug Administration to lift restrictions on the abortion drug mifepristone, saying that data their health departments collected overwhelmingly back the drug's safety.
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August 20, 2025
Judge OKs $675K Deal In Schnader Harrison ERISA Suit
A Pennsylvania federal judge has given preliminary approval to a $675,000 settlement of claims that former Schnader Harrison Segal & Lewis LLP allegedly misdirected money meant for attorneys' retirement accounts to stay afloat.
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August 20, 2025
Judge Keeps Yale-Prospect Medical Sale Feud In Ch. 11 Court
A Texas bankruptcy judge on Wednesday paused Yale New Haven Health Services Corp.'s request to reopen a $435 million Connecticut feud over a deal to purchase three hospitals from debtor Prospect Medical Holdings Inc., saying she first wants to hear Prospect's plan to repair the troubled contract.
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August 20, 2025
Reinsurer Must Face Investors' Omission Suit, 3rd Circ. Says
The Third Circuit Wednesday wiped out Maiden Holdings' summary judgment win over investors accusing the reinsurance company of misrepresenting its underwriting and risk management practices, saying the district court misapplied U.S. Supreme Court precedent regarding the materiality of withheld information.
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August 20, 2025
Feds Lose Bid To Seal In Vax Patent Case Against Moderna
The U.S. government has failed to show why names and contact information of certain U.S. Department of the Army employees should be hidden in an mRNA vaccine developer's $5 billion patent suit over Moderna's COVID-19 vaccines, a federal judge has found.
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August 20, 2025
Honeywell Ex-Worker Appeals 401(k) Forfeiture Suit Toss
A former employee for Honeywell will seek Third Circuit review of a New Jersey federal judge's decision to toss a proposed class action alleging Honeywell violated federal benefits law by putting 401(k) forfeitures toward employer-side contribution obligations instead of defraying administrative expenses.
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August 20, 2025
State AGs Sidelined From Sandoz Price-Fixing Deal
A group of over 40 states and territories cannot intervene in a $275 million settlement resolving generic-drug price-fixing claims against Sandoz because they only have a nominal interest in the suit that fails to confer standing, a Pennsylvania federal judge said.
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August 20, 2025
CVS PBM Overbilling Judgment Trebled To $289M
A Pennsylvania federal judge has increased threefold a judgment against CVS Caremark from $95 million to $289 million for overbilling Medicare Part D-sponsored drugs.
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August 19, 2025
Ex-Holland & Knight Atty Wants Another Depo From Ex-Wife
A former Holland & Knight LLP partner battling Pennsylvania personal injury firm Fritz & Bianculli LLC in litigation stemming from an affair and his messy divorce has pushed for his ex-wife to sit for another deposition, arguing that she wrongly refused to answer relevant questions when she was first deposed.
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August 19, 2025
Nonprofits, Union Fight Withholding Of AmeriCorps Funds
A group of nonprofits and a union added claims to their suit in Maryland federal court aiming to stop the Trump administration from dismantling AmeriCorps, accusing the Office of Management and Budget of unlawfully withholding millions of dollars appropriated by Congress for grant programs.
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August 19, 2025
3rd Circ. Upholds Conviction After Traffic Stop 'Small Talk'
A man sentenced to 10 years in prison after police found guns and drugs in his car during a traffic stop can't have the evidence suppressed even though the police engaged him in small talk unrelated to the stop, the Third Circuit affirmed Tuesday, finding that the rapport-building conversation was warranted.
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August 19, 2025
21 AGs Push DEA To Schedule 'Designer Xanax'
Kentucky Attorney General Russell Coleman and 20 other state attorneys general are urgently asking the U.S. Drug Enforcement Administration to schedule an unregulated substance known as "designer Xanax" under the Controlled Substances Act, saying it is contributing to overdose deaths and posing a growing threat to public health.
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August 19, 2025
Prospect Medical Says Yale Deal Is Top Offer For Hospitals
Hospital operator Prospect Medical Holdings Inc. has asked to assume a $435 million pre-bankruptcy agreement to sell its three Connecticut hospitals to Yale New Haven Health Services Corp., arguing it contains the "highest possible recovery" for its creditors.
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August 19, 2025
Generic-Drug Makers To Pay $71M To End Price-Fixing Claims
Glenmark Pharmaceuticals Inc. USA has offered to pay approximately $38 million, and Pfizer Inc. and its generic-drug unit Greenstone LLC have promised to pay roughly $33 million, to settle price-fixing claims by the direct purchasers of generic drugs.
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August 19, 2025
Ex-Judge Gets Law License Back After Bribery Suspension
A former Philadelphia Municipal Court judge can practice law in Pennsylvania again following a split state Supreme Court decision to reinstate his license that had been suspended after he admitted to accepting $90,000 to drop out of a congressional election.
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August 19, 2025
Pa. Justices OK Lower Court's Test For When Posts Are Public
A split Pennsylvania Supreme Court endorsed a lower court's proposed test for whether an elected official's personal social media messages are subject to the state's open records law, with the majority agreeing the posts should only be considered public if they have the "trappings" of a government record.
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August 18, 2025
NJ Feds Say Habba's US Atty Role Unusual, But Not Unlawful
Acting U.S. Attorney Alina Habba on Monday doubled down on her argument that President Donald Trump legally appointed her New Jersey's top federal prosecutor, telling a federal judge that this is simply "an unusual situation" created when the district court last month refused to extend her interim tenure.
Expert Analysis
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Conflicting Developments In Homelessness Legal Landscape
Looking at an executive order and Third Circuit opinion from last month highlights the ongoing tension in homelessness-related legal issues facing state and local governments, property owners, and individuals experiencing homelessness, says Josh Collins, an attorney for the City of South Salt Lake.
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Opinion
Bar Exam Reform Must Expand Beyond A Single Updated Test
Recently released information about the National Conference of Bar Examiners’ new NextGen Uniform Bar Exam highlights why a single test is not ideal for measuring newly licensed lawyers’ competency, demonstrating the need for collaborative development, implementation and reform processes, says Gregory Bordelon at Suffolk University.
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A Simple Way Courts Can Help Attys Avoid AI Hallucinations
As attorneys increasingly rely on generative artificial intelligence for legal research, courts should consider expanding online quality control programs to flag potential hallucinations — permitting counsel to correct mistakes and sparing judges the burden of imposing sanctions, say attorneys at Lankler Siffert & Wohl and Connors.
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The Evolving Legal Landscape For THC-Infused Beverages
A recent Eighth Circuit ruling, holding that states may restrict the sale of intoxicating hemp-derived products without violating federal law, combined with ongoing regulatory uncertainty at both the federal and state levels, could alter the trajectory of the THC-infused beverage market, say attorneys at Pashman Stein.
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Series
Creating Botanical Art Makes Me A Better Lawyer
Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.
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2 Circuit Court Rulings Offer A Class Certification Primer
Two recent decisions from the Third and Sixth Circuits provide guidance on the rigorous analysis of predominance that courts might require for class certification, and insights into how defendants might oppose or narrow potential class actions, say attorneys at DLA Piper.
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Supreme Court's Criminal Law Decisions: The Term In Review
Though the U.S. Supreme Court’s criminal law decisions in its recently concluded term proved underwhelming by many measures, their opinions revealed trends in how the justices approach criminal cases and offered reminders for practitioners, says Kenneth Notter at MoloLamken.
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Compliance Is A New Competitive Edge For Mortgage Lenders
So far, 2025 has introduced state and federal regulatory turbulence that is pressuring mortgage lenders to reevaluate the balance between competitive and compliant employee and customer recruiting practices, necessitating a compliance recalibration that prioritizes five key strategies, say attorneys at Mitchell Sandler.
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Opinion
The Legal Education Status Quo Is No Longer Tenable
As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.
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E-Discovery Quarterly: Rulings On Relevance Redactions
In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.
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Opinion
Section 1983 Has Promise After End Of Nationwide Injunctions
After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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Lessons On Parallel Settlements From Vanguard Class Action
A Pennsylvania federal judge’s unexpected denial of a proposed $40 million settlement of an investor class action against Vanguard highlights key factors parties should consider when settlement involves both regulators and civil plaintiffs, say attorneys at Ropes & Gray.
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.