• December 05, 2023

    Lending Co. Best Egg Looks To Arbitrate Predatory Loans Suit

    Online lender Best Egg has moved to compel arbitration of a proposed class action accusing the company of raking in millions of dollars by charging borrowers unlawfully high interest rates, arguing the plaintiffs "indisputably assented" to loan agreements containing arbitration provisions.

  • December 05, 2023

    3rd Circ. Affirms Arbitration Denial In MicroBilt FCRA Suit

    A three-judge Third Circuit panel on Tuesday upheld a New Jersey court's decision denying credit reporting company MicroBilt's request to compel arbitration in the case of a woman who sued the company for denying her a loan when it mistook her for someone on a government watch list.

  • December 05, 2023

    Pa. Justices Won't Review Hospitals' Denied Tax Exemptions

    The Supreme Court of Pennsylvania won't review a lower court's finding that a trio of hospitals in Chester County paid too much in "management fees" and executive salaries to be considered tax-exempt nonprofits, the court said Tuesday.

  • December 05, 2023

    Judge Drops EY's German Unit From Wirecard Investor Suit

    A Pennsylvania federal judge dropped the German unit of Ernst & Young for a second time from a proposed class action accusing it and failed online payments company Wirecard AG of misleading investors about Wirecard's financial viability, ruling that the investors have not established the court has jurisdiction over the German entity.

  • December 05, 2023

    Panera Hit With Second 'Charged Lemonade' Death Suit

    Panera Bread Co. is being sued in Delaware state court over claims that its "Charged Lemonade" drink is responsible for a patron's death, less than two months after it was hit with a similar suit in federal court over another patron's death.

  • December 05, 2023

    Private Equity Firm Can't Opt Out Of $110M Settlement Late

    A Pennsylvania federal judge denied a private equity firm’s late bid to opt out of a nearly $110 million class action settlement over a life insurance company’s rate hikes, finding that accepting the firm’s bid, submitted six weeks after the opt-out deadline, would “render class action settlement opt-out deadlines meaningless.”

  • December 05, 2023

    App Maker Says Faux Atty Lied In Prisoner-Transport Biz Buy

    A cryptocurrency influencer and owner of a Pittsburgh-based AI app company said his former chief investment officer faked his bona fides as an attorney and pilot when enticing him to buy a Colorado prisoner-transport company, then backed out of the business and sabotaged its prospects, according to a lawsuit filed in Pennsylvania state court.

  • December 04, 2023

    Pa. Court Told Overdose Prevention Org. Has Religious Views

    An attorney for an overdose prevention nonprofit told a Pennsylvania federal judge Monday that the government is seeking a ruling that would force drug users onto the street and violate the Philadelphia nonprofit's right to exercise its religious beliefs.

  • December 04, 2023

    Federal Jury To Decide Fate Of Ex-Philly Labor Leader

    The embezzlement trial of International Brotherhood of Electrical Workers Local 98 business manager John Dougherty wrapped up Monday with prosecutors restating their claims to a Philadelphia federal jury that Dougherty stole hundreds of thousands of dollars from the union he was duty-bound to protect to pay for home improvements, concert tickets, expensive suits, and other luxuries.

  • December 04, 2023

    Candidate Says Pa. Mail-In Ruling Changed Election Results

    A candidate for a Montgomery County, Pennsylvania, election said a federal court's order to count undated mail-in ballots had changed the outcome of his race and entitled him to join an upcoming appeal, but the plaintiffs told the court Monday that his request for a stay was too late.

  • December 04, 2023

    Jones Day And Former Client Spar Over $678K In Fees

    Jones Day and a one-time client have gone to court in competing lawsuits, with the client — Ambassador Enterprises LLC and two of its entities — accusing the firm of charging an unreasonable fee in Indiana and the firm firing back in a breach of contract suit seeking to recover its nearly $700,000 bill in Pennsylvania. 

  • December 04, 2023

    Caterpillar Pushes Again For Sanctions In Antitrust Suit

    Caterpillar is moving for sanctions in its long-running antitrust dispute with International Construction Products, telling a Delaware federal judge that the now-defunct equipment supplier, which is accusing Caterpillar of tortious interference and boycott claims, failed to preserve important documents as employees left and the company shuttered.

  • December 04, 2023

    Atty Wants Firm Accounting Case Back In Pa. State Court

    A former partner of the Marsh Law Firm PLLC suing its founder over allegations of financial malfeasance has urged a Pennsylvania federal judge to send the case back to the state court where it was originally filed, telling the court it lacks sufficient jurisdiction to adjudicate the intrafirm dispute.

  • December 04, 2023

    Catching Up With Delaware's Chancery Court

    Blockchain gaming, lithium-battery production, nutrition supplements and Activision's $68.7 billion sale to Microsoft — nothing is too big or complicated for Delaware's Chancery Court to put on its agenda. The year is winding down, but things haven't slowed in the nation's top court of equity. Check here for all the latest news from the Chancery Court.

  • December 01, 2023

    Trump Can't Invoke Presidential Immunity In Jan. 6 Case

    A District of Columbia federal judge on Friday firmly rejected Donald Trump's argument that "presidential immunity" shields him from the criminal charges stemming from allegations of election interference in 2020, ruling that Trump doesn't enjoy a "lifelong 'get-out-of-jail-free' pass" just because he was president.

  • December 01, 2023

    Justices Call O'Connor 'American Hero,' 'Perfect Trailblazer'

    Following news of retired U.S. Supreme Court Justice Sandra Day O'Connor's death at the age of 93, current and former high court justices paid public homage to her trailblazing career, devotion to the rule of law and illuminating charisma.

  • December 01, 2023

    Philly Child Welfare Agency Sued Over Baby's Death

    A Philadelphia-based community umbrella agency responsible for providing foster care and child welfare services has been hit with a wrongful death suit over an alleged failure to safeguard an infant by allowing her to stay in a home where she was tortured and killed.

  • December 01, 2023

    Former Clerks Say Justice O'Connor Still Worth Emulating

    BigLaw attorneys mentored by former U.S. Supreme Court Justice Sandra Day O'Connor, who died Friday after a lengthy battle with dementia, say she'll be remembered as an incisive jurist who always put facts and practical considerations above abstract ideological commitments, as well as a deeply gracious and down-to-earth woman who never let her dedication to the law overshadow her zest for life.

  • December 01, 2023

    3rd Circ. Lets Rule Stand In Case Where FERC Deadlocked

    The Third Circuit on Friday upheld a rule change allowing the nation's largest grid operator to no longer require state-backed renewable energy sources to meet a price floor in electricity capacity auctions, holding that the appellate court can review the Federal Energy Regulatory Commission deadlock that allowed the rule to take effect.

  • December 01, 2023

    Injured Cyclist Says USAA Can't Ax Bad Faith Claim

    An injured cyclist has urged a Pennsylvania federal judge to keep his revised bad faith claim alive in a coverage dispute with his insurer, USAA Casualty Insurance Co., after he was hit in 2019 by an uninsured driver who ran a red light, saying discovery is needed to determine why it refused to pay the policy limits.

  • December 01, 2023

    Pa. 'Skill Games' Ruling Could Chill Gambling Crackdowns

    A state appellate court's ruling that "Pennsylvania Skill Games" aren't illegal gambling could have repercussions for the state's legal gambling industry, enforcers hunting illegal gambling machines, and "skill games" operators around the country, attorneys told Law360 Friday.

  • December 01, 2023

    Pa. Judge Approves $300K Deal In Philly Pops Benefits Row

    A Pennsylvania magistrate judge approved a $300,000 settlement between a Philadelphia-based orchestra and a musicians' union, resolving the union's claims that the orchestra owed wages and benefits contributions for a holiday program in 2022.

  • December 01, 2023

    3 December Argument Sessions Benefits Attys Should Watch

    Physicians' groups will ask the Sixth Circuit to reinstate their suit claiming the federal government is illegally forcing them to provide gender transition-related care, while American Airlines pilots will try to get their military leave class action back on track at the Third Circuit. Here, Law360 looks at three appellate argument sessions that should be on benefits attorneys' radar in December.

  • December 01, 2023

    Pa. Judge Says Civil Rights Case Over Atty Contempt Is Moot

    A Pennsylvania state court judge asked a federal court to pass on the civil rights suit an attorney filed against him after being jailed for contempt of court, arguing that a state appellate court could handle the lawyer's concerns and there was no chance that the original contempt would land him back in jail.

  • December 01, 2023

    4 Decisions For Which Justice O'Connor Will Be Remembered

    Many of the hotly divided cases at the U.S. Supreme Court came down to Justice Sandra Day O’Connor, a central force on the bench whose savviness at striking compromises and taking a pragmatic approach to resolve disputes is on full display in four opinions.

Expert Analysis

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Pa. Court's Venue Ruling Is Likely To Worsen Forum Shopping

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    The Pennsylvania Supreme Court’s recent Hangey v. Husqvarna decision claims to narrowly clarify the standard for evaluating whether a venue is proper, but has broader implications that are likely to exacerbate the forum-shopping problem that already plagues corporate defendants in Pennsylvania, says Stefanie Pitcavage Mekilo and Joseph Schaeffer at Babst Calland.

  • Pa. City Ch. 9 Ruling Raises Municipal Financing Concerns

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    A Pennsylvania district court’s recent ruling in a Chapter 9 case filed by the city of Chester, Pennsylvania, strengthens the foundations of the municipal bond market, but also demonstrates that bankruptcy courts continue to struggle with some of the features of municipal revenue bonds and issue rulings that contradict market expectations, say attorneys at Cadwalader.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • And Now A Word From The Panel: Tracking MDL Geography

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    In recent years, the Judicial Panel on Multidistrict Litigation has predominantly selected states east of the Mississippi River as venues for new MDLs — but with half of the proceedings it has created in recent months venued in Arizona and California, the panel is not neglecting the western part of the country, says Alan Rothman at Sidley.

  • Pa. Ruling Shows Why Term Sheet Can Be Worth The Wait

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    A Pennsylvania bankruptcy court’s recent In re: Legarde ruling, holding that a settlement term sheet was enforceable, reminds litigants that it’s crucial to draft a written agreement before leaving mediation in order to resolve potential evidentiary issues and protect against buyer’s remorse, says Brian Shaw at Cozen O'Connor.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • An Overview Of Circuit Courts' Interlocutory Motion Standards

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    The Federal Arbitration Act allows litigants to file an immediate appeal from an order declining to enforce an arbitration agreement, but the circuit courts differ on the specific requirements for the underlying order as well as which motion must be filed, as demonstrated in several 2023 decisions, says Kristen Mueller at Mueller Law.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • What Cos. Should Know About FTC's Proposed Junk Fee Rule

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    The Federal Trade Commission recently announced a notice of proposed rulemaking targeting junk fees and how businesses may advertise prices to consumers — and since it would give the agency powers to seek monetary penalties against businesses that do not comply, companies should look to get ahead now, say Phyllis Marcus and Nicole Johnson at Hunton Andrews.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

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