In a landmark ruling with far-reaching consequences for federal agencies and the regulated community, the Supreme Court overturned the 40-year-old Chevron doctrine. Loper Bright Enterprises v. Raimondo, decided on June 28,...more
On 27 June 2023, in a plurality opinion authored by Justice Gorsuch, the United States Supreme Court issued its ruling in Mallory v. Norfolk Southern Railway Co., holding that a company’s decision to register to do business...more
The long-running dispute over the constitutionality of Pennsylvania’s consent-by-registration scheme persists. On 25 April 2022, the U.S. Supreme Court granted certiorari in Mallory v. Norfolk Southern Railway Co. In Mallory,...more
In a highly anticipated decision, the Pennsylvania Supreme Court closed out 2021 by striking down Pennsylvania’s consent-by-registration statutory scheme that held that an out-of-state business consented to general personal...more
Defendants seeking to remove cases from Pennsylvania state courts to federal courts using “snap” removal will have to file their removal papers more quickly as a result of an amendment to Pennsylvania’s service rules that...more
The Pennsylvania Supreme Court has confirmed that the “discovery rule” is only a narrow exception to the statute of limitations, but the court has hinted that changes might be coming that would toll the running of the statute...more
The debate as to whether companies registered to do business in Pennsylvania have consented to general personal jurisdiction continues, and the issue is finally before the Pennsylvania Supreme Court. As we have discussed in...more
On June 25, an en banc panel of the Pennsylvania Superior Court issued its long-awaited decision in Murray v. American LaFrance LLC. At stake was the question of whether, under Pennsylvania’s unique statutory framework,...more
The Pennsylvania Supreme Court has clarified the work-product immunity in a way that broadens what can be protected and narrows how the immunity may be waived....more
State and federal courts in Pennsylvania are grappling with whether an out-of-state corporation’s registration to do business in Pennsylvania amounts to consent to general personal jurisdiction, with the Third Circuit and the...more
Appeals happen. Maybe you won in the trial court and the other side wants to challenge, or maybe you lost (but that must have been a mistake, right?). Either way, you need to preserve your arguments and prepare for an appeal...more
In Radha Geismann, M.D., P.C. v. ZocDoc, Inc., the Second Circuit declined to allow the defendant-appellee to moot a putative class action by depositing $20,000—in full settlement of the plaintiff-appellant’s individual...more
It is common for courts to trim attorney’s fee awards when they conclude that fee petitions are excessive or poorly documented, but the Third Circuit has recently made clear that courts may go much further and deny fees...more
In the midst of trial, lawyers have a great many immediate tasks — questioning witnesses, presenting documentary evidence, arguing evidentiary points, persuading jurors, and much more — but they must also keep an eye on the...more
Introduction - It is understandable that the press and legal commentators are focused on Judge Brett Kavanaugh’s jurisprudence and writings following his nomination to the Supreme Court....more
7/18/2018
/ Fair Share Contribution ,
First Amendment ,
Internet Retailers ,
Janus v AFSCME ,
Out-of-State Companies ,
Physical Presence Test ,
Public Sector Unions ,
Quill ,
Sales & Use Tax ,
SCOTUS ,
South Dakota v. Wayfair ,
Stare Decisis ,
Union Dues
The U.S. Supreme Court has avoided an opportunity to explain how opinion readers should interpret the Court’s fractured decisions in which no opinion garners a majority of the justices’ votes....more
How do the lower courts apply a Supreme Court decision when there is no majority opinion to serve as precedent?
This problem happens more often than one would think: Four justices take part in a plurality opinion, and one...more
The 2016–2017 U.S. Supreme Court term will be remembered for decisions on splashier subjects, but for the business community, the personal-jurisdiction decisions in BNSF Railway Co. v. Tyrrell and Bristol-Myers Squibb Co. v....more
Almost any business whose products or services reach customers in multiple states knows that there are some jurisdictions thought to be friendlier to plaintiffs. Plaintiffs’ lawyers know about those jurisdictions too, and...more