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New Jersey
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February 26, 2024
Clement, Prelogar Odd Bedfellows In Social Media Showdown
After GOP-led states targeted perceived stifling of conservative voices on social media, Monday's oral arguments at the U.S. Supreme Court could have featured predictable partisan fissures. But the case instead illustrated that legal ideology in the digital age is sometimes surprising.
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February 26, 2024
Justices Say Social Media Speech Laws Pose 'Land Mines'
The U.S. Supreme Court seemed skeptical Monday of the constitutionality of Florida and Texas laws prohibiting social media platforms from removing content or users based on viewpoint, but struggled with whether the still-developing records in the lawsuits challenging the regulations could support a meaningful ruling on platforms' First Amendment rights.
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February 26, 2024
Dry Cleaning Magazine In NJ Must Pay $8.2M For Defamation
A dry-cleaning industry publication was hit with an $8.2 million verdict by a New Jersey federal jury on Friday on claims that it ran a yearslong defamation campaign in its magazines against a dry-cleaning supply business and its competing trade publication.
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February 26, 2024
JetBlue, Spirit Tell 1st Circ. $3.8B Deal Is Good For Most Fliers
JetBlue Airways and Spirit Airlines told the First Circuit on Monday that a $3.8 billion merger should not have been blocked because the judge who stopped the sale sought to protect a small, hypothetical subset of travelers to the detriment of the vast majority who stand to benefit from the deal.
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February 26, 2024
3rd Circ. Backs Amtrak's Win In Fired Black Worker's Bias Suit
The Third Circuit declined Monday to revive a Black former Amtrak inspector's racial discrimination suit claiming he was fired out of prejudice, ruling he didn't show bias informed the company's decision to sack him for taking hundreds of dollars in gifts from a contractor.
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February 26, 2024
3 NJ Candidates Sue Over Ballot Layout In Primary Election
U.S. Rep. Andy Kim, who is running against New Jersey first lady Tammy Murphy for the Democratic nomination for U.S. Senate, filed a federal lawsuit Monday seeking a redesign of the primary ballot in June, saying its layout is unfair.
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February 26, 2024
NJ Town Justified Hospital-Only Zone, Appeals Panel Says
A New Jersey municipality may be able to exclude nursing homes from an area zoned for hospitals, a Garden State appeals panel ruled Monday, reasoning that a trial court order disallowing the maneuver relied on case law that's factually distinct.
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February 26, 2024
Kirkland Nabs $14.6M Payout For Cyxtera's Ch. 11
A New Jersey bankruptcy judge on Monday approved $43.8 million in final fee and expense applications for professionals involved in Cyxtera Technologies Inc.'s Chapter 11 case, with almost half the money going to an investment banking firm and roughly $15 million to Kirkland & Ellis LLP.
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February 26, 2024
Ex-Atty's Retaliation Suit Must Go, NJ Atty Ethics Office Says
The New Jersey Office of Attorney Ethics reiterated to a federal court Monday that a retaliation suit from a disbarred attorney lacks the detail needed to go to discovery and ignores the fact that some of the defendants are immune to being sued individually.
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February 26, 2024
NJ, Solvay Push Back Against Town's Bid To Pause PFAS Deal
New Jersey and the American arm of Belgian chemical company Solvay have slammed a Garden State town's bid to pause final approval of a $393 million settlement over "forever chemical" contamination, calling it disingenuous and arguing such a move would only delay the assistance the settlement would provide towns impacted by the pollution.
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February 26, 2024
Black Truck Drivers Can't Revive Race Bias Suit At 3rd Circ.
Two Black truck drivers for a supermarket chain couldn't beat "voluminous evidence" that they were fired for threatening a co-worker who one called a "rat" or a "snitch," the Third Circuit ruled, refusing to revive their suit blaming race bias for their termination.
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February 26, 2024
Justices Pass On Venue Fight In Erie Indemnity Fees Suit
The U.S. Supreme Court on Monday declined to review the Third Circuit's refusal to transfer a case challenging Erie Indemnity Co. management fees from state court back to federal court, preserving the lower court's precedential ruling that the matter does not qualify as a class action under the Class Action Fairness Act.
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February 24, 2024
Up Next At High Court: Social Media Laws & Bump Stocks
The U.S. Supreme Court will hear oral arguments related to three big-ticket cases this week in a pair of First Amendment challenges to Florida and Texas laws prohibiting social media platforms from removing content or users based on their viewpoints and a dispute over the federal government's authority to ban bump stocks.
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February 23, 2024
US Trustee Objects To Rite Aid Disclosure Statement
The U.S. Trustee's Office has flagged what it called "objectionable" proposals from Rite Aid to hold post-confirmation votes on some Chapter 11 plan releases, as well as shortening senior secured voting and preemptively deeming unsecured creditors as detractors.
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February 23, 2024
Rutgers Law Students Rip Classmate's Bias Suit Subpoenas
A pair of Rutgers Law School students asked a New Jersey state court to shut down subpoenas they received as part of a classmate's suit accusing the school of antisemitic bias for opening a disciplinary investigation against him after he spoke out against the same pair of students for allegedly spreading antisemitism.
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February 23, 2024
Ex-Professor Atty Hits NJ University With Retaliatory Firing Suit
New Jersey City University has been slammed with a lawsuit in state court from an attorney and former professor who claims he was demoted and then fired in retaliation for reporting that a former university official allegedly sexually harassed a student.
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February 23, 2024
ACLU Kicks Off Clemency Project To Reduce NJ Incarceration
The American Civil Liberties Union of New Jersey has launched a new initiative aimed at reducing sentences for incarcerated victims of domestic violence and people facing extreme trial penalties, advocating for a framework that calls on the governor to holistically consider injustices facing those groups of people when making decisions on clemency.
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February 23, 2024
Ex-Software Co. Worker Axed For Unpaid Wage Ask, Suit Says
A software company fired an 86-year-old employee after he complained that he was not paid for months of work, the worker alleged in a lawsuit filed in New Jersey state court, saying his former employer owes him more than $16,000 in unpaid wages and $32,000 in damages.
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February 22, 2024
YouTube Privacy Judge 'Flummoxed' By Kids' Liability Theory
A California federal judge indicated Thursday that she's open to trimming a revived proposed class action alleging Google and companies that host child-friendly YouTube channels illegally collected children's data from targeted ads, expressing concerns about the requested relief and saying she's "flummoxed" by the consumers' belated liability theory against the channels' owners.
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February 22, 2024
NYC Doc Charged Over $20M Lab-Fraud Kickback Scheme
A federal grand jury in New Jersey has returned an indictment charging a medical doctor with receiving kickbacks in exchange for ordering medically unnecessary tests from lab companies that submitted roughly $20.7 million in false Medicare claims, the U.S. Department of Justice announced.
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February 22, 2024
3rd Circ. Won't Protect AbbVie's Atty-Client Communications
The Third Circuit has denied AbbVie Inc.'s bid to block a Pennsylvania federal court's order to turn over attorney communications from a patent case allegedly cooked up just to extend the company's monopoly on a testosterone drug, but the appellate court's explanation remained under seal Thursday.
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February 22, 2024
Fire Product Makers Try To Move PFAS Suit To Fed. Court
A group of chemical companies that produce fire suppressants are seeking to move to federal court a suit brought by the Connecticut attorney general looking to rein in the use of PFAS chemicals, saying they are entitled to a federal forum to exercise a "government contractor" defense.
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February 22, 2024
AI Software Co. Hasn't Actually Developed AI, Suit Says
Software and data engineering company Innodata Inc. has been hit with a proposed class action alleging its stock price dropped more than 30% after a financial research firm published a report saying its promised artificial intelligence technology is "smoke and mirrors" and that its marketing claims are like "putting lipstick on a pig."
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February 22, 2024
Bumble Reaches $315K Settlement In Criminal Screening Case
Dating app company Bumble has agreed to pay $315,000 and change its business practices to settle claims brought by New Jersey Attorney General Matthew Platkin that it failed to disclose its criminal background-check screening policies.
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February 22, 2024
NJ Public Defender Gets Partial Win In Atty's Bias Case
A New Jersey state judge on Thursday tossed several allegations against the state's Office of the Public Defender in a suit brought by a former employee alleging that she was forced to resign because of discrimination and a hostile work environment, ruling that she failed to provide the state agency with proper notice of her complaint.
Expert Analysis
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Opinion
Attorneys Should Have An Ethical Duty To Advance DEI
National and state bar associations are encouraging attorneys to apply diversity, equity and inclusion practices in the legal profession and beyond, and these associations should take it one step further by formally recognizing ethical duties for attorneys to promote DEI, which could better the legal profession and society, says Elena Mitchell at Moore & Van Allen.
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Data-Driven Insights Are Key To Attracting Today's Clients
As law firm growth slows and competition for clients increases, modern firms must rely on robust data analytics to develop the sector-based expertise and industry insights that clients increasingly prioritize in relationships with counsel, says Lavinia Calvert at Intapp.
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In Arbitration, Consider The Influence Of State Laws
A California appellate court's recent refusal, based in state law, to compel arbitration in Barraza v. Tesla illustrates the importance of understanding substantive and procedural differences between state arbitration law and the Federal Arbitration Act — and when those distinctions can alter case outcomes, says Richard Mason at MasonADR.
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Ghosting In BigLaw: Why Better Feedback Habits Are Needed
Not giving assignments or constructive criticism to junior associates can significantly affect their performance and hours, potentially leading them to leave the firm, but partners can prevent this by asking the right questions and creating a culture of feedback, says Rachel Patterson at Orrick.
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Rebuttal
Law Needs A Balance Between Humanism And Formalism
A recent Law360 guest article rightly questions the pretextual pseudo-originalism that permits ideology to masquerade as judicial philosophy, but the cure would kill the patient because directness, simplicity and humanness are achievable without renouncing form or sacrificing stare decisis, says Vanessa Kubota at the Arizona Court of Appeals.
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Short Message Data Challenges In E-Discovery
As short message platforms increasingly dominate work environments, lawyers face multiple programs, different communication styles and emoji in e-discovery, so they must consider new strategies to adapt their processes, says Cristin Traylor at Relativity.
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Big Oil Certiorari Denial May Alter Climate Change Litigation
The U.S. Supreme Court's Monday decision not to review a handful of forum disputes in oil industry climate change litigation means that similar cases may face less corporate-friendly state courts, and insurers may see greater defense and damages exposures from Big Oil clients, say Dennis Anderson and Deepa Sutherland at Zelle.
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Opinion
Thomas Report Is Final Straw — High Court Needs Ethics Code
As a recent report on Justice Clarence Thomas' ongoing conflicts of interest makes evident, Supreme Court justices should be subject to an enforceable and binding code of ethics — like all other federal judges — to maintain the credibility of the institution, says Erica Salmon Byrne at Ethisphere.
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The Power Of Product Warranties In TM Suits Over Resales
In recent cases, trademark owners have successfully used product warranty coverage as a material difference exception to defeat unauthorized resellers who claim they are protected by the first sale doctrine — but the application of the exception may be less clear than courts assume, say Leigh Taggart and David Roulo at Honigman.
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Joint Representation Ethics Lessons From Ga. Electors Case
The Fulton County district attorney's recent motion to disqualify an attorney from representing her elector clients, claiming a nonconsentable conflict of interest, raises key questions about representing multiple clients related to the same conduct and highlights potential pitfalls, say Hilary Gerzhoy and Grace Wynn at HWG.
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Lawyer Discernment Is Critical In The World Of AI
In light of growing practical concerns about risks and challenges posed by artificial intelligence, lawyers' experience with the skill of discernment will position them to help address new ethical and moral dilemmas and ensure that AI is developed and deployed in a way that benefits society as a whole, says Jennifer Gibbs at Zelle.
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Opinion
8th Circ. Judge Is Right — Climate Suits Should Be Federal
While the Eighth Circuit recently ruled that Minnesota v. American Petroleum Institute, a climate change lawsuit, belongs in state court, a concurring opinion from one judge on the panel offers a convincing argument that questions involving alleged climate liability can only be resolved at the federal level, says former Maine Attorney General Andrew Ketterer.
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Opinion
It's Time For Lawyers To Stand Up For Climate Justice
The anniversary this week of the Deepwater Horizon disaster offers an opportunity for attorneys to embrace the practice of just transition lawyering — leveraging our skills to support communities on the front lines of climate change and environmental catastrophe as they pursue rebuilding and transformation, says Amy Laura Cahn at Taproot Earth.
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Don't Forget Alumni Engagement When Merging Law Firms
Neglecting law firm alumni programs after a merger can sever the deep connections attorneys have with their former firms, but by combining good data management and creating new opportunities to reconnect, firms can make every member in their expanded network of colleagues feel valued, say Clare Roath and Erin Warner at Troutman Pepper.
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NJ's Natural Resource Damage Order May Be Helpful For Cos.
A recent New Jersey Department of Environmental Protection order clarifying its natural resource damage enforcement practices may finally provide regulated companies with long-sought guidance to assess environmental liability at contaminated sites in a reasonable and cost-effective manner, say attorneys at Archer & Greiner.