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February 09, 2024
2023 Patent Litigation: A Year In Review
Attorneys filed fewer patent suits in district courts in 2023 than in any year for more than a decade, and the amount of America Invents Act petitions at the Patent Trial and Appeal Board fell to a 10-year low as well. The Western District of Texas also lost its place as the most popular patent litigation venue in the U.S. in 2023, with the Eastern District of Texas overtaking it.
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February 09, 2024
'Not Walmart': Ex-McElroy Deutsch CFO Must Face Theft Suit
A New Jersey state judge on Friday declined to remove McElroy Deutsch Mulvaney & Carpenter LLP's former chief financial officer from a suit accusing him and his wife of stealing more than $3 million, noting that the heightened ethical duty imposed on law firms justifies keeping the claims alive.
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February 09, 2024
NJ Courts Reject Liability In Ex-Judge's Harassment Suit
The New Jersey Administrative Office of the Courts asked a state court to remove it as a defendant from a municipal court administrator's sexual harassment suit against a former municipal judge, saying the parties were not employees of the AOC.
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February 09, 2024
NJ Attorney Gets 3-Month Suspension For Misleading Ads
A New Jersey-based attorney was hit with a three-month suspension by the Supreme Court of New Jersey's Disciplinary Review Board after it found that he engaged in improper advertising by directly mailing potential clients solicitation letters featuring inaccurate and missing information.
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February 09, 2024
What To Know About 'Novel' Johnson & Johnson ERISA Suit
A new lawsuit from a Johnson & Johnson worker claims the company violated federal law by letting pharmacy benefit manager Express Scripts overcharge health plan participants for drugs, potentially signaling that fee litigation under the Employee Retirement Income Security Act is shifting focus from retirement savings to health benefits, attorneys say.
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February 08, 2024
IP Forecast: 2nd Circ. To Hear TM Fight Over Whiskey Bottles
The Second Circuit will consider whether a jury in the Southern District of New York was wrong to decide that the shape of bottles used by the Bulleit bourbon brand is distinctive enough to be protected by trademark law. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.
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February 08, 2024
FDA Settles Allegations Of Uneven Blood Treatment Standards
The U.S. Food and Drug Administration has settled a pharmaceutical company's lawsuit in D.C. federal court accusing the agency of subjecting the company's blood-clotting medication to costly clinical trials and higher standards than its competitors' products were required to meet.
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February 08, 2024
NJ, Ft. Lee Mayor Fail To Merge NY Congestion Pricing Suits
A federal judge on Thursday rejected a bid to consolidate two lawsuits — one filed by New Jersey, the other by the mayor of a Garden State town — seeking to halt New York City's congestion pricing toll plan, ruling that the suits make similar claims but seek different remedies.
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February 08, 2024
Mich. Counties Sue Drug Giants Over Insulin Prices
Several Michigan counties on Wednesday accused some of the world's largest drugmakers, retailers and pharmacy benefit managers of scheming to inflate insulin prices and costing the municipalities millions of extra dollars in healthcare costs for their employees and retirees.
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February 08, 2024
NJ Superior Court Hopefuls Greenlighted By Senate Panel
The New Jersey Senate's Judiciary Committee on Thursday advanced three nominees for the short-staffed state Superior Court who have served in local government and approved the formal nomination of Essex County's acting prosecutor of six years.
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February 08, 2024
Ex-NJ Judge Suspended From Law Practice Over Groping
The New Jersey Supreme Court handed down a one-year suspension from practicing law to a former North Bergen municipal court judge who was previously permanently barred from being a judge for groping a woman and being dishonest about the incident in the judicial ethics case against him.
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February 08, 2024
Ex-Billing Manager Says NJ Firm Put Fees Over Clients
A former billing manager for the New Jersey personal injury firm Brandon J. Broderick Attorney At Law claims she was fired for insisting that the firm's clients receive the most money possible from their settlements, according to a lawsuit filed in New Jersey state court.
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February 08, 2024
Justices Rule Gov't Agencies Not Immune From FCRA Suits
The U.S. Supreme Court ruled Thursday that a person can sue a government agency under the Fair Credit Reporting Act, because the law's 1970 definition of a "person" was sufficient to waive the government's immunity.
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February 07, 2024
Hose Co. Says Patent Battle Raises Ethical Questions
A company that sells flexible, retractable hoses has told the director of the U.S. Patent and Trademark Office that a rival's latest legal maneuver in their decadelong patent war "presents a substantial threat to the integrity of the patent system."
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February 07, 2024
EDTX Eclipses WDTX As Top Patent Venue
The Eastern District of Texas in 2023 surpassed the state's Western District as the most popular venue for patent litigation nationally, now that patent cases are no longer automatically assigned to a prominent judge in Waco, according to new data from Lex Machina.
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February 07, 2024
NJ Court Upholds Cop's $1.5M Verdict In Military Bias Suit
A New Jersey appellate court rejected a bid by a Jersey shore town and its police department for a new trial on claims that it didn't promote one of its police officers because he was in the military, upholding a $1.5 million verdict and $600,000 in attorney fees in favor of the former officer.
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February 07, 2024
6th Circ. Won't Rehear Fight Over FERC's Price-Cap Rule
The Sixth Circuit on Wednesday declined to rehear its December price cap ruling that power supplier groups said is being misconstrued by the Federal Energy Regulatory Commission to argue that the D.C. Circuit's ability to act on related litigation is limited.
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February 07, 2024
3rd Circ. Says Bankruptcy Claim Didn't Break Small Loan Law
The Third Circuit said Wednesday that a debt collector didn't violate a law prohibiting extortionate rates on small loans by seeking to collect the balance of a man's debts through a claim in his bankruptcy after it had been written off by his original lender.
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February 07, 2024
GOP Sens. Probe 3rd Circ. Pick's Ties To Rutgers Program
Republicans on the Senate Judiciary Committee are looking into a Rutgers Law School program at the center of their objections to the president's nominee for the Third Circuit, who would be the first Muslim federal appeals court judge if confirmed.
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February 07, 2024
NJ Cop Union Agrees Gun Law Doesn't Disturb State Pot Law
The New Jersey State Policemen's Benevolent Association said Wednesday that a federal gun control law and the state's cannabis legalization law don't clash with each other, supporting the state attorney general and police's bid to toss Jersey City's suit in federal court.
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February 07, 2024
NJ Panel Backs Retired Cops In Health Insurance Dispute
Retired police officers for a New Jersey township are entitled to full healthcare benefits without premium payments under a collective bargaining agreement, a state appellate panel ruled Wednesday, upholding an arbitration decision in the police officers' union's favor.
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February 07, 2024
Worker Says J&J Mismanaged Prescription Benefits
A Johnson & Johnson employee told a New Jersey federal court in a proposed class action that workers were overcharged for prescription drug benefits, including through an expensive contract with pharmacy benefits manager Express Scripts.
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February 07, 2024
Ex-NJ Judge Says Femininity Bias Keeps Workplace Suit Alive
A former New Jersey state judge called on a federal court Tuesday to reject court officials' bid to dismiss the remaining claims in her workplace discrimination lawsuit, arguing that her superiors' attitude about her pricey handbags and jewelry amounts to gender bias.
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February 07, 2024
Fox Rothschild Must Face Visa Malpractice Suit, Court Told
Two men who claim they were scammed after hiring Fox Rothschild LLP for immigration work have asked a New Jersey federal court to reject the firm's dismissal bid, saying their racketeering suit should proceed because the firm's "culture of corruption" allegedly led to such brazen fraud that it may even merit criminal prosecution.
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February 07, 2024
Third-Party Litigation Funding Rule Gets Cold Shoulder In NJ
A New Jersey Supreme Court committee has shot down a proposal to mandate disclosure of third-party litigation funding agreements in civil cases, saying drafting such a rule could be difficult.
Expert Analysis
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6th Circ. Ruling's Seismic Shift In FCA Kickback Causation
It is difficult to overstate the significance of the Sixth Circuit’s recent decision in the False Claims Act kickback case U.S. v. Hathaway, which shifts the government's burden of proof by adopting a more defense-friendly causation standard and curbing an expansive definition of remuneration, say attorneys at Morgan Lewis.
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3rd Circ. Ruling Offers Tools To Manage Exempt Employees
The Third Circuit’s recent opinion in Higgins v. Bayada Home Health, finding the Fair Labor Standards Act allows employers to deduct paid time off for missed employee productivity targets, gives companies another resource for managing exempt employee inefficiency or absenteeism, says Laura Lawless at Squire Patton.
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3rd Circ. Samsung Opinion Is A Plaintiffs' Arbitration Playbook
The Third Circuit's recent precedential opinion in White v. Samsung exemplifies language plaintiffs can use when a defendant delays in moving to compel arbitration — and its criticism of pro-arbitration rules invented by other courts can also help plaintiffs avoid the dispute resolution method altogether, say Raphael Janove and Josh Brooks at Pollock Cohen.
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Navigating High Court's Options In Insurer Choice Of Law
Depending on how the U.S. Supreme Court approaches the question of when insurers may invoke choice-of-law clauses in maritime contracts to dodge state-specific liability, the Great Lakes v. Raiders Retreat Realty decision may mean significant changes not only for admiralty law disputes, but for the insurance industry more broadly, say Lara Cassidy and Adriana Perez at Hunton.
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How Cannabis Cos. Can Comply With NJ Industrial Site Law
As New Jersey’s recreational cannabis market flourishes, manufacturers that may be subject to a state environmental law must take extra precautions to mitigate potential liabilities and costs, including for historical contamination, says Matthew Karmel at Offit Kurman.
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Opinion
Federal Judge's Amici Invitation Is A Good Idea, With Caveats
An Arkansas federal judge’s recent order — inviting amicus briefs in every civil case before him — has merit, but its implementation may raise practical questions about the role of junior attorneys, economic considerations and other issues, says Lawrence Ebner at the Atlantic Legal Foundation.
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Fox Ex-Producer Case Is A Lesson In Joint Representation
A former Fox News producer's allegations that the network's lawyers pressured her to give misleading testimony in Fox's defamation battle with Dominion Voting Systems should remind lawyers representing a nonparty witness that the rules of joint representation apply, says Jared Marx at HWG.
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And Now A Word From The Panel: Baseball And MDLs
With the Judicial Panel on Multidistrict Litigation meeting on MLB opening day, Alan Rothman at Sidley explores connections between the national pastime and MDL, including sports-related proceedings in the areas of antitrust, personal injury, and marketing and sales.
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Opinion
Stanford Law Protest Highlights Rise Of Incivility In Discourse
The recent Stanford Law School incident, where students disrupted a speech by U.S. Circuit Judge Kyle Duncan, should be a reminder to teach law students how to be effective advocates without endangering physical and mental health, says Nancy Rapoport at the University of Nevada.
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The Road Ahead For Crypto Legislation In New Jersey
New Jersey is positioned to adopt seminal legislation regarding cryptocurrency-focused businesses that operate in the state, and due to the breadth of materials that the act considers digital assets, any practitioner dealing within this space should prepare application materials now, say Felix Shipkevich and Katherine McEnroe at Shipkevich.
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Dispute Prevention Strategies To Halt Strife Before It Starts
With geopolitical turbulence presenting increased risks of business disputes amid court backlogs and ballooning costs, companies should consider building mechanisms for dispute prevention into newly established partnerships to constructively resolve conflicts before they do costly damage, say Ellen Waldman and Allen Waxman at the International Institute for Conflict Prevention and Resolution.
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Defamation Alternatives For Suing Hoax Social Media Users
A recent proliferation of false or hoax social media content has targeted public figures and corporate accounts, and for plaintiffs seeking redress there are three types of claims that may be less-risky alternatives to defamation and libel litigation, say Charles Schafer and Ross Kloeber at Sidley.
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Practical Skills Young Attorneys Must Master To Be Happier
For young lawyers, finding happiness on the job — with its competitive nature and high expectations for billable hours — is complicated, but three skills can help them gain confidence, reduce stress and demonstrate their professional value in ways they never imagined, says career counselor Susan Smith Blakely.
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4 Ways State Oversight May Change Nationwide Health Deals
With California soon to become the most recent state to increase its oversight of health care mergers, acquisitions and investments, attorneys should consider how these updated state regulations may increase the costs, timelines and disclosure requirements for national deals, say John Saran and Jaclyn Freshman at Ropes & Gray.
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Pending NCAA Ruling Could Spell Change For Unpaid Interns
The Third Circuit's upcoming Johnson v. NCAA decision, over whether student-athletes can be considered university employees, could reverberate beyond college sports and force employers with unpaid student interns to add these workers to their payrolls, say Babak Yousefzadeh and Skyler Hicks at Sheppard Mullin.