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New Jersey
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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.
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February 06, 2024
3rd Circ. Frees Coast Guard From Suit Over Rescue Attempt
The U.S. can't be held civilly liable for the drowning death of a conch fisherman, the Third Circuit ruled Tuesday, saying the seaman's estate could only maintain claims if the U.S. Coast Guard's rescue mission had actually put the man in more danger.
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February 06, 2024
10th Circ. Affirms $4.7M Stryker Loss, But Tosses Fee Award
A Tenth Circuit panel said on Tuesday that medical device maker Stryker is not required to indemnify a Colorado distributor for the cost of winning a lawsuit against it, according to a ruling that upheld a $4.7 million judgment against Stryker but vacated a $2.3 million fee award.
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February 06, 2024
Pacira Touts Stability Upgrade In Pain Drug Patent Trial
A novel manufacturing process that extends the shelf life of the pain reliever Exparel should extend the exclusivity period of the product's patent, Pacira BioSciences Inc. has told a New Jersey judge tasked with weighing infringement claims against generic-drug maker eVenus.
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February 06, 2024
Processor Underpaid Us On Tribal Accounts, Tech Co. Says
A Las Vegas technology company is accusing a payment processor of neglecting an agreement to pay it a portion of interchange fees on merchant transactions, including thousands of dollars made from patrons of tribal hotels, casinos, shops and restaurants.
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February 06, 2024
6th Circ. Backs Becton's Win In Royalties Suit
An inventor of medication valves failed to convince the Sixth Circuit to revive his suit alleging that Becton Dickinson & Co. owes him two years' worth of royalties, with the appellate court reasoning Tuesday that a district court properly interpreted the licensing agreement's payout time limit on his patent.
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February 06, 2024
Ex-Seton Hall Prez Says School Stood By As Chair Retaliated
Seton Hall University's former president has launched explosive whistleblower claims alleging the school failed to act on his multiple concerns about the school's former board chair, prominent criminal defense attorney Kevin Marino, including that Marino allegedly tried to negotiate a lucrative exit package for the then-dean of the law school amid an ongoing embezzlement probe.
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February 06, 2024
Feds Fight Sen. Menendez's Bids To Nix Charges, Split Trials
Federal prosecutors have asked a New York federal court to reject requests from U.S. Sen. Robert Menendez to dismiss his corruption case and to sever his trial from his wife's, arguing that the senator made "premature" factual arguments and incorrectly claimed immunity from prosecution as a senator.
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February 06, 2024
Former County Prosecutor Rejoins Hartmann Doherty In NJ
Hartmann Doherty Rosa Berman & Bulbulia LLP on Tuesday welcomed back a former partner to the firm who brings experience as a trial attorney working in complex civil and criminal cases who served multiple stints as a prosecutor in Bergen County.
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February 06, 2024
Sealed BlockFi Deal With 3AC In Ch. 11 Gets Court OK
A New Jersey bankruptcy judge on Tuesday approved a settlement between defunct cryptocurrency exchange BlockFi Inc. and hedge fund Three Arrows Capital to release dueling claims against each other for hundreds of millions of dollars, but declined to unseal it, saying it would be "counterintuitive" to make the details freely available.
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February 05, 2024
Toyota Beats NJ Mechanic's Suit Over Finger Amputation
A mechanic who lost his finger while repairing a Toyota Highlander can't maintain claims against the automaker, a New Jersey appeals court ruled, saying the mechanic's expert failed to properly explain the methodology he relied on to determine there was a defective design.
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February 05, 2024
Jackson Hewitt To Settle No-Poach Suit Over Its Franchises
Jackson Hewitt Inc. told a New Jersey federal court that it has reached a settlement in principle with its former workers who brought a proposed class action alleging that the company's franchisees entered into an anti-competitive no-poach agreement despite the firm's previous pledge to not have or enforce such arrangements.
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February 05, 2024
US Trustee Balks At BlockFi Bid To Seal 3AC Deal
An agreement between former cryptocurrency exchange BlockFi Inc. and defunct hedge fund Three Arrows Capital that released a tangle of claims against each other should be public, the Office of the U.S. Trustee told a New Jersey bankruptcy court Monday, adding that sealing the entire settlement keeps information from parties that might object to the deal.
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February 05, 2024
3rd Circ. Preview: Mail-In Ballot Case Headlines February
Topping the list of Third Circuit arguments in February is a Pennsylvania case presenting the familiar issue of whether undated or misdated outer envelopes for mail-in ballots should count as valid votes.
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February 05, 2024
Judicial Watchdog Flags $10K Gift To Menendez's Defense
A $10,000 contribution to Sen. Robert Menendez's legal defense fund by a federal judge's wife should be returned and the judge and his wife should apologize and promise not to make political donations, a judicial watchdog said Monday.
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February 05, 2024
WeWork Presses Landlords For Ch. 11 Lease Concessions
Flexible office space provider WeWork Inc. pushed hard in court Monday against landlords that haven't engaged in lease concession negotiations in the company's Chapter 11 case, telling a New Jersey bankruptcy judge that without widespread support from its rental counterparties, the debtor's restructuring plans are dead.
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.