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New Jersey
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May 02, 2025
NJ Bankruptcy Judges May Be Tapped As Unpaid Mediators
Bankruptcy judges may be among the jurists called upon to mediate New Jersey federal court cases without compensation, according to a proposed amendment to court rules.
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May 02, 2025
Off The Bench: DC Stadium, BetMGM Victory, Transfer Rules
In this week's Off The Bench, the Washington Commanders strike a deal to build a new stadium in D.C., BetMGM fends off a consumer fraud suit targeting its gambling promotion efforts and a Rutgers University football player scores another win against the NCAA's transfer rules.
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May 02, 2025
3rd Circ. Says County Judges Need Notice To Pull Probation
The Third Circuit on Friday partly revived claims from criminal defendants who said they were jailed for alleged probation violations too hastily and too long by Allegheny County, Pennsylvania, Judges Jill Rangos, Anthony Mariani and Kelly Bigley, but the split panel declined to require more than "probable cause" for someone to be returned to jail.
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May 02, 2025
Live Nation Antitrust Fight Won't Have Split Damages Phase
A Manhattan federal judge declined Friday to break out a possible monetary damages phase in a suit by federal and state authorities accusing Live Nation of quashing competition in live entertainment, saying the move would be unlikely to streamline the complex case.
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May 02, 2025
Reuters Escapes Suit Over NJ Judicial Privacy Law
A federal judge has dismissed a lawsuit alleging Thomson Reuters violated the New Jersey judicial privacy measure Daniel's Law, finding the plaintiffs failed to properly serve the Canadian organization.
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May 02, 2025
Software Cos. Settle Tech Investors' Fraud, Contract Claims
A technology entrepreneur and his companies settled two investors' fraud and breach of contract claims arising from a soured business deal for a software project that got $150,000 of funding and then was not near completion months after the investors said they put their money behind the idea.
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May 01, 2025
Couple's J&J Pelvic Mesh Claims Too Late, 11th Circ. Affirms
The Eleventh Circuit held Thursday that a couple's lawsuit against Johnson & Johnson over injuries allegedly caused by a pelvic mesh device made by the company's med-tech unit was filed too late despite evidence that the woman's doctors had expressed uncertainty for years about whether the mesh was causing her pain.
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May 01, 2025
3rd Circ. Backs Charter School In Black Worker's Bias Suit
The Third Circuit upheld the dismissal of a Black cafeteria manager's suit claiming she was fired for complaining that her bosses at a charter school system mistreated her due to her race, ruling the suit falls flat because she was employed by an outside food service company.
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May 01, 2025
3rd Circ. Unsure Defunct NJ Law Blocked ICE Detentions
The Third Circuit appeared skeptical of prison operator CoreCivic Inc.'s argument Thursday that a defunct New Jersey law barring detention centers from contracting with U.S. Immigration and Customs Enforcement is unconstitutional, questioning whether the statute actually blocked the federal government from detaining migrants.
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May 01, 2025
J&J Talc Unit Says New Doc 'Key' To Talc Study Libel Suit
A Johnson & Johnson talc unit has asked a New Jersey federal court to reinstate its libel suit over a scientific article linking talcum powder to mesothelioma, arguing that newly discovered evidence shows statements in the article are false.
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May 01, 2025
Bank Says Insurer Owes $1.8M In Vandalism Coverage
A bank accused a Berkshire unit and its insurance agent of underpaying coverage for property damage from "vandalism and/or theft," saying that while it's received roughly $105,000 in coverage to date, the insurer has yet to pay nearly $1.8 million.
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May 01, 2025
States Urge 1st Circ. To Reinstate Federal Housing Grants
A coalition of states urged the First Circuit to reinstate a ruling that had blocked the Trump administration from cutting $30 million in fair housing grants, saying the federal government failed to consider the impact this decision would have on the groups' operations.
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May 01, 2025
Rehab Center To Pay $19.75M To Resolve FCA Case
A New Jersey drug and alcohol rehabilitation center will pay $19.75 million to resolve claims that it violated the False Claims Act by concealing it had no license from state regulators and billed the Veterans Health Administration and Medicaid for its services.
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April 30, 2025
BetMGM Beats Problem Gambler's 3rd Circ. Fraud Suit Appeal
The Third Circuit has declined to revive a man's consumer fraud suit accusing BetMGM and others of pushing him to continue gambling through more than 1,800 text messages, finding in a nonprecedential opinion that he failed to state a claim under the New Jersey Consumer Fraud Act.
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April 30, 2025
Wheeling & Appealing: The Latest Must-Know Appellate Action
Spring has sprung for appellate arguments over the White House's pruning and shearing of agencies, part of a bountiful circuit calendar in May, when appeals courts will also tend to defamation drama involving a pro golfer, antitrust suits against drugmakers and hotels, and a nine-figure patent verdict against Apple Inc.
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April 30, 2025
Worker Says DOD Contractor Fired Him For Reporting Fraud
A former cybersecurity worker claims he was fired by a Department of Defense contractor after reporting failures to comply with the contract and billing for services the company didn't actually provide, according to a wrongful termination suit filed in Colorado federal court Wednesday.
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April 30, 2025
ICE Agent Tells 3rd Circ. Jury Can Handle Sig Sauer Defect Suit
The Third Circuit wondered Wednesday why a jury couldn't be allowed to examine the same type of gun, or at least a replica of one, that a U.S. Immigration and Customs Enforcement officer claims spontaneously fired into his leg at a design defect trial that he wants revived.
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April 30, 2025
3rd Circ. Preview: NJ To Defend ICE Contractor Law In May
The Third Circuit's argument lineup for May will see the state of New Jersey defend a law barring its immigration detention centers from contracting with U.S. Immigration and Customs Enforcement, while Rutgers University seeks to keep its victory over claims it falsely inflated its business school's ranking.
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April 30, 2025
NJ Judge Tosses Two Claims From Crossbow Injury Suit
A New Jersey federal judge tossed two claims, but allowed contested expert testimony, in a hunter's negligence and liability lawsuit that alleges he was injured when his Ravin Crossbow "exploded" and knocked him out of a tree stand.
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April 30, 2025
NJ Panel Orders New Trial in Home Depot Slip Case
A New Jersey state trial court erred in allowing trial evidence of a woman's medical history, prior falls and a handicapped placard in a slip-and-fall case against Home Depot U.S.A. Inc., a state appellate panel ruled Wednesday in vacating a jury verdict in favor of the retailer.
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April 30, 2025
3rd Circ. Sides With Pa. Transit Agency In Race Bias Suit
The Third Circuit on Wednesday upheld a Pennsylvania public transportation authority's defeat of a Black employee's lawsuit alleging she was given lower raises than white colleagues and transferred to a different department when she complained, saying she hadn't provided enough evidence to sustain her claims.
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April 30, 2025
McDonald's Operator Loses Assault Suit Coverage Appeal
Two insurers were correct to deny coverage for a former Pittsburgh-area McDonald's franchisee in a lawsuit accusing it of failing to stop a supervisor from sexually harassing and assaulting underage employees, since the litigation that sent it into bankruptcy fell under exceptions to the insurance policies, a Third Circuit panel ruled Wednesday.
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April 30, 2025
2nd Frier Levitt Atty Joins Buchanan Ingersoll's Pharmacy Group
Buchanan Ingersoll & Rooney PC has added a second Frier Levitt attorney with experience representing pharmacies to its new pharmacy benefit manager contract and audit defense team in Newark, New Jersey, the firm announced Wednesday.
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April 30, 2025
Law Firm Beats Claims Of Botching NYC Construction Suit
A New York law firm has won dismissal of a malpractice suit from a construction subcontractor in New Jersey state court, with the judge finding that the firm, headquartered in Long Island, is outside his jurisdiction.
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April 30, 2025
Former Paralegal Ends Whistleblower Suit Against NJ Firm
A onetime paralegal for New Jersey-based Brandon J. Broderick LLC has dropped a state court whistleblower suit he filed against the personal injury firm last spring.
Expert Analysis
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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And Now A Word From The Panel: How MDLs Fared In 2024
A significant highlight of the Judicial Panel on Multidistrict Litigation's practice during 2024 was the increase in the percentage of new MDL petitions granted by the panel, with 25 granted and only eight denied — one of the highest grant rates in years, says Alan Rothman at Sidley.
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Recent Suits Show Antitrust Agencies' Focus On HSR Review
The U.S. Department of Justice's suit this month against KKR for inaccurate and incomplete premerger filings, along with other recent cases, highlights the agency's increasing scrutiny of Hart-Scott-Rodino Act compliance for private equity firms, say attorneys at Willkie.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Trump's Energy Plans For Generation, Transmission And More
The executive orders and presidential memoranda issued by President Donald Trump on the day of his inauguration, unwinding the Biden administration's energy policies and encouraging development of fossil fuels, may have significant impacts on the generation mix, electric transmission construction and the state regulatory environment, say attorneys at Polsinelli.
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Algorithm Price-Fixing Ruling May Lower Antitrust Claims Bar
A Washington federal court's refusal to dismiss Duffy v. Yardi Systems, an antitrust case over rent prices allegedly inflated by revenue management software, creates an apparent split in the lower courts over how to assess such claims, say attorneys at Morgan Lewis.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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Predicting Where State AGs Will Direct Their Attention In 2025
In 2025, we expect state attorneys general will navigate a new presidential administration while continuing to further regulate and police financial services, artificial intelligence, junk fees and antitrust, say attorneys at Troutman Pepper.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Public Corruption Enforcement In 2024 Has Clues For 2025
If 2024 activity is any indication, the U.S. Supreme Court will likely continue to rein in expansive prosecutorial theories of fraud in the year to come, but it’s harder to predict what the new administration will mean for public corruption prosecutions in 2025, says Cathy Fleming at Offit Kurman.
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Issues To Watch In 2025's ERISA Litigation Landscape
Whether 2024’s uptick in new Employee Retirement Income Security Act cases will continue this year will likely depend on federal courts’ resolution of several issues, including those related to excessive fees, defined contribution plan forfeitures, and pleading standards for ERISA-prohibited transaction claims, say attorneys at Groom Law.
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Roundup
Banking Brief: State Law Recaps From Each Quarter Of 2024
In this Expert Analysis series, throughout 2024 attorneys provided quarterly recaps discussing the biggest developments in banking regulation, litigation and policymaking in various states, including New York, California and Illinois.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.