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New Jersey
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August 19, 2025
Nonprofits, Union Fight Withholding Of AmeriCorps Funds
A group of nonprofits and a union added claims to their suit in Maryland federal court aiming to stop the Trump administration from dismantling AmeriCorps, accusing the Office of Management and Budget of unlawfully withholding millions of dollars appropriated by Congress for grant programs.
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August 19, 2025
3rd Circ. Upholds Conviction After Traffic Stop 'Small Talk'
A man sentenced to 10 years in prison after police found guns and drugs in his car during a traffic stop can't have the evidence suppressed even though the police engaged him in small talk unrelated to the stop, the Third Circuit affirmed Tuesday, finding that the rapport-building conversation was warranted.
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August 19, 2025
2nd Circ.: Judge Erred In Remanding Vermont-3M PFAS Row
The Second Circuit on Tuesday agreed with 3M Co. that a federal judge wrongly sent Vermont's lawsuit against the company over "forever chemicals" contamination back to state court, finding 3M moved the case to federal court in time.
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August 19, 2025
NJ Panel Upholds Use Of Phone Passcode Seen By Police
A man sentenced to 60 years in prison after kidnapping and sexually assaulting another man can be resentenced due to recent precedent concerning persistent offenders, but can't suppress evidence gained after police saw his cellphone passcode and used it to read his texts, a New Jersey appellate panel ruled Tuesday.
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August 19, 2025
Carella Byrne Wants $4M Fee For Volkswagen Seat Defect Deal
Carella Byrne Cecchi Brody & Agnello PC asked a New Jersey federal judge Tuesday to approve $4 million in attorney fees, litigation costs and service awards for class representatives in a consumer class action involving Volkswagen vehicles with a seat defect.
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August 18, 2025
NJ Feds Say Habba's US Atty Role Unusual, But Not Unlawful
Acting U.S. Attorney Alina Habba on Monday doubled down on her argument that President Donald Trump legally appointed her New Jersey's top federal prosecutor, telling a federal judge that this is simply "an unusual situation" created when the district court last month refused to extend her interim tenure.
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August 18, 2025
HHS Says Layoffs, Reorganization Are Within Its Authority
The Trump administration urged a Rhode Island federal judge to toss claims that massive cuts to the Health and Human Services Department violate the U.S. Constitution and usurp congressional authority, arguing the state plaintiffs don't have the authority to dictate how the executive branch manages its personnel.
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August 18, 2025
SDNY Judges OK Trump's Selection Of Jay Clayton As US Atty
The Southern District of New York on Monday permitted Jay Clayton to continue overseeing the district's prosecutorial office, appointing Clayton as U.S. attorney just a day before his tenure as interim U.S. attorney was set to expire.
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August 18, 2025
Mich. Judge Keeps Eagles Player In NCAA Fight On Field
A Michigan state court judge has granted a preliminary injunction allowing an Eastern Michigan University offensive lineman to remain on the football team while he challenges a five-year eligibility cap for college athletes, saying the player has shown a likelihood of success at trial on his claims.
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August 18, 2025
Honeywell Defeats Ex-Worker's 401(k) Forfeiture Suit
A New Jersey federal judge tossed a proposed class action Monday alleging Honeywell violated federal benefits law by putting 401(k) forfeitures toward employer-side contribution obligations instead of defraying administrative expenses, finding an ex-worker hadn't backed up claims the spending breached fiduciary duties or caused prohibited transactions.
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August 18, 2025
NFI Agrees To $5.75M Deal To End Misclassification Suit
National Freight has agreed to pay $5.75 million to end an almost 10-year-long suit in which a class of truckers claimed they were misclassified as independent contractors, the workers said, urging a New Jersey federal court to greenlight the deal.
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August 18, 2025
NJ Law Firm Not Covered In Malpractice Suit, Court Says
An insurer has no duty to defend or indemnify a Princeton law firm against a malpractice suit alleging that one of its attorneys assisted a client in misappropriating her husband's assets, a New Jersey federal court ruled Monday, finding that a prior knowledge exclusion bars coverage.
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August 18, 2025
Life Sciences Data Rivals Settle Trade Secrets Battle
Life sciences data company IQVIA Inc. has settled a suit that alleged data rival Veeva Systems Inc. used "crowdsourcing" to misappropriate trade secrets, the two companies said Monday.
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August 18, 2025
AGs Sue DOJ For Tying Victim Aid To ICE Enforcement
A coalition of 21 state attorneys general, led by Matthew Platkin of New Jersey, filed suit against the Trump administration on Monday, accusing it of unlawfully tying $1 billion in crime victim funding to immigration enforcement, a move they say defies congressional intent and jeopardizes critical support for survivors.
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August 18, 2025
Lawmaker Pans 'Selective' Charges Over ICE Facility Clash
U.S. Rep. LaMonica McIver has moved to dismiss criminal charges against her from a May confrontation with federal agents at an immigrant detention center in Newark, New Jersey, arguing she is immune from prosecution under the U.S. Constitution's speech or debate clause and is being selectively targeted by the government.
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August 18, 2025
3rd Circ. Says IRS Can Pursue Taxes In Decades-Old Fraud
The IRS can go after a woman's unpaid taxes more than 20 years later because her return preparer committed fraud on her filings, even though the woman did not mean to evade taxes, the Third Circuit ruled Monday.
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August 18, 2025
AmeriCorps Restores $400M In Slashed Grants, Judge Told
AmeriCorps told a Maryland federal judge Monday that the agency restored around $400 million in funding to nonprofits canceled under the Trump administration in April, saying the government doesn't plan to ax grants before they end.
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August 18, 2025
NJ Firms End Battle Over $25M Fee In Verizon Pole Injury Case
Several New Jersey firms have ended a long dispute over a $25 million fee from a personal injury case against Verizon in a suit that already went to trial in 2021 and recently had another trial ordered.
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August 18, 2025
NJ Seeks To Toss Ex-Judge's 'Second Bite' In Firing Suit
New Jersey on Friday asked a state court to award it a victory over some claims by a former workers' compensation judge that she was unconstitutionally removed from her job after similar claims in a separate suit of hers were rejected in December.
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August 18, 2025
Progressive Must Cover $6M Title Insurer Judgment, Mall Says
Progressive must cover a more than $6 million judgment against a title insurance agency that Progressive insured, the owner of a New Jersey shopping center told a Pennsylvania state court, arguing that Progressive-appointed counsel rejected prior settlement opportunities in bad faith.
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August 18, 2025
3rd Circ. Backs Pittsburgh In Row Over Zoning Board Conflict
The Third Circuit has backed the dismissal of a mixed-use project developer's million-dollar lawsuit against the Pittsburgh Zoning Board of Adjustment over variance delays caused by a conflict of interest dispute, saying its due process rights weren't violated.
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August 15, 2025
Stewart Issues Dozens More Discretionary Denial Decisions
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart denied numerous petitions challenging patents on discretionary grounds this week, while referring a smaller number of cases to the Patent Trial and Appeal Board.
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August 15, 2025
NJ Watchdog Fights File Disclosure In Hospital Antitrust Suit
The New Jersey State Commission of Investigation on Thursday challenged a federal judge's refusal to protect investigative materials that RWJBarnabas Health Inc. wants to subpoena as it defends an antitrust suit by CarePoint Health Systems Inc., arguing the ruling violates precedent giving such records the same secrecy protections as grand jury materials.
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August 15, 2025
Nat'l Guard Deployment In States Won't Be As Easy As In DC
President Donald Trump's power to deploy the D.C. National Guard and federalize local police lays bare the unique vulnerability of the district, but that power may be more limited in states where Trump has threatened to take similar action.
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August 15, 2025
Real Estate Recap: Water Law, Risky Debt, NYC Rezone
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney insights into coastal development, one bank's bullish outlook on construction financing, and Midtown Manhattan's greenlight for denser residential development.
Expert Analysis
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.
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10 Issues To Watch In Aerospace And Defense Contracting
This year, in addition to evergreen developments driven by national security priorities, disruptive new technologies and competition with rival powers, federal contractors will see significant disruptions driven by the new administration’s efforts to reduce government spending, regulation and the size of the federal workforce, say attorneys at Thompson Hine.
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Class Actions At The Circuit Courts: February Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal appellate court class certification decisions and identifies practice tips from cases involving breach of life insurance contracts, constitutional violations of inmates and more.
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4 Do's And Don'ts For Trial Lawyers Using Generative AI
Trial attorneys who use artificial intelligence tools should review a few key reminders, from the likelihood that prompts are discoverable to the rapid evolution of court rules, to safeguard against embarrassing missteps, says Nate Sabri at Perkins Coie.
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Defense Strategies For Politically Charged Prosecutions
Politically charged prosecutions have captured the headlines in recent years, providing lessons for defense counsel on how to navigate the distinct challenges, and seize the unique opportunities, such cases present, says Kenneth Notter at MoloLamken.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.
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The Case For Compliance During The Trump Administration
Given the Trump administration’s shifting white collar enforcement priorities, C-suite executives may have the natural instinct to pare back compliance initiatives, but there are several good reasons for companies to at least stay the course on their compliance programs, if not enhance them, say attorneys at Riley Safer.
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Opinion
Undoing An American Ideal Of Fairness
President Donald Trump’s orders attacking birthright citizenship, civil rights education, and diversity, equity and inclusion programs threaten hard-won constitutional civil rights protections and decades of efforts to undo bias in the law — undermining what Chief Justice Earl Warren called "our American ideal of fairness," says Reuben Guttman at Guttman Buschner.
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Expect To Feel Aftershocks Of Chopra's CFPB Shake-Up
Publications released by Consumer Financial Protection Bureau personnel in the last days of the Biden administration outline former Director Rohit Chopra's long-term vision for aggressive state-level enforcement of federal consumer financial laws, opening the doors for states to launch investigations and pursue actions, say attorneys at Hudson Cook.
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Opinion
Inconsistent Injury-In-Fact Rules Hinder Federal Practice
A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.
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In-House Counsel Pointers For Preserving Atty-Client Privilege
Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.
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4 Potential Effects Of 3rd Circ.'s Coinbase Ruling
The Third Circuit's recent landmark decision in Coinbase v. U.S. Securities and Exchange Commission that the SEC's refusal to engage in rulemaking to clarify its stance on crypto enforcement was "insufficiently reasoned" could have wide-ranging impacts, including on other cases, legislation and even the SEC's reputation itself, says Daniel Payne at Cole-Frieman.
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CFPB's Message To States Takes On New Weight Under Trump
The Consumer Financial Protection Bureau's January guidance to state enforcers has fresh significance as the Trump administration moves to freeze the bureau's work, and industry should expect states to use this series of recommendations as an enforcement road map, say attorneys at Brownstein Hyatt.
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What's Next For State Regulation Of Hemp Cannabinoids
Based on two recent federal court cases that indisputably fortify broad state authority to regulate intoxicating hemp cannabinoid products, 2025 will feature continued aggressive state regulation of such products as industry stakeholders wait for Congress to release its plans for the next five-year Farm Bill, say attorneys at Foley Hoag.
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.