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New Jersey
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May 30, 2025
Pharma Co. Hid Cancer Study Method Problems, Investor Claims
Biotechnology company UroGen Pharma Ltd. and three current and former executives are facing a proposed investor class action in New Jersey federal court alleging the company failed to disclose methodology flaws affecting a study of its lead drug candidate that ultimately doomed its bid for U.S. Food and Drug Administration approval.
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May 30, 2025
Shopper Wants Class Cert. In Mistranslated Cookie Label Suit
A shopper has urged a California federal court to certify three classes of consumers accusing a Japanese convenience store chain of selling snacks with dangerously mistranslated English labels that failed to disclose nut allergens, arguing common legal issues predominate because the company used "uniformly mistranslated" labeling across thousands of products.
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May 30, 2025
NJ Panel Upholds Unemployment Benefits Claims For Strikers
A New Jersey state appeals court on Friday supported a state employment board's conclusion that Teamsters-represented workers at a concrete manufacturing company who went on strike are eligible for unemployment benefits, finding federal labor law does not preempt the state agency's decision.
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May 30, 2025
Solar Energy Co. Hits Ex-Employees With Trade Secrets Suit
A solar energy company has sued four former employees in New Jersey federal court, claiming one of them altered his name to conceal criminal history, then left to start a competing company, and that three others aided him in taking trade secrets on his way out.
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May 30, 2025
DHS Targets Sanctuary Cities In Noncompliance Notice
The U.S. Department of Homeland Security has put hundreds of cities and counties in 35 states and the District of Columbia on notice for being what the department deems as unlawful safe havens for undocumented immigrants, advancing the Trump administration's April vow to target sanctuary cities.
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May 30, 2025
Insurance Cos. Can't Force Arbitration Of Race, Sex Bias Suits
American Income Life Insurance Co. and a brokerage firm can't make Black and female former employees arbitrate several lawsuits claiming they were forced to endure rampant harassment, a New Jersey state appeals court ruled Friday, saying the workers' arbitration agreement didn't properly explain what they were giving up.
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May 30, 2025
NJ Pot Shop Fails To Prove Urgency In $273K Fund Dispute
A New Jersey federal judge on Friday declined to unfreeze $273,820 of a dispensary's funding frozen in an account between a payment processor and a Florida bank, saying the dispensary hasn't shown it is at risk of insolvency without the money.
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May 30, 2025
Ex-NJ Councilman Cops To Taking Bribe From Town Atty
A former member of a New Jersey borough council pled guilty to pocketing a $7,000 bribe to help grease the wheels for an attorney's reappointment as municipal counsel, Attorney General Matthew J. Platkin and the Office of Public Integrity and Accountability announced Friday.
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May 30, 2025
Trump Admin Says States Can't Fight Wind Permit Pause
The Trump administration said a Massachusetts federal judge should reject states' push to block a decision to pause permitting for wind energy projects, saying their claims amount to nothing more than a policy disagreement with no place in court.
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May 30, 2025
3rd Circ. Preview: Tribal Immunity Limits On Deck For June
The Third Circuit's June argument lineup will find a finance company fighting a proposed class action over allegedly predatory payday loan fees because of its tribal ties, while a plumbing company argues that it does not have to arbitrate a union grievance.
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May 29, 2025
Insurer Waived Arbitration For Many Reasons, NJ Panel Rules
An insurer waived its right to arbitration for many reasons, a New Jersey appellate panel affirmed, finding a pier owner's coverage dispute concerning underlying litigation brought against it by public utilities blaming it for a fluid leak in the Hudson River must head to trial.
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May 29, 2025
DOT Calls States' EV Charging Funding Suit Premature
The U.S. Department of Transportation urged a Washington federal judge to reject an attempt by 16 states to block the Trump administration from cutting off funding for electric vehicle charging projects, saying their claims aren't yet ripe for review.
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May 29, 2025
FTC Seeks To Push Amazon Antitrust Trial To 2027
The Federal Trade Commission and Amazon on Wednesday fought over the agency's proposal to push back an antitrust trial into 2027 to account for the e-commerce giant's alleged efforts to obstruct discovery, with Amazon telling a Washington federal judge that it was the FTC that insisted on a burdensome discovery.
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May 29, 2025
Khalil Files FOIA On Fed Collusion With Anti-Palestinian Groups
Attorneys representing Columbia University graduate Mahmoud Khalil submitted a Freedom of Information Act request on Thursday seeking communications between the Trump administration and anti-Palestinian groups they say targeted him before his arrest.
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May 29, 2025
NJ Senate Panel Backs Prosecutor, 4 Judge Nominees
Two New Jersey solo legal practitioners, a Ronan Tuzzio & Giannone litigator and a personal injury lawyer moved one step closer to state judgeships Thursday during a hearing in which lawmakers also greenlighted a federal enforcer's nomination for a county prosecutor role.
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May 29, 2025
Seton Hall Rebuts Claim Of Trying To 'Muzzle' Ex-President
Counsel for Seton Hall University told a New Jersey state court Thursday that contrary to the claims of former school President Joseph Nyre, it is not seeking to "muzzle" him regarding an investigation into whether the school's current president knew of sexual abuse allegations and didn't report them.
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May 29, 2025
Judge Can't Buy Military Service Credits, NJ Panel Says
A New Jersey appellate panel Thursday backed the state pension board's determination that a workers' compensation judge can't buy 36 months of service credits based on his prior military service, ruling that the statute governing his pension does not allow for such a purchase.
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May 29, 2025
NJ Appeals Court Closes Anti-SLAPP Loophole
A New Jersey appeals court on Thursday reversed the dismissal of a Jewish newspaper's bid for counsel fees under the Garden State's Anti-SLAPP law in a suit over its circulation of a divorce flyer, ruling that a defendant can seek such fees under the law even if a plaintiff voluntarily dismisses their suit.
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May 28, 2025
Use Of Law To Detain Khalil Found Likely Unconstitutional
A New Jersey federal judge on Wednesday ruled that the Trump administration's use of a section of immigration law to detain Columbia University graduate Mahmoud Khalil is likely unconstitutional, citing several "strikes" against the law's application for Khalil's detainment.
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May 28, 2025
16 States Sue Trump Admin Over Cuts To Science Grants
A coalition of 16 state attorneys general have sued the Trump administration in New York federal court on Wednesday to stop it from cutting millions of dollars in grant funds from the National Science Foundation for scientific research and programs aimed at enhancing diversity, equity and inclusion in STEM fields and environmental justice.
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May 28, 2025
Judge Shields NY Congestion Pricing From Feds' Threats
New York's congestion pricing program can keep running at least through the fall, after a federal judge on Wednesday signaled that the U.S. Department of Transportation likely overstepped its authority by purportedly terminating a federal agreement that gave congestion pricing the green light.
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May 28, 2025
Woman Filed Kidney Failure Suit In Time, NJ Panel Says
A group of urologists can't escape a woman's malpractice suit accusing them of misdiagnosing her bladder condition and ordering procedures that severely injured her, a New Jersey appeals court has ruled, saying that the statute of limitations on her claims was tolled until she discovered the real problem with her bladder.
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May 28, 2025
NJ Pot Shop Says Payment Processor Is Withholding Funds
A New Jersey dispensary is urging a federal court to order two electronic payment processors and a Florida bank to give back $273,820 of its money, claiming that if the cash is not released in short order the cannabis shop will become insolvent.
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May 28, 2025
3rd Circ. Pauses J&J Unit Appeal In Talc Study Libel Case
The Third Circuit on Wednesday granted a bid by Johnson & Johnson's talc liability unit to stay briefing in its appeal seeking to revive a libel case over a scientific article linking talcum power to mesothelioma.
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May 28, 2025
Amtrak Worker Admits To Part In $11M Benefits Fraud Scheme
A New Jersey-based Amtrak employee has pled guilty to participating in a conspiracy to defraud the passenger railroad's health plan for an estimated $11 million in benefits, the U.S. Attorney's Office for the District of New Jersey announced Wednesday.
Expert Analysis
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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Post-Election Implications For The EPA's Methane Rules
Amid the U.S. Supreme Court's recent denial of requests to halt implementation of the U.S. Environmental Protection Agency's methane rule in two suits, and given the outcome of the election, a complete reversal of the methane rule is expected, but state-level policymaking and enforcement will continue, says John Watson at Spencer Fane.
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Racing Patents To The Fed. Circ.: Collateral Estoppel Lessons
As more and more parties find themselves in two different forums addressing the same issues and then competing in a race to the Federal Circuit, certain strategies can help despite unanswered questions on when Patent Trial and Appeal Board determinations trigger collateral estoppel, say attorneys at Akin.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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$3B TD Bank AML Settlement Is A Wake-Up Call For All Banks
TD Bank’s historic settlement over anti-money laundering violations, resulting in over $3 billion in penalties, reminds banks of all shapes and sizes why they need to take financial crime compliance seriously, and highlights three areas that may be especially vulnerable to enforcement, says Jack Harrington at Bradley Arant.
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Expect Surging Oil And Gas Industry Under New Trump Admin
Throughout his recent campaign, President-elect Donald Trump promised increased oil and natural gas production and reduced reliance on renewables — and his administration will likely bring more oil and gas dealmaking, faster federal permitting and attempts to roll back incentives for green energy, say attorneys at Sidley.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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Navigating DOJ's Patchwork Whistleblower Regime
In the past few months, the U.S. Department of Justice and several individual U.S. attorney’s offices have issued different pilot programs aimed at incentivizing individuals to blow the whistle on misconduct, but this piecemeal approach may create confusion and suboptimal outcomes, say attorneys at BakerHostetler.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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Class Actions At The Circuit Courts: November Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses six federal court decisions that touch on Rule 23 of the Federal Rules of Civil Procedure, and when individual inquiries are needed to prove economic loss.
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Notable Q3 Updates In Insurance Class Actions
Total loss valuation cases and labor depreciation cases dominated the past quarter of insurance class actions, with courts continuing to reject challenges to condition adjustments in the former, and a pro-insured trend persisting in the latter, say attorneys at BakerHostetler.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.