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New Jersey
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March 28, 2024
Another Senate Dem Comes Out Against 3rd Circ. Nominee
A third Senate Democrat, Jacky Rosen of Nevada, has come out against Third Circuit nominee Adeel Mangi, who would be the first Muslim federal appellate judge if confirmed, thus putting his nomination in further peril.
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March 27, 2024
Justices Poised To Expand Repeat Offenders' Jury Trial Rights
The U.S. Supreme Court appeared likely Wednesday to agree with the Biden administration and the criminal defense bar that repeat offenders have a constitutional right to let a jury decide if past offenses were sufficiently distinct to trigger lengthy prison terms under a prominent sentencing enhancement.
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March 27, 2024
Atty's 'Bare Minimum' Sank Negligence Death Suit, Panel Says
A New Jersey appellate panel has backed the dismissal of a suit accusing a nursing home of negligently failing to prevent a patient's purportedly fatal fall, ruling a trial court was within its discretion in finding the plaintiff's attorney did "the bare minimum" to produce expert reports and the plaintiff fell short of the threshold to reopen discovery.
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March 27, 2024
LG Chem Mostly Wins Discovery Feud In Vape Battery Suit
A New Jersey appellate court on Wednesday allowed an LG Corp. unit to prevail on 21 out of 22 discovery challenges in a suit over an exploding vape pen battery, saying the majority of the plaintiff's requests were overly broad and not tailored to his claims.
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March 27, 2024
BlockFi Wins Approval Of 'Tremendous' Deal With FTX
A New Jersey bankruptcy judge gave his blessing on Wednesday to a global settlement that ends disputes between fallen cryptocurrency giants BlockFi Inc. and FTX, saying the results were "tremendous."
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March 27, 2024
On Deck In JPML: Baby Food, 23andMe Privacy, NCAA
The Judicial Panel on Multidistrict Litigation's packed meeting Thursday in South Carolina will see the panel mulling consolidation of privacy litigation against 23andMe, claims of heavy metals in baby food, and scholarship-fixing claims by student athletes against the NCAA — and that's just for starters.
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March 27, 2024
Panel Wants NJ Judge Booted Off Bench For 'Blatant' Violations
The New Jersey state courts' Advisory Committee on Judicial Conduct recommended Wednesday that a municipal judge with posts in Burlington and Mercer counties be removed from the bench for "blatant and serious" violations of judicial conduct codes.
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March 27, 2024
Ex-NJ Corrections Officer Admits To Scamming $600K
A former New Jersey corrections officer has admitted to orchestrating two fraud schemes, including an alleged cryptocurrency scam that resulted in losses of more than $600,000, the U.S. attorney for New Jersey has announced.
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March 27, 2024
Camden Diocese Insurers Demand Ch. 11 Plan Be Halted
Several insurers of the Roman Catholic Diocese of Camden told a New Jersey bankruptcy judge Wednesday that the approval of the debtor's third modified Chapter 11 plan stripped the insurers' rights and urged the court to implement a stay on the order.
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March 27, 2024
CoreLogic Sued For Violating NJ Judicial Protections Law
A proposed class action removed to New Jersey federal court on Tuesday accuses property data company CoreLogic of failing to comply with a state law requiring it to delete records of certain public officials, including judges and law enforcement officials.
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March 27, 2024
Atty's Trade Libel Suit Against Family Can Go On, Judge Says
A New Jersey federal judge is allowing class action attorney Carl J. Mayer to move forward with a lawsuit alleging his brother and cousins falsely accused the lawyer of stealing his father's money, ruling that Mayer's claims are not time-barred and that he has pleaded enough facts to support his allegations.
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March 27, 2024
NJ AG Says Teachers On Maternity Leave Faced Possible Bias
The New Jersey attorney general's office said Wednesday that its Division on Civil Rights preliminarily concluded that a public school district may have violated discrimination laws by preventing women on parental leave from coaching extracurricular activities.
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March 26, 2024
Subaru Can't Duck Suit Over Starlink Infotainment Defect
A New Jersey federal judge on Tuesday declined to throw out a proposed class action alleging the Starlink infotainment system in certain Subaru vehicles is defective, throwing out one plaintiff's state consumer protection claim, while allowing the remaining claims to go forward.
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March 26, 2024
X Wants Former Twitter Security Head's Claims In Arbitration
X Corp. said a former Twitter security chief's claims that he was fired for protesting massive budget cuts belong in arbitration, arguing it did not waive its right to arbitrate by refusing to pay more than half of the arbitration fees.
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March 26, 2024
Geico Alleges $5.6M Billing Scam Targeted NY Insurance Cos.
The insurance giant Geico has sued a New Jersey man and three medical imaging companies in New York federal court, accusing them of a $5.6 million scheme to submit fraudulent bills for unnecessary or otherwise useless tests on auto accident victims.
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March 26, 2024
3rd Circ. Says EMS Transport Without Consent Is Med Mal
A patient who was transported to a Pennsylvania hospital against his will was effectively making a medical malpractice claim against the emergency medical services technicians and needed to file a "certificate of merit" to back up such a claim, a split Third Circuit panel ruled Tuesday.
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March 26, 2024
Menendez Says Corruption Case Still Wrongly Placed In NY
U.S. Sen. Robert Menendez has told a Manhattan federal judge that prosecutors' latest iteration of his corruption indictment doesn't resolve legal deficiencies that plagued previous ones, including a flimsy connection to the Southern District of New York.
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March 26, 2024
Fox Rothschild Wants Gag Order To Silence Atty's 'Bombast'
Fox Rothschild LLP has doubled down on its request for a gag order against an attorney pursuing a malpractice suit against the firm over allegedly mishandled immigration work, telling a New Jersey federal court that the attorney's "bombast and recklessness needs to end."
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March 26, 2024
McCarter & English Lands Riker Danzig Litigator In NJ
McCarter & English LLP announced Tuesday that it has strengthened its healthcare practice in Newark, New Jersey, with the addition of Khaled "Kay" Klele, a litigator who joined from Riker Danzig LLP.
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March 25, 2024
3 Class Claims Follow US Antitrust Suit Against Apple
Days after the U.S. Department of Justice filed a sweeping antitrust suit against Apple in New Jersey federal court, a group of iPhone buyers are filing suit, launching three separate proposed class actions between Friday and Saturday accusing the tech giant of suppressing innovation in the digital apps, wearables and payments industries through anticompetitive agreements.
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March 25, 2024
J&J Exec 'Shocked' Over Atty's Ties With Talc Plaintiffs
Johnson & Johnson's vice president of litigation said on Monday he was "utterly shocked and appalled" upon learning an attorney who served as the company's outside counsel was working with its adversary Beasley Allen Law Firm and one of its attorneys in litigation over the alleged link between the company's talcum powder products and ovarian cancer.
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March 25, 2024
3rd Circ. Says NJ City Can't Stop Sale Of Failed Project's Sites
The Third Circuit tossed a New Jersey city's challenge of a bankruptcy court ruling that allowed the two local properties of a failed affordable housing project to be sold to a third party, according to an unpublished opinion Monday.
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March 25, 2024
FTC Intervenes In Teva-Amneal Row To Push Patent Delisting
The Federal Trade Commission waded into another patent fight Friday with a New Jersey federal court amicus brief targeting the same Teva Pharmaceuticals asthma inhaler patents it has already included in a roster of over 100 it believes were improperly listed in a key federal database.
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March 25, 2024
Arbitration Agreement Scrapped In NJ Doc's Sex Assault Suit
A New Jersey appeals court on Monday undid an order compelling arbitration in a pain management physician's suit alleging a fellow doctor sexually assaulted her, finding the arbitration agreement in her employment contract ambiguous and unenforceable.
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March 25, 2024
NJ Justices End Suit That Alleged Fake Aeropostale Discounts
The New Jersey Supreme Court on Monday dismissed consumers' claims that the owner of several Aeropostale stores in the Garden State deceived them with phony discounts, ruling that the shoppers received the merchandise they expected despite not receiving a true price cut.
Expert Analysis
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Beware Patchwork Of State NIL Laws For Student-Athletes
With each U.S. state at a different stage of engaging with name, image and likeness laws for collegiate and high school student-athletes, the NIL world is as much a minefield for attorneys as it is for the players themselves — and counsel must remain on red alert for any and all legislative changes, say Lauren Bernstein and Dan Lust at Moritt Hock.
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What Justices' Loper Bright Ruling Will Mean For Chevron
The U.S. Supreme Court's recent decision to hear Loper Bright Enterprises v. Raimondo will ultimately have big consequences for agencies' interpretations of ambiguous statutory language, whether the court lets Chevron deference stand, overturns it entirely, or crafts a new contextual standard, say J. Michael Showalter and Samuel Rasche at ArentFox Schiff.
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How Cognizant Bribery Case Could Shape DOJ Investigations
A case playing out in New Jersey federal court – U.S. v. Coburn, involving bribery charges against former Cognizant executives – will examine when a company’s cooperation becomes an outsourced investigation by the U.S. Department of Justice, and could potentially limit the government’s use of certain evidence, says Sara Kropf at Kropf Moseley.
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What Associates Need To Know Before Switching Law Firms
Excerpt from Practical Guidance
The days of staying at the same firm for the duration of one's career are mostly a thing of the past as lateral moves by lawyers are commonplace, but there are several obstacles that associates should consider before making a move, say attorneys at HWG.
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Less Cyber Coverage, More Compliance Risk For Cos.
Despite recent favorable court decisions recognizing cyber coverage under various policies, policyholders face a challenging road ahead due to insurers' new policy exclusions and regulators' new reporting requirements and increased penalties, say Luma Al-Shibib and Steven Pudell at Anderson Kill.
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A Case For Sharing Mediation Statements With Counterparties
In light of a potential growing mediation trend of only submitting statements to the mediator, litigants should think critically about the pros and cons of exchanging statements with opposing parties as it could boost the chances of reaching a settlement, says Arthur Eidelhoch at Eidelhoch Mediation.
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Tackling Long-Tail Legacy Liability Risk: A Defendant's Toolkit
Johnson & Johnson was recently rebuffed in its efforts to employ the "Texas Two-Step," which is likely to affect this increasingly popular method to isolate and spin off large asbestos and talc liabilities, but companies have multiple options to reduce long-tail legacy liability risk, says Stephen Hoke at Hoke LLC.
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Working From Home? Beware Insider Trading, Tipping Risks
The U.S. Securities and Exchange Commission has recently pursued traders who received material nonpublic information from loved ones while working from home, so those with work secrets should take extra precautions and inform family and friends of insider trading risks, say Dixie Johnson and Lauren Konczos at King & Spalding.
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Preparing For Legal Scrutiny Of Data Retention Policies
Two recent cases involving Google and Meta should serve as a call to action for companies to ensure their data retention policies are updated and properly implemented to the degree of being able to withstand judicial scrutiny, especially as more data is generated by emerging technologies, say Jack Kallus and Labeed Choudhry at Kaufman Dolowich.
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Md. Abuse Law Makes Past Liability Coverage Review Vital
Maryland is the first state to allow an indefinite lookback period for previously time-barred lawsuits by victims of child sexual abuse against public and private entities — and lawsuits brought under the new law likely will implicate coverage under insurance policies issued over the past 80 years or longer, say Michael Levine and Olivia Bushman at Hunton.
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EPA's Good Neighbor Ozone Plan: What Cos. Should Know
With the U.S. Environmental Protection Agency's recently issued Good Neighbor Rule set to restrict ozone-forming smokestack emissions from power plants and industrial facilities in 23 states, the time is now for companies to consider options available under the rule to mitigate costs and legal exposure, says John Watson at Spencer Fane.
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Opinion
Attorneys Should Have An Ethical Duty To Advance DEI
National and state bar associations are encouraging attorneys to apply diversity, equity and inclusion practices in the legal profession and beyond, and these associations should take it one step further by formally recognizing ethical duties for attorneys to promote DEI, which could better the legal profession and society, says Elena Mitchell at Moore & Van Allen.
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Data-Driven Insights Are Key To Attracting Today's Clients
As law firm growth slows and competition for clients increases, modern firms must rely on robust data analytics to develop the sector-based expertise and industry insights that clients increasingly prioritize in relationships with counsel, says Lavinia Calvert at Intapp.
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In Arbitration, Consider The Influence Of State Laws
A California appellate court's recent refusal, based in state law, to compel arbitration in Barraza v. Tesla illustrates the importance of understanding substantive and procedural differences between state arbitration law and the Federal Arbitration Act — and when those distinctions can alter case outcomes, says Richard Mason at MasonADR.
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Ghosting In BigLaw: Why Better Feedback Habits Are Needed
Not giving assignments or constructive criticism to junior associates can significantly affect their performance and hours, potentially leading them to leave the firm, but partners can prevent this by asking the right questions and creating a culture of feedback, says Rachel Patterson at Orrick.