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New Jersey
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April 25, 2024
NJ Couple Convicted Of Luring Immigrants Into Forced Labor
A New Jersey federal jury has convicted a Burlington County couple on charges related to luring two undocumented immigrants to the United States and forcing them to perform domestic labor and childcare in their home, federal prosecutors announced Wednesday.
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April 25, 2024
Class Counsel Seeks $31M From $93M Lipitor Settlement
Attorneys representing a class of buyers in antitrust litigation against Pfizer over the cholesterol medication Lipitor have asked a New Jersey federal judge to approve their request for $31 million in fees after the two sides agreed to a $93 million settlement in February.
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April 25, 2024
Ohio Deer Repellent Co. Hit With Trade Secrets Suit In NJ
A New Jersey deer repellent company claims that an Ohio company, which was formerly a licensee, is stealing trade secrets by continuing to use its proprietary techniques and procedures after the licensing agreement lapsed.
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April 25, 2024
EEOC Urges 3rd Circ. To Revive Fired Worker's Reprisal Suit
The U.S. Equal Employment Opportunity Commission urged the Third Circuit to reinstate a former manager's lawsuit accusing a glass company of firing him because he refused to fire his plant's only two Black workers, saying a jury should hear the dispute.
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April 25, 2024
NJ Law Firm Accusing Of Sharing Client's Privileged Info
New Jersey law firm DiFrancesco Bateman Kunzman Davis Lehrer & Flaum PC has been hit with a malpractice lawsuit in state court from an attorney and commercial real estate developer alleging the firm passed along privileged information to another client in connection with a separate lawsuit.
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April 24, 2024
Hedge Fund Says Credit Suisse Misled On Bonds' Health
U.S.-based hedge fund Appaloosa LP is accusing the former Credit Suisse in New Jersey federal court of misleading investors about its financial health before $17 billion of its bonds were wiped out in a merger with its Swiss competitor UBS.
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April 24, 2024
Panel Reinstates Suit Over Hospital Workers' COVID Deaths
A New Jersey appellate panel on Wednesday reinstated a suit seeking to hold two hospitals liable for the COVID-19 deaths of a hospital aide and a nurse during the early stages of the pandemic, saying the trial judge made improper findings of fact regarding allegedly reckless conduct.
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April 24, 2024
Instagram Star Gets 7 Years For Multiple Fraud Schemes
A Brooklyn federal judge on Wednesday imposed a seven-year prison term on a former Instagram influencer who admitted to defrauding members of his Muslim community and others out of over $8 million via a bogus investment fund and Bitcoin theft, saying the crime probably should be featured on the television show "American Greed."
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April 24, 2024
Dow Loses Bid To Keep NJ Toxic Water Row In Federal Court
A New Jersey federal judge on Tuesday remanded to state court the attorney general's lawsuit accusing Dow Chemical Co. and other companies of hiding the danger of 1,4-dioxane, a likely cancer-causing compound, and causing "pervasive and widespread" groundwater pollution.
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April 24, 2024
3rd Circ. Won't Let Keystone Coal Escape Black Lung Payout
The Third Circuit on Wednesday denied Keystone Coal Mining Corp.'s request to revoke benefits awarded to a miner with pneumoconiosis under the Black Lung Benefits Act, rejecting its argument that the administrative law judge hearing the case did not properly consider all the evidence.
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April 24, 2024
Senate OKs Testimony And Evidence For Menendez Trial
U.S. senators and current and former staff members have received approval to testify at the bribery trial of Sen. Robert Menendez of New Jersey, which begins in federal court in New York on May 13.
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April 23, 2024
AGs Urged To Probe Anti-Abortion Centers' Privacy Claims
A watchdog group on Tuesday pressed the attorneys general from Idaho, Minnesota, New Jersey, Pennsylvania and Washington to investigate certain "crisis pregnancy centers" that are allegedly misrepresenting their compliance with federal health privacy law, arguing that the organizations are exploiting consumers' misconception that the statute broadly protects their medical data.
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April 23, 2024
Residents Say NJ Township, Grower Rushed Land Use Permits
Residents of a New Jersey neighborhood are hopping mad about plans to put a cannabis growing facility a stone's throw from their residential street, telling a state court that the local township didn't properly assess the site plan for the project before approving it.
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April 23, 2024
Ex-Williams Sonoma Exec Pleads Not Guilty To Fraud
A former Williams Sonoma executive appeared remotely before a U.S. magistrate judge in California federal court on Tuesday and pleaded not guilty to an 18-count superseding indictment alleging he orchestrated a kickback scheme and another involving the diversion of payments.
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April 23, 2024
4 Things Attys Should Know About NJ's $56B Spending Plan
New Jersey Gov. Phil Murphy has crafted a spending plan that furthers his vision of the state as an innovator in offshore wind and artificial intelligence, while drawing pushback for a proposed corporate transit fee and warehouse tax.
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April 23, 2024
Blue States Leap To Defend EPA Vehicle Emissions Rule
California and 21 other blue states, along with a smattering of cities and the District of Columbia, have told the D.C. Circuit that they want to help the U.S. Environmental Protection Agency defend its rule requiring reductions in greenhouse gas emissions from cars, trucks and vans from legal attack by red states.
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April 23, 2024
NJ Appeals Court Backs State's Siting Regs For Solar Projects
A New Jersey state appeals court on Tuesday upheld project-siting requirements under a Garden State law encouraging new solar development, rejecting a renewable energy industry group's argument that the requirements are unlawfully strict.
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April 23, 2024
Feds Seek To Bar Fox Rothschild Atty From Fraud Retrial
The government is seeking to bar a Fox Rothschild LLP partner from testifying as an expert witness for the defense in the retrial of a federal securities fraud case that ended in a dramatic mistrial after a lone juror told the judge that he disagreed with the guilty verdict the forewoman had delivered to the court.
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April 23, 2024
Virtua Says Trinity Health Won't Pay $12M ER Fight Legal Bill
Virtua claimed Monday in New Jersey federal court that Trinity Health has backed out of an agreement to cover $12 million in counsel fees and costs incurred in a legal fight with a rival healthcare system over Virtua's acquisition of Our Lady of Lourdes Health Care Services from Trinity.
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April 23, 2024
Locke Lord Wins Appellate Review Of Malpractice Suit
Locke Lord LLP has convinced a New Jersey state appellate court to review a trial court's ruling rejecting the firm's attempt to evade a malpractice suit alleging that it mishandled a transaction involving an oil refinery project in North Dakota.
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April 23, 2024
New York Jets, Player Sued Over New Jersey Car Crash
A New Jersey man who was seriously injured in 2022 when his car was run off the road by a car driven by New York Jets cornerback Brandin Echols has sued the player and the team in New Jersey state court for negligence, assault by auto and violation of his civil rights.
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April 23, 2024
'Nate The Lawyer' Loses NJ Defamation Suit For Good
YouTube legal livestreamer "Nate the Lawyer" saw his defamation suit against the operator of a social media watchdog account tossed for a final time, after a New Jersey federal judge ruled that he had not shown that any false statements about him were made with reckless disregard for the truth.
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April 22, 2024
NJ Town Can't Beat Sanctions Over Legal Malpractice Suit
A New Jersey state appeals panel upheld Monday, in a published opinion, sanctions against the borough of Englewood Cliffs for bringing a now-dismissed legal malpractice suit after a purportedly unfavorable affordable housing settlement.
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April 22, 2024
J&J Fired Worker For Old Case Against New Boss, Suit Claims
A former senior medical affairs director for Johnson & Johnson's research unit sued the company on Friday in New Jersey state court, alleging she was fired in retaliation for a separate lawsuit filed years earlier in which she named a boss from her prior employer who had recently joined Johnson & Johnson.
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April 22, 2024
Opioid Marketer Completes $1.5M Damages Settlement With Del.
Delaware's chancellor signed off Monday on a $1.5 million payment to the state by a company that helped Purdue Pharmaceuticals market its opioid products, the latest step in a $358 million, 50-state damages settlement reached with Publicis Health LLC.
Expert Analysis
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Indivior Ruling May Affect Rebate Wall Litigation
A New Jersey federal court's recent decision in Indivior v. Alvogen, in which a claim that an alleged rebate wall anti-competitively blocked generic competition survived summary judgment, may provide a blueprint for successfully challenging other drug rebating practices, say Peter Herrick and Monsura Sirajee at O'Melveny.
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Immigration Program Pitfalls Exacerbate Physician Shortages
Eliminating shortcomings from U.S. immigration regulations and policies could help mitigate the national shortage of physicians by encouraging foreign physicians to work in medically underserved areas, but progress has been halted by partisan gridlock, say Alison Hitz and Dana Schwarz at Clark Hill.
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Perspectives
Mallory Gives Plaintiffs A Better Shot At Justice
Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.
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FLSA Collective Actions: Are Courts Still Dancing The 2-Step?
In the absence of amendments to the Fair Labor Standards Act, courts have filled in some of the statute's gaps and established a two-step framework for conditional certification of a class, but recent rulings show signs that courts are ready to hold party plaintiffs to a higher standard if they want to recruit others to join their lawsuits, says Allison Powers at Barack Ferrazzano.
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Opinion
When Corporate Self-Disclosure Threatens Individuals' Rights
The prosecution of former Cognizant executives in New Jersey federal court demonstrates how the U.S. Department of Justice’s corporate enforcement policy can contravene the constitutional rights of individual defendants who are employed by cooperating companies, says Gideon Mark at the University of Maryland.
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Courts Can Overturn Deficient State Regulations, Too
While suits challenging federal regulations have become commonplace, such cases against state agencies are virtually nonexistent, but many states have provisions that allow litigants to bring suit for regulations with inadequate cost-benefit analyses, says Reeve Bull at the Virginia Office of Regulatory Management.
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How Construction Industry Can Help Mitigate Wildfire Impact
The recent uptick of wildfires across North America has resulted in renewed calls for construction job site changes and increased management of sites in order to mitigate the risk of outbreaks and workers' exposure to hazardous air quality, say Josephine Bahn and Jeffery Mullen at Cozen O'Connor.
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Keep Up With Telemarketing Compliance: State Law Roundup
As more states enact mini-Telephone Consumer Protection Acts to seemingly fill the "autodialer" void left by the U.S. Supreme Court's Facebook v. Duguid ruling, compliance will become a difficult game of whack-a-mole — some of the laws regulate equipment, while others restrict to whom calls can be made, and more, say attorneys at Blank Rome.
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Tales From The Trenches Of Remote Depositions
As practitioners continue to conduct depositions remotely in the post-pandemic world, these virtual environments are rife with opportunities for improper behavior such as witness coaching, scripted testimony and a general lack of civility — but there are methods to prevent and combat these behaviors, say Jennifer Gibbs and Bennett Moss at Zelle.
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Minn. Noncompete Ban May Add To Nat'l Venue Choice Tangle
With federal courts already split on which laws govern choice-of-venue clauses in noncompete agreements, the new Minnesota statute that bans noncompetes and empowers workers to void any employment contract that requires out-of-state adjudication will complicate compliance for multistate employers, says Sarah Tishler at Beck Reed.
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ChatGPT Can't Predict The Future Of Antitrust And AI (Yet)
Though OpenAI's ChatGPT has made artificial intelligence a popular topic of conversation recently, the subject of AI and antitrust has been around for years, raising the question of what other competitive concerns might arise as the technology becomes more sophisticated and ubiquitous in our marketplace, say attorneys at Faegre Drinker.
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3 Ways Courts Approach Patent Eligibility At Trial And After
Sorin Zaharia and Mark Liang at O’Melveny analyze all 36 district court cases where patent eligibility under Section 101 was decided at trial or post-trial after Alice, specifically focusing on how different districts address step two of the Alice inquiry, as well as the impact of each approach on the outcome.
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Employer Drug-Testing Policies Must Evolve With State Law
As multistate employers face ongoing challenges in drafting consistent marijuana testing policies due to the evolving patchwork of state laws, they should note some emerging patterns among local and state statutes to ensure compliance in different jurisdictions, say attorneys at Troutman Pepper.
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Tide May Be Turning On Texas Two-Step Bankruptcy Strategy
Recent developments in several high-profile bankruptcy cases suggest that the use of the Texas Two-Step to shield solvent companies from tort claims may be falling out of favor, but until the U.S. Supreme Court hears one of these cases the strategy will remain divisive and the subject of increased scrutiny, say attorneys at Rivkin Radler.
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Challenging Standing In Antitrust Class Actions: Timing
The early resolution of Article III standing disputes in antitrust class actions can result in sizable efficiencies, but some litigants and courts are improperly relying on the Amchem and Ortiz U.S. Supreme Court cases to defer standing issues until after ruling on plaintiffs' class certification motions, say Michael Hamburger and Holly Tao at White & Case.