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New Jersey
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September 30, 2025
NPR Fights CPB's $30M Grant Shift In Court
A federal judge got assurances from Corporation for Public Broadcasting lawyers Tuesday that it won't commit $30 million to a new National Public Radio alternative for managing the public radio satellite system for at least the next month as he considers a motion from NPR for an injunction blocking the move indefinitely.
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September 30, 2025
NJ Law Firm Defeats Suit Over Boardwalk Pier Investment
A New Jersey law firm won summary judgment in federal court over malpractice claims by a couple suing over a failed investment in an Atlantic City boardwalk project.
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September 30, 2025
Law Professors, Tech Groups Back ROSS In Westlaw IP Fight
A tech startup appealing an adverse fair use ruling to the Third Circuit has received nearly a dozen briefs in support of its position that it did not infringe copyrighted material from Thomson Reuters' Westlaw platform to create a competing legal research tool driven by artificial intelligence.
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September 30, 2025
Seton Hall Whistleblower Case Is Returned To Essex County
A New Jersey state trial court has moved a contentious whistleblower case between Seton Hall University and the school's former president back to Essex County after it was transferred to Hudson County to avoid a potential conflict of interest.
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September 30, 2025
NJ County Says State Police Allowed Mall To Sell On Sundays
Bergen County, New Jersey, is arguing that the New Jersey State Police have ignored illegal retail sales on Sundays at the American Dream mall in East Rutherford despite maintaining a headquarters at the site, in a response to a local government's lawsuit over the practice.
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September 29, 2025
Feds Charge Prophecy Hedge Fund CEO With $294M Fraud
The former CEO of collapsed investment adviser Prophecy Asset Management LP was arraigned Monday on federal fraud charges over his alleged involvement in a $294 million hedge fund wipeout that his former business partner previously pled guilty to.
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September 29, 2025
Pfizer Says Drugmaker Moving Too Early On Arthritis Generic
Pfizer has asked a Delaware federal court to block generic-drug maker Prinston Pharmaceutical from moving forward with plans to sell a generic version of the arthritis drug Xeljanz that would allegedly infringe Pfizer's patent.
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September 29, 2025
DHS Can't Tie FEMA Funds To Immigration Agenda, AGs Say
A dozen state attorneys general sued the Department of Homeland Security in Rhode Island federal court on Monday, accusing it of holding emergency response funding hostage unless they help enforce federal immigration laws, despite a recent court order blocking the department's attempts to condition funds on such assistance.
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September 29, 2025
Tribe Drops Price-Fixing Suit Against Drugmakers, PBMs
The Miccosukee Tribe in Florida has dropped its lawsuit alleging drugmakers and pharmacy benefit managers Eli Lilly, Express Scripts, CVS Health and other companies illegally conspired to limit competition and artificially inflate the price of insulin drugs, according to a notice of voluntary dismissal.
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September 29, 2025
NJ Court Backs Sentence Enhancement For Domestic Abuse
A New Jersey appeals court panel on Monday ruled in a matter of first impression that applying a sentencing enhancement for repeat domestic violence offenders is not "double counting" the latest offense, rebuffing a man's attempt to reduce his sentence for assaulting his girlfriend.
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September 29, 2025
NJ Panel Rejects Suit Over Deadly Warehouse Fire
A New Jersey appellate court on Monday backed the dismissal of a proposed class action that was filed over a deadly December 2021 fire in a Hoboken commercial warehouse that killed two people.
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September 29, 2025
3rd Circ. Denies Pilots' Bid To Revive Military Leave Class
The Third Circuit will not review a Pennsylvania federal judge's order decertifying a class of American Airlines pilots who claim they were denied pay and profit-sharing benefits during their time off on military leave, the court announced Monday.
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September 29, 2025
TikTok Can't Use Section 230 To End NJ AG's Harm Suit
A New Jersey state court judge has rejected TikTok's bid to use an internet safety law carveout that shields publishers of third-party information to end Attorney General Matthew Platkin's lawsuit over the exploitation of children, reasoning that the alleged harm stems from the social media app's design rather than what users view.
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September 29, 2025
McCarter & English Slams Pre-Trial Win Bid In $22M Suit
McCarter & English LLP has asked a Connecticut state judge to block two insurers' summary judgment bids on breach of contract claims connected to a $22.3 million professional negligence lawsuit, saying both sides agreed to a 2026 bench trial and conducted discovery assuming neither side would seek a quick win.
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September 26, 2025
No Immunity For Schools In Abuse Cases, NJ Justices Hear
Counsel for sex abuse victims urged the New Jersey Supreme Court on Friday to find that a 2019 law removes immunity for public entities sued over the actions of staffers, saying during an oral argument that a lower appeals court misinterpreted the statute.
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September 26, 2025
Real Estate Recap: EB-5 Evolving, Insurance Impact, $1B Buy
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including insights into the EB-5 industry amid President Donald Trump's "gold card" investment visa rollout, higher insurance premiums affecting commercial real estate companies, and New York City's first single-asset real estate deal this year to break $1 billion.
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September 26, 2025
States Sue HHS For Order Erasing Gender Ideology In Sex Ed
More than a dozen state attorneys general sued the U.S. Department of Health and Human Services in Oregon federal court Friday, accusing it of violating the Administrative Procedure Act by threatening to revoke grant funding for teen sexual health education unless they eliminate language concerning "gender ideology" from their program materials.
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September 26, 2025
CareDx Asks 3rd Circ. To Rethink $45M False Ad Case
Medical testing company CareDx has asked the Third Circuit for a panel rehearing or a rehearing before the entire circuit to consider reinstating a $45 million jury award in a false advertisement case over genetic testing technology against rival Natera.
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September 26, 2025
$33M NJ Mansion Wasn't Chinese Exile's, Holding Co. Says
A holding company that nominally owns a $33 million New Jersey mansion has asked a Connecticut federal judge to flip a bankruptcy finding that the company was equitably owned by Chinese exile Miles Guo and functioned as his alter ego, arguing the property was actually paid for by Guo's fraud victims.
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September 26, 2025
Star Witness Against NJ Sen. Menendez Asks For Leniency
The government's key witness in the cases against former New Jersey U.S. Sen. Bob Menendez and his wife told a New York federal court that because he pled guilty and cooperated, his sentence for admitted bribery and other crimes should be time served, not the years his seven counts could carry.
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September 26, 2025
NJ Riverfront Site Owner Hits Ch. 11 Ahead Of Sheriff's Sale
A property owner accused of defrauding an investor with phony development plans for a New Jersey site on the Hudson River sought Chapter 11 protection ahead of a sheriff's sale Friday, claiming it owes $67.3 million to creditors that include a foreclosing developer.
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September 26, 2025
Board Admonishes NJ Atty Over Remarks To Medical Provider
A New Jersey attorney was admonished by the state's disciplinary review board for threats issued against a medical professional seeking payment for services, which the board said violated the rules of professional conduct.
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September 26, 2025
Gordon Rees Brings On NJ Litigator From Litchfield Cavo
Gordon Rees Scully Mansukhani LLP has expanded its team in New Jersey and bolstered the firm's professional liability defense practice by hiring an attorney who worked at Litchfield Cavo LLP for a decade.
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September 25, 2025
NJ Fed Courts Tighten Rules On Anti-Counterfeiting Suits
Citing an "uptick" in intellectual property theft suits against online counterfeiters, New Jersey's chief district judge issued a new standing order Thursday tightening rules on infringement suits that often name numerous defendants.
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September 25, 2025
NJ Justice Hints 'Essential' A Key Term In Benefits Case
New Jersey Supreme Court Justice Rachel Wainer Apter asked Thursday if a worker can be considered an "essential employee" under an executive order but not under a COVID-19 law governing workers' compensation, as the court considered a school district's bid to deny the designation to a deceased teacher.
Expert Analysis
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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How 9th Circ. Customs Ruling Is Affecting FCA Litigation
The Ninth Circuit’s recent Island Industries decision holding that the U.S. Court of International Trade doesn’t have exclusive jurisdiction over whistleblower suits involving import duties has set the stage for the False Claims Act to be a key weapon on the customs enforcement battlefield, say attorneys at Haynes Boone.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Ruling Offers Insurers A Path To Settle Sans Insured Consent
A recent North Carolina federal court ruling, Martin Marietta Materials v. Ace, joins other states in holding that an insurer may consider its own interests in settlement negotiations, outlining a strong strategy for insurers faced with an uncooperative insured and the threat of a large verdict, say attorneys at Phelps Dunbar.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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4 Questions For Insureds To Overcome Flood Exclusions
In a year of record flash flooding in the U.S., affected policyholders, who may assume that their policy's flood exclusion precludes recovery for losses, should look to the many factually and legally nuanced cases presenting pathways to coverage, says Micah Skidmore at Haynes Boone.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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3rd Circ. FMLA Suit Revival Offers Notice Rule Lessons
In Walker v. SEPTA, the Third Circuit reinstated a former Philadelphia bus driver's Family and Medical Leave Act lawsuit, finding the notice standard is not particularly onerous, which underscores employers' responsibilities to recognize and document leave requests, and to avoid penalizing workers for protected absences, say Fiona Ong and Leah Shepherd at Ogletree.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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Environmental Justice Is Alive And Well At The State Level
Even as the Trump administration has rolled back federal environmental justice policies, many states continue to prioritize it, with new regulations, strengthened enforcement of existing rules and ongoing private litigation — so companies must stay alert to how state-level EJ enforcement may affect their operations, say attorneys at Crowell & Moring.