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New Jersey
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May 06, 2025
Diageo Overstates Agave Content In Tequilas, Suit Says
Global liquor giant Diageo North America falsely advertises its Casamigos and Don Julio beverages as containing 100% tequila agave, despite that the distilled spirits are adulterated with significant amounts of cane or other types of alcohol, according to a proposed class action filed Monday in New York federal court.
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May 06, 2025
3rd Circ. Won't Review PNC's $106M No-Coverage Ruling
The Third Circuit declined Tuesday to reconsider its decision that PNC Bank isn't owed coverage for a $106 million judgment it incurred over claims that its predecessor mismanaged funeral trust accounts.
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May 06, 2025
Judge Warns He Wants 'Candor' In Free-Speech Removal Suit
A Massachusetts federal judge on Tuesday told counsel that he expects "absolute candor" as he presides over a suit challenging the Trump administration's practice of arresting and removing noncitizen students and faculty from the United States over pro-Palestinian speech.
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May 06, 2025
McCarter & English Pushes To End Ex-Atty's Firing Suit
McCarter & English LLP has urged a New Jersey state court to toss an anti-veteran discrimination suit from a former firm attorney and Navy SEAL this week, arguing the lawyer is unsuccessfully trying to pivot off failed claims from his original complaint in later filings.
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May 06, 2025
Atty's Derisive Comments Warrant New Trial, NJ Panel Says
A New Jersey appellate panel on Monday said that an attorney's comments during her opening and closing arguments in a trial over a real estate transaction gone wrong went way too far, vacating a jury's $420,000 verdict in favor of her clients.
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May 06, 2025
Newark Raises Safety Concerns About ICE Detention Center
The city of Newark told a New Jersey federal judge that the GEO Group has started housing immigration detainees at Delaney Hall, even though the city's building department found numerous safety concerns after conducting an initial visual inspection last month.
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May 05, 2025
3rd Circ. Revives Ex-NJ College Prof's Gender Bias Suit
The Third Circuit said a jury should review a Ukrainian ex-professor's claim that The College of New Jersey declined to renew her contract out of gender bias, finding concerns with her commitment could have been driven by her pregnancy.
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May 05, 2025
Burger King Can't Chop Claims It Cooked Up Misleading Ads
Burger King can't toss a proposed class action alleging its advertisements misrepresent the size and amount of toppings in its iconic Whopper hamburger, a Florida federal judge ruled Monday, saying the consumers have plausibly alleged the advertisement photos "go beyond mere exaggeration or puffery."
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May 05, 2025
20 AGs Sue To Stop 'Illegal Dismantling' Of HHS
Twenty attorneys general sued the Trump administration Monday in Rhode Island federal court alleging that massive cuts to the U.S. Department of Health and Human Services violate the Constitution and usurp congressional authority.
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May 05, 2025
Rite Aid Hits Bankruptcy Less Than A Year After Previous Ch. 11
Drugstore chain Rite Aid Corp. reentered bankruptcy Monday less than a year after its earlier reorganization plan was approved, filing for Chapter 11 protection in New Jersey bankruptcy court with more than $1 billion in debt and plans for an asset sale.
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May 05, 2025
NJ Justices Favor Surety Over Savings In Turnpike Project
A New York construction company's bid for a New Jersey Turnpike Authority repair project lacked a validly executed consent of surety, so the agency was not arbitrary, capricious and unreasonable in disqualifying the bid, even though it was the lowest, a divided New Jersey Supreme Court ruled Monday.
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May 05, 2025
Holtec Worker 'Cast Aside' After Beating Cancer, Jurors Told
A former nuclear technician told a New Jersey federal jury Monday that he was a loyal worker who was "cast aside in silence" by Holtec International when he returned to work after beating cancer and was demoted, had his work hours reduced and ultimately terminated without ever receiving a negative performance review.
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May 05, 2025
NJ AG Seeks Public Office Ban For Menendez Over Conviction
Former U.S. Sen. Robert Menendez should be banned from running for, applying for or holding any public office or employment in state or municipal government because of his corruption conviction in federal court last year, Attorney General Matthew J. Platkin told a New Jersey state court Monday.
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May 05, 2025
Ex-Seton Hall President Asks To Add Conspiracy Claim To Suit
Seton Hall University's former president is seeking to add claims to his whistleblower suit against the school alleging that it conspired to "disparage" him in the press partly in retaliation for reporting sexual abuse-related allegations about the school's current president.
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May 05, 2025
Ex-Dilworth Chair Remembered For Wit, Love Of History
Philadelphia attorney, former speechwriter for President Lyndon B. Johnson and longtime partner and co-chair at Dilworth Paxson LLP, Stephen Harmelin has been remembered as a smart, steady and even-tempered lawyer with a dry sense of humor and deep love of U.S. history and the Constitution.
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May 05, 2025
Justices Reject Review Of NLRB's COVID-19 Bonus Pay Order
The U.S. Supreme Court on Monday denied review of a shuttered New Jersey nursing home's challenge to the Third Circuit's enforcement of a National Labor Relations Board decision that found the employer unlawfully slashed or ended COVID-19 bonuses for unionized workers.
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May 05, 2025
2nd Circ. Finds Lack Of Atty At Hearing Not Basis For Appeal
The Second Circuit said Monday that a former IT worker at an unidentified New Jersey law firm who pled guilty to fraud had no right to a court-appointed attorney under the Sixth Amendment for a postjudgment hearing over substituting an asset to satisfy a forfeiture order.
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May 05, 2025
States Sue Trump Over Halt On Wind Energy Projects
A coalition of states led by New York on Monday challenged President Donald Trump's executive order indefinitely freezing the federal review and permitting of wind energy projects, saying the move has created "an existential threat to the wind industry."
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May 02, 2025
Judge Blocks Feds' Appeal In Khalil's Unlawful Detention Suit
A New Jersey federal judge refused to pave the way for the government to appeal his opinion that the court has jurisdiction over Columbia University graduate and pro-Palestinian activist Mahmoud Khalil's lawsuit claiming the Trump administration is unlawfully detaining him for his political views, reasoning that he issued an opinion, not an appealable order.
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May 02, 2025
NY Officials Say Feds' Memo In Filing Mishap Is Fair Game
New York officials told a federal judge on Friday that a mistakenly filed memo from the federal government detailing its weak rationale for trying to cancel Manhattan's congestion pricing program is fair game and cannot be shielded after media outlets widely reported on it.
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May 02, 2025
Ex-SCWorx CEO Seeks Sentencing Delay Over Restitution Row
The former chief executive of SCWorx Corp. who was convicted of securities fraud after publicizing a $670 million COVID-19 test kit contract that never materialized told a New Jersey federal court Friday that he's seeking a one-month delay in his sentencing, citing the government's statement that it would pursue more than $140 million in restitution.
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May 02, 2025
NJ Panel Affirms $2.6M Coverage Payout In Cleanup Case
A New Jersey appeals court on Friday upheld a lower court's decision finding that under Massachusetts law an insurer owed a BASF entity only $2.6 million in coverage for underlying environmental remediation costs after the lower court found a prior, larger coverage calculation it had adopted was "palpably incorrect."
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May 02, 2025
NJ Atty Fights 'Over Punitive' DQ Ruling In Biz Dispute
A New Jersey lawyer urged a federal court to undo a more than $63,000 sanction against him connected to his disqualification from a cosmetics business dispute on Friday, arguing that the decision to disqualify him failed to show that he acted in bad faith.
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May 02, 2025
NJ Bankruptcy Judges May Be Tapped As Unpaid Mediators
Bankruptcy judges may be among the jurists called upon to mediate New Jersey federal court cases without compensation, according to a proposed amendment to court rules.
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May 02, 2025
Off The Bench: DC Stadium, BetMGM Victory, Transfer Rules
In this week's Off The Bench, the Washington Commanders strike a deal to build a new stadium in D.C., BetMGM fends off a consumer fraud suit targeting its gambling promotion efforts and a Rutgers University football player scores another win against the NCAA's transfer rules.
Expert Analysis
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Opinion
Section 230 Debates Will Continue, With Or Without TikTok
Regardless of whether TikTok is forced to shut down in the U.S. in the coming weeks, legal disputes will continue over social media platforms' responsibility under Section 230 of the Communications Decency Act for harms allegedly caused by content shared on their apps, says Carla Varriale-Barker at Segal McCambridge.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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What FARA Enforcement In 2024 Reveals For The Year Ahead
A number of developments, from indictments to legislation, shaped the Foreign Agents Registration Act enforcement landscape last year, and following the U.S. Department of Justice's recently released long-awaited proposed amendments to the law, 2025 shows no signs of slowing down, says Tessa Capeloto at Wiley.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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How Changes In State Gift Card Laws May Affect Cos. In 2025
2024 state legislative movements around the escheatment of unused gift card balances and consumer fraud protections should prompt issuers to consider whether changes in company domicile or blanket cash-back policies are needed in the new year, say attorneys at Alston & Bird.
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The 6 Most Significant FCRA Litigation Developments Of 2024
From a key sovereign immunity decision at the U.S. Supreme Court to a ruling on creditworthiness out of the Seventh Circuit, several important Fair Credit Reporting Act cases wound their way through the courts in 2024, each offering takeaways for both plaintiffs and defendants, say attorneys at Shipkevich.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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NLRB Likely To Fill Vacuum After NMB Jurisdiction Ruling
The National Mediation Board's recent ruling in Swissport Cargo Services LP abandoned decades of precedent by concluding the Railway Labor Act doesn’t apply to airline service providers, likely leading the National Labor Relations Board to assert its jurisdiction instead and potentially causing more operational disruptions and labor strife, say attorneys at Morgan Lewis.
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The Justices' Securities Rulings, Dismissals That Defined '24
The U.S. Supreme Court's 2024 securities rulings led to increased success for defendants' price impact arguments, but the justices' decisions not to weigh in on important issues relating to the Private Securities Litigation Reform Act's pleading requirements may be just as significant, say attorneys at Skadden.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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Opinion
1 Year After Rule 702 Changes, Courts Have Made Progress
In the year since amendments to the Federal Rules of Evidence went into effect, many federal judges have applied the new expert witness standard correctly, excluding unreliable testimony from their courts — but now state courts need to update their own rules accordingly, says Lee Mickus at Evans Fears.
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Gov't Scrutiny Of Workplace Chat Apps Set To Keep Growing
The incoming Trump administration and Republican majorities in Congress are poised to open numerous investigations that include increasing demands for entities to produce communications from workplace chat apps, so companies must evaluate their usage and retention policies, say attorneys at Orrick.
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Top 10 Whistleblowing And Retaliation Events Of 2024
From a Florida federal court’s ruling that the False Claims Act’s qui tam provision is unconstitutional to a record-breaking number of whistleblower tips filed with the U.S. Commodity Futures Trading Commission, employers saw significant developments in the federal and state whistleblower landscapes this year, say attorneys at Proskauer.