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New Jersey
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May 09, 2025
NJ Panel Nixes Debt Adjustment Law's Limited Atty Exemption
The New Jersey state appeals court on Friday ruled that provisions of a state law exposing attorneys representing clients in debt adjustment proceedings to possible civil penalties or criminal charges is unconstitutional and "impermissibly vague."
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May 09, 2025
Justice Souter Was An Unexpected Force Of Moderation
Justice David Souter, who saw the high court as a moderating force apart from the messiness of politics, subverted the expectations of liberals and conservatives alike during his 19 years on the bench.
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May 09, 2025
Retired Supreme Court Justice David Souter Dies At 85
Retired Justice David H. Souter, who served on the U.S. Supreme Court from 1990 to 2009, has died at 85, the court announced Friday.
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May 08, 2025
AMAG Inks $7.5M Deal In Suit Over Preterm-Birth Drug
AMAG Pharmaceuticals has agreed to pay $7.5 million to resolve a group of women's proposed class action accusing it of misleading consumers into believing one of its drugs reduced the risk of preterm births, according to a motion filed Thursday seeking a New Jersey federal court's preliminary approval of the deal.
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May 08, 2025
GAO Denies Challenge To $6.6M GSA Support Services Deal
Best price doesn't have to mean best value, the U.S. Government Accountability Office said, denying a protest lodged over a General Services Administration award for construction support services at a federal building in New York City.
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May 08, 2025
Outback Steakhouse Beats Suit Over Woman's Fall Injuries
A New Jersey federal judge has dismissed a suit blaming Outback Steakhouse for causing a woman's fractured arm and leg after she slipped and fell at a Philadelphia area restaurant, saying she failed to identify what exactly caused her fall.
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May 08, 2025
2nd Circ. Weighs New Deportation Test Post-Loper Bright
The Second Circuit on Thursday kicked the tires on a new test for immigrant removal proceedings stemming from criminal convictions, mulling the case of a Chinese man with two convictions in light of the U.S. Supreme Court's recent decision ending deference to agency decisions.
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May 08, 2025
3rd Circ. Rejects Challenge To Medicare Drug Price Program
The Third Circuit on Thursday rejected AstraZeneca's challenge to the Medicare drug price negotiation program, ruling that the pharmaceutical giant was unable to show how it is injured by the program's guidance or how it violates its due process rights.
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May 08, 2025
Feds Oppose Sentencing Delay For Nadine Menendez
Manhattan federal prosecutors on Thursday asked a judge to deny a request from former U.S. Sen. Robert Menendez's wife, Nadine Menendez, to delay her sentencing on bribery charges for three months, saying she had not provided any "real information" about the request.
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May 08, 2025
Judge Asks DOJ To Define DEI In Health Grant Case
A Massachusetts federal judge on Thursday ordered U.S. Department of Justice lawyers to provide the Trump administration's definitions of diversity, equity and inclusion, saying he needs to know so he can consider whether that is a valid basis for pausing federal health research grants.
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May 08, 2025
NJ Transit Must Face Suit Over Light Rail Crossing Death
A New Jersey appellate panel overturned a trial court's decision granting New Jersey Transit immunity in a wrongful death lawsuit, saying that railroad immunity did not apply to a woman who was lawfully using a pedestrian crossing.
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May 08, 2025
AY Strauss Launches Cannabis Practice With Vicente Atty
A.Y. Strauss announced a new cannabis practice this week, adding an expert in New York and New Jersey cannabis licensing, regulatory compliance, corporate transactions and other services for cannabis clients from Vicente LLP to launch the practice.
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May 07, 2025
9th Circ. Judge Suggests Sidelining Peers To Curb Injunctions
With the U.S. Supreme Court set for a seminal showdown over nationwide injunctions, observers are advocating wide-ranging outcomes, and a Ninth Circuit judge entered the fray Wednesday by proposing that district judges be blackballed for blatant overreach or perceived bias.
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May 07, 2025
Investors Fight J&J, Kenvue Bid To Nix IPO Fraud Suit
A New Jersey federal judge shouldn't reconsider his decision to sustain IPO fraud claims against pharmaceutical giant Johnson & Johnson and a former subsidiary, investors suing the companies said Wednesday by arguing that the judge was right to find that the companies should have disclosed a "serious challenge" to the effectiveness of a common medication ingredient in public filings.
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May 07, 2025
Fed. Circ. Clears Way For Sun Pharma Alopecia Drug
Incyte Corp. can't challenge a board ruling preserving claims in a Sun Pharmaceutical Industries patent covering an alopecia areata drug, the Federal Circuit said Wednesday, finding the company's plans to sell its own product weren't firm enough to give it standing.
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May 07, 2025
Rite Aid Cleared For Quick Ch. 11 Sale Plans
A New Jersey bankruptcy judge on Wednesday approved retail pharmacy chain Rite Aid's plans to host a Chapter 11 auction next week for prescription files, drug inventory and other pharmacy assets during its second bankruptcy.
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May 07, 2025
Vendor Loses Summary Bid In $9M Walgreens Fraud Suit
An Illinois federal judge has refused to hand an electronic accessories distributor a partial win in the company's $9 million dispute over Walgreen Co.'s alleged failure to place its products on premium shelf space because genuine questions exist over whether allegedly insufficient product deliveries made contract compliance essentially impossible.
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May 07, 2025
Envelope Co. Founders, Trust Co. Ink $8M ESOP Deal
Two founders of an envelope manufacturing company and a trustee to the company's employee stock ownership plan have agreed to fork over $8 million to end an ESOP participant's proposed class action alleging mismanagement, according to filings in Delaware federal court Wednesday.
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May 07, 2025
3rd Circ. Backs Judge's Authority In Bankruptcy Appeal
The Third Circuit on Wednesday affirmed a magistrate judge's jurisdiction over a partnership's mineral royalties fight against a company tied to a bankrupt driller, but it sent a dispute over whether the partnership was owed almost $140,000 in royalty payments back to the judge for further consideration.
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May 07, 2025
16 States Sue DOT Over EV Charging Infrastructure Funds
The Trump administration has illegally cut off congressionally approved funding for electric-vehicle charging infrastructure projects, a group of states alleged in a federal lawsuit filed on Wednesday.
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May 07, 2025
3rd Circ. Rejects Feds' Bid To Challenge Venue In Khalil Case
A Third Circuit panel rejected the Trump administration's last-ditch attempt to transfer Columbia University graduate student Mahmoud Khalil's challenge to his detention by U.S. Immigration and Customs Enforcement from New Jersey federal court to Louisiana federal court.
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May 07, 2025
NY Eyes Injunction Against Feds In Congestion Price Fight
New York transportation agencies have asked a federal judge to block the U.S. Department of Transportation from following through on its threat to withhold federal funding for Manhattan roadway projects if the Empire State doesn't halt congestion pricing.
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May 07, 2025
Developer Fights NJ Power Broker's Bid To Nix Civil RICO Suit
A Camden, New Jersey, real estate developer is fighting to keep alive his civil racketeering suit against South Jersey power broker George Norcross, arguing in New Jersey state court the recent dismissal of a related indictment against Norcross "changes nothing" in the civil litigation.
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May 07, 2025
NJ Justices Deem Town Liable For Frivolous Lawsuits
Frivolous litigation by local government officials is not constitutionally protected and carries financial consequences, the New Jersey Supreme Court ruled Wednesday in a 5-0 decision reining in baseless legal battles.
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May 07, 2025
NJ Anti-SLAPP Fee Shift Applies In Federal Court, Judge Says
A New Jersey federal judge held that the Garden State anti-SLAPP law's fee-shifting provision applies in federal court, ruling that a blogger sued for defamation by the CEO of a company that helps retiring athletes find new careers can recover attorney fees and costs if he can successfully dismiss the complaint.
Expert Analysis
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Cos. Face Enviro Justice Tug-Of-War Between States, Feds
The second Trump administration's sweeping elimination of environmental justice policies, programs and funding, and targeting of state-level EJ initiatives, creates difficult questions for companies on how best to avoid friction with federal policy, navigate state compliance obligations and maintain important stakeholder relationships with communities, say attorneys at Arnold & Porter.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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J&J's Failed 3rd Try Casts Doubt On Use Of 'Texas Two-Step'
A Texas bankruptcy court recently rejected Johnson & Johnson's third attempt to use Chapter 11 to resolve liabilities from allegations of injuries from using talcum powder, suggesting that the U.S. Supreme Court's limitations on nondebtor releases, from 2024's Purdue Pharma ruling, may prove difficult to evade, say attorneys at Cadwalader.
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Despite SEC Climate Pause, Cos. Must Still Heed State Regs
While businesses may have been given a reprieve from the U.S. Securities and Exchange Commission's rules aimed at standardizing climate-related disclosures, they must still track evolving requirements in states including California, Illinois, New Jersey and New York that will soon require reporting of direct and indirect carbon emissions, say attorneys at Husch Blackwell.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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A Look At Probabilistic Tracing After High Court's Slack Ruling
Recent decisions following the U.S. Supreme Court's 2023 ruling in Slack v. Pirani have increased the difficulty of pleading Securities Act claims for securities issued in direct listings by rejecting the use of statistical probabilities to establish that share purchases were traceable to a challenged registration statement, says Jonathan Richman at Brown Rudnick.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.