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New Jersey
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September 10, 2025
$36M DOL Award Unjustified, Nursing Homes Tell 3rd Circ.
A group of bankrupt nursing homes told a Third Circuit panel Wednesday that a nearly $36 million judgment against it for not paying employees overtime should be thrown out because the judge who ordered it found sweeping Fair Labor Standards Act violations across the company without the support of the evidence.
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September 10, 2025
Fired FBI Officials Claim 'Campaign Of Retribution' In New Suit
Three former senior FBI officials sued the Trump administration in D.C. federal court on Wednesday, accusing FBI Director Kash Patel of politicizing the agency and firing them as part of a "campaign of retribution" in a bid to keep his own job.
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September 10, 2025
McCarter & English Atty Admitted Breaches, Insurers Claim
Two insurance companies have asked a Connecticut Superior Court judge's permission to file a late request for a quick win on two breach of contract claims against McCarter & English LLP and one of its attorneys, saying the lawyer's deposition left no facts in dispute on those specific counts.
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September 10, 2025
Firm Seeks To Toss Lowenstein Sandler Claims Over Affidavit
Trif & Modugno LLC has reiterated to the Essex County Superior Court in New Jersey that part of a malpractice suit filed against it by Lowenstein Sandler LLP must be dismissed because the national firm did not file an affidavit of merit within the time limit.
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September 10, 2025
NJ Justices Will Weigh Eminent Domain Limits In 2 Cases
The New Jersey Supreme Court has agreed to hear a pair of cases probing the boundaries of eminent domain powers in the state, with one case exploring if officials can exchange taken land for other property earmarked for public use in a swap with a developer.
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September 10, 2025
3rd Circ. Seeks Standing Specifics In Website Tracking MDL
The Third Circuit on Wednesday challenged both retailers and consumers over so-called session replay software capturing online shoppers' data, wanting to know if a proposed class could be more specific about what "sensitive" information was actually shared by Bass Pro Shops and Cabela's and if their stores had any limits on connecting private searches with specific people.
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September 09, 2025
Accuser Avoids Mistrial In 1st Day Of Clergy Sex Abuse Trial
The accuser in New Jersey's first clergy sex abuse trial avoided a mistrial Tuesday after his counsel used "rape" in opening argument, but got a warning to refrain from using the word to describe the oral sex he was allegedly subjected to by a priest at a Catholic prep school in the 1970s.
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September 09, 2025
Sandoz, Regeneron Settle Eye Drug Patent Claims
Sandoz Inc. and Regeneron Pharmaceuticals Inc. have reached a settlement to resolve patent claims Regeneron had asserted over a biosimilar alternative to its Eylea ophthalmic disorder drug.
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September 09, 2025
Band-Aid Buyers Defend Standing, Claims In J&J PFAS Suit
A proposed class of consumers is urging a New Jersey federal court to deny a motion by Kenvue Inc. and Johnson & Johnson seeking to dismiss claims that the companies hid the presence of a group of chemicals known as PFAS in Band-Aid products.
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September 09, 2025
Judge Warns Fake AI Cites May Need 'Eye-Catching Sanction'
A Connecticut federal judge on Tuesday warned a multistate solo practitioner that an "eye-catching sanction" may be necessary to stop attorneys from filing briefs rife with fake case law generated by artificial intelligence systems, while the lawyer bemoaned the fact that he'd "trusted a tool."
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September 09, 2025
US Atty Habba Seeks To Nix NJ Mayor's False Arrest Suit
New Jersey's acting U.S. Attorney Alina Habba told a federal judge Tuesday that Newark Mayor Ras Baraka's lawsuit over his arrest outside an immigration detention center should be tossed since both the government and Habba are immune from suit, and the court cannot impose a damages remedy under U.S. Supreme Court precedent.
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September 09, 2025
4 Possible Factors In Nadine Menendez's Bribery Sentence
The New York federal judge tasked with sentencing Nadine Menendez in the high-profile public corruption case that also ensnared her husband, a once entrenched New Jersey politician, will weigh a higher number of mitigating factors than in the usual criminal case, leaving her ultimate penalty a question mark to legal observers.
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September 09, 2025
3rd Circ. Told Cigna's 'Private Label' Stelara May Alter Market
A Johnson & Johnson subsidiary told a Third Circuit panel it would be "difficult" to calculate its potential monetary losses if a Cigna subsidiary were to launch its own version of an anti-inflammatory treatment, particularly if it permanently changed the market by giving the insurance giant a "private label" version that pharmacies would give preference over the original.
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September 08, 2025
3rd Circ. Revives Ex-Lecturer's Suit Over Alt-Right Views
The Third Circuit on Monday found school disruptions at the New Jersey Institute of Technology caused by a philosophy lecturer's comments don't outweigh his free speech rights, reversing the school's summary judgment win in the professor's lawsuit alleging NJIT violated his constitutional rights by refusing to renew his contract after his off-campus, alt-right comments drew national attention.
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September 08, 2025
Split 4th Circ. Axes States' Challenge To Trump Admin Layoffs
A split Fourth Circuit panel held Monday that a coalition of states doesn't have standing to sue the Trump administration over the mass firing of thousands of probationary government employees, finding that it was the employees — not the states — who "suffered the brunt of the harm" underlying the case.
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September 08, 2025
3rd Circ.'s Grid-Planning Ruling Will Coax States To Play Ball
A Third Circuit decision limiting states' ability to block transmission projects already greenlighted by regional grid operators could make a federal overhaul of transmission planning policies more appealing, even as several states and utilities pursue litigation to block the changes.
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September 08, 2025
Phillips 66 Faces Retrial After 'Improper' Infringement Theory
The Federal Circuit on Monday ordered a new trial over allegations that Phillips 66 infringed Magēmā Technology's oil refinery patents, saying in a precedential opinion that a Texas federal court wrongfully concluded that Phillips' noninfringement theory was harmless, as it had also found the theory "improper and prejudicial."
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September 08, 2025
Phone Dealer, Freight Co. Settle Suit Over Stolen Shipment
PCS Wireless LLC and RXO Capacity Solutions LLC have reached a settlement in the cellphone dealer's lawsuit over a stolen shipment and a contentious discovery dispute, according to a joint notice filed in a North Carolina federal court.
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September 08, 2025
NJ Justices Question Parole Board Rule's Constitutionality
The New Jersey Supreme Court suggested Monday that a state Parole Board regulation posed a due process problem by categorically barring prison inmates from accessing their psychological evaluations even if the board applies the rule in a manner that it says is constitutional.
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September 08, 2025
Appeal Limited To NJ US Atty DQ Ruling, 3rd Circ. Told
The federal government and defense counsel have agreed that the scope of a Third Circuit appeal is limited to the disqualification of New Jersey Acting U.S. Attorney Alina Habba from overseeing two cases.
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September 08, 2025
Dems Again Ask NY Ethics Body To Investigate Bove
Two Democratic senators filed an updated ethics complaint with the New York State Courts' attorney ethics body against recently confirmed Third Circuit Judge Emil Bove, citing what they called his "quid pro quo deal" to drop criminal charges against New York City Mayor Eric Adams and other alleged ethical violations.
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September 08, 2025
New Jersey Powerhouse: Riker Danzig
New Jersey law firm Riker Danzig LLP juggled corporate bankruptcy, personal injury litigation and local dealmaking over the past year to maintain its stature as one of the most consistent institutions in the state.
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September 08, 2025
Tracking The Copyright Fights Between Creators And AI Cos.
In the three years since ChatGPT burst onto the scene, artificial intelligence developers like OpenAI, Meta and Anthropic have faced dozens of lawsuits accusing them of infringing the intellectual property of authors, artists, news organizations and the like.
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September 08, 2025
3rd Circ. Shuts Down Drivers' 'Destination Charge' Suit
The Third Circuit won't give drivers another shot at alleging that FCA US LLC unfairly inflated "destination charge" fees when they bought their vehicles, saying their proposed amended complaint still doesn't show how the carmaker violated 11 states' consumer protection laws.
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September 05, 2025
9th Circ. Won't Pause $26M Fraud Ruling For Co.'s Appeal
The Ninth Circuit has denied a New Jersey pipe importer's request to pause a decision affirming a $26 million fraud judgment while it appeals to the U.S. Supreme Court.
Expert Analysis
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2 Cases May Signal Where FTC Is Headed On Labor Issues
Two recent Federal Trade Commission challenges to no-hire clauses in agreements between building service firms and their customers include comments by future FTC Chair Andrew Ferguson that may offer insight into the direction the FTC is headed on labor issues, says Michael Wise at Squire Patton.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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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.