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October 17, 2025
3rd Circ. Says No Duty To Inform Criminal Clients Of Liability
The Third Circuit in a precedential ruling Friday declined to apply immigration precedent concerning counsel's obligation to advise their criminal defendant clients about deportation risks associated with prosecutions to the civil setting, holding that the standard applies only in highly specific circumstances.
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October 17, 2025
3rd Circ. Won't Rethink IRS Collections For Preparer Fraud
The Third Circuit declined Friday to reconsider a panel decision allowing the IRS to pursue a woman's unpaid taxes more than 20 years later — well after the normal three-year deadline — because her return preparer committed fraud on her filings without her knowledge.
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October 17, 2025
Federal Courts To Scale Back Operations Amid Shutdown
The federal court system has run out of money and will scale back operations beginning Monday as a result of the ongoing government shutdown, possibly leading to case delays.
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October 17, 2025
Judge Lifts Travel Restrictions Within US For Mahmoud Khalil
A New Jersey federal judge on Friday lifted travel restrictions for Palestinian green card holder Mahmoud Khalil, allowing him to travel anywhere in the U.S. so long as he provides the court with 48 hours' notice.
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October 17, 2025
Animal Medication Co. Mostly Escapes Dog Arthritis Drug Suit
A New Jersey federal judge trimmed claims in a proposed class action accusing animal-health giant Zoetis Inc. of concealing safety risks tied to its canine arthritis drug Librela, finding that the pet owners failed to allege specific misrepresentations or viable product-defect theories.
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October 16, 2025
MTA Wants Truckers' Congestion Pricing Suit Tossed
New York officials have told a Manhattan federal judge that an amended lawsuit alleging congestion pricing tolls wrongfully discriminate against commercial truckers still doesn't offer any new facts suggesting the tolls are unreasonable or violate federal law, so the lawsuit should be tossed for good.
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October 16, 2025
USDA Can't Curb SNAP Benefits As States Fight Data Demand
A California federal judge on Wednesday preliminarily blocked the U.S. Department of Agriculture from withholding potentially billions of dollars in Supplemental Nutrition Assistance Program benefit funds from states that refuse to turn over highly sensitive personal information on millions of SNAP food assistance benefit recipients.
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October 16, 2025
NJ AG Sues Sig Sauer, Alleging Pistol Discharge Defect
The New Jersey attorney general on Thursday launched a suit against Sig Sauer Inc. that seeks a mandatory recall of its P320 handgun on allegations it can fire unexpectedly — a defect that prosecutors said killed a police officer.
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October 16, 2025
Fla. Pension Fund Sues To Block Exxon Retail Voting Program
A police pension fund in Florida hit Exxon Mobil Corp.'s directors with a proposed class action seeking to halt an allegedly unlawful, first-of-its-kind voting program that allows retail shareholders to opt to automatically support the board's recommendations.
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October 16, 2025
States Battle Trump Admin To Recover Solar Program Funds
Attorneys general from across the country are suing the Trump administration for allegedly violating the Constitution and federal law by canceling a $7 billion program providing solar equipment to low-income households.
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October 16, 2025
Netflix Keeps Win In Documentary IP Suit From Atty's Film Co.
A New Jersey federal judge this week declined to reconsider his order throwing out an attorney's copyright infringement suit against Netflix Inc. over his documentary about sexual abuse in the Boy Scouts of America.
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October 16, 2025
3rd Circ. Says FLSA Doesn't Limit Class Member Settlements
The Fair Labor Standards Act tackles only who can litigate claims and is silent on whether settlement class members who have not opted into a collective can release their claims under the federal law, the Third Circuit found Thursday.
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October 16, 2025
School, Priest Avoid Punitive Damages In Clergy Abuse Case
The New Jersey state court jury that awarded $5 million in compensatory damages to a man who claimed he was sexually assaulted by a priest when he was a 15-year-old student at a prestigious Catholic prep school in Morristown declined on Thursday to impose punitive damages.
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October 16, 2025
3rd Circ. Denies DOL's Bid For 2nd Look At H-2A Fine Powers
The full Third Circuit won't weigh whether the U.S. Department of Labor had the authority to use in-house administrative proceedings to impose more than $580,000 in fines on a New Jersey farm for what the department said were violations of the H-2A visa program.
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October 15, 2025
3rd Circ. Clears Cannabis REIT In Investor Fraud Suit
The Third Circuit on Wednesday affirmed the dismissal of a securities fraud class action against a cannabis-focused real estate investment trust that alleged the trust violated securities laws by ignoring red flags about a tenant, with the panel finding that investors failed to show they were intentionally misled.
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October 15, 2025
Chancery 'Rewrote' $3.4B Merger Deal, J&J Tells Del. Justices
Johnson & Johnson told the Delaware Supreme Court on Wednesday that the Chancery Court "rewrote" its $3.4 billion agreement for the acquisition of surgical robotics firm Auris Health, wrongly using the implied covenant of good faith and fair dealing to impose obligations the company never accepted.
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October 15, 2025
Glock Loses Bid To Toss New Jersey AG's Gun Violence Suit
A New Jersey state judge has declined to dismiss a suit brought by the state's attorney general seeking to hold Glock Inc. liable for gun violence, finding that a recent U.S. Supreme Court decision in a case brought by Mexico against gunmakers doesn't bar the state's claims.
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October 15, 2025
3rd Circ. Weighs If AR-15s Are 'Dangerous,' 'Unusual' Arms
The full Third Circuit on Wednesday quizzed counsel in a gun rights case about whether AR-15s, other widely owned semi-automatic firearms, and high-capacity magazines should be considered so "dangerous" or "unusual" as to not be protected by the Second Amendment, with the panel giving no clear leanings as to how it might rule.
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October 15, 2025
AGs Concerned About Landlord Settlements In RealPage Case
Attorneys general of the District of Columbia and three states told a Tennessee federal court Wednesday that they have concerns about a combined $141.8 million worth of class settlements for antitrust claims against several multifamily landlords that allegedly used property management software company RealPage Inc.'s technology for rent price-fixing.
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October 15, 2025
States Seek To Revive FEMA's Disaster-Mitigation Funding
A group of 22 states and the District of Columbia urged a Massachusetts federal court Wednesday to block the Trump administration's termination of a disaster mitigation program under the Federal Emergency Management Agency, arguing such authority lies with Congress.
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October 15, 2025
Seward & Kissel Faces Bid To Expand NJ Malpractice Suit
The wife of a co-founder of hedge fund Two Sigma Investments LP asked a New Jersey state court this week to expand her malpractice suit against Seward & Kissel LLP with counts of fraud and conspiracy to defraud, based on documents turned up in discovery.
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October 15, 2025
3rd Circ. Preview: US Atty, Columbia Activist, Ex-Union Prez
The Third Circuit's late October arguments will include two nationally watched cases scrutinizing President Donald Trump's power to name "interim" government officials and his promise to deport foreign nationals who allegedly supported Hamas or took part in protests against Israel's war in Gaza.
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October 14, 2025
NJ, Del. Judges Stress Value Of Local Counsel For IP Attys
Six judges with significant experience overseeing pharmaceutical patent litigation in the districts of New Jersey and Delaware urged litigators on Tuesday to rely on the expertise of local counsel if they're hoping to impress the court.
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October 14, 2025
Enviro Group Sues To Block LNG Export Terminal Extension
An environmental group told a New Jersey federal judge that the Delaware River Basin Commission unlawfully granted a five-year lifeline for a delayed dock project tied to a proposed liquefied natural gas export terminal in the Garden State.
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October 14, 2025
GC Tells NJ Jury No Punitive Damages For Clergy Accuser
The general counsel for an elite Catholic prep school told a jury in New Jersey state court on Tuesday that it precluded punitive damages for a victim of clergy abuse when it returned a $5 million verdict on compensatory damages last week.
Expert Analysis
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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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.