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New Jersey
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April 16, 2025
NJ Judge Unsure Injunction For Athlete Would Harm NCAA
A New Jersey federal judge grilled the NCAA Wednesday about how it would be harmed if he granted a Rutgers football player's request to block the NCAA's five-year rule as it applies to him while he pursues an antitrust claim, pointing out the lack of clarity around the rule since the U.S. Supreme Court struck down restrictions on education benefits for athletes.
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April 16, 2025
Interior Dept. Halts Work On East Coast Offshore Wind Farm
U.S. Secretary of the Interior Doug Burgum said Wednesday that he has directed the Bureau of Ocean Energy Management to immediately freeze all construction activities on the Empire Wind offshore wind energy project south of New York's Long Island.
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April 16, 2025
3rd Circ. Punts Mining Co. Document Fight To Ch. 11 Judge
The Third Circuit vacated a Delaware bankruptcy judge's order to unseal records a successor of Essar Steel's U.S. unit is seeking to bolster its antitrust claims against Cleveland-Cliffs, ruling Wednesday that the Chapter 11 judge used the wrong standard.
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April 16, 2025
3rd Circ. Says FAA Doesn't Apply To Drivers' Distributor Pact
The Third Circuit nixed on Wednesday a New Jersey lower court's order making a father-son delivery driver duo arbitrate their wage and hour claims against tortilla producer Gruma Corp., finding the Federal Arbitration Act does not apply to the parties' distributor contract.
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April 16, 2025
Energy Dept. Blocked From Cutting School Research Grants
A Massachusetts federal judge on Wednesday temporarily blocked the U.S. Department of Energy from capping indirect costs for research grants while the court considers arguments from a group of universities that the policy shift will "devastate" scientific research.
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April 16, 2025
Former McCarter & English Atty Fights Bid To Toss Firing Suit
A former McCarter & English LLP attorney and Navy SEAL has accused the firm in New Jersey state court of trying to "smear" him by claiming he was fired for his offensive social media posts rather than his advocacy for veterans.
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April 16, 2025
Locke Lord Escapes Refinery's Suit Over $2.5M Loss
A New Jersey state appeals court said Wednesday Locke Lord LLP's office in the state isn't a strong enough tie to establish jurisdiction in an oil company's legal malpractice suit over the company's $2.5 million loss connected to a North Dakota refinery project.
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April 16, 2025
Disbarred Atty Gets 2½ Years For Investment Scheme
A New Jersey federal judge sentenced a disbarred attorney to 2½ years in prison after he admitted to misleading would-be investors in his financial services company with false promises before using their money for his personal expenses.
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April 15, 2025
Westlaw Rival Urges 3rd Circ. Intervention In AI Fair Use Case
Tech startup ROSS Intelligence has urged the Third Circuit to allow a quick appeal focusing on two key questions from a lower court decision concluding it infringed copyrighted material from Thomson Reuters' Westlaw platform to create an artificial intelligence-backed competing legal research tool.
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April 15, 2025
Dow Says NJ Pollution Suit 'Classic' Case For Federal Court
Dow Chemical Co. told a Third Circuit panel on Tuesday that the New Jersey attorney general's suit accusing it and other companies of causing widespread groundwater pollution through a product containing a likely cancer-causing compound belongs in federal court, arguing the product was developed for the federal government.
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April 15, 2025
Some GoPro Cameras Infringe Patent, Calif. Judge Rules
A California federal judge has ruled that several GoPro cameras infringe a patent revived by the Federal Circuit last year but said a jury needs to hear the issue of whether other products infringe.
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April 15, 2025
39 AGs Urge Congress To Ban PBM Pharmacy Ownership
A bipartisan coalition of attorneys general have urged congressional leadership to pass legislation banning pharmacy benefit managers, their parent companies and affiliates from owning and operating pharmacies in order to boost competition and fairness.
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April 15, 2025
Jersey City, Mayor Can't Escape Fired Aide's Retaliation Suit
Jersey City, New Jersey, and its mayor, Stephen Fulop, are now the lone defendants in a lawsuit by one of Fulop's former aides who was terminated for supporting his conservative sister's political campaign following a Garden State federal judge's dismissal of four city officials from the suit.
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April 15, 2025
3rd Circ. Won't Restart Claims In Dodge Charger Class
A Third Circuit panel on Tuesday held that it could not revive a lawsuit filed by owners of Dodge Charger Hellcats claiming that the muscle cars fell short of their advertised performance, noting that the lower court did not adequately explain its reasoning in dismissing the bulk of the case.
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April 15, 2025
NJ Judge Unsure Of Law Prof's Bid To Revive Free Speech Suit
A New Jersey federal judge seemed unconvinced by a law professor's argument that he should reconsider dismissing her lawsuit alleging Kean University violated her free speech, noting during oral arguments Tuesday that he'd already tossed the case twice.
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April 15, 2025
NJ Judicial Privacy Law Is Unconstitutional, 3rd Circ. Told
A group of data brokers told the Third Circuit that the New Jersey judicial privacy measure, Daniel's Law, is facially unconstitutional and that a federal district judge effectively "rewrote" it when he found otherwise.
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April 15, 2025
NJ Law Firm Hit With Bias Suit From Cancer-Stricken Aide
A former legal assistant at a New Jersey personal injury firm is suing the firm alleging that she was fired for requesting a workplace accommodation after she was diagnosed with and had surgery for ureter cancer.
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April 15, 2025
NJ Atty Disbarred For Misappropriating Estate Funds
The New Jersey Supreme Court has disbarred an attorney after finding that he knowingly misappropriated funds from a client in an estate matter and then spent years ducking disciplinary authorities and practicing with a suspended license.
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April 14, 2025
Coinbase Wants 3rd Circ. To Look At Share Traceability Ruling
Coinbase has asked a New Jersey federal judge to let the Third Circuit immediately review the court's decision to allow an investor class action to proceed, saying it runs contrary to Fifth and Ninth circuit rulings concerning the traceability of share purchases, particularly in companies like Coinbase that went public via a so-called direct listing.
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April 14, 2025
Fed. Circ. Hears Teva Challenge To J&J Schizophrenia Drug
A Federal Circuit panel on Monday grappled with how to determine whether a dosage patent on Johnson & Johnson's blockbuster schizophrenia drug Invega Sustenna is invalid as obvious, questioning attorneys for the company and generics maker Teva about the proper analysis.
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April 14, 2025
Chinese Fintech Says Investors' IPO Suit Still Misses The Mark
Chinese fintech 9F Inc. pushed back on the third version of a complaint filed by its investors, saying the shareholders still fail to address their lack of standing for its claims that 9F violated securities laws by not disclosing an "illegal arrangement" it allegedly had with an insurance firm.
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April 14, 2025
FTC Joins DOJ In Targeting Anticompetitive Regulations
The Federal Trade Commission launched a public inquiry Monday to look into reducing regulations that are hindering competition, following a similar move by the U.S. Department of Justice last month.
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April 14, 2025
NJ High Court Advances DuPont Appeal In $1B Pollution Suit
The New Jersey Supreme Court will allow Chemours and E.I. du Pont de Nemours to appeal a trial court's ruling that a small New Jersey town has standing to bring its $1 billion pollution suit, according to a recent order.
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April 14, 2025
3 Firms Sued By Freight Co. Over $18M Fatal Crash Judgment
Three U.S. law firms botched their representation of a Canadian trucking company in Garden State personal injury lawsuits, resulting in a judgment of more than $18 million and excess attorney fees, according to a lawsuit filed in New Jersey state court.
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April 14, 2025
NJ Attorney Must Face Land Dispute Malpractice Suit
A New Jersey state judge has rejected a Fox Rothschild LLP attorney's bid for an early exit from a suit by a pair of sisters accusing him and related parties of malpractice stemming from the mishandling of their late stepfather's estate.
Expert Analysis
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Parsing NJ Court's Rationale For Denying Lipitor Class Cert.
A New Jersey federal court's recent Lipitor rulings granting summary judgment and denying motions for class certification for two plaintiff classes offer insight into the level of rigorous analysis required by both parties and their experts to satisfy the requirements of class certification, says Catia Twal at Edgeworth Economics.
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Class Action Law Makes An LLC A 'Jurisdictional Platypus'
The applicability of Section 1332(d)(10) of the Class Action Fairness Act is still widely misunderstood — and given the ambiguous nature of limited liability companies, the law will likely continue to confound courts and litigants — so parties should be prepared for a range of outcomes, says Andrew Gunem at Strauss Borrelli.
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Jarkesy Ruling May Redefine Jury Role In Patent Fraud
Regardless of whether the U.S. Supreme Court’s Jarkesy ruling implicates the direction of inequitable conduct, which requires showing that the patentee made material statements or omissions to the U.S. Patent and Trademark Office, the decision has created opportunities for defendants to argue more substantively for jury trials than ever before, say attorneys at Cadwalader.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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Addressing The Growing Hazards Of Mass Arbitration
Though retail companies typically include arbitration provisions in their terms of service, the recent trend of costly mass arbitrations filed by plaintiffs may cause businesses to rethink this conventional wisdom, say attorneys at BCLP.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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3rd Circ. Ruling Shows Benefits Of IP Licenses In Bankruptcy
The Third Circuit’s recent ruling in Mallinckrodt’s Chapter 11 filing, which held that Mallinckrodt could sever its obligations to pay Sanofi royalties on sales of an autoimmune disease drug, highlights the advantages of structuring transactions as nonexclusive licenses for developers of intellectual property, say Gregory Hesse and Kaleb Bailey at Hunton.
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How 3rd Circ. Raised Bar For Constitutional Case Injunctions
The Third Circuit's decision in Delaware State Sportsmen's Association v. Delaware Department of Safety & Homeland Security, rejecting the relaxed preliminary injunction standards many courts have used when plaintiffs allege constitutional harms, could portend a shift in such cases in at least four ways, say attorneys at Gibson Dunn.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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What To Know As Children's Privacy Law Rapidly Evolves
If your business hasn't been paying attention to growing state and federal efforts to protect children online, now is the time to start — there is no sign of this regulation slowing down, and more aggressive enforcement actions are to be expected in the coming year, says Susan Rohol at Willkie Farr.