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New Jersey
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June 10, 2025
3rd Circ. Upholds NFL Case Findings On Censured Atty
The Third Circuit on Tuesday affirmed a Pennsylvania federal judge's ruling that an attorney representing former NFL players seeking concussion litigation settlement proceeds made "material misrepresentations and omissions" concerning medical records during the claims process, for which he was censured by the lower court.
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June 10, 2025
Judge Postpones Sentencing For Menendez Bribery Witness
A Manhattan federal judge has delayed the sentencing date for an associate of former Sen. Bob Menendez who had pled guilty to bribery charges and testified against the former lawmaker, who himself was convicted by a jury in July and sentenced to 11 years in prison.
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June 10, 2025
Green Energy Battery Co. Files Ch. 11 With Sale, Spinoff Plans
A company that manufactures batteries for green energy projects sought Chapter 11 protection in New Jersey bankruptcy court Tuesday, saying it is planning a spinoff and a sale to deal with its $325 million in debt, and citing an "untenable" liquidity situation and claims asserted by unhappy customers.
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June 10, 2025
Blue States Back Harvard In $2.2B Funding Freeze Fight
A coalition of 20 states and the District of Columbia filed a brief supporting Harvard University's bid for a pretrial win in its challenge to the Trump administration's move to freeze $2.2 billion in funds, telling a Massachusetts federal judge that the president's attacks on universities are "an attack on the states themselves."
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June 09, 2025
2nd Circ. Weighs Menendez Bail Bid Over Evidence Mishap
The Second Circuit questioned Monday whether providing excluded evidence to the jury in former U.S. Sen. Bob Menendez's bribery trial is the type of error that can justify bail pending appeal.
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June 09, 2025
3rd Circ. Rejects Ralph Lauren's COVID-19 Coverage Appeal
The Third Circuit on Monday rejected a consolidated appeal from Ralph Lauren Corp. and luggage retailers Tumi Inc. and Samsonite LLC over property insurance coverage for COVID-19-related losses, finding a New Jersey Supreme Court decision from January 2024 wholly settled the matter.
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June 09, 2025
'No Question' DuPont Polluted Delaware River, NJ Court Told
New Jersey told a federal judge on Monday that it was clear E.I. du Pont de Nemours discharged "forever chemicals" into the Delaware River, wrapping up the majority of a first-of-its-kind series of bench trials over whether the company is liable for contamination at a longstanding manufacturing facility.
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June 09, 2025
Liquidation Trustee Sues BofA, Others In Ch. 11 Ponzi Fallout
The liquidation trustee for the bankrupt National Realty Investment Advisors LLC accused Bank of America and other parties in New Jersey bankruptcy court of aiding or participating in the developer's $664 million Ponzi scheme.
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June 09, 2025
Feds Say Columbia Grad's Release Bid Lacks Harm Showing
Columbia graduate Mahmoud Khalil should be denied a court order for his release, the government argued in a letter Monday to a New Jersey federal judge, saying he has not met his burden to prove irreparable harm.
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June 09, 2025
NJ Bar Pushes To Keep Limit On Nonclient Malpractice Claims
The New Jersey State Bar Association is asking that state's Supreme Court not to expand plaintiffs' ability to sue attorneys for malpractice when they weren't those lawyers' clients, according to a Monday announcement.
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June 09, 2025
Sales Executive's Commissions Were Wages, NJ Panel Rules
A New Jersey trial court made a mistake when it ruled that commissions are not wages, a state appeals panel said Monday, reviving a sales executive's wage and hour suit against a technology services company.
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June 09, 2025
Rite Aid Gets Stay Of Appeals From Its Earlier Bankruptcy
The New Jersey bankruptcy judge overseeing Rite Aid's current insolvency case pressed pause Monday on appeals of orders he entered last year in the drugstore chain's previous Chapter 11.
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June 09, 2025
NJ One Step Closer To Adopting 'Next Generation' Bar Exam
An ad hoc committee for the New Jersey Supreme Court is recommending the state adopt the "Next Generation" bar exam in July 2028, following several other states that are planning to roll out the new exam that summer.
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June 09, 2025
15 States, DC Sue ATF Over Machine Gun Trigger Turnaround
Fifteen states and the District of Columbia sued the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives and U.S. Attorney General Pamela J. Bondi on Monday, alleging the Trump administration "suddenly reversed course" on regulations of machine gun conversion devices called forced reset triggers, switching from banning the triggers to returning them to their owners.
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June 09, 2025
TTAB Precedent Bars 'Repeats And Restates' Tactic In Appeals
The Trademark Trial and Appeal Board has rejected an application to register Princeton Equity Group for financial services, deeming the mark geographically descriptive in a precedential opinion warning applicants that arguments incorporated by reference in appeals will be considered forfeited in the future.
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June 09, 2025
Nadine Menendez Says Counsel Shake-Up Erases Conviction
Former Sen. Robert Menendez's wife, Nadine Menendez, has asked a Manhattan federal judge to vacate the jury's guilty verdict in her bribery case, arguing that her Sixth Amendment rights were violated when she was denied her choice of legal representation.
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June 06, 2025
3rd Circ. Partially Undoes Chipotle's Change-Shorting Suit Win
The Third Circuit on Friday declined to fully undo Chipotle's win against a proposed class action that alleged it shortchanged customers during a COVID-19 pandemic coin shortage in 2020, reversing a lower court's determination that a Pennsylvania man waived a breach of contract claim by accepting his change without coins.
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June 06, 2025
Real Estate Recap: Hotels, Healthcare REITs, Secondaries
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including where the hotel sector stands at the midyear, which states are trying to curb healthcare investment models and what is fueling the surge in the real estate secondaries market.
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June 06, 2025
Rite Aid Emphasizes It Will Pay Rent To Objecting Landlords
The twice-bankrupt drug store chain Rite Aid is seeking to reassure landlords who filed a spate of objections in recent days that it intends to continue meeting lease obligations despite its move to close some locations.
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June 06, 2025
NJ Court Blocks LTC Insurer's Bid For Triple-Digit Rate Hike
A New Jersey state appeals court on Friday backed the state's Department of Banking and Insurance in denying a long-term care insurer's request to increase its policy rates, agreeing that the proposed triple-digit rate increase on aging policyholders was excessive.
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June 06, 2025
NJ Milk Co. Says Pa. Regulations Violate Commerce Clause
A New Jersey dairy company on Friday called out two Pennsylvania laws for how they charge out-of-state milk dealers for doing business with producers in the Keystone State, arguing the statutes violate the commerce clause of the U.S. Constitution.
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June 06, 2025
NJ Panel Revives Contract Row Between Pot Co., Landlord
A New Jersey state appeals court on Friday revived a Paterson property owner's suit against a would-be dispensary and its principals alleging they broke a deal to share profits from the dispensary, finding that the trial court wrongly conflated the contract's requirement for local approval with a cannabis license.
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June 06, 2025
Seeger Weiss Aims To Protect Bench With Duke Law Donation
New Jersey-based Seeger Weiss LLP is seeking to help protect judges with a $500,000 donation to an institute at Duke Law School that is named in honor of the murdered son of a federal judge in the Garden State.
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June 06, 2025
Trump Seeks High Court's OK On Education Dept. Job Cuts
The Trump administration has urged the U.S. Supreme Court to lift a Massachusetts federal judge's order halting massive job cuts at the U.S. Department of Education, arguing that the judge's finding that almost 1,400 employees must be reinstated to ensure the department's continued operation "has no basis in reality."
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June 06, 2025
NJ Firm Says It Has No Business Being Sued In Louisiana
New Jersey-based Porzio Bromberg & Newman PC asked a Louisiana federal judge to dismiss a doctor's suit accusing the firm of driving him into bankruptcy, arguing that there's no jurisdiction that would justify continued litigation in the state.
Expert Analysis
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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.
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Notable Q1 Updates In Insurance Class Actions
The first quarter of 2025 was filled with the refinement of old theories in the property and casualty space, including in vehicle valuation, time to seek appraisal and materials depreciation, says Mathew Drocton at BakerHostetler.
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Series
Power To The Paralegals: The Value Of Unified State Licensing
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.