The Third Circuit's finding that federal labor law blocks courts from stopping National Labor Relations Board cases doesn't apply to a builder's bid to block an imminent bidding deadline on the lucrative Hudson Tunnel Project, the builder and a unionized employee told a New York federal judge.
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TOP NEWS

NJ Builder Says Court Can Decide Tunnel Labor Row

By Braden Campbell

The Third Circuit's finding that federal labor law blocks courts from stopping National Labor Relations Board cases doesn't apply to a builder's bid to block an imminent bidding deadline on the lucrative Hudson Tunnel Project, the builder and a unionized employee told a New York federal judge.

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Expert Invoices Discoverable In J&J Talc MDL, Judge Says

By George Woolston

A New Jersey federal judge said Monday that the plaintiffs steering committee can receive invoices for Johnson & Johnson's experts' work relating to multidistrict litigation alleging the use of talcum powder caused ovarian cancer and mesothelioma, but only after it produces its own expert invoices.

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NJ Slams Town's Bid To 'Unilaterally Rewrite' PFAS Deal

By Juan-Carlos Rodriguez

New Jersey has slammed a bid by Carneys Point Township to intervene in the state's federal suit against Chemours and other companies over PFAS contamination, saying the township shouldn't be allowed to "rewrite" the terms of the deal.

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NJ Hospital Calls Ex-Executive's Bias Claims Deficient

By Carla Baranauckas

A Garden State hospital is urging a state judge to toss major portions of a discrimination and retaliation suit filed by its former chief strategic integration and health equity officer, arguing that her claims under the New Jersey Law Against Discrimination fall short as a matter of law.

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United Says Labor Contract Pushes Wage Row To Arbitration

By Benjamin Morse

Federal labor law requires United Airlines Inc. flight attendants to arbitrate their proposed wage class action, the airline told a New Jersey federal court, saying resolution of the claims hinges on the parties' collective bargaining agreement.

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POLICY & REGULATION

Murphy Taps Another 6 Attys For NJ Superior Court Seats

By Jake Maher

New Jersey Gov. Phil Murphy continued a string of recent nominations to the state Superior Court with a slate of six new nominees, including state and federal prosecutors and practice group leaders at Gibbons PC and Ansell Grimm & Aaron PC.

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THIRD CIRCUIT

3rd Circ. Won't Let Post-Gazette Duck Benefits Injunction

By Emily Brill

A Third Circuit panel is standing by its decision to let an injunction against the Pittsburgh Post-Gazette remain active while the newspaper appeals, saying it won't reconsider its Nov. 24 refusal to stay an injunction requiring the paper to restore its workers' pre-2020 benefits.

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LITIGATION

Brief

NJ Drugmaker, Chubb Settle $6.5M Defense Costs Suit

By Mark Payne

A New Jersey pharmaceutical company and Chubb have reached a settlement to end a lawsuit alleging the insurer owes nearly $6.5 million in outstanding legal fees stemming from a multibillion-dollar arbitration dispute over the development of a COVID-19 drug, according to a stipulation of dismissal from the companies. 

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EXPERT ANALYSIS

How AI Exec Order May Tee Up Legal Fights With States

The Trump administration's draft executive order would allow it to challenge and withhold federal dollars from states with artificial intelligence laws, but until Congress passes comprehensive AI legislation, states may have to defend their regulatory frameworks in extended litigation, says Charles Mills, a clerk at the U.S. District Court for the Northern District of West Virginia.

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AI Evidence Rule Tweaks Encourage Judicial Guardrails

Recent additions to a committee note on proposed Rule of Evidence 707 — governing evidence generated by artificial intelligence — seek to mitigate potential dangers that may arise once machine outputs are introduced at trial, encouraging judges to perform critical gatekeeping functions, say attorneys at Lankler Siffert & Wohl.

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LEGAL INDUSTRY

Bonus Spotlight

MoFo, Kellogg Hansen Exceed Prevailing BigLaw Bonus Scale

By Anna Sanders

Morrison Foerster LLP and boutique law firm Kellogg Hansen Todd Figel & Frederick PLLC both recently unveiled above-market bonuses, according to a MoFo in-house memo and a media report. 

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Analysis

Hagens Berman's Novel DOJ Referral May Have Chilling Effect

By Emma Cueto

A Pennsylvania federal judge's unusual decision to refer prominent plaintiffs firm Hagens Berman LLP to the U.S. Department of Justice for possible criminal investigation over its pursuit of claims related to morning sickness drug thalidomide could have a chilling effect on lawyers' advocacy, law professors and attorneys said.

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Trustee Says Winston & Strawn Is Liable For $1.7B Fintech Bust

By Lynn LaRowe

The trustee of the bankrupt self-styled "anti-woke" financial technology startup GloriFi said Winston & Strawn LLP shouldn't be allowed to escape a malpractice lawsuit over the company's $1.7 billion failure, saying the firm was a knowing participant in the allegedly unlawful activities of its then-CEO.

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Consulting Co. Says Law Firms' Malpractice Cost It $10M

By Rachel Konieczny

A Colorado consulting company told a state court that an Am Law 200 firm and a now-dissolved law firm committed legal malpractice that cost the company $10 million in a lending transaction. 

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Uber May Win Sanctions On Atty Who Disclosed MDL Docs

By Bonnie Eslinger and Mike Curley

A California federal judge said Tuesday it appeared an attorney for plaintiffs claiming Uber failed to protect passengers from sexual assault "acted in a cavalier manner" with a protective order in the multidistrict litigation, but didn't rule on Uber's requests for monetary sanctions nor its bid to kick the attorney off the plaintiff steering committee.

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Brief

Democrats Push For $1.76B To Fix Defender Budget Shortfall

By Courtney Bublé

Almost 50 Democratic lawmakers are urging congressional appropriators to fix the long-standing budget shortfall for federal defenders in the upcoming full-year budget.

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DOJ Says It Could Indict Comey Again

By Jared Foretek

The U.S. Department of Justice on Tuesday said it may once again seek charges against ex-FBI Director James Comey, asking a D.C. federal judge to dissolve a temporary restraining order that bars prosecutors from using evidence seized from Comey's former attorney.

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Analysis

FERC's Fate Uncertain As Humphrey's Executor Teeters

By Keith Goldberg

The future of the Federal Energy Regulatory Commission may hinge on whether the U.S. Supreme Court will remake its 90-year-old precedent that protects members of independent agencies from being fired at will by the president.

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Senate Confirms 3 Judges For La., Miss.

By Courtney Bublé

The U.S. Senate confirmed three judicial nominees Tuesday for federal courts in Louisiana and Mississippi.

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LAW FIRMS IN TODAY'S NEWS

Ansell Grimm

Ashcraft & Gerel

Barnes & Thornburg

Beasley Allen

Berg Hill

Bressler Amery

Bricker Graydon

Chaffin Luhana LLP

Cohen Placitella

Connell Foley

Coppersmith Brockelman

Cozen O'Connor

Cravath Swaine

Dema Law

Fennemore

Fox Rothschild

Genova Burns

Gibbons PC

Gibbs & Bruns

Girard Sharp

Giskan Solotaroff

Hagens Berman

Hangley Aronchick

Hogan Lovells

Hollingsworth LLP

Jubelirer Pass

K&L Gates

Kelley Drye

Kellogg Hansen

Kirkland & Ellis

Lankler Siffert

Littler Mendelson

Mayer Brown

McCarter & English

McElroy Deutsch

McLaughlin & Stern

Meyner & Landis

Michael Best & Friedrich

Mike Scott Law

Milbank LLP

Morrison & Foerster

Norris McLaughlin

Nukk Freeman

O'Melveny & Myers

Paul Weiss

Peiffer Wolf

Perkins Coie

Pietragallo Gordon

Porzio Bromberg

Proskauer Rose

Saxton & Stump

Shook Hardy

Sidley Austin

Smith Eibeler

Taft Stettinius

Welborn Sullivan

Winston & Strawn

COMPANIES IN TODAY'S NEWS

3M Co.

Above the Law

Catalent Inc.

Chevron Corp.

Cisneros

Corteva Inc.

Dell Technologies Inc.

DuPont de Nemours Inc.

Google LLC

Johnson & Johnson

Johnson & Johnson Inc.

Kenvue Inc.

Koch Inc.

Lambda Legal Defense & Educational Fund

OpenAI OpCo LLC

Princeton University

Seton Hall University

Sleep Number Corp.

The Chemours Co.

The District of Columbia Bar

The Newspaper Guild

Uber Eats

Uber Technologies Inc.

United Airlines Holdings Inc.

United Steelworkers

Washington State Bar Association

GOVERNMENT AGENCIES IN TODAY'S NEWS

European Union

Federal Bureau of Investigation

Federal Communications Commission

Federal Energy Regulatory Commission

Federal Reserve System

Federal Trade Commission

Food and Drug Administration

Louisiana Supreme Court

Lumbee Tribe of North Carolina

Mississippi Supreme Court

National Labor Relations Board

New Jersey Court

New Jersey Department of Environmental Protection

New Jersey Supreme Court

New York Attorney General's Office

U.S. Army

U.S. Attorney's Office

U.S. Attorney's Office for the Eastern District of Virginia

U.S. Attorney's Office for the Southern District of New York

U.S. Court of Appeals for the Third Circuit

U.S. Department of Commerce

U.S. Department of Justice

U.S. District Court for the District of Columbia

U.S. District Court for the District of New Jersey

U.S. District Court for the Eastern District of Louisiana

U.S. District Court for the Eastern District of Pennsylvania

U.S. District Court for the Eastern District of Virginia

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of Mississippi

U.S. District Court for the Northern District of Texas

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court

United States District Court for the District of Colorado

United States District Court for the Northern District of West Virginia