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New Jersey
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May 20, 2024
J&J Says Beasley Allen Looking To 'Bias' Vote On $6.5B Plan
Johnson & Johnson's bankrupt talc unit accused the Beasley Allen Law Firm of attempting to intentionally "bias" the vote against its recently announced proposal to pay out $6.5 billion in a prepackaged reorganization plan to resolve claims that its talc-based baby powder causes ovarian cancer.
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May 20, 2024
McElroy Deutsch Says Ex-Exec's Guilt Boosts Home Claim
McElroy Deutsch Mulvaney & Carpenter LLP doubled down on its attempt to seize the home of two former firm executives following a guilty plea on criminal embezzlement charges earlier this month by one of them, the firm's former chief financial officer.
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May 20, 2024
Menendez Texts With Wife A Legislative Promise, Judge Says
Emoji-laden texts between Sen. Robert Menendez and his wife about an arms sale constitute a legislative promise, a Manhattan federal judge reiterated Monday, as the government seeks to prove the power couple had a corrupt agreement with a New Jersey businessman.
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May 17, 2024
3rd Circ. Won't Rethink Cancellation Of $10M Win In TM Battle
Texans can continue to be subjected to the earworm that is the "Kars 4 Kids" jingle, as the Third Circuit declined this week to reconsider its ruling against a local charity that had temporarily won a $10 million judgment in a trademark dispute over the name.
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May 17, 2024
Eagles Coach Didn't Fumble When He Flew Nest, Panel Says
Philadelphia Eagles Head Coach Nick Sirianni and his wife were allowed to back out of buying a $2.3 million home in New Jersey because the sellers hadn't disclosed or obtained a waiver for a "right of first refusal" from a previous owner's children, a New Jersey state appeals court affirmed Friday.
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May 17, 2024
Dozens Of Pro Bono Attys Back 3rd Circ. Nominee Mangi
Forty-nine pro bono partners, counsel and chairs from major law firms and organizations wrote to Senate leadership on Friday with concerns that the staunch opposition against Third Circuit nominee Adeel Mangi over his pro bono work will have a chilling effect on future attorneys seeking judgeships, according to a letter shared with Law360.
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May 17, 2024
NJ Panel Cites Bad Expert Opinion In Tossing Malpractice Suit
A New Jersey appellate court upheld Thursday the dismissal of a legal malpractice dispute accusing an attorney of botching a woman's suit over a restaurant attack where she ended up recovering the minimum award.
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May 17, 2024
NJ Atty Escapes Malpractice Suit Over UPS Bias Suit
A New Jersey state appeals court on Friday refused to revive a legal malpractice lawsuit from a UPS driver alleging his ex-lawyer did not disclose his working relationship with Day Pitney LLP, the firm that represented the delivery company in the driver's underlying racial discrimination suit.
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May 17, 2024
Menendez Bribery Trial: 5 Things To Know About Week 1
Explosive opening statements, closed-door jury questioning and an FBI agent's recount of the moment he found a treasure trove of gold bars and cash highlighted the first week of trial in the government's second corruption case against U.S. Sen. Robert Menendez.
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May 17, 2024
3rd Circ. Seeks Briefing On Wesco's Impact In 401(k) Fee Suit
The Third Circuit asked a digital services business and employees who sued the company alleging it saddled their retirement plan with excessive recordkeeping fees to explain whether the workers' bid to revive their tossed suit should be kicked to a lower court in light of a recent precedential ruling.
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May 17, 2024
TD Bank Says Ex-Advisers Enticed $25M To Raymond James
TD Bank NA and its subsidiary TD Private Client Wealth LLC are accusing two former employees of "brazenly" breaking nonsolicitation agreements by moving to Raymond James Financial Services Inc. and enticing $25 million in client assets to come with them.
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May 17, 2024
Blackstone Leads $7.5B Financing For AI-Focused CoreWeave
Artificial intelligence-focused infrastructure provider CoreWeave said Friday it had secured an agreement for a $7.5 billion debt financing facility provided by Blackstone with strategic participation from hedge fund Magnetar Capital, the co-lead investor, and tech investor Coatue.
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May 17, 2024
'We Feel It': NJ Ranks 2nd In Ch. 11 Cases, Chief Judge Says
New Jersey federal courts saw the second most Chapter 11 bankruptcy filings in the nation over the last year, Chief U.S. District Judge Renée Marie Bumb of the District of New Jersey said on Friday.
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May 17, 2024
NJ Courts Chief Warns Plan To Pick Appeals Bench A 'Mistake'
Chief Justice Stuart Rabner of the New Jersey Supreme Court on Friday defended how the state judiciary assigns appeals court judges, criticizing a proposal to move the power to appoint appellate judges from the chief justice to the state Senate and the governor's office.
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May 16, 2024
No Double Jeopardy In Philly Execs' Embezzlement Case
Two former Philadelphia nonprofit executives convicted for an embezzlement scheme weren't subject to double jeopardy when a judge rescheduled trial after several jurors left, the Third Circuit ruled Thursday, reasoning that the court had no other choice.
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May 16, 2024
3rd Circ. Shuns Teva's 'Novel' Appeal On Israeli Investor Class
The Third Circuit on Thursday turned away an appeal brought by Teva Pharmaceutical Industries Ltd., saying the class certification stage was not the right time to hear arguments over the "novel" question of the applicability of U.S. securities laws to Israeli-listed shares.
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May 16, 2024
Metal Co., Supplier Will Pay $14M To Settle NJ Pollution Suit
New Jersey Attorney General Matthew J. Platkin unveiled a $14 million settlement Thursday between the state's Department of Environmental Protection and the once-owners of a former metal etching facility and its supplier for their alleged role in contaminating groundwater with trichloroethylene in northern Bergen County.
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May 16, 2024
3rd Circ. Revives Wesco Retirees' ERISA Fee Case
The Third Circuit reinstated a proposed class action Thursday accusing Wesco Distribution Inc. of letting its employee retirement plan pay exorbitant administrative fees, ruling a trial court's "partly valid" criticisms of the suit weren't enough to warrant dismissal.
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May 16, 2024
NJ Judge Scrutinizes J&J Unit's Libel Claim Over Talc Study
A bankrupt Johnson & Johnson unit's libel claims over a scientific article linking talcum powder to mesothelioma intrigued a New Jersey federal judge during an oral argument on Thursday, prompting her to muse that the author's consideration of other exposures seemed to bolster the study at issue.
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May 16, 2024
Lowenstein Sandler Pro Bono Head Leaves Legacy Of Service
As she winds down her tenure leading Lowenstein Sandler LLP's Center for Public Interest this month, Catherine Weiss is leaving behind a legacy as a fierce public advocate for immigrants and reproductive rights at a time when public interest law as a whole faces new challenges.
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May 16, 2024
NJ Atty Can't Revive Fee Dispute With Former Law Partner
A New Jersey appellate court upheld Thursday the dismissal of a fee dispute between two former law partners arguing over the allocation of proceeds from a personal injury settlement.
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May 16, 2024
Menendez Bribery Case Criminalizes Gifts, Jury Told
Prosecutors are trying to criminalize friendship, gifts and advocacy, the counsel for one of U.S. Sen. Robert Menendez's co-defendants said Thursday in an opening statement in the corruption trial in Manhattan federal court.
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May 15, 2024
Daimler Settles Worker's Suit Claiming Pot Test Got Him Fired
Daimler Truck North America LLC has settled an employee's New Jersey federal court suit claiming he was illegally fired over a positive cannabis test following an accident in a company vehicle, even though he wasn't found at fault for the incident, according to a Wednesday court filing.
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May 15, 2024
3rd Circ. Says Pa. City Isn't Covered In Cop's Employment Suit
A Pennsylvania city cannot obtain coverage for underlying litigation brought by a police officer who has repeatedly sued the city, as his present suit is related to previous ones and is therefore excluded by the policy, the Third Circuit said Wednesday.
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May 15, 2024
Wage Damages Update Isn't Retroactive, NJ Justices Say
The New Jersey Supreme Court on Wednesday held an amendment to the state's wage laws adding liquidated damages and extending the statute of limitations should only be applied to conduct that occurred after its effective date, backing the dismissal of some claims brought by laborers alleging unpaid pre- and post-shift work.
Expert Analysis
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The 7 Most Notable FCRA Cases Of 2023 So Far
Both consumer reporting agencies and furnishers should take note of Fair Credit Reporting Act decisions by federal district and appellate courts so far this year, especially those concerning dispute processing and the distinction between legal and factual inaccuracies, say attorneys at Troutman Pepper.
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To Hire And Keep Top Talent, Think Beyond Compensation
Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.
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What Circuit Split May Mean For FCA Kickback Liability
The recent circuit split on the meaning of the resulting-from provision in False Claims Act kickback cases could have significant ramifications for FCA liability, as it could affect the standard of causation that plaintiffs must meet to establish liability, say former federal prosecutors Li Yu, Ellen London and Gregg Shapiro.
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Perspectives
More States Should Join Effort To Close Legal Services Gap
Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.
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Identifying Trends And Tips In Litigation Financing Disclosure
Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.
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Series
The Pop Culture Docket: Judge Elrod On 'Jury Duty'
Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.
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NJ Justices Clarify Bribery Law Scope, But Questions Remain
The New Jersey Supreme Court’s recent State v. O'Donnell decision clarified that the state’s bribery law unambiguously applies to candidates for public office, but there are still unresolved questions about how the ruling may affect lobbyists, undeclared candidates and political speech, says Scott Coffina at Pietragallo Gordon.
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Upcoming High Court ADA Cases May Signal Return To Basics
Recent cases, including Acheson Hotels v. Laufer, which will be heard by the U.S. Supreme Court in October, raise a fundamental question of whether Americans with Disabilities Act litigation has spiraled out of control without any real corresponding benefits to the intended beneficiaries: individuals with true disabilities, says Norman Dupont at Ring Bender.
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4 Business-Building Strategies For Introvert Attorneys
Excerpt from Practical Guidance
Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.
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Opinion
3 Ways Justices' Disclosure Defenses Miss The Ethical Point
The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.
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Cannabis Plain Packaging Rules: Examples And Opportunities
States that have legalized adult-use cannabis in recent years have adopted stringent requirements for product packaging and labeling in an effort to protect minors, and these rules may provide a vehicle for compromise between proponents and opponents of legalization, say attorneys at Troutman Pepper.
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What Courts' Deference Preference Can Mean For Sentencing
The Fifth Circuit’s recent U.S. v. Vargas decision deepens the split among federal appeals courts on the level of deference afforded to commentary in the U.S. sentencing guidelines — an issue that has major real-life ramifications for defendants, and is likely bound for the U.S. Supreme Court, say Jennifer Freel and Michael Murtha at Jackson Walker.
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Caregiver Flexibility Is Crucial For Atty Engagement, Retention
As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.
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What To Watch As Justices Take Up Title VII Job Transfer Case
With its recent decision to hear Muldrow v. City of St. Louis, the U.S. Supreme Court has agreed to decide whether an involuntary job transfer can count as employment discrimination under Title VII — an eventual ruling that has potential to reshape workplace bias claims nationwide, says Adam Grogan at Bell Law Group.
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Opinion
3 Principles Should Guide MTC's Digital Products Tax Work
As the Multistate Tax Commission's project to harmonize sales tax on digital products moves forward, three key principles will help the commission's work group arrive at unambiguous definitions and help states avoid unintended costs, say Charles Kearns and Jeffrey Friedman at Eversheds Sutherland.