New Jersey

  • September 22, 2020

    Without Ginsburg, High Court May Still Keep ACA Intact

    The death of U.S. Supreme Court Justice Ruth Bader Ginsburg has ignited new fears that the sudden opening on the bench might lead to the end of the Affordable Care Act in a closely watched case before the high court, but experts cautioned that the health insurance law's fate is far from sealed.

  • September 22, 2020

    California Consumers Lose Bid For Subclass In Lipitor Case

    A New Jersey federal judge on Tuesday shot down a bid from two California women to create a subclass of Golden State consumers in antitrust litigation against Pfizer Inc. and Ranbaxy Inc. over the cholesterol drug Lipitor, swatting away claims of a purported conflict of interest between them and other end-payors.

  • September 22, 2020

    House Dems Slam Pentagon's Pursuit Of Spectrum Sharing

    A pair of House Democrats on Monday criticized the U.S. Department of Defense for floating a trial balloon to push the creation of a government-run next-generation wireless network, saying it would hobble U.S. competitiveness in the global race to deploy 5G.

  • September 22, 2020

    Feds Take Bid To Cut Immigrants From Census To High Court

    The Trump administration pushed the U.S. Supreme Court on Tuesday for permission to exclude unauthorized immigrants from the census count for political redistricting, after a three-judge panel blocked the effort and found that the case was "not particularly close."

  • September 22, 2020

    3rd Circ. Tosses Suit Brought Over Philly Family Killed In Fire

    The Third Circuit on Tuesday affirmed the dismissal of claims brought by the estate of a family that died in an apartment fire in Philadelphia after a "cascade of errors" in the emergency response, in a precedential opinion that maintained that courts can only provide relief in limited circumstances.

  • September 22, 2020

    Tenured Teacher Furloughs Were Reasonable, 3rd Circ. Says

    A Pennsylvania school district took reasonable measures when it furloughed three tenured teachers to combat a budget shortfall, a panel of Third Circuit judges has ruled unanimously.

  • September 22, 2020

    Ex-GC Says NJ Casino Sent False Info To Gambling Enforcer

    An Atlantic City casino's former general counsel on Tuesday hit the hotel with state whistleblower and discrimination claims alleging she was fired for objecting to the business's decision to send false information to the state's Division of Gaming Enforcement and ultimately replaced by a less-experienced male attorney.

  • September 22, 2020

    Coronavirus Regulations: A State-By-State Week In Review

    As the stalemate over a new COVID-19 pandemic relief bill continues in the federal government, state lawmakers and leaders made progress over the past week with new measures to battle the health and financial fallout of the coronavirus.

  • September 22, 2020

    Capital One Customer Fights To Keep Suit Over Flight Refunds

    A Capital One cardholder urged a New Jersey federal judge Tuesday not to toss her proposed class action that claims the bank misled customers about eligibility to receive travel vouchers for flights canceled amid the COVID-19 pandemic, saying despite what the bank says, the case isn't moot.

  • September 22, 2020

    Catalyst Says FDA Is Breaking Law By Approving Rival's Drug

    Catalyst Pharmaceuticals Inc. fought Tuesday against a federal judge's determination that the U.S. Food and Drug Administration lawfully approved a lower-cost version of a drug that treats a rare autoimmune disease, arguing that the Orphan Drug Act does not allow the approval of two drugs to treat the same disease.

  • September 22, 2020

    AGs In A Pandemic: Nessel Talks Michigan Drop Shippers

    Michigan Attorney General Dana Nessel discusses her office's efforts to curb deceptive business practices by drop shippers — middlemen who entice purchasers using false or misleading information — and to educate consumers about the pitfalls of online shopping during the pandemic.

  • September 21, 2020

    Justice Ginsburg: Who She Was, How She Shaped The Law

    Justice Ruth Bader Ginsburg died on Friday at age 87. Here, Law360 looks at the feminist icon's legacy and the battle brewing over her seat.

  • September 21, 2020

    Law360's The Term: The Life And Legacy Of Justice Ginsburg

    Justice Ruth Bader Ginsburg is among the few on the U.S. Supreme Court to have etched her name into legal history long before donning a robe. In a special episode this week, Law360's The Term dives into her legacy as a pioneering women's rights advocate with two guests who worked by her side. 

  • September 21, 2020

    Budding Textualist Star Barbara Lagoa Eyed For High Court

    Known as a budding superstar in Florida conservative legal circles, committed textualist Judge Barbara Lagoa could continue her lightning-quick ascent through the appellate ranks if President Donald Trump taps her for the now-vacant U.S. Supreme Court seat, where she would become the first Cuban-American, and first Floridian, to sit on the high court.

  • September 21, 2020

    NJ Court Skeptical Of Bid To Reopen Zoning Ordinance Fight

    A New Jersey state appeals court on Monday questioned a homeowners association's bid to join a since-dismissed suit as a means of attacking a municipal zoning ordinance, saying the group could raise similar arguments in its own pending suit over the regulations.

  • September 21, 2020

    McConnell Defends Election-Year Plan To Replace Ginsburg

    The Senate majority leader on Monday defended his plan to replace Justice Ruth Bader Ginsburg this year, while the House speaker said the late jurist will become the first woman to lie in state at the Capitol.

  • September 21, 2020

    Clerk Looks To Save Sexual Harassment Suit Against NJ

    A judicial clerk on Monday urged a New Jersey federal court against tossing a sexual harassment suit against the state of New Jersey and several officials, arguing she has provided sufficient evidence for the case to proceed.

  • September 21, 2020

    Zetia Buyers Fight Quick Appeal Of Antitrust Class Cert.

    A class of direct Zetia buyers accusing Merck and Glenmark Pharmaceuticals of conspiring to keep a generic version of the cholesterol drug off the market has urged the Fourth Circuit not to allow the drug companies an immediate appeal of their certification.

  • September 21, 2020

    Navient Takes New Tack To Shave Pa. AG's Student Loan Suit

    Student loan servicer Navient Corp. challenged the federal Consumer Financial Protection Bureau's delegation of enforcement power to Pennsylvania's attorney general late Friday, taking a new tack in its district court battle with the commonwealth after losing a related Third Circuit appeal.

  • September 21, 2020

    Buyers Fight CVS, Walgreens' Bid To Exit Blood Pressure MDL

    A class of consumers urged a New Jersey federal court to reject attempts by Walgreens, CVS and Rite Aid to escape multidistrict litigation alleging they misrepresented a generic high blood pressure drug, saying the pharmacies are shirking obligations by calling themselves drug testers instead of sellers.

  • September 21, 2020

    Quest Unit Beats Med Screeners' Cert. In OT Collective Action

    A New York federal judge has allowed a Quest Diagnostics subsidiary to dodge an overtime collective action from nearly 3,000 medical screeners, finding differences in their responsibilities and how they recorded their hours bar them from litigating the claims as a group.

  • September 21, 2020

    New Exchange MEMX Seeks To Challenge NYSE, Nasdaq

    Members Exchange, or MEMX, a new Wall Street-backed stock exchange seeking to compete against dominant players including the New York Stock Exchange and Nasdaq, began trading several major securities Monday, vowing to improve service and lower costs for investors.

  • September 21, 2020

    Postal Service Must Prioritize Ballot Delivery, Halt Changes

    A New York federal judge agreed Monday to halt U.S. Postal Service changes that allegedly threaten to delay mail-in ballot delivery to voters during a contentious election year complicated by the COVID-19 pandemic, ordering the agency to prioritize election mail delivery and greenlight extra hours for postal workers.

  • September 21, 2020

    Cravath, Latham Craft $8B Deal For Cancer Detection Biz

    Biotechnology firm Illumina Inc. has agreed to buy Grail, a publicly traded cancer detection company it founded back in 2016, for roughly $8 billion, the two California-based companies said Monday, in a deal stitched together by Cravath and Latham & Watkins.

  • September 20, 2020

    Birthdays, Weddings And In Between: RBG And Her Clerks

    Justice Ruth Bader Ginsburg’s law clerks say that she brought the same level of care and dedication to her relationships with them as she did to the rest of her life. Here are some stories they shared, demonstrating how those qualities seeped into her relationships and interactions.

Expert Analysis

  • Opinion

    The Case For A Nonpolitical Federal Judiciary

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    For the last 20 years, at the insistence of both parties, U.S. Supreme Court nominations have been fierce ideological battles — which is bad for the country and bad for the public's perception of the legitimacy of the court, say Judge Eric Moyé, Judge Craig Smith and Winston & Strawn partner Tom Melsheimer.

  • The Keys To A Better Privilege Logging Paradigm

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    Current privilege logging practices to identify what information is being withheld from discovery often lead to costly disputes, so practitioners should adopt a system based on trust and good faith, similar to the presumptions embedded in the business judgment rule for corporate directors and officers, say Kevin Brady at Volkswagen and Charles Ragan and Ted Hiser at Redgrave.

  • Law Firm Hiring Considerations In A COVID-19 Economy

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    Financially robust law firms are entering the recruiting market aggressively knowing that dislocations like the COVID-19 crisis present rare competitive opportunities, and firms that remain on the sidelines when it comes to strategic hiring will be especially vulnerable to having their best talent poached, says Brian Burlant at Major Lindsey.

  • Streamlining Power Transmission Siting To Help Renewables

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    It can take years and cost millions of dollars to secure state regulatory approval for electric transmission system upgrades needed to facilitate clean energy development, so it is important for states to create abbreviated siting processes for projects with limited anticipated impacts, says Andy Flavin at Troutman Pepper.

  • Opinion

    Lawyers Must Act To Preserve Democracy This Election

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    COVID-19 concerns and glaring gaps in registration threaten to dampen voter turnout in the 2020 election, so attorneys should take on the problem by leveraging their knowledge and resources in seven ways, says Laura Brill at Kendall Brill.

  • How To Effectively Defend Witnesses In Remote Depositions

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    When a witness is isolated from the defending lawyer during a remote deposition, carefully planning the logistics and building witness confidence are critical to avoiding damaging admissions, say Jessica Staiger at Archer Daniels and Alec Solotorovsky at Eimer Stahl.

  • Whether And How To Compel Remote Arbitration

    Excerpt from Practical Guidance
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    As the pandemic delays in-person arbitration hearings, mediator and arbitrator Theodore Cheng provides arbitrators with a checklist to examine the rationale and authority for compelling parties to participate in remote hearings.

  • Series

    AGs In A Pandemic: James Talks NY Response

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    New York Attorney General Letitia James highlights her office's efforts to ease financial burdens for New York residents and businesses struggling during the pandemic by fighting fraud, policing employers, assisting with debt relief and more.

  • The Unique Challenges Of Protecting A Law Firm Brand

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    Recent law firm trademark disputes highlight how the tension between legal ethics rules and trademark law can make it difficult for firms to select brands that are distinctive and entitled to protection, say Kimberly Maynard and Tyler Maulsby at Frankfurt Kurnit.

  • Liability For Incidental Migratory Bird Killings Still In Flux

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    Following a New York federal court's recent opinion vacating the U.S. Department of the Interior's move to weaken migratory bird protections, industry players must be mindful of potential liability for incidental killings until the DOI clarifies the issue in a forthcoming rule, say Peter Whitfield and Aaron Flyer at Sidley.

  • The Dollars And Sense Of Antitrust Class Certification: Part 2

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    Detailed analysis of the Third Circuit's Lamictal ruling in the context of other recent pharmaceutical antitrust decisions clarifies when experts can use average prices to demonstrate classwide harm in order to sustain or defeat class certification, say Justin Cohen and Thu Hoang at Wilson Sonsini.

  • What To Know When Making Dispositive Motions In Arbitration

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    As practitioners increasingly turn to dispositive motion practice within arbitration, they should be aware of the underlying authority for these motions and consider practical guidance for their use, says arbitrator and mediator Janice Sperow.

  • Series

    AGs In A Pandemic: Fox Talks Montana Meatpacking

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    Montana Attorney General Tim Fox discusses his efforts with other state attorneys general to push federal authorities to pursue an antitrust investigation of the beef processing industry, and the importance of maintaining competitive markets and protecting consumers during the COVID-19 pandemic.

  • 4 Ways Amicus Briefs Can Support An Overall Legal Strategy

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    The strategic use of amicus briefs can help an appellate court think about a case in a new way and lift an organization's own cause or reputation for legal thought, say Mark Chopko and Karl Myers at Stradley Ronon.

  • What Nonprofits Should Learn From AG Lawsuits Against NRA

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    The recent New York and D.C. attorneys general lawsuits against the National Rifle Association show that states are aggressively policing nonprofits — including activities ordinarily monitored by federal agencies — and should put organizations on notice of regulators' enforcement priorities, say attorneys at WilmerHale.

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