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New Jersey
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March 29, 2024
Exec Says Pharma Co. Yanked Job Offer Over ADHD Medication
A Pennsylvania man with more than two decades of experience in the pharmaceutical industry claims he was denied a job after testing positive for amphetamines, even though he notified the Garden State company that he was on medication for attention deficit hyperactivity disorder, in violation of New Jersey's Law Against Discrimination.
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March 29, 2024
NJ Judge Nixes 'County Line' Ballot For Democratic Primary
A New Jersey federal judge on Friday granted U.S. Rep. Andy Kim's request to order a redesign of the Garden State's election ballots prior to the state's Democratic primary election, a decision that could be the death knell for the state's controversial "county line."
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March 28, 2024
Sen. Menendez Won't Delay May 6 Trial As He Forgoes Appeal
Sen. Robert Menendez told a New York federal judge Thursday he won't seek interlocutory appeal of his order two weeks ago rejecting the lawmaker's bid to dismiss his bribery case based on the speech and debate clause of U.S. Constitution, teeing up his jury trial set for May 6.
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March 28, 2024
DOJ, FTC Weigh In On Another Pricing Algorithm Case
The U.S. Department of Justice and the Federal Trade Commission intervened in another alleged algorithmic collusion case Thursday with a statement of interest arguing that Atlantic City casino-hotels can't duck room rate price-fixing allegations simply by arguing there's no evidence they communicated directly or that pricing recommendations were binding.
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March 28, 2024
Judge Grants Request To Halt Camden Diocese Ch. 11 Plan
A New Jersey bankruptcy judge agreed Thursday to freeze the implementation of the Roman Catholic Diocese's Chapter 11 plan, saying he does not want any action of the diocese to try and moot an appeal by insurance carriers.
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March 28, 2024
Despite NJ Ballot Advantage, Rep. Kim Says He Was Harmed
Although he has secured the preferred spot on the U.S. Senate primary ballot in almost all of the Garden State's counties, U.S. Rep. Andy Kim, D-N.J., says he will still suffer "imminent and irreparable harm" if the ballot design used by 19 New Jersey counties is not changed, according to new court filings.
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March 28, 2024
Rite Aid Says It Has Creditor Deal, Gets OK For Plan Vote
A New Jersey bankruptcy judge Thursday gave Rite Aid the go-ahead to send its Chapter 11 plan out for a creditor vote after hearing it has reached a $47.5 million deal with unsecured creditors and is close to a settlement on state and federal claims over drug sales.
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March 28, 2024
Spokeo Accused Of Flouting NJ Judicial Protection Law
Spokeo Inc., the people search database provider, violated New Jersey state law by not removing information about law enforcement personnel from its database after requests were filed, a data privacy company contends in a lawsuit.
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March 28, 2024
Pillsbury Ducks Malpractice Suit At 3rd Circ. Over Bankruptcy
A Third Circuit panel on Thursday shot down a bid from a group of hotel investors to sue Pillsbury Winthrop Shaw Pittman LLP for malpractice, finding a Delaware bankruptcy court was right in denying the request sought months after a Chapter 11 plan had been finalized.
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March 28, 2024
3rd Circ. Says Missing Dates Can DQ Pa. Mail-In Votes
A split Third Circuit panel ruled late Wednesday that Pennsylvania mail-in ballots returned with missing or incorrect dates on their outer envelope can be discarded, with the majority finding a Civil Rights Act prohibition on disqualifying voters based on "immaterial" paperwork errors applied only to voter registration, not the act of voting itself.
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March 28, 2024
Another Senate Dem Comes Out Against 3rd Circ. Nominee
A third Senate Democrat, Jacky Rosen of Nevada, has come out against Third Circuit nominee Adeel Mangi, who would be the first Muslim federal appellate judge if confirmed, thus putting his nomination in further peril.
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March 27, 2024
Justices Poised To Expand Repeat Offenders' Jury Trial Rights
The U.S. Supreme Court appeared likely Wednesday to agree with the Biden administration and the criminal defense bar that repeat offenders have a constitutional right to let a jury decide if past offenses were sufficiently distinct to trigger lengthy prison terms under a prominent sentencing enhancement.
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March 27, 2024
Atty's 'Bare Minimum' Sank Negligence Death Suit, Panel Says
A New Jersey appellate panel has backed the dismissal of a suit accusing a nursing home of negligently failing to prevent a patient's purportedly fatal fall, ruling a trial court was within its discretion in finding the plaintiff's attorney did "the bare minimum" to produce expert reports and the plaintiff fell short of the threshold to reopen discovery.
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March 27, 2024
LG Chem Mostly Wins Discovery Feud In Vape Battery Suit
A New Jersey appellate court on Wednesday allowed an LG Corp. unit to prevail on 21 out of 22 discovery challenges in a suit over an exploding vape pen battery, saying the majority of the plaintiff's requests were overly broad and not tailored to his claims.
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March 27, 2024
BlockFi Wins Approval Of 'Tremendous' Deal With FTX
A New Jersey bankruptcy judge gave his blessing on Wednesday to a global settlement that ends disputes between fallen cryptocurrency giants BlockFi Inc. and FTX, saying the results were "tremendous."
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March 27, 2024
On Deck In JPML: Baby Food, 23andMe Privacy, NCAA
The Judicial Panel on Multidistrict Litigation's packed meeting Thursday in South Carolina will see the panel mulling consolidation of privacy litigation against 23andMe, claims of heavy metals in baby food, and scholarship-fixing claims by student athletes against the NCAA — and that's just for starters.
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March 27, 2024
Panel Wants NJ Judge Booted Off Bench For 'Blatant' Violations
The New Jersey state courts' Advisory Committee on Judicial Conduct recommended Wednesday that a municipal judge with posts in Burlington and Mercer counties be removed from the bench for "blatant and serious" violations of judicial conduct codes.
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March 27, 2024
Ex-NJ Corrections Officer Admits To Scamming $600K
A former New Jersey corrections officer has admitted to orchestrating two fraud schemes, including an alleged cryptocurrency scam that resulted in losses of more than $600,000, the U.S. attorney for New Jersey has announced.
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March 27, 2024
Camden Diocese Insurers Demand Ch. 11 Plan Be Halted
Several insurers of the Roman Catholic Diocese of Camden told a New Jersey bankruptcy judge Wednesday that the approval of the debtor's third modified Chapter 11 plan stripped the insurers' rights and urged the court to implement a stay on the order.
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March 27, 2024
CoreLogic Sued For Violating NJ Judicial Protections Law
A proposed class action removed to New Jersey federal court on Tuesday accuses property data company CoreLogic of failing to comply with a state law requiring it to delete records of certain public officials, including judges and law enforcement officials.
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March 27, 2024
Atty's Trade Libel Suit Against Family Can Go On, Judge Says
A New Jersey federal judge is allowing class action attorney Carl J. Mayer to move forward with a lawsuit alleging his brother and cousins falsely accused the lawyer of stealing his father's money, ruling that Mayer's claims are not time-barred and that he has pleaded enough facts to support his allegations.
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March 27, 2024
NJ AG Says Teachers On Maternity Leave Faced Possible Bias
The New Jersey attorney general's office said Wednesday that its Division on Civil Rights preliminarily concluded that a public school district may have violated discrimination laws by preventing women on parental leave from coaching extracurricular activities.
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March 26, 2024
Subaru Can't Duck Suit Over Starlink Infotainment Defect
A New Jersey federal judge on Tuesday declined to throw out a proposed class action alleging the Starlink infotainment system in certain Subaru vehicles is defective, throwing out one plaintiff's state consumer protection claim, while allowing the remaining claims to go forward.
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March 26, 2024
X Wants Former Twitter Security Head's Claims In Arbitration
X Corp. said a former Twitter security chief's claims that he was fired for protesting massive budget cuts belong in arbitration, arguing it did not waive its right to arbitrate by refusing to pay more than half of the arbitration fees.
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March 26, 2024
Geico Alleges $5.6M Billing Scam Targeted NY Insurance Cos.
The insurance giant Geico has sued a New Jersey man and three medical imaging companies in New York federal court, accusing them of a $5.6 million scheme to submit fraudulent bills for unnecessary or otherwise useless tests on auto accident victims.
Expert Analysis
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An Overview Of Circuit Courts' Interlocutory Motion Standards
The Federal Arbitration Act allows litigants to file an immediate appeal from an order declining to enforce an arbitration agreement, but the circuit courts differ on the specific requirements for the underlying order as well as which motion must be filed, as demonstrated in several 2023 decisions, says Kristen Mueller at Mueller Law.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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What NJ's Green Remediation Guidance Means For Cleanups
Recent guidance from the New Jersey Department of Environmental Protection promoting greener approaches to restoring contaminated sites demonstrates the state's commitment to sustainability and environmental justice — but could also entail more complexity, higher costs and longer remediation timelines, say J. Michael Showalter and Bradley Rochlen at ArentFox Schiff.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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A Closer Look At The Sen. Menendez Indictment
Attorneys at Dowd Bennett analyze the latest charges filed against Sen. Bob Menendez, D-N.J., and four co-defendants — from bribery to acting as a foreign agent — potential defenses that may be mounted, and broader lessons for white collar attorneys.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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AI Isn't The Wild West, So Prepare Now For Bias Risks
In addition to President Joe Biden's recent historic executive order on safe, secure and trustworthy artificial intelligence, there are existing federal and state laws prohibiting fraud, defamation and even discrimination, so companies considering using or developing AI should take steps to minimize legal and business risks, says civil rights attorney Farhana Khera.
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Rite Aid's Reasons For Ch. 11 Go Beyond Opioid Suits
Despite opioid-related lawsuits being the perceived reason that pushed Rite Aid into bankruptcy, the company's recent Chapter 11 filing reveals its tenuous position in the pharmaceutical retail market, and only time will tell whether bankruptcy will right-size the company, says Daniel Gielchinsky at DGIM Law.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
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Opinion
Courts Shouldn't Credit Allegations From Short-Seller Reports
Securities class actions against public companies can extend for years and lead to significant settlements, so courts should not allow such cases with allegations wholly reliant on reports by short-sellers, who have an economic interest in seeing a company's stock price decline, to proceed past the motion to dismiss stage, says Richard Zelichov at DLA Piper.
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Handling Religious Objections To Abortion-Related Job Duties
While health care and pharmacy employee religious exemption requests concerning abortion-related procedures or drugs are not new, recent cases demonstrate why employer accommodation considerations should factor in the Title VII standard set forth by the U.S. Supreme Court’s 2023 Groff v. DeJoy ruling, as well as applicable federal, state and local laws, say attorneys at Epstein Becker.
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California's Offshore Turbine Plans Face Stiff Headwinds
To realize its innovative plans for floating offshore wind farms, California will face numerous challenges as companies investing in the industry will be looking for permitting transparency, predictable timelines, and meaningful coordination between jurisdictions, agencies, and stakeholders, say David Smith and David McGrath at Manatt.