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New Jersey
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April 10, 2024
3rd Circ. Skeptical Of Challenge To NLRB Bonuses Ruling
A Third Circuit panel appeared skeptical Wednesday of a nursing home's challenge to a National Labor Relations Board decision finding it unlawfully altered bonus pay it issued during the pandemic without bargaining, as judges questioned the company's argument that the bonuses were allowable under an expired contract.
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April 10, 2024
3rd Circ. Revives Retaliation Suit Against Pa. House GOP
The Third Circuit breathed new life Wednesday into a former district office manager's lawsuit alleging she was fired by the Pennsylvania House Republican Caucus for reporting she had discovered mold in a state representative's office, finding she was acting outside her job duties when she spoke up.
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April 10, 2024
Ex-Reed Smith Atty Can't DQ Judge In Bias Suit Against Firm
A former Reed Smith LLP attorney failed in her bid to have a New Jersey state judge disqualified from her gender discrimination suit against the firm, with the judge on Wednesday turning down her argument that he improperly reviewed a certification from the firm's general counsel.
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April 10, 2024
ADP Agrees To Massive Class In Suit Over 401(k) Fees
ADP agreed to the certification of a class numbering more than 50,000 in a suit alleging the company failed to negotiate lower costs for its $7.8 billion employee retirement plan and funneled plan assets to a subsidiary, according to a filing in New Jersey federal court.
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April 10, 2024
Feds Back Trial Delay For Sen. Menendez's Wife's Surgery
Prosecutors on Wednesday told the New York federal judge overseeing Sen. Robert Menendez's bribery case that they are in favor of postponing the May trial for a few months in light of a serious medical condition affecting Nadine Menendez, the senator's wife and co-defendant.
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April 10, 2024
Ex-Judge Dropped From Harassment Suit After NJ Courts' Win
A New Jersey municipal court administrator has agreed to end a suit alleging she was sexually harassed by a former municipal court judge after a state superior court ruled she could not include the Administrative Office of the Courts as a defendant in the case.
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April 10, 2024
NJ Law Firm Not Covered In Malpractice Suit, Insurer Says
A law firm in Princeton, New Jersey, is not owed coverage of a malpractice action alleging one of its attorneys misappropriated the assets of a client's husband, the firm's insurer argued, telling a federal court the firm knew of the underlying legal claims before its policy's inception.
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April 09, 2024
TD Bank Wants 'Absurd' First Horizon Merger Suit Tossed
TD Bank has urged a New Jersey federal judge to dismiss a proposed class action from investors over the bank's failed merger with First Horizon, saying the investors can't sue because the deal never closed and the suit's asserted scienter claim "defies commonsense."
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April 09, 2024
Sen. Menendez's Wife Says Surgery Should Delay Bribery Trial
The wife of U.S. Sen. Robert Menendez said Tuesday that a "serious medical condition" requiring surgery should delay her trial on bribery charges, a case a New York federal judge has firmly set for May 6.
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April 09, 2024
Medieval Times Drops Appeal In TM Battle With Union
Medieval Times has dropped its bid to revive trademark infringement claims against the labor union representing its entertainers, according to a filing in the Third Circuit.
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April 09, 2024
Ex-Client Wants Records Of Seward & Kissel Calls In NJ Suit
The wife of a billionaire hedge fund founder is fighting to keep a subpoena alive for phone records of calls between her husband and Seward & Kissel LLP, telling a New Jersey state court they will show the firm helped cheat her out of marital assets when she filed for divorce.
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April 09, 2024
Fragrance Giants Want Out Of 'Threadbare' Price-Fixing Suit
Four international fragrance giants urged a New Jersey federal court to toss a proposed class action accusing them of conspiring to reduce competition in the multibillion-dollar fragrance market, saying plaintiffs are struggling to point to any price-fixing agreement.
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April 09, 2024
Ex-Prosecutor Intruded In NJ Grant Money Probe, Report Says
A New Jersey investigator looking into allegations of grant fund misuse in the Warren County Prosecutor's Office found sufficient evidence that James Pfeiffer, who abruptly resigned Friday as county prosecutor, made statements that could have intimidated witnesses, the state attorney general's office said in a new report.
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April 09, 2024
Locke Lord Slams 'Faulty' Stance On Malpractice Row Venue
Texas-based Locke Lord LLP has objected to an oil company's expert affidavit filed amid a malpractice suit alleging the firm and its former attorney bungled a transaction involving a North Dakota oil refinery project, redoubling its argument that New Jersey state court is not a proper venue for the complaint.
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April 09, 2024
NJ Justices To Hear If Philly Archdiocese Subject To NJ Court
The New Jersey Supreme Court will determine whether the Archdiocese of Philadelphia is subject to Garden State courts in a lawsuit alleging a former priest sexually abused a teenager at the former priest's Jersey Shore house decades ago.
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April 09, 2024
16 States Seek To Defend EPA Particulate Matter Rule
A coalition of 16 states, New York City and Washington, D.C., has pushed to intervene before the D.C. Circuit in defense of the U.S. Environmental Protection Agency's recent final rule tightening federal standards for fine particulate matter pollution, as it faces challenges from industry groups and Republican-led states.
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April 09, 2024
California Can Set Own Emissions Standards, DC Circ. Says
The D.C. Circuit on Tuesday upheld the U.S. Environmental Protection Agency's Clean Air Act waiver that allows California to set its own greenhouse gas emissions standards for vehicles and run a zero-emission vehicles program, rejecting challenges filed by red states and industry groups.
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April 08, 2024
District Judge Upholds Kwok Daughter, Law Firm Sanctions
A Connecticut federal judge has upheld a bankruptcy judge's $83,370 sanction against the daughter of bankrupt Chinese exile Ho Wan Kwok, saying the record is "abundantly clear" that she, her company and her lawyers stalled and tried to avoid subpoenas from Kwok's bankruptcy trustee.
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April 08, 2024
GOP Candidates Jump Into NJ Ballot Design Fray
Four Republicans running for Congress in New Jersey filed a state lawsuit Monday seeking to compel the state's 21 county clerks to discard the "county line" ballot and use the "office block" ballot that a federal judge has mandated for Democrats in the June 4 primary.
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April 08, 2024
NY Bar Assoc. Building Owner's Ch. 11 Dispute Gets Mediator
A New Jersey bankruptcy judge on Monday ordered mediation for two Chapter 11 cases tied to the owner of the historic New York County Lawyers Association Building in Manhattan, naming longtime bankruptcy lawyer Albert Togut to referee the process.
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April 08, 2024
Insurer Fights 3rd Circ. Bid To Revive Crash Coverage Suit
An insurer has urged the Third Circuit to affirm that a Pennsylvania couple couldn't claim it had acted in bad faith by failing to immediately cover the husband's brain injuries from a crash with an underinsured motorist.
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April 08, 2024
Atlantic City Hotels Say Gov't Backing Can't Save Pricing Suit
Atlantic City casino-hotels continue to push a New Jersey federal judge to toss room rate price-fixing allegations they say get no help from a U.S. Department of Justice and Federal Trade Commission intervening brief that argued algorithmic collusion is just as liable under antitrust law.
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April 08, 2024
Ex-Paralegal Launches Whistleblower Suit Against NJ Firm
An ex-paralegal at New Jersey personal injury law firm Brandon J. Broderick LLC says his former employer created an uncomfortable work place when he reported alleged ethical violations to management.
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April 08, 2024
Menendez Seeks To Block Info On Lifestyle, Political Donors
U.S. Sen. Robert Menendez is seeking to have evidence about his and his wife's lifestyle and spending habits and information about his campaign donors excluded from the bribery trial that the couple and two business associates are facing on May 6, according to court documents.
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April 08, 2024
Jackson Hewitt Preparers Want First OK On $10.8M Deal
Former Jackson Hewitt Inc. workers have reached a $10.8 million settlement with their former employer over claims the company's franchisees entered into an anti-competitive no-poach agreement despite the provision being removed from the company's franchise agreements, according to a Friday motion.
Expert Analysis
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Minn. Product Case Highlights Challenges Of Misuse Defense
The recent decision by a Minnesota federal court in McDougall v. CRC Industries illustrates that even where a product that is clearly being misused results in personal injuries, manufacturers cannot necessarily rely on the misuse defense to absolve them of liability exposure, says Timothy Freeman at Tanenbaum Keale.
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Twitter Legal Fees Suit Offers Crash Course In Billing Ethics
X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.
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Avoid Telehealth Pitfalls In A Post-Pandemic Environment
As federal and state governments roll out various changes to regulation of telehealth services, health practitioners should remain vigilant and ensure that necessary professional standards — such as proper note-taking and documentation — are not neglected in a remote environment, say attorneys at Kaufman Borgeest.
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Offshore Wind Auction Results Portend Difficulties In Gulf
Results of the Bureau of Ocean Energy Management's recent auction of the Gulf of Mexico lease areas tell different stories about the future of offshore wind in the U.S., with the Gulf’s low interest suggesting uncertainty and the Mid-Atlantic’s strong interest suggesting a promising market, say attorneys at K&L Gates.
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ABA's Money-Laundering Resolution Is A Balancing Act
While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.
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2 High Court Cases Could Upend Administrative Law Bedrock
Next term, the U.S. Supreme Court will be deciding two cases likely to change the nature and shape of agency-facing litigation in perpetuity, and while one will clarify or overturn Chevron, far more is at stake in the other, say Dan Wolff and Henry Leung at Crowell & Moring.
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Law Firm Professional Development Steps To Thrive In AI Era
As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.
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Employer Defenses After High Court Religious Bias Decision
Following the U.S. Supreme Court's recent ruling in Groff v. DeJoy — which raised the bar for proving that a worker’s religious accommodation presents an undue hardship — employers can enlist other defense strategies, including grounds that an employee's belief is nonsectarian, say Kevin Jackson and Jack FitzGerald at Foley & Lardner.
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The Basics Of Being A Knowledge Management Attorney
Excerpt from Practical Guidance
Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.
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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.