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November 27, 2024
WSFS Sues Sign-Maker After Letter Falls From Philly Rooftop
Wilmington Savings Fund Society FSB is suing the manufacturer and installer of logo signs placed at the top of buildings in Philadelphia, Pennsylvania and Wilmington, Delaware, alleging breach of contract and professional negligence claims after a large portion of the 'W' on its Philly building broke off and fell 40 stories to the ground.
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November 26, 2024
Tort Report: Fla. Jury Delivers $141.5M Trucking Crash Verdict
A pending Pennsylvania Supreme Court case over Uber's so-called click-through arbitration agreements and a $141.5 million trucking crash verdict out of Florida lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.
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November 26, 2024
NY Groups, Truckers Say Congestion Pricing Unconstitutional
A New York teachers union, and coalitions of residents and truckers have told a federal judge that Manhattan's recently resurrected congestion pricing is still unconstitutional and discriminatory, and federal and state transportation agencies shouldn't be allowed to shake their claims just because the tolls will be reduced.
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November 26, 2024
Beasley Allen Escapes Sanctions For J&J Deposition No Show
A Texas bankruptcy judge on Tuesday laid ground rules for documents and communications to be shared in a messy discovery phase of the Chapter 11 of Red River Talc, Johnson & Johnson's latest liability spinoff, while also saying he wouldn't sanction a Beasley Allen attorney who didn't appear at a deposition last week.
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November 26, 2024
Jackson Hewitt Workers Get Final OK On $10.8M Settlement
A federal judge granted final approval to a $10.8 million settlement between former Jackson Hewitt Inc. workers and the tax preparation firm 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.
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November 26, 2024
Nadine Menendez's Atty Seeks Trial Delay Due To Jan. 6 Case
Counsel for Nadine Menendez in a bribery case that toppled her husband, former U.S. Sen. Robert Menendez, asked a New York federal judge to delay her January trial date because it would likely conflict with the trial of another client facing charges in March in the 2021 Capitol insurrection.
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November 26, 2024
Lawmaker-Turned-Judge Right Not To Recuse, Panel Says
A New Jersey appellate panel has backed a state judge's decision not to recuse herself from a dependency case involving a law she sponsored in her previous role as a member of the New Jersey General Assembly, issuing a precedential ruling that the judge's knowledge of the law would not harm her ability to interpret it fairly.
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November 26, 2024
NJ Law Firm Hit With Whistleblower Suit From Fired Atty
New Jersey law firm Post Polak PA has been hit with a state whistleblower lawsuit from a former associate alleging that she was fired over her handling of a public records case against Englewood Cliffs and her disagreements with the town mayor.
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November 26, 2024
Victim Shares Blame For $1.4M Scam, Connecticut Atty Says
A New Jersey real estate development company is at least partly to blame after it transferred more than $1.4 million to a fraudster without taking proper precautions, a Connecticut attorney said Tuesday in response to a federal lawsuit that accuses her of involvement in the scam.
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November 26, 2024
Mass. AG Fines Burger King Franchises Over Labor Violations
The operator of dozens of Burger King franchises in Massachusetts was hit with $2 million in citations for wage and child labor violations, the state attorney general's office announced Tuesday.
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November 26, 2024
River Group Sues Pa. Silver Refiner Over Water Pollution
A Delaware River advocacy group has filed a Clean Water Act lawsuit against a Pennsylvania silver refinery, alleging the facility has been dumping polluted stormwater into the river.
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November 26, 2024
NJ Equal Pay Law Date Will Guide Atty's Discrimination Suit
Discovery and damages in a former Reed Smith LLP labor and employment attorney's suit claiming gender discrimination will be limited to the effective date of New Jersey equal pay law, a state judge ruled, saying the law doesn't apply retroactively.
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November 26, 2024
Streaming Biz Brightcove Sold In $233M Go-Private Deal
Streaming technology company Brightcove Inc., advised by Goodwin Procter LLP, has agreed to go private and be bought by Latham & Watkins LLP-led software company Bending Spoons in an all-cash deal valued at around $233 million.
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November 25, 2024
Hemp Sellers Say Conn. Cannabis Laws Violate Constitution
A dozen Connecticut hemp retailers filed a federal lawsuit against the governor and attorney general challenging a number of state laws meant to regulate so-called high-THC hemp products, claiming the statutes are so vague they are unconstitutional.
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November 25, 2024
Philly Man Acquitted In $34M Pharmacy Kickback Case In NJ
A Philadelphia man has been acquitted by a New Jersey federal jury of charges related to a $34 million medication kickback scheme involving three other pharmacy executives accused of paying marketers referral fees.
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November 25, 2024
Broker Appeals For Pause of FINRA's 'Unconstitutional' Case
A Philadelphia-area broker challenging the constitutionality of Financial Industry Regulatory Authority's in-house proceedings told a Pennsylvania federal judge on Monday the regulator's case against him should be put on ice while he argues his case before the Third Circuit.
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November 25, 2024
NJ Judge Allows Nonprofit To Join Affordable Housing Fight
A New Jersey nonprofit is aligned with the state's government in a challenge to a new affordable housing obligation framework it adopted, but that alignment of goals does not mean the nonprofit should not also be allowed to intervene on the case, a Garden State judge said in an order.
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November 25, 2024
AG Slams Bid To 'Indoctrinate' Public In NJ RICO Case
New Jersey Attorney General Matt Platkin has rebuffed attacks from businessman George Norcross and others charged in his office's sprawling racketeering case in a pair of opposition filings, accusing the defendants of attempting to try the case in the press and contending that their argument to toss the case is out of place.
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November 25, 2024
Pashman Stein Seeks Win In Fees Dispute With NJ Atty
Pashman Stein Walder Hayden PC has moved for summary judgment in New Jersey state court in a fee dispute with a former client who hired the firm to represent him in a fight with his former law partners about the shutdown of their previous firm.
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November 25, 2024
Ex-Fox Rothschild Corp. Head Ends Bias Suit Against Firm
Fox Rothschild LLP has resolved a discrimination lawsuit with a former head of its corporate department who claimed he was pushed out of the firm after nearly three decades because of his age, according to a stipulation of dismissal filed Monday in New Jersey state court.
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November 22, 2024
Real Estate Recap: AI, NY Rent Control, NEPA
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including one BigLaw partner's view of local governments leveraging artificial intelligence for land use, how landlords may challenge New York's rent laws following the latest High Court cert denial, and what a recent D.C. Circuit ruling could mean for National Environmental Policy Act interpretation.
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November 22, 2024
Chemical Co.'s PFAS Coverage Suit In SC Gets Tossed
A South Carolina federal court tossed BASF Corp.'s suit seeking coverage for thousands of underlying allegations that the chemical manufacturer's firefighting foam caused pollution and injury, finding Friday that a parallel suit in New Jersey state court favors abstention.
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November 22, 2024
AG Doesn't Rep NJ Housing Group's Interests, Court Told
A nonprofit housing advocacy organization argued in New Jersey state court Friday that it should be allowed to intervene in a constitutional challenge to the state's new affordable housing obligations framework, contending that it represents parties that are not adequately represented by Attorney General Matt Platkin.
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November 22, 2024
Port Operators Can't Join Suit Over Delaware River Project
A Pennsylvania federal judge has ruled two terminal companies waited too long to join in on a case that resulted in the revocation of the approval for a new port project on the Delaware River, reasoning that the companies' claim of having a stake in the outcome of the case was untimely.
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November 22, 2024
Dems Introduce Foreign Work Disclosure Bill For WH Picks
Two Democratic lawmakers introduced a bill that would require presidential nominees to disclose any past work they've done for foreign governments, citing concerns that past nominees had potential conflicts of interest.
Expert Analysis
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Avoiding Merger Disputes Via Careful LLC Agreement Drafting
The Delaware Court of Chancery recently upheld a merger in a dispute over the process of amending the target's limited liability company agreement, underscoring the importance of understanding the Delaware LLC Act default rules and careful drafting to allow for contractual modifications, says Jane Trueper at Lathrop.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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Review Shipping Terms In Light Of These 3 Global Challenges
Given tensions in the Middle East, labor unrest at U.S. ports and the ongoing consequences of climate change, parties involved in maritime shipping must understand the relevant contract provisions and laws that may be implicated during supply chain disruptions in order to mitigate risks, say attorneys at Crowell & Moring.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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How A Trump Win Might Affect The H-1B Program
A review of the Trump administration's attempted overhaul of the H-1B nonimmigrant visa program suggests policies Donald Trump might try to implement if he is reelected, and specific steps employers should consider to prepare for that possibility, says Eileen Lohmann at BAL.
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Sublimit And Policy Interpretation Lessons From Amtrak Case
The recently settled dispute between Amtrak and its insurers over sublimit coverage illustrates that parties with unclear manuscript policies may wish to avoid litigation in favor of settlement — as the New York federal court declined to decide the case by applying prior term interpretations, says Laura Maletta at Chartwell Law.
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3rd Circ. Hertz Ruling Highlights Flawed Bankruptcy Theory
The Third Circuit, in its recent Hertz bankruptcy decision, became the latest appeals court to hold that noteholders were entitled to interest before shareholders under the absolute priority rule, but risked going astray by invoking the flawed theory of code impairment, say Matthew McGill and David Casazza at Gibson Dunn.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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The Complex Challenges Facing Sustainable Food Packaging
More and more states are requiring recycled content to be used in product packaging, creating complex technological and regulatory considerations for manufacturers who must also comply with federal food safety requirements, say Peter Coneski and Natalie Rainer at K&L Gates.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.