New Jersey

  • July 31, 2024

    Age Limits On Owning Senior Units Unlawful, NJ Panel Says

    A New Jersey appellate panel on Wednesday backed a lower court's finding that a Garden State municipality's ordinance limiting property ownership in senior housing communities to those 55 years old or older violated the federal Fair Housing Act and state Law Against Discrimination, holding that both statutes prohibit discrimination based on familial status.

  • July 31, 2024

    Rutgers 'Caught Red Handed' In Discovery Row, Ex-Student Says

    A Jewish law student who filed a discrimination suit against Rutgers pressed a New Jersey state court to sanction the university for moving ahead with disciplinary measures against him, arguing it "got caught red handed" in trying to circumvent a court order to get discovery from him.

  • July 31, 2024

    Fox Rothschild Faces Malpractice Suit Over Land Row

    Two siblings have brought legal malpractice claims against Fox Rothschild LLP and a firm partner in New Jersey state court, accusing the lawyer of bungling a 1984 property deed and a 1993 trust belonging to their stepfather.

  • July 31, 2024

    Judge Refuses To Rethink Injury Firm Conflict Of Interest DQ

    A law firm was properly disqualified from a family's design defect lawsuit against Home Depot USA Inc. and makers of a lawn mower, a New Jersey federal judge has ruled, confirming a prior finding that a conflict of interest arose between the father and daughter when the companies countersued the father.

  • July 30, 2024

    Pa. House Majority Leader Fights Robocall Suit At 3rd Circ.

    The Democratic majority leader of the Pennsylvania House of Representatives on Tuesday asked the Third Circuit to undo a ruling that his automated calls informing constituents about government programs violated the Telephone Consumer Protection Act.

  • July 30, 2024

    Starbucks Gets White Ex-Worker's Bias Suit Pared Down

    A New Jersey federal judge on Tuesday trimmed a white former Starbucks store manager's lawsuit alleging she was fired to help the coffee company save face amid accusations of discrimination against Black workers, ruling she filed several claims too late.

  • July 30, 2024

    NJ Men Accused Of Running $6.7M Fuel Investment Scam

    Two Middlesex County men ran a scheme using fake identities and "sham companies" to defraud investors out of about $6.7 million that they thought was going into fuel products businesses, according to an indictment announced Monday by New Jersey Attorney General Matthew J. Platkin.

  • July 30, 2024

    3rd Circ. Upends Nonprofit's Win In Age, Disability Bias Suit

    The Third Circuit reinstated a lawsuit a drug counselor brought against a nonprofit treatment center that he said refused to hire him because he was in his mid-60s and had a leg disability, ruling Tuesday that the lower court relied on an outdated interpretation of federal civil rights law.

  • July 30, 2024

    DC Circ. Tosses FERC's OK Of Northeast Pipeline Expansion

    The D.C. Circuit on Tuesday threw out the Federal Energy Regulatory Commission's approval of a Northeast pipeline expansion, ruling that the agency overlooked the project's "enormous" greenhouse gas emissions and failed to properly consider the lack of market need for the added natural gas capacity.

  • July 30, 2024

    No Damage Needed To Replace NJ Beach House, Panel Says

    New Jersey property owners looking to replace an existing structure located in a flood hazard area don't have to show it's in an unusable condition, a state appellate panel ruled Tuesday, backing the state Department of Environmental Protection's denial of a request by neighbors to rescind a developer's permit to replace a beachfront home.

  • July 30, 2024

    NJ Judge Off The Bench For Cursing, Gifting Giants Tickets

    A New Jersey municipal judge accused of using profanity in the courtroom, fraternizing with police officers at a Hooters restaurant and gifting New York Giants tickets to the town's code enforcement officer has been removed from the bench, the state Supreme Court said Tuesday.

  • July 30, 2024

    Former Prosecutor 'Coming Back Home' To NJ Boutique

    After prosecuting federal healthcare crimes in New Jersey, a former assistant U.S. attorney has returned to boutique firm Calcagni & Kanefsky LLP to guide clients as part of the firm's white collar criminal and regulatory defense and investigations practice with a focus on healthcare litigation and licensing, the firm announced Tuesday.

  • July 29, 2024

    Live Nation Judge Tightens In-House Counsel's Access To Docs

    A New York federal judge imposed new restrictions Monday on Live Nation in-house counsel's access to documents and testimony from witnesses from its rivals in the U.S. Department of Justice's antitrust lawsuit, tightening a days-old two-tiered system after hearing concerns from those competitors.

  • July 29, 2024

    USPS Backs Oshkosh's Sealing Bid In New Vehicle Plan Case

    The U.S. Postal Service on Friday backed Oshkosh Defense's request to seal their confidential supplier contract terms in litigation challenging the agency's decision to replace its aging delivery fleet with only 62% electric vehicles, arguing rivals could use the information to undercut the USPS when negotiating their own supplier contracts.

  • July 29, 2024

    Election Atty's NJ Courts Bid To Boot RFK From Ballot Denied

    A New Jersey state judge on Monday tossed an election lawyer's attempt to remove Robert F. Kennedy Jr. from the state ballot as an independent presidential candidate, ruling the attorney must file an objection to Kennedy's presidential bid with the Garden State's secretary of state.

  • July 29, 2024

    Law Firm Can't Nix $2.9M Judgment Over Concussion Fees

    A law firm that represented National Football League players in a multidistrict litigation over the league's handling of concussions can't avoid a litigation funding agency's $2.9 million judgment against it, after a Pennsylvania federal judge shot down Mitnick Law Office's arguments that the fees being garnished fell under various exceptions.

  • July 29, 2024

    8 Ex-Employees Say NJ Firm Didn't Pay OT, Paid Women Less

    Davis Saperstein & Salomon PC has been hit with a pair of lawsuits in New Jersey state court alleging the Bergen County-based personal injury firm didn't pay overtime wages, paid its female employees less than their male colleagues and subjected a pregnant woman to a hostile work environment.

  • July 29, 2024

    3rd Circ. Says Jury Must Weigh Ex-Philly ADA's Vax Bias Case

    A jury will have to determine whether the Philadelphia District Attorney's Office was following a neutral, general policy when it denied an employee's religious exemption from its COVID-19 vaccination mandate, or whether D.A. Larry Krasner harbored anti-religious bias in the decision, the Third Circuit ruled Monday.

  • July 29, 2024

    NJ Judge Behind Daniel's Law Expands Efforts To Help

    Four years after her son's murder spurred a New Jersey judge's determination to bring about monumental advances in judicial security, positive change is reaching another sector of the court community.

  • July 26, 2024

    3 Ex-Seton Hall Law Workers Cop To 13-Year Embezzlement

    A former assistant dean and two other former employees of Seton Hall University School of Law pled guilty this week to defrauding their former employer of more than $1.3 million in a scheme spanning 13 years.

  • July 26, 2024

    Real Estate Recap: CrowdStrike, CFIUS, Financial Services

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including the real estate sector's reaction to the CrowdStrike outage, heightened scrutiny of foreign investment in U.S. properties and a view of evolving financial services regulation from the general counsel of the Conference of State Bank Supervisors.

  • July 26, 2024

    Shareholder Litigation To Watch: A Midyear Report

    A pair of anticipated U.S. Supreme Court arguments, the fate of a new wave of lawsuits against special purpose acquisition companies and the future of shareholder claims of artificial intelligence malfeasance are among the issues that securities practitioners are following as the second half of 2024 unfolds in the courts.

  • July 26, 2024

    Healthcare Software Co. Must Face Trimmed Data Hack Suit

    NextGen Healthcare will face a slimmed-down version of a proposed class action filed against it by customers who say their data was exposed in a 2023 data hack after a Georgia federal judge on Thursday tossed several state data privacy and consumer protection claims levied against the software company.

  • July 26, 2024

    'Terrible Decisions': Ex-McElroy Deutsch CFO Gets 5 Years

    McElroy Deutsch Mulvaney & Carpenter LLP's former chief financial officer was sentenced Friday in a New Jersey state court to five years in prison and ordered to pay restitution for embezzling more than $1.5 million from the firm and failing to pay income tax.

  • July 26, 2024

    NJ-Pa. Transit Operator Freed From Suit Over Worker's Death

    A New Jersey federal judge dismissed a suit brought by the estate of a Port Authority Transit Corp. worker killed on the job, ruling the commuter rail line between New Jersey and Pennsylvania is exempt from federal railroad regulatory requirements.

Expert Analysis

  • Opinion

    States Should Loosen Law Firm Ownership Restrictions

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    Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.

  • Series

    Solving Puzzles Makes Me A Better Lawyer

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    Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.

  • Texas Ethics Opinion Flags Hazards Of Unauthorized Practice

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    The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • Why High Court Social Media Ruling Will Be Hotly Debated

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    In deciding the NetChoice cases that challenged Florida and Texas content moderation laws, what the U.S. Supreme Court justices said about social media platforms — and the First Amendment — will have implications and raise questions for nearly all online operators, say Jacob Canter and Joanna Rosen Forster at Crowell & Moring.

  • In Memoriam: The Modern Administrative State

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    On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.

  • How To Clean Up Your Generative AI-Produced Legal Drafts

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    As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.

  • Series

    After Chevron: Various Paths For Labor And Employment Law

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    Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.

  • Series

    Boxing Makes Me A Better Lawyer

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    Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.

  • Opinion

    Industry Self-Regulation Will Shine Post-Chevron

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    The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.

  • Justices' Bribery Ruling: A Corrupt Act Isn't Necessarily Illegal

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    In its Snyder v. U.S. decision last week, the U.S. Supreme Court held that a bribery law does not criminalize gratuities, continuing a trend of narrowing federal anti-corruption laws and scrutinizing public corruption prosecutions that go beyond obvious quid pro quo schemes, say Carrie Cohen and Christine Wong at MoFo.

  • 3 Ways Agencies Will Keep Making Law After Chevron

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    The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.

  • Roundup

    After Chevron

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    In the month since the U.S. Supreme Court overturned the Chevron deference standard, this Expert Analysis series has featured attorneys discussing the potential impact across 26 different rulemaking and litigation areas.

  • Opinion

    Atty Well-Being Efforts Ignore Root Causes Of The Problem

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    The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.

  • Series

    Skiing And Surfing Make Me A Better Lawyer

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    The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.

  • Class Actions At The Circuit Courts: June Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers two recent decisions from the Third and Tenth Circuits, and identifies practice tips around class action settlements and standing in securities litigation.

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