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New Jersey
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November 12, 2024
Bayer Ruling Looms Over Jaguar EV Battery Fire Risk Suit
A recent Third Circuit decision reviving product liability claims against Bayer over tainted antifungal spray may "bear" on proposed class claims accusing Jaguar Land Rover's U.S. arm of knowingly selling thousands of electric vehicles with batteries prone to catching fire, a New Jersey federal judge found Tuesday.
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November 12, 2024
NJ Doctor Can't Sue Hospital Over License Suspension
A New Jersey appellate panel held Tuesday that a hospital administrator's clerical error in connection with reporting a doctor's patient safety issues to state health authorities and subsequent medical board suspension did not warrant a reinstatement of the doctor's breach of contract suit.
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November 12, 2024
'I Had A Dream': NJ Ponzi Schemer Gets 12 Years
A New Jersey federal judge on Tuesday sentenced the operator of a defunct real estate investment fund to 12 years in prison, the maximum term under his plea deal for a $658 million Ponzi scheme, after considering his emotional plea for leniency that drew upon his admiration for the Rev. Dr. Martin Luther King Jr.
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November 12, 2024
Unsatisfied With $70M UTC Win, Sandoz Appeals To 3rd Circ.
Sandoz Inc. has moved to appeal its already $70 million-plus breach of contract damages win over biopharmaceutical firm United Therapeutics Corp., teeing up a Third Circuit request to ask for more damages and to revive antitrust claims previously tossed by a New Jersey federal court.
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November 12, 2024
3rd Circ. Won't Revive Port Authority Worker's Race Bias Suit
The Third Circuit won't revive a Black woman's suit claiming the Port Authority of New York and New Jersey didn't promote her because of her race and her complaints about discrimination, ruling that the bistate agency had legitimate, nondiscriminatory reasons for not promoting her.
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November 12, 2024
DOJ Suing To Block UnitedHealth Unit's $3.3B Amedisys Deal
The U.S. Department of Justice and four U.S. states filed a lawsuit Tuesday seeking to block UnitedHealth Group's Optum unit from going through with its planned $3.3 billion purchase of Amedisys Inc., arguing the deal will harm competition in the home health and hospice services.
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November 12, 2024
3rd Circ. Says County Not Liable For Accused Harassers' Acts
The Third Circuit refused to give a Delaware county worker a second shot at his suit claiming one male colleague targeted him with homophobic and racist harassment and another sexually assaulted him, saying the worker didn't do enough to put the company on notice that it needed to intervene.
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November 08, 2024
NJ Ethics Board Escapes Contempt Bid In Retaliation Fight
A New Jersey judge Friday denied a former state health official's bid to hold a Garden State ethics agency in contempt over stalled discovery in his wrongful termination suit, ruling there was no basis for the court to conclude there was any type of willful conduct to not comply with a discovery order.
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November 08, 2024
Real Estate Recap: Trump, Big 4, Office Demand?
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including how the next Trump administration could affect commercial real estate, where the Big Four brokers saw traction in Q3 and an interesting anomaly in the distressed office market.
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November 08, 2024
1st Circ. Agrees No Coverage For Contractor In Defect Row
A First Circuit panel affirmed an insurer's win Friday, concluding that the carrier and excess insurers owed no coverage to a general contractor embroiled in underlying litigation regarding damage caused by a subcontractor's allegedly faulty work on a New Jersey project.
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November 08, 2024
J&J Talc Unit Must Revise Ch. 11 Plan, Insurers Say
A group of Johnson & Johnson insurance carriers urged a Texas judge to reject the Chapter 11 plan disclosure statement for the company's Red River Talc unit as unconfirmable, saying J&J "made it clear that it intends to saddle its insurers with responsibility to pay" for the bankruptcy-related claims.
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November 08, 2024
Dance School's $30M Abuse Deal Not Covered, Insurer Says
The insurer for a New Jersey ballet school told a federal court it didn't owe coverage for a $30 million consent judgment reached in a consolidated underlying action brought by former students of the school, citing abuse and molestation exclusions in commercial general liability and umbrella policies.
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November 08, 2024
NJ Appeals Panel Rejects Convicted Ex-Atty's Bid For Relief
The New Jersey Appellate Division turned down on Friday a former attorney's bid for review of her conviction on participating in an $873,000 mortgage fraud scheme, in which she claimed she was barred from the full range of cross-examination at trial that she should have had the right to.
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November 08, 2024
Ex-NJ Judge Gets More Time To Make Discrimination Case
A New Jersey court gave a former state workers' compensation judge challenging her removal from the bench more time to make her case, according to a court order.
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November 08, 2024
3rd Circ. Unsure Progressive Can Undo Car Value Suit Cert.
A Third Circuit panel on Friday grappled with whether an adjustment that Progressive Specialty Insurance Co. did every time it calculated the value of a totaled vehicle was enough to warrant class certification for a lawsuit claiming the adjustment was unfair, or if classwide treatment was inappropriate when each class member could have a different outcome of that assessment.
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November 07, 2024
Teva Fails To Convince Judge Inhaler Patents Require Drug
Five patents for an inhaler made by Teva Pharmaceuticals Industries Ltd. don't require an active drug's presence in the device, a New Jersey federal judge has ruled, agreeing with Amneal Pharmaceuticals Inc.'s interpretation of claim language in the brand-name drugmaker's infringement suit against Amneal, a generic pharmaceutical firm.
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November 07, 2024
Nike Nabs Injunction In Air Jordan Knockoff Suit But Not $4M
A New Jersey federal judge on Thursday barred a small clothing company and its founder from selling knockoffs of Nike's iconic Air Jordan 1 High sneakers but declined to grant Nike $4 million in statutory damages, saying Nike hadn't yet given him enough information to assess the damages.
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November 07, 2024
3rd Circ. Says Tainted Bayer Antifungals Clearly 'Worth Less'
Four of the nine named plaintiffs in a proposed class action over Bayer's 2021 recall of potentially benzene-tainted antifungal sprays can revive their claims against the company on the grounds that they'd paid for an effectively worthless product, a Third Circuit panel ruled Thursday.
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November 07, 2024
Chancery Mulls Stay, Toss Of SPAC Suit Pending NJ Ruling
Attorneys for the sponsor of a deal that took digital health equipment venture Butterfly Network public in February 2021 argued Thursday for a stay or dismissal of a Delaware Court of Chancery suit challenging the deal, citing extensive overlap with an earlier-filed federal securities action in New Jersey.
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November 07, 2024
Ex-TD Branch Manager Gets 13 Months For Account Theft
A former New York-based branch manager of TD Bank was sentenced to 13 months in prison after pleading guilty to stealing over $200,000 from a customer's account, even after the customer had died.
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November 07, 2024
FINRA Grants Client Poach Injunction To TD Bank
The Financial Industry Regulatory Authority has issued a permanent injunction against Raymond James Financial and its subsidiary Crescent Point Private Wealth that bars their solicitation of certain TD Bank clients until April 2025, according to a status report filed in a federal lawsuit in the District of Connecticut.
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November 07, 2024
NJ Atty Accused Of Ending Assault Suit Without Client's OK
A New Jersey lawyer has been slapped with a malpractice suit from a former client who alleges he not only mishandled her claims surrounding a supposed sexual assault she endured on a work trip to Atlantic City, but that he agreed to dismiss a lawsuit without informing her.
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November 07, 2024
Indicted Power Broker Says Civil Suit Repeats Earlier Claims
Indicted Garden State power broker George E. Norcross III and his attorney brother have urged a New Jersey state judge to toss the civil racketeering suit brought against them by a Philadelphia developer, arguing that the developer's claims are time-barred and should have been filed in previously litigated and resolved actions.
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November 07, 2024
Essex County Jurist Named Top Hudson County Judge In NJ
Chief Justice Stuart Rabner of New Jersey Supreme Court promoted an Essex County presiding judge to Hudson County assignment judge on Thursday.
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November 06, 2024
Ex-McElroy Deutsch CFO Ordered To Pay $1.2M For Theft
A New Jersey state judge on Wednesday ordered McElroy Deutsch Mulvaney & Carpenter LLP's former chief financial officer to pay the firm $1.2 million in restitution for the "excess salary and bonuses" he paid himself.
Expert Analysis
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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Navigating Kentucky's New Consumer Privacy Law
On April 4, Kentucky passed a new law that imposes obligations on affected businesses relating to the collection, use and sale of personal data — and those operating within the state must prepare for a new regulatory landscape governing the handling of consumer data, say Risa Boerner and Martha Vázquez at Fisher Phillips.
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GSA's Carbon-Free Power Plan: Tips For Electricity Suppliers
The U.S. General Services Administration's recent request for information concerning its intent to acquire a large amount of carbon pollution-free electricity over the next decade in the PJM Interconnection region offers key insights for companies interested in becoming electric power suppliers to federal government agencies, say Shaunna Bailey and Nicholas Dugdale at Sheppard Mullin.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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The Shifting Landscape Of Physician Disciplinary Proceedings
Though hospitals have historically been able to terminate doctors' medical staff privileges without fear of court interference, recent case law has demonstrated that the tides are turning, especially when there is evidence of unlawful motivations, say Dylan Newton and Michael Horn at Archer & Greiner.
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Oracle Ruling Underscores Trend Of Mootness Fee Denials
The Delaware Chancery Court’s recent refusal to make tech giant Oracle shoulder $5 million of plaintiff shareholders' attorney fees illustrates a trend of courts raising the standard for granting the mootness fee awards once ubiquitous in post-merger derivative disputes, say attorneys at Troutman Pepper.
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Tips For Orgs Defending Against Daniel's Law Claims
With Daniel's Law recently amended to require courts to award statutorily defined damages to aggrieved parties, organizations should identify whether they are subject to the law and ensure they have implemented a comprehensive compliance program to better avoid litigation costs and reputational harm, say attorneys at Thompson Hine.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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NJ Ruling Offers Road Map To Fight Dishonored Check Claims
As ATM and mobile check deposits become more common, a New Jersey state appellate court’s recent ruling in Triffin v. Neptune shows that issuers can rely on copies of checks to defend against claims that checks were wrongfully dishonored after being electronically deposited, say attorneys at Sherman Atlas.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Opinion
The SEC Is Engaging In Regulation By Destruction
The U.S. Securities and Exchange Commission's recent use of regulation by enforcement against digital assets indicates it's more interested in causing harm to crypto companies than providing guidance to the markets or protecting investors, says J.W. Verret at George Mason University.