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New Jersey
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September 05, 2024
EPA Unveils $151M Cleanup Plan For NJ Superfund Site
The U.S. Environmental Protection Agency announced Thursday a $151.1 million deal to cover the federal agency's past and future costs of cleanup at a New Jersey superfund site with high levels of lead contamination.
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September 04, 2024
SEC Fines NJ Financial Cos. For Whistleblowing Violations
New Jersey-based brokerage Nationwide Planning Associates Inc. and two affiliated investment advisers have agreed to collectively pay $240,000 to settle allegations that they prevented their clients from acting as whistleblowers, the U.S. Securities and Exchange Commission announced Wednesday.
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September 04, 2024
3rd Circ. Revives Machinery Worker's Disability Bias Suit
The Third Circuit reopened a former machinery worker's lawsuit alleging he was fired because he requested light-duty assignments following an on-the-job back injury, saying Wednesday a trial court used an outdated standard to conclude that federal law didn't consider his temporary pain a disability.
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September 04, 2024
Whittaker Seeks $535M Deal In Talc Cases Tied To Berkshire
Bankrupt talc supplier Whittaker Clark & Daniels Inc. asked a New Jersey bankruptcy court to approve a $535 million settlement that will resolve claims against companies including Berkshire Hathaway Inc., chemical distributor Brenntag and DB US Holding Corp.
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September 04, 2024
Glenmark Will Pay $25M To End Feds' Price-Fixing Suit
Glenmark Pharmaceuticals USA will pay $25 million to resolve allegations that it violated the False Claims Act by conspiring to fix the price of a generic high cholesterol drug, federal prosecutors announced Wednesday.
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September 04, 2024
NJ Health System Wins Access To Fraud File In Antitrust Fight
A New Jersey federal judge Wednesday allowed health system RWJBarnabas Health Inc. to move ahead with a subpoena on the New Jersey State Commission of Investigation in a case in which RWJBarnabas is accused of antitrust violations by rival health system CarePoint Health Management Associates LLC.
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September 04, 2024
Former Michelin Tire Factory Site Worth $30M, NJ Jurors Told
The owner of a 22-acre former Michelin Tire factory in Milltown, New Jersey, told jurors Wednesday it should be paid at least $30 million by a borough redevelopment agency to acquire the property through eminent domain for the construction of a 350-unit mixed-use residential development.
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September 04, 2024
NLRB Says Deference Not Needed In Solo Protest Case
The U.S. Supreme Court's recent decision abandoning its long-standing deference to administrative agencies should not affect the Third Circuit's review of a National Labor Relations Board order broadening when individual employees engage in protected actions, the agency argued in a brief to the appeals court.
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September 04, 2024
McElroy Deutsch's Former CFO Fights Bid To Sink Ch. 11 Case
The currently incarcerated former chief financial officer for McElroy Deutsch Mulvaney & Carpenter LLP denied that his Chapter 11 filing was a bad faith maneuver meant to stall ongoing civil litigation, claiming instead that the bankruptcy will allow for the liquidation of property for the benefit of creditors.
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September 04, 2024
McCarter & English Rips Challenge To Malpractice Win In NJ
McCarter & English LLP panned a pharmaceutical company's attempt to undo the firm's victory in a malpractice case last month, telling a New Jersey state court that issues the company raised in its motion to reconsider had "no impact" on the decision granting the firm a win.
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September 04, 2024
Election Year Surprise? GOP Judges Opening Seats For Biden
Well ahead of fall elections that could flip the White House and U.S. Senate to Republicans, many GOP-appointed judges are retiring and giving Democrats opportunities to fill key seats before Republicans can capitalize on any wins at the polls, and several of the judges discussed the political backdrop with Law360.
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September 04, 2024
J&J Hit With $1B Damages In Del. Merger Milestone Fight
Johnson & Johnson owes more than $1 billion to a medical robotics developer and entrepreneur caught up in a multibillion-dollar post-acquisition dispute, a Delaware vice chancellor ruled Wednesday.
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September 03, 2024
Ivy Leaguers Withdraw Opposition To NCAA's $2B NIL Deal
Two Brown University athletes have withdrawn their opposition to the NCAA's proposed $2.78 billion name, image and likeness settlement, telling a federal judge in California on Tuesday that they've been assured it will not impact their own antitrust case against several Ivy League schools.
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September 03, 2024
HQ Specialty Looks To Fix Patent Flaws After Delaware Trial
HQ Specialty Pharma Corp. said Tuesday that it will correct flaws in its patent for an injectable calcium supplement that led a federal jury in Delaware to find it partially invalid last week and then will seek a court order to stop generic-drug maker Fresenius Kabi USA LLC from selling its allegedly infringing product.
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September 03, 2024
3rd Circ. Preview: Starbucks Firing, Liquor Law In September
Two National Labor Relations Board cases grace the Third Circuit's September session, when panels will probe the agency's suits against Starbucks Corp. for firing Philadelphia workers attempting to unionize and a plastic company accused of firing a safety whistleblower.
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September 03, 2024
3rd Circ.: Biotech Must Pay Royalties Despite Expired Patents
A cancer drug biotechnology company must pay royalties to a research firm despite the expiration of the applicable patents, a Third Circuit panel ruled in a precedential decision Tuesday, concluding that the biotech's royalty obligation is calculated differently than the one in a U.S. Supreme Court case it cited.
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September 03, 2024
UAW Loses Bid To Include Casinos In NJ Smoking Ban
A New Jersey state court judge on Friday tossed the United Auto Workers' complaint claiming a law excluding casino workers from secondhand smoking protections violates the state constitution, reasoning that the law doesn't inhibit the employees' right to pursue safety.
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September 03, 2024
Biz Groups Fail In 2nd Try To Stop NJ Temp Worker Law
A New Jersey law strengthening protections for temporary workers will stay in place because halting it would create more harm than good, a New Jersey federal judge ruled, turning down a renewed bid by staffing industry associations to pull the emergency brake on the law.
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September 03, 2024
NJ Judiciary Expands Public Access To Briefs, Hearings
The New Jersey judiciary will begin livestreaming oral arguments before the Superior Court's Appellate Division and posting briefs for the Appellate Division and the state Supreme Court online in September, according to an announcement Tuesday.
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September 03, 2024
Landlord's Insurer Says Other Carrier Must Cover Death Suit
The insurer of a New Jersey restaurant must provide additional insured coverage to the restaurant's landlord in an underlying wrongful death suit, a Travelers unit told a federal court, saying Travelers shouldn't be the one to foot the bill for the landlord's defense costs.
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September 03, 2024
Glenmark Hit With $50M Suit Over Potassium Pill Death
A proposed class of buyers is suing Glenmark Pharmaceuticals Inc. for more than $50 million, alleging that the company's extended-release potassium chloride capsules are defective and instead deliver the potassium too fast, which resulted in the death of the lead plaintiff's mother.
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August 30, 2024
$100M Deal Finally Ends MoneyGram Unclaimed Property Fight
Delaware will be giving back more than $100 million from uncashed MoneyGram checks to the states where they were bought after finally reaching a settlement with 29 other states that took the matter all the way to the U.S. Supreme Court.
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August 30, 2024
3rd Circ. Won't Touch Pipeline Workers' Appeal In OT Suit
The Third Circuit said Friday it doesn't have jurisdiction over a pipeline company's challenge to a discovery order limited to the issue of the arbitrability of two pipeline inspectors' wage claims, ruling that the challenged order isn't appealable under the Federal Arbitration Act.
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August 30, 2024
Real Estate Recap: RealPage, Vacancies, New Construction
Catch up on this week's key developments by state from Law360 Real Estate Authority — including interpretation of the RealPage antitrust suit, the latest on U.S. office vacancies and plans for a new Miami tower.
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August 30, 2024
Hotel Chains, Software Co. Fight Algorithmic Pricing Suit
Major hotel chains and software provider SAS Institute Inc. have asked a California federal court to toss a proposed class action from hotel guests alleging the companies used a shared pricing algorithm to fix and raise room rates nationwide.
Expert Analysis
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Series
Riding My Peloton Bike Makes Me A Better Lawyer
Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.
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Spartan Arbitration Tactics Against Well-Funded Opponents
Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.
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Innodata Suit Highlights 'AI Washing' Liability Risk For Cos.
A class action against software company Innodata over so-called AI washing, one of the first of its kind, underscores the litigation and enforcement risks that can arise from the U.S. Securities and Exchange Commission's novel theory about misleading artificial intelligence capabilities, say attorneys at Bracewell.
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Legal Considerations For Circular Economy Strategies
As circular economy goals — generating revenue at multiple points in a product's life cycle — become nearly ubiquitous in corporate sustainability practices, companies should reassess existing strategies by focusing on government incentives, regulations, and reporting and disclosure requirements, say Rachel Saltzman and Erin Grisby at Hunton.
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Litigation Inspiration: A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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Opinion
Suits Against Insulin Pricing Are Driven By Rebate Addiction
A growing wave of lawsuits filed by states, cities and counties against insulin manufacturers and pharmacy benefit managers improperly allocate the blame for rising insulin costs, when in actuality the plaintiffs are partially responsible, says Dan Leonard at Granite Capitol Consulting.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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Opinion
Contractors Need Protection From NJ Homeowner Protections
A recently passed New Jersey law, combined with the state's Consumer Fraud Act, is intended to protect innocent homeowners, but legislative action must be taken to prevent homeowners from abusing the law to avoid paying hardworking contractors, say Gary Strong and Madison Calkins at Gfeller Laurie.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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5 Lessons For SaaS Companies After Blackbaud Data Breach
Looking at the enforcement actions that software-as-a-service provider Blackbaud resolved with state attorneys general, the U.S. Securities and Exchange Commission and the Federal Trade Commission in the past year can help SaaS companies manage these increasingly common forms of data breaches, say attorneys at Orrick.