New Jersey

  • February 06, 2024

    3rd Circ. Frees Coast Guard From Suit Over Rescue Attempt

    The U.S. can't be held civilly liable for the drowning death of a conch fisherman, the Third Circuit ruled Tuesday, saying the seaman's estate could only maintain claims if the U.S. Coast Guard's rescue mission had actually put the man in more danger.

  • February 06, 2024

    10th Circ. Affirms $4.7M Stryker Loss, But Tosses Fee Award

    A Tenth Circuit panel said on Tuesday that medical device maker Stryker is not required to indemnify a Colorado distributor for the cost of winning a lawsuit against it, according to a ruling that upheld a $4.7 million judgment against Stryker but vacated a $2.3 million fee award.

  • February 06, 2024

    Pacira Touts Stability Upgrade In Pain Drug Patent Trial

    A novel manufacturing process that extends the shelf life of the pain reliever Exparel should extend the exclusivity period of the product's patent, Pacira BioSciences Inc. has told a New Jersey judge tasked with weighing infringement claims against generic-drug maker eVenus.

  • February 06, 2024

    Processor Underpaid Us On Tribal Accounts, Tech Co. Says

    A Las Vegas technology company is accusing a payment processor of neglecting an agreement to pay it a portion of interchange fees on merchant transactions, including thousands of dollars made from patrons of tribal hotels, casinos, shops and restaurants.

  • February 06, 2024

    6th Circ. Backs Becton's Win In Royalties Suit

    An inventor of medication valves failed to convince the Sixth Circuit to revive his suit alleging that Becton Dickinson & Co. owes him two years' worth of royalties, with the appellate court reasoning Tuesday that a district court properly interpreted the licensing agreement's payout time limit on his patent.

  • February 06, 2024

    Ex-Seton Hall Prez Says School Stood By As Chair Retaliated

    Seton Hall University's former president has launched explosive whistleblower claims alleging the school failed to act on his multiple concerns about the school's former board chair, prominent criminal defense attorney Kevin Marino, including that Marino allegedly tried to negotiate a lucrative exit package for the then-dean of the law school amid an ongoing embezzlement probe.

  • February 06, 2024

    Feds Fight Sen. Menendez's Bids To Nix Charges, Split Trials

    Federal prosecutors have asked a New York federal court to reject requests from U.S. Sen. Robert Menendez to dismiss his corruption case and to sever his trial from his wife's, arguing that the senator made "premature" factual arguments and incorrectly claimed immunity from prosecution as a senator.

  • February 06, 2024

    Former County Prosecutor Rejoins Hartmann Doherty In NJ

    Hartmann Doherty Rosa Berman & Bulbulia LLP on Tuesday welcomed back a former partner to the firm who brings experience as a trial attorney working in complex civil and criminal cases who served multiple stints as a prosecutor in Bergen County.

  • February 06, 2024

    Sealed BlockFi Deal With 3AC In Ch. 11 Gets Court OK

    A New Jersey bankruptcy judge on Tuesday approved a settlement between defunct cryptocurrency exchange BlockFi Inc. and hedge fund Three Arrows Capital to release dueling claims against each other for hundreds of millions of dollars, but declined to unseal it, saying it would be "counterintuitive" to make the details freely available.

  • February 05, 2024

    Toyota Beats NJ Mechanic's Suit Over Finger Amputation

    A mechanic who lost his finger while repairing a Toyota Highlander can't maintain claims against the automaker, a New Jersey appeals court ruled, saying the mechanic's expert failed to properly explain the methodology he relied on to determine there was a defective design.

  • February 05, 2024

    Jackson Hewitt To Settle No-Poach Suit Over Its Franchises

    Jackson Hewitt Inc. told a New Jersey federal court that it has reached a settlement in principle with its former workers who brought a proposed class action alleging that the company's franchisees entered into an anti-competitive no-poach agreement despite the firm's previous pledge to not have or enforce such arrangements.

  • February 05, 2024

    US Trustee Balks At BlockFi Bid To Seal 3AC Deal

    An agreement between former cryptocurrency exchange BlockFi Inc. and defunct hedge fund Three Arrows Capital that released a tangle of claims against each other should be public, the Office of the U.S. Trustee told a New Jersey bankruptcy court Monday, adding that sealing the entire settlement keeps information from parties that might object to the deal.

  • February 05, 2024

    3rd Circ. Preview: Mail-In Ballot Case Headlines February

    Topping the list of Third Circuit arguments in February is a Pennsylvania case presenting the familiar issue of whether undated or misdated outer envelopes for mail-in ballots should count as valid votes.

  • February 05, 2024

    Judicial Watchdog Flags $10K Gift To Menendez's Defense

    A $10,000 contribution to Sen. Robert Menendez's legal defense fund by a federal judge's wife should be returned and the judge and his wife should apologize and promise not to make political donations, a judicial watchdog said Monday.

  • February 05, 2024

    WeWork Presses Landlords For Ch. 11 Lease Concessions

    Flexible office space provider WeWork Inc. pushed hard in court Monday against landlords that haven't engaged in lease concession negotiations in the company's Chapter 11 case, telling a New Jersey bankruptcy judge that without widespread support from its rental counterparties, the debtor's restructuring plans are dead.

  • February 05, 2024

    Rape Questions Could Be Next Focus Of Bar App Reforms

    New Jersey will change its character and fitness questionnaire to ask less invasive questions of sexual assault survivors, after a Law360 inquiry about the form. With nearly every state asking would-be lawyers questions that could dredge up sexual traumas, some attorneys are calling for other states to follow New Jersey's lead.

  • February 05, 2024

    States, Enviro Groups Expand Suits Over USPS' New Vehicles

    Environmentalists and a coalition of states broadened their California federal court challenges to the U.S. Postal Service's decision to replace its aging delivery fleet with "gas-guzzling vehicles" powered by internal combustion engines, saying it failed to consider lower-emission alternatives.

  • February 05, 2024

    3 Firms Guide Merck Animal Health's $1.3B Buy Of Fish Biz

    Merck Animal Health announced on Monday that it plans to buy Elanco Animal Health's fish welfare business for $1.3 billion in cash, in a deal guided by Covington & Burling LLP, Gibson Dunn & Crutcher LLP and White & Case LLP.

  • February 05, 2024

    Novo Holdings Buying Biopharma Co. Catalent In $16.5B Deal

    Novo Holdings, the controlling shareholder in Novo Nordisk Foundation, said Monday it has agreed to acquire Catalent in an all-cash transaction that values the pharmaceutical company at $16.5 billion, including debt, about five months after Catalent struck a deal with activist investor Elliott Investment Management to conduct a strategic review. 

  • February 02, 2024

    1st Circ. Fast-Tracks JetBlue And Spirit Merger Block Appeal

    JetBlue Airways and Spirit Airlines got their wish for a speedy appeal to a federal judge's decision blocking their plans for a $3.8 billion merger on Friday, with the First Circuit saying arguments would be heard in June.

  • February 02, 2024

    3rd Circ. Won't Overturn Fireworks Control IP Decision

    The Third Circuit has refused to overturn an earlier finding that lifted a preliminary injunction blocking Romanian company fireTEK from distributing a product that allegedly infringed a copyright on a U.S. rival's fireworks display communication protocol.

  • February 02, 2024

    NCAA Hoopster Reinstated As Judge Questions Transfer Rule

    A New Jersey federal judge late Friday reinstated a Rutgers basketball player whom the NCAA had suspended for 15 games, ruling that the organization cannot keep him off the court using a now prohibited transfer eligibility rule and that he had shown that doing so would cause him irreparable harm.

  • February 02, 2024

    Coast Guard Owes $35M For 'Kidnapping,' Fishermen Say

    Two fishermen claim they were kidnapped for 10 days at sea by the U.S. Coast Guard, forced to watch as the Coast Guard destroyed their ship, and then were imprisoned for six years on drug trafficking charges that were ultimately dismissed, according to a New Jersey federal lawsuit seeking more than $35 million in damages.

  • February 02, 2024

    Conn. Eye Patient Drops Bausch & Lomb Implant Claims

    A Connecticut woman who said she was injured by an in-eye lens implant and her husband have agreed to drop their claims against Bausch & Lomb in federal court, according to a stipulation filed by the parties following multiple appellate decisions in the couple's favor.

  • February 02, 2024

    McCarter & English To Face Revised Biotech Malpractice Suit

    A New Jersey state judge on Friday permitted a biopharmaceutical company to amend its malpractice suit against McCarter & English LLP to add new claims and avenues to collect damages, finding the changes were "sufficiently pled" and would not be prejudicial to the firm.

Expert Analysis

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • An Overview Of Circuit Courts' Interlocutory Motion Standards

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    The Federal Arbitration Act allows litigants to file an immediate appeal from an order declining to enforce an arbitration agreement, but the circuit courts differ on the specific requirements for the underlying order as well as which motion must be filed, as demonstrated in several 2023 decisions, says Kristen Mueller at Mueller Law.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • What NJ's Green Remediation Guidance Means For Cleanups

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    Recent guidance from the New Jersey Department of Environmental Protection promoting greener approaches to restoring contaminated sites demonstrates the state's commitment to sustainability and environmental justice — but could also entail more complexity, higher costs and longer remediation timelines, say J. Michael Showalter and Bradley Rochlen at ArentFox Schiff.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • A Closer Look At The Sen. Menendez Indictment

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    Attorneys at Dowd Bennett analyze the latest charges filed against Sen. Bob Menendez, D-N.J., and four co-defendants — from bribery to acting as a foreign agent — potential defenses that may be mounted, and broader lessons for white collar attorneys.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • AI Isn't The Wild West, So Prepare Now For Bias Risks

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    In addition to President Joe Biden's recent historic executive order on safe, secure and trustworthy artificial intelligence, there are existing federal and state laws prohibiting fraud, defamation and even discrimination, so companies considering using or developing AI should take steps to minimize legal and business risks, says civil rights attorney Farhana Khera.

  • Rite Aid's Reasons For Ch. 11 Go Beyond Opioid Suits

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    Despite opioid-related lawsuits being the perceived reason that pushed Rite Aid into bankruptcy, the company's recent Chapter 11 filing reveals its tenuous position in the pharmaceutical retail market, and only time will tell whether bankruptcy will right-size the company, says Daniel Gielchinsky at DGIM Law.

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

  • Finding Focus: Strategies For Attorneys With ADHD

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    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • Opinion

    Courts Shouldn't Credit Allegations From Short-Seller Reports

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    Securities class actions against public companies can extend for years and lead to significant settlements, so courts should not allow such cases with allegations wholly reliant on reports by short-sellers, who have an economic interest in seeing a company's stock price decline, to proceed past the motion to dismiss stage, says Richard Zelichov at DLA Piper.

  • Handling Religious Objections To Abortion-Related Job Duties

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    While health care and pharmacy employee religious exemption requests concerning abortion-related procedures or drugs are not new, recent cases demonstrate why employer accommodation considerations should factor in the Title VII standard set forth by the U.S. Supreme Court’s 2023 Groff v. DeJoy ruling, as well as applicable federal, state and local laws, say attorneys at Epstein Becker.

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