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We're pleased to announce Law360's Rising Stars for 2021, our list of 180 attorneys under 40 whose legal accomplishments transcend their age.
A New Jersey federal judge has sent to the Western District of New York a proposed class action over Eastman Kodak Co.'s award of stock options to executives ahead of a $765 million COVID-19 drug loan announcement, concluding that that forum is the most appropriate venue even though none of the players asked for it.
A Pennsylvania federal judge will slam the brakes on proceedings in an ERISA suit against Universal Health Services Inc. after the hospital chain's workers submit a few more court filings, agreeing with Universal that a pause is needed while the Third Circuit considers whether granting class certification was warranted.
The Third Circuit's oral argument schedule for June will present novel issues in the areas of intellectual property and civil rights, as a television journalist fights websites accused of using her photo without permission and a Black couple spar with Pep Boys in their suit claiming they received racist treatment.
The Senate on Friday unexpectedly postponed final action on a major bipartisan bill with more than $200 billion meant to fuel technological and economic competition with China.
A Johnson & Johnson unit on Friday lost its bid to defeat a proposed class action alleging it didn't warn consumers about the risk of skin reactions from Neutrogena face wipes, as New Jersey's top federal judge knocked down the company's argument that such claims are barred by federal law.
A Philadelphia hotel's fire loss isn't covered as the policy is void, a subsidiary of The Hanover Insurance Co. said in a New Jersey federal court, saying the management group hid that its hotel was temporarily used to isolate and quarantine individuals infected with coronavirus.
The New Jersey Supreme Court on Thursday said prosecutors went too far with their voir dire questioning and jeopardized the fairness of a trial in an assault case when they asked jurors if a lack of evidence would affect their ability to serve on the jury.
Hain Celestial Group and a number of parents suing the baby food maker and others over alleged toxins in their products on Thursday urged the Judicial Panel on Multidistrict Litigation not to create an industrywide MDL, saying grouping all the claims against baby food companies wouldn't speed up the litigation.
The Third Circuit on Thursday declined to revive class claims that lawyers ran afoul of a New Jersey rule capping contingent fees by taking allegedly excessive cuts of settlement awards in Texas pelvic mesh litigation against Johnson & Johnson and its Ethicon unit, saying the provision didn't apply to the attorney fees.
A New Jersey federal judge on Thursday tossed a proposed class action by a Seton Hall University student seeking a partial tuition refund over the cancellation of in-person classes due to the COVID-19 pandemic, reasoning that the school did what it could to make it up to the students.
A member of the Judicial Panel on Multidistrict Litigation on Thursday questioned Mallinckrodt ARD LLC's push to have a battery of antitrust cases over sales of the anti-seizure drug Acthar transferred to federal court in Delaware where the company is currently making its way through bankruptcy proceedings.
Two New Jersey universities have escaped claims that they owe students tuition and refunds for switching to virtual instruction during the pandemic, a top New York judge is among those opposing landlords trying to overturn statewide eviction protections, and a Southwest Airlines flight attendant seeks to preserve her suit alleging the airline's failure to adhere to coronavirus safety protocols caused her to contract the virus and infect her late husband.
The state of New York slammed the U.S. Postal Service's bid to scale back its operations amid litigation seeking to ward off delivery delays ahead of the 2020 election, telling a District of Columbia federal court that the agency already defied orders to restore service levels.
New Jersey judiciary officials called on a federal court Thursday to order the release of a state judge's medical and mental health records, saying the material is needed to defend against the jurist's claims that a purportedly toxic workplace environment left her emotionally distressed.
Girardi Keese has the green light to hand off 86 of its 178 clients in mass tort cases against Johnson & Johnson to California plaintiffs firm Robinson Calcagnie Inc., a California federal bankruptcy judge ruled Tuesday, granting an unopposed request from the Chapter 7 trustee.
The New Jersey Supreme Court will examine the legitimacy of a settlement term under which money that a speech language pathologist owed to Horizon Blue Cross Blue Shield of New Jersey would not be dischargeable if she filed for bankruptcy, according to an order made available Wednesday.
United Airlines and two AIG units have been hit with a proposed class action accusing them of misleading customers by advertising and selling travel insurance for fees that United had scrapped in response to the coronavirus pandemic.
A pair of Florida men were charged Tuesday in connection with an alleged $73 million COVID-19 health care kickback scheme, marking the most recent indictment in what the U.S. Department of Justice has hailed as an ongoing crackdown on pandemic-related health care fraud schemes.
A Dow Chemical unit won its bid for a new trial Wednesday in a case alleging asbestos it made and sold caused a manufacturing plant worker's fatal mesothelioma, with a New Jersey appeals court ruling jurors received improper instructions regarding the company's obligation to caution the worker about the product's risks.
A New Jersey state judge on Wednesday dug into whether Wilentz Goldman & Spitzer PA should be barred from representing Mazie Slater Katz & Freeman LLC in a malpractice suit over a nixed $102 million child abuse verdict because a retired jurist and current Wilentz Goldman attorney is a witness.
The Third Circuit on Tuesday backed a litigation funder who was stiffed on a $29,000 advance to a litigant who got an award from a wrongful termination suit.
A New Jersey state judge handed a partial victory to a state assemblyman Tuesday in ordering the New Jersey Department of Health to turn over county-level data used in reporting COVID-19 statistics while rejecting as overbroad his demand for a log of related agency emails.
A New Jersey federal judge on Tuesday held the principal of a debt collection company in contempt for failing to respond to a proposed class action asserting consumer law violations, saying he hasn't paid a $7,600 default judgment or complied with other court orders in the case.
A New Jersey federal judge on Tuesday threw out a suit alleging that AMAG Pharmaceuticals Inc. misleads consumers into believing one of its drugs prevents women from giving birth prematurely, saying any claims from before March 2019 are preempted.
Despite pandemic-related challenges this year, law firms can effectively train summer associates on writing and communicating — without investing more time than they ordinarily would, says Julie Schrager at Schiff Hardin.
Opinion
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The increasing legalization of recreational marijuana spotlights the need for states to safeguard the public by developing laws to curb driving under the influence of drugs with uniform bright-line rules, along with more accurate testing and increased law enforcement training, say Laura Sedrish at Jacoby & Meyers and Victor Schwartz at Shook Hardy.
The utility of legal technology innovations may be limited without clear data and objectives from the outset, but targeted surveys can provide specific insights that enable law firms to adopt the most appropriate and efficient tech solutions, says Tim Scott at Frogslayer.
Rebuttal
While corporations and tort reform groups seek to discredit plaintiffs' evidence as "junk science," as seen in a recent Law360 guest article, expert testimony standards apply to both sides of the aisle, and there is no evidence that junk is supplanting justice in consumer litigation, says Leigh O'Dell at Beasley Allen.
Amid high demand for associates and aggressive competition to attract talent, law firms should take three key steps to conduct meaningful prehire due diligence and safeguard against lateral hiring mistakes that can hurt their revenue and reputation, says Michael Ellenhorn at Decipher.
Alex Oh’s abrupt departure from the U.S. Securities and Exchange Commission and admonishment by a D.C. federal judge over conduct in an Exxon human rights case demonstrate three major costs of incivility to lawyers, and highlight the importance of teaching civility in law school, says David Grenardo at St. Mary's University.
Opinion
The federal rule that permits the use of business records as evidence must be amended to address the unreliability of electronically stored information and inconsistent court frameworks on email admissibility, say Josh Sohn and Nadia Zivkov at Stroock.
In its recent Concepts America decision, the Illinois bankruptcy court didn't settle the debate over Chapter 7 substantial contribution claims, but provided useful guidance regarding a conflict that is likely to continue absent appellate precedent or legislative action, say Daniel Merrett and Mark Douglas at Jones Day.
Following the spike in gasoline prices from the Colonial Pipeline cyberattack, consumers and state regulators may draw on pandemic-related experiences to shape price-gouging claims, but businesses can do the same to ensure compliance with state laws and lay the foundation for a solid litigation defense, say attorneys at Proskauer.
Many state courts have their own systems for consolidating cases that both resemble and differ from federal multidistrict litigation, and practitioners should understand the advantages and disadvantages of state MDL procedures for particular litigation, say Zachary Clopton at Northwestern Law and Theodore Rave at University of Houston Law.
In complex cases like product liability mass torts, information about claimants and cases may be in disparate databases, making identifying the number of plaintiffs a key challenge — but legal teams can take steps to centralize case data and simplify discovery, say Kenneth Jones and Pamela Kaplan at Tanenbaum Keale.
Series
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Katherine Forrest's new book, "When Machines Can Be Judge, Jury, and Executioner," raises valid transparency concerns about artificial intelligence tools used by judges when making bail and sentencing decisions, but her argument that such tools should be rejected outright is less than convincing, says U.S. District Judge Xavier Rodriguez of the Western District of Texas.
Arbitration data from states with existing surprise medical billing laws that track the federal independent dispute resolution process under the newly passed No Surprises Act provide helpful insights into the likely impact of the federal law taking effect in 2022, say Alexandra Lucas and Christian Martin at Reed Smith.
A flexible work environment will be key to recruiting and retention efforts post-pandemic, so law firms must develop comprehensive policies that solidify expectations and boundaries on accommodations such as flextime, remote work and reduced hours, says Manar Morales at the Diversity & Flexibility Alliance.
Five years after the enactment of the Defend Trade Secrets Act, work remains to be done on achieving uniformity across jurisdictions, because state law differences being imported into the DTSA are creating the same patchwork of law the act was intended to rectify, say attorneys at MoFo.
