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June 21, 2023 | New Jersey Law Journal

NJ Supreme Court: No Exception to 'American Rule' for Attorney Fees Under Common-Law Rights of Public Access

"In the Supreme Court's decision ... the court closed the door on the availability of common law fees thereby saving New Jersey taxpayers untold funds which would otherwise go to attorneys who have made a cottage industry suing municipalities and other public entities for records," said counsel to Neptune Township, Jonathan F. Cohen of Plosia Cohen.
5 minute read
June 16, 2023 | Litigation Daily

Litigator of the Week Runners-Up and Shout Outs

Runners-up this week include lawyers from Hogan Lovells, Quinn Emanuel, Otterbourg, Weil Gotshal and Gibson Dunn.
8 minute read
June 14, 2023 | Law.com

First Circuit Sides With Vitamin Shoppe: Plaintiffs' State Law Claims Against Glutamine Supplement Preempted by Federal Law

"In sum, because the contested statements about glutamine on Vitamin Shoppe's labels describe glutamine's effect on the human body's structure or function or explain how glutamine maintains that structure or function, they are structure/function claims under § 343(r)(6)(A)," First Circuit Judge Silvia Carreño-Coll wrote.
7 minute read
June 12, 2023 | New Jersey Law Journal

New Jersey Top 40: Litigation, Practice Diversity Set Firms Up for Growth

The picture is not quite as rosy as a year ago. But the 40 listed firms collectively increased firmwide gross revenue 4.6% year over year.
6 minute read
June 07, 2023 | New Jersey Law Journal

Former AUSA Returns to Gibbons for Third Time, Co-Chairs White-Collar Practice

Ricardo Solano Jr. previously served as an associate and later as a director in the firm's criminal defense practice.
4 minute read
May 18, 2023 | Law.com

Siding With Arrested CBD Seller, 6th Circuit Clarifies Scope of Civil Conspiracy Doctrine

The U.S. Court of Appeals for the Sixth Circuit reversed a grant of summary judgment to Rutherford County, Tennessee, and its sheriff, determining a store owner had presented evidence to support his civil conspiracy claims after he was wrongfully arrested, his business was raided, and his CBD products seized.
8 minute read
Leonard v. City of New York
Publication Date: 2023-05-17
Practice Area: Personal Injury | Premises Liability
Industry: Construction
Court: Appellate Division, First Department
Judge: Justice Peter H. Moulton
Attorneys:
For plaintiff: For Appellant: Niall Macgiollabhui of counsel, Law Office of Niall MacGiollabhui, New York.
For defendant: For Respondents: Patrick J. Lawless of counsel, Wilson Elser Moskowitz Edelman & Dicker LLP, New York.
Case number: 24893/15

'Danger Invites Rescue Doctrine' Applies to Injury Claim Grounded on Labor Law §241(6)

May 15, 2023 | New York Law Journal

Do Self-Appointed 'Tester' Plaintiffs Have Standing to Sue Under the ADA?

The U.S. Supreme Court's decision could have significant ramifications for ADA litigation that has been wildly proliferating in the Second Circuit and elsewhere for the past decade.
10 minute read
Appellate Division, First Department: May 15, 2023
Publication Date: 2023-05-15
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, First Department, Appeals & Motions
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appeals List released on: May 11 and Motions released on: May 10 & 11, 2023

May 10, 2023 | New Jersey Law Journal

Carving Out 'American Rule' Exception, NJ Appeals Court Upholds Fee Award as Damages Against Law Firm

"It stands to reason that the prevailing party should be able to recover those attorney's fees reasonably attributable to its prosecution of claims against the third party within a single action," Judge Morris G. Smith said. "A plaintiff should not have to file two lawsuits, one against the party that breached the contract, and a separate one against the tortfeasor, to recover attorney's fees against the tortfeasor in an action for damages to enforce a non-compete agreement."
5 minute read

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