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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
June 05, 2023 | New Jersey Law Journal

Different Strokes? Courts Reluctant to Hold This Industry Liable for Sexual Abuse of Young Fans

Sexual abuse suits have driven the Boy Scouts of America and some Roman Catholic dioceses into bankruptcy, but the music industry has fared better.
8 minute read
May 23, 2023 | Pro Mid Market

Who Got the Work: Constangy Partners Step In to Defend Walmart in ADA Employment Discrimination Suit

Constangy, Brooks, Smith & Prophete partners Jill S. Stricklin and Shannon 'Missy' Sumerell Spainhour have stepped in as defense counsel to Walmart in a pending lawsuit over alleged employment discrimination under the ADA.
2 minute read
Law Journal Press | Digital Book Florida Construction Defect Litigation 2025 Authors: Gary L. Brown View this Book

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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
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
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
May 09, 2023 | New Jersey Law Journal

Gibbons Representing Columbia Bank in Suit Over Severance

This suit was surfaced by Law.com Radar. Read the document here.
1 minute read
May 05, 2023 | New Jersey Law Journal

Alternative Treatment Center Applicants Lose Appeal of Cannabis Regulatory Commission Denial

"When considering appellants' due process arguments in these appeals, the question is whether the procedures initiated by DOH and completed by the CRC complied with our intentionally general mandate that it address the scoring anomalies and appellants' complaints," the opinion said. "We find they did."
5 minute read

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