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Contingency Fees Can Create Perverse Incentives

Above The Law

In many instances, contingency fees allow greater access to the legal system since clients who may not be able to pay for counsel fees might be able to pursue causes of action they otherwise would not be able to pursue if attorneys work on contingency. You can reach Jordan through email at jordan@rothmanlawyer.com.

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New York sues New Jersey over compact governing Port of New York and New Jersey

SCOTUSBlog

Share This week we highlight cert petitions (and one original action ) that ask the Supreme Court to consider, among other things, whether New Jersey can withdraw from its Waterfront Commission Compact with New York concerning governance and law enforcement over the Port of New York and New Jersey.

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Developments in Opposition to Renewable Energy Facilities Through December 2023

ClimateChange-ClimateLaw

These ordinances were adopted despite a state law that prohibits local governments from placing restrictions on wind or solar facilities unless those restrictions: (a) protect health or safety; (b) do not significantly increase the cost or decrease efficiency; or (c) allow for an alternative system of comparable cost and efficiency.

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Scrub-a-Dub-Dub: FTC is Cleansing the Orange Book of Device Patents

FDA Law

Though some drug companies have been reluctant to delist certain patents from the Orange Book, the District Court of New Jersey just ordered Teva to delist 5 of its patents that it deemed improperly listed. And on X (R.I.P. Twitter), the FTC is taking credit for that. Citing to a 2004 Supreme Court case, Verizon Commc’ns.,

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Patenting Privation (Part III): Empowering Revenge

Above The Law

In addition to its cause of action for false advertising under the Lanham Act, Lilly accuses Empower of deceptive trade practices under New Jersey law. Gastons practice focuses on intellectual property litigation and related counseling, with a strong focus on patent matters.

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Cities, counties, and states score major procedural win in climate liability suits against fossil fuel companies

ClimateChange-ClimateLaw

Over the last five years, cities, counties, and states across the country have sued fossil fuel companies alleging that the companies violated state law in marketing their products as safe. Second are cases that allege the fossil fuel company activities violate state consumer protection laws. On April 24, the U.S.

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Liability for undelivered mail and the chilling effect of subpoenas

SCOTUSBlog

Postal Service employees intentionally refused to deliver mail to her properties, causing tenants to move out and costing her at least $50,000 in rental income, plus emotional distress and the hassle of chasing down bills via FedEx. The government also says there are several record-specific reasons to believe Konan should lose.

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