New Jersey

  • September 16, 2014

    NJ Lawmakers Target Spousal Privilege In Criminal Trials

    New Jersey lawmakers introduced two bills Monday to prevent the use of marital privilege to block the admission of wiretapped communications in cases of crime or fraud in a legislative effort to close a legal loophole at the state Supreme Court's suggestion.

  • September 16, 2014

    Canon Settles Employee Background Check Suit

    Canon Solutions America Inc. has agreed to settle a proposed class action brought by a former data entry worker who had accused the company of illegal criminal background check practices, according to a dismissal notice filed in New Jersey federal court Tuesday.

  • September 16, 2014

    Shire Sues CorePharma Over Plans For Generic Adderall

    Shire LLC has fired off a lawsuit against CorePharma LLC in New Jersey federal court, alleging the company will infringe a pair of patents that cover its widely used attention deficit drug Adderall XL by selling a generic version.

  • September 15, 2014

    Aetna Can't Close Book On Underpayment Saga, Class Says

    Aetna Inc. caught flak for its bid to dismiss the latest complaint filed in long-running antitrust and racketeering multidistrict litigation against the insurer for allegedly underpaying insurance claims, with a putative class arguing Friday that the new complaint is a necessary update and strengthens their claims in the seven-year battle.

  • September 15, 2014

    Ex-Wentworth Execs' $2.5M Discrimination Award Gets Nixed

    The Wentworth Group won an appeal Monday of a $2.5 million jury verdict for racial discrimination over the firing of two executives, with a New Jersey appeals court finding that a lower court should have addressed a plaintiffs' noncompliance with a subpoena notice during trial.

  • September 15, 2014

    Revel Bankruptcy Judge OKs Auction For $90M Stalking Horse

    A New Jersey bankruptcy judge on Monday approved an auction for the Revel Casino Hotel to facilitate a $90 million stalking horse bid, greenlighting a $3 million breakup fee and an expedited schedule out of concern the bid may be Revel's last chance to liquidate.

  • September 15, 2014

    NJ Mass Torts Relocated Out Of Atlantic County

    The New Jersey Supreme Court has approved the transfer of a half-dozen mass tort cases against Johnson & Johnson, Merck & Co. Inc. and other drug and medical device makers out of Atlantic County, according to a letter sent on Monday to attorneys involved in the suits.

  • September 15, 2014

    Trump Resorts Plagued By Past Ch. 11 Mistakes, Experts Say

    While there is little doubt Atlantic City’s bearish gaming market played a major role in Trump Entertainment Resorts Inc.'s fourth spin into Chapter 11 last week, there are experts who say the casino operator was also hobbled by crucial missteps it made during its last trip through bankruptcy.

  • September 15, 2014

    NJ Senate Panel Moves To Block Emissions Pact Withdrawal

    A New Jersey Senate committee on Monday struck back against Gov. Chris Christie's move to repeal rules associated with the state's former participation in a regional carbon emissions cap-and-trade pact, passing a resolution to override the administration.

  • September 15, 2014

    Noel Canning Halts NLRB's Appeal, New Vista Tells 3rd Circ.

    New Vista Nursing and Rehabilitation LLC urged the Third Circuit on Monday to table the rehearing of a National Labor Relations Board appeal in an unfair labor practices dispute because two agency orders at issue involve two agency members found to be invalidly appointed in the U.S. Supreme Court's blockbuster Noel Canning ruling.

  • September 15, 2014

    DOD Contractor Charged In Turkish Shell Co. Scheme

    New Jersey federal prosecutors on Monday charged the owner of two defense contractors of defrauding the U.S. Department of Defense by using shell companies to secure nearly $1.4 million to supply spare parts for the military's amphibious assault vehicle for Turkish manufacturers.

  • September 15, 2014

    Walgreen Blasts 'Chutzpah' Of Attys' Fee Bid In Pfizer MDL

    Walgreen Co. urged a New Jersey federal court Friday to deny class counsel a cut of the fees from Walgreen's antitrust settlement with Pfizer Inc. over its epilepsy treatment Neurontin, saying class counsel in the multidistrict litigation actively worked against Walgreen after it opted out of the class.

  • September 15, 2014

    Occidental To Pay NJ $190M In Passaic River Pollution Case

    Occidental Chemical Corp. will pay the state of New Jersey $190 million to cover past cleanup and removal costs in Passaic River litigation, Acting Attorney General John J. Hoffman and Department of Environmental Protection Commissioner Bob Martin announced on Monday.

  • September 15, 2014

    Nelson Brown Exodus Continues With Loss Of NY Trial Atty

    Pennsylvania-based insurance boutique Nelson Brown & Co., formerly known as Nelson Levine de Luca & Hamilton LLC,  has suffered another personnel loss, with a trial lawyer leaving to join defense-focused Gallo Vitucci Klar LLP as a partner in its New York and North Jersey offices.

  • September 15, 2014

    Kirkland, Latham Guide $2.7B Cognizant-TriZetto Merger

    Information technology and consulting firm Cognizant Technology Solutions Corp. will pay $2.7 billion to acquire health care software provider TriZetto Corp. from private equity firm Apax Partners LLP in an effort to expand its health care industry presence, the company said Monday.

  • September 12, 2014

    Pfizer Sheds Lipitor Buyers' Class Action In Antitrust MDL

    A New Jersey federal judge on Friday dismissed an antitrust suit in multidistrict litigation challenging a purportedly anti-competitive patent infringement settlement between Pfizer Inc. and Ranbaxy Laboratories Ltd. over Lipitor, ruling a proposed class of pharmaceutical wholesalers and retailers failed to state a claim.

  • September 12, 2014

    Christie Hit With Complaint Over Pension Fund Investments

    The New Jersey State AFL-CIO filed a complaint with the State Ethics Commission on Friday accusing Gov. Chris Christie and his administration of investing state pension funds into funds managed by the private equity firms of top political donors, in violation of the commission’s Code of Ethics.

  • September 12, 2014

    Courts Slamming Brakes On State Power Plant Plans

    The Third Circuit's Thursday ruling that a New Jersey subsidy program for new power plant construction usurps Federal Energy Regulatory Commission jurisdiction over electricity markets is the latest decision to suggest that states may have to scale back their own ambitions in a regionalized U.S. power system, experts say.

  • September 12, 2014

    Christie Seeks Relief For Ailing Atlantic City With Veto

    New Jersey Gov. Chris Christie on Thursday rejected a bipartisan bill to expand state tax incentive programs, asking the Legislature to make Atlantic City eligible for greater relief under the programs as it seeks to grow beyond its gaming roots.

  • September 12, 2014

    Meridian Capital Sets Up $170M For NY Hotel, NJ Resi

    Meridian Capital Group LLC has arranged $70 million to refinance the 197-room Refinery Hotel in Manhattan as well as $100 million in financing for the buyer of Rachel Gardens, a 764-unit apartment complex in New Jersey, the commercial real estate firm said Thursday.

Expert Analysis

  • Class Ascertainability Continues To Become More Concrete

    David C. Kistler

    In re Paulsboro Derailment Cases is the most recent example of a district court addressing ascertainability based on the Third Circuit's Marcus, Hayes and Carrera rulings and provides a framework for class ascertainability — it further demonstrates that, outside of consumer fraud class actions, plaintiffs can still overcome ascertainability, say David Kistler and Rachel Gallagher of Blank Rome LLP.

  • No Industry Is Safe From TCPA Litigation

    Richard Benenson

    In recent years, the number of private actions filed under the Telephone Consumer Protection Act has risen sharply, but perhaps more concerning is that litigants are using the act to target an increasingly broad range of industries, say attorneys with Brownstein Hyatt Farber Schreck LLP.

  • Answering Your Questions On NJ's 'Ban-The-Box' Law

    Jill R. Cohen

    New Jersey employers should understand that the Opportunity to Compete Act that Gov. Chris Christie recently signed into law is more lenient than prior iterations — which would have prohibited employers from asking about criminal records until after a conditional offer of employment was made to an applicant, says Jill Cohen of Eckert Seamans Cherin & Mellott LLC.

  • Be Wary Of Inadvertent Waivers In Contamination Claims

    Richard F. Ricci

    A New Jersey appellate court's ruling in Favorito v. Puritan Oil Company Inc. provides valuable lessons in how to — and how not to — prosecute claims for damages based on contamination migrating from one property to another, say Richard Ricci and Nikki Adame Winningham of Lowenstein Sandler LLP.

  • How To Use NJ Open Public Records Act To Get The Scoop

    CJ Griffin

    While there is no law that requires a public official to talk to the media, a properly crafted request under the New Jersey Open Public Records Act can get a reporter a public agency record — and possible "smoking gun" — within seven business days, says CJ Griffin of Pashman Stein PC.

  • Job Applications Can Cut Short Protracted Litigation

    Keith J. Rosenblatt

    With the decision in Rodriguez v. Raymours Furniture Company Inc., New Jersey’s judiciary joined federal or state courts in several other states that have permitted parties to the employment relationship to “agree” upon shorter limitations periods for employment-related claims. Employers following this approach should consider five guidelines, say Keith Rosenblatt and Rachel Seaton of Littler Mendelson PC.

  • Increased Muni Power Means Larger Fines For NJ Mortgagees

    Wayne Streibich

    With recent changes in New Jersey law and new penalties in place, mortgagees and servicers should review their practices and procedures to ensure timely response to notices of code violations from municipalities on abandoned or vacant properties in foreclosure, say attorneys with Blank Rome LLP.

  • The Glass Slipper: Searching For The FCA Case That Fits

    R. Scott Oswald

    The manner in which Rule 9(b) is being used as a sword to strike down worthy False Claims Act claims and relators — as opposed to a shield against unmeritorious allegations — is wholly inconsistent with the purposes of the law, says R. Scott Oswald of The Employment Law Group PC.

  • 3rd Circ. Curtails Review For Error At Sentencing

    Daniel Wenner

    Appealing a sentence based on procedural error just got harder in the Third Circuit. Following U.S. v. Flores-Mejia, to avoid plain-error review, defense counsel must be vigilant during sentencing hearings to point out to the district court all possible procedural errors after the sentence is imposed, says Daniel Wenner of Day Pitney LLP.

  • High Court Should Review Scope Of Crime-Fraud Exception

    Matthew D. Lee

    Given the significant differences among the circuits in examining the crime-fraud exception, and the Third Circuit’s recent erosion of the attorney-client privilege, U.S. Supreme Court review is necessary to ensure the consistent treatment of litigants and to protect the privilege, say attorneys with Blank Rome LLP.