New Jersey

  • October 17, 2014

    Christie Passes Bill To Nix Sports-Betting Laws In NJ

    New Jersey Gov. Chris Christie signed legislation on Friday to repeal the state's prohibition against sports betting — one day after the state's Assembly passed an identical version of the bill designed to support a recent directive to allow wagering at casinos and racetracks.

  • October 17, 2014

    Activist Investor Nominates 7 To Family Dollar Board

    Activist investor Elliott Advisors UK Ltd. said Friday it has nominated seven candidates to Family Dollar Stores Inc.'s board of directors and is pushing the company to sell to competitor Dollar General Corp. instead of a third discount retailer.

  • October 17, 2014

    Venable-Acquired Firm Escapes $590M Movie Loan Suit

    A New Jersey federal judge on Thursday dismissed a Los Angeles firm, since acquired by Venable LLP, from a suit over $590 million in movie financing, agreeing the absolute litigation privilege shields the firm from claims it aided and abetted a client's fraudulent activity.

  • October 17, 2014

    Sidley Beats Subpoena Bid In PetroTiger CEO's Bribery Case

    A New Jersey federal judge on Friday freed Sidley Austin LLP from a subpoena seeking documents related to its probe of PetroTiger Ltd. following its former CEO's indictment for allegedly conspiring to bribe Colombian officials to secure a $39 million contract.

  • October 17, 2014

    Ex-NFLer Hamstrings Subpoenas In Atty Investment Row

    The battle between a former NFL player and a prominent attorney over a $1 million investment lost in a waste-to-energy business recently grew more contentious, with a New Jersey federal judge curtailing, but not quashing, subpoenas for the player's financial records. 

  • October 17, 2014

    Trump Entertainment Allowed To Nix Union Deal In Ch. 11

    A Delaware bankruptcy judge Friday allowed Trump Entertainment Resorts Inc. to ax its collective bargaining agreement with the union representing more than 1,000 employees of the Taj Mahal and impose its alternative that trades pensions for 401(k)s and employer-provided health insurance for coverage under the Affordable Care Act.

  • October 17, 2014

    3rd Circ. Revives Genaera Investor Suit Over Asset Sales

    The Third Circuit on Friday sided with shareholders who contended a Pennsylvania federal judge had wrongly tossed their putative class action claiming defunct biotech company Genaera Corp. had undervalued assets sold through a liquidating trust, finding the judge’s decision was “premature.”

  • October 17, 2014

    Bank Lenders Jump Into Caesars Restructuring Talks

    Lenders under Caesars Entertainment Corp.’s $5.4 billion lines of bank credit will enter closed-door talks around an impending debt restructuring as the distressed casino operator drops hints about a possible early-2015 bankruptcy filing.

  • October 16, 2014

    Conrail Seeks Sanctions Against Atty In Derailment Row

    Consolidated Rail Corp. on Wednesday accused an attorney for plaintiffs in litigation over a 2012 derailment and chemical spill in Paulsboro, New Jersey, of violating a protective order by handing a confidential document to the media, alleged conduct that the company says deserves punishment.

  • October 16, 2014

    NJ Gains An Edge As Bill Passes To Kill Sports Betting Laws

    The New Jersey General Assembly on Thursday passed legislation to repeal the state's prohibition against sports betting, a bill designed to support a recent directive to allow wagering at casinos and racetracks as the state seeks the Third Circuit’s clarification on the directive’s legality.

  • October 16, 2014

    Wyndham Attracts Outside Support In FTC Data Security Row

    The U.S. Chamber of Commerce, the Washington Legal Foundation and several other entities are throwing their support behind Wyndham Hotel & Resorts LLC in its Third Circuit challenge to the Federal Trade Commission's data security authority, arguing that the regulator has overstepped its mandate and is unfairly targeting breached entities.

  • October 16, 2014

    NJ Legislature Votes To Curtail Insurers' Dental Pricing

    The New Jersey Legislature on Thursday passed a bill that would prohibit dental insurers from setting the prices for services not covered under their insurance plans, a measure aimed at overturning an appellate decision in favor of Aetna Life Insurance Co. and Metropolitan Life Insurance Co.

  • October 16, 2014

    Becton, Bard Trade Secrets Thief Gets 18 Months

    A onetime engineer with Becton Dickinson & Co. and C.R. Bard Inc. who stole millions of dollars in trade secrets from the companies — but was arrested before he could return to India — was sentenced in New Jersey on Thursday to 18 months in prison.

  • October 15, 2014

    'Real Housewives' Star Pleads Guilty Over Fake License

    "The Real Housewives of New Jersey" star Giuseppe Giudice — who was sentenced to 41 months in federal prison after admitting to bankruptcy fraud, tax evasion and other charges — pled guilty Wednesday in a separate driver's license fraud case in New Jersey state court, according to multiple reports. 

  • October 15, 2014

    Bally's Strikes Unpaid OT Deal With NJ Casino Dealers

    Bally's Atlantic City asked a New Jersey federal court Wednesday for preliminary approval on a $500,000 settlement to end a wage-and-hour class action alleging casino employees weren't paid for attending preshift staff meetings.

  • October 15, 2014

    NJ Developer Takes ShopRite Monopoly Claims To 3rd Circ.

    A New Jersey real estate developer will fight to revive Sherman Act claims accusing the owner of various ShopRite locations of trying to monopolize a northern area of the state and interfering with the development of a competing supermarket, according to a notice Tuesday.

  • October 15, 2014

    NJ Bill Would Fund Roadwork With Alt-Fuel Vehicle Tax

    A New Jersey assemblyman on Tuesday announced plans to introduce legislation that would divert tax revenues from the sale of alternative-fuel vehicles to the state's Transportation Trust Fund, a bill aimed at replenishing the depleted funds.

  • October 15, 2014

    T-Mobile, Nokia Ditch High Point's Wireless Patent Suit

    A New Jersey federal judge on Wednesday threw out Luxembourg-based patent holder High Point SARL's patent-infringement case against T-Mobile USA Inc., Nokia Solutions and Networks US LLC and Ericsson Inc., finding the defendants had licenses to use the technology, which exhausted High Points' right to assert infringement.

  • October 15, 2014

    NJ Supreme Court Allows Use Of Judicial Quotes In Ads

    The Supreme Court of New Jersey on Wednesday approved a revised advertising guideline, allowing lawyers to advertise using excerpts from judicial opinions in accordance with a Third Circuit directive, but said lawyers must add a disclaimer to preclude overly broad interpretations of such quotes.

  • October 15, 2014

    Generic Drug Cos. Seek Federal Preemption Of Reglan Claims

    Drug manufacturers embroiled in litigation over generic Reglan urged the New Jersey Appellate Division on Wednesday to find that federal law preempts patients' allegations that the companies unreasonably delayed adding a key warning to their labeling for the digestion medication.

Expert Analysis

  • When Fraud, Spoliation Are Added To Asbestos Claims

    Jesse L. Morris

    The Third Circuit's recent ruling in Williams v. BASF Catalysts could prove an instructive example of how litigation may unfold when fraud and spoliation claims are brought against industrial manufacturers and their successors linked to asbestos-related illnesses and deaths, says Jesse Morris of Weil Gotshal & Manges LLP.

  • OPINION: Don't Mess With... Arizona?

    Michael Li

    Fifty years ago, Justice Felix Frankfurter cautioned courts about getting mired in the “political thicket” of redistricting. In agreeing to hear Arizona State Legislature v. Arizona Independent Redistricting Commission, the U.S. Supreme Court could be about to take a big step further into that thicket, says Michael Li, counsel at the Brennan Center for Justice, NYU School of Law.

  • Tug-Of-War: Attorney-Client Privilege Vs. Deposition

    There is an inherent tension between the process of preparing a corporate representative to testify and the protections usually afforded by attorney-client privilege. Judicial decisions addressing these tensions are limited and, as of yet, the Federal Circuit Courts of Appeals do not appear to have weighed in on these issues in any meaningful way, say Vanessa Miller and Nicholas Ellis of Foley & Lardner LLP.

  • Escaping Taxes In Bankruptcy Through S Corporations

    Chad C. Coombs

    Shareholders of financially troubled S corporations may now be able to avoid the flow-through of taxes when the S corporation or its subsidiary files bankruptcy, thanks to a Third Circuit ruling in the Chapter 11 case of Majestic Star Casino LLC. The losers are the corporation’s unsecured creditors, says Chad Coombs of Greenberg Glusker Fields Claman & Machtinger LLP.

  • Clarity Over Insurance Broker Liability Comes To NY, NJ

    Robert D. Chesler

    Both Huggins v. Liberty Mutual Insurance Co. and Duffy v. Certain Underwriters at Lloyds of London offer lessons for policyholders — they should seek the broadest coverage possible and look to hold their brokers liable when failing to provide the coverage originally promised, say attorneys at Anderson Kill PC.

  • OPINION: Uphold Reasonable Regs On Judicial Campaigns

    Matthew Menendez

    If the U.S. Supreme Court applies strict scrutiny in Williams-Yulee v. Florida Bar to strike down reasonable restrictions on judicial campaign activity, the increasing flood of judicial campaign spending may further damage the public’s eroding confidence in the judiciary, says Matthew Menendez, counsel in the Democracy Program at the Brennan Center for Justice, NYU School of Law.

  • 3rd Circ. Ruling May Shake Up Estate Scope Litigation

    Steven Wilamowsky

    The Third Circuit’s recent decision in Allen v. Advanced Telecommunication Network Inc. may have significant ramifications for future litigation over the scope of an “estate” as it potentially creates a disjunction between otherwise identical court recovery orders and judgments, say Steven Wilamowsky and Alix Brozman of Bingham McCutchen LLP.

  • NJ Courts Continue To Grapple With Allocation Issue

    Scott M. Seaman

    The New Jersey Supreme Court's recent decision in IMO Industries Inc. v. Transamerica Corp. underscores the continued applicability of the court's observation on environmental coverage law with respect to allocation — just as one important issue is resolved at least two new issues rise to take its place, says Scott Seaman of Meckler Bulger Tilson Marick & Pearson LLP.

  • A Possible End To Pa. Court Split Over Economic Loss

    Charlotte E. Thomas

    Because the alleged deception in Grimes v. Enterprise Leasing Inc. arises out of a written agreement, the case presents an opportunity for the Pennsylvania Supreme Court to provide guidance on the economic loss doctrine and to resolve a split between state and federal courts, says Charlotte Thomas of Duane Morris LLP.

  • And Now A Word From The Panel: ABCs Of JPML Practice

    Alan E. Rothman

    This week, as the Judicial Panel on Multidistrict Litigation embarks on a rare October hearing, we cannot resist mentioning an intriguing MDL petition that involves local rules governing attorney admission and several lawsuits naming members of the federal judiciary — including a JPML member who is also a D.C. district court judge, says Alan Rothman of Kaye Scholer LLP.