New Jersey

  • July 2, 2015

    Struggling Law School Alumni Denied Class Cert In NJ

    A federal judge in New Jersey denied certification in a proposed $75 million class action by Widener University School of Law graduates who claim the school misrepresented their career outlook to the student body and in industry publications to boost enrollment, yet they didn't secure satisfying jobs after commencement.

  • July 2, 2015

    Doctor Tied To Sen. Menendez Scandal Gets Bail In Fla. Case

    A wealthy Florida eye doctor facing criminal charges for allegedly bribing his close friend U.S. Sen. Robert Menendez, D-N.J., was granted bail in a separate Medicare fraud case in Florida, with an $18 million bond agreement reached Thursday set to end his roughly 11-week detention.

  • July 2, 2015

    3rd Circ. Says Bracewell Can Arbitrate Pa. Malpractice Suit

    The Third Circuit on Thursday ruled that a former client of Bracewell & Guiliani LLP suing the firm for malpractice is bound by equitable estoppel principles to arbitrate her claims even though she didn't sign a written engagement agreement, reversing an order granting her a trial to determine that very issue.

  • July 2, 2015

    Jersey Shore Pizza Shop Owners Cop To Tax Evasion

    The owners of an iconic Jersey Shore eatery on Thursday admitted to committing tax evasion in other crimes against the Internal Revenue Service during their rise and fall at Manco & Manco Pizza, which still operates in four locations.

  • July 2, 2015

    Girardi Keese Can't Avoid Recovery Sharing In Avandia Suits

    The Third Circuit on Thursday upheld an order forcing The Girardi Keese Law Firm to kick in its purported share to a common benefit fund in centralized suits against GlaxoSmithKline LLC over the diabetes drug Avandia, finding that a district court had the power to decide the cross-country dispute.

  • July 2, 2015

    Tribal Group Urges Justices To Hear Jim Thorpe Remains Row

    A Native American advocacy group and several current and former lawmakers urged the U.S. Supreme Court on Wednesday to review a petition to return sports legend Jim Thorpe's remain to his tribe’s reservation, saying a Third Circuit ruling violated a law protecting Native American artifacts and remains.

  • July 2, 2015

    NJ Health System Accused Of Disregarding Racist Insults

    A medical worker has slapped JFK Health System in New Jersey with a discrimination suit for allegedly failing to crack down on racist statements made by co-workers, including a doctor.

  • July 2, 2015

    NJ Bill Expanding P3 Project Eligibility Is On Christie's Desk

    A New Jersey law pending Gov. Chris Christie's signature after recently clearing the state Senate would permit certain government entities to enter into public-private partnerships for building and highway infrastructure projects, expanding a privilege now held solely by state and county colleges.

  • July 2, 2015

    Amarin Ducks Securities Action Over Vascepa Denial

    A New Jersey federal judge has dismissed a securities class action against biopharmaceuticals maker Amarin Corp. PLC that claimed it artificially inflated its stock price before a U.S. Food and Drug Administration panel denied expanding the use of its fish oil drug Vascepa to treat more adults with high triglycerides.

  • July 2, 2015

    Norfolk Southern Wants Out Of NJ Train Wreck Litigation

    Norfolk Southern Railway Co. on Wednesday urged a federal judge to dismiss it from a slew of lawsuits over a 2012 train derailment and chemical spill in Paulsboro, New Jersey, arguing that it can’t be held liable for an accident involving its affiliate, Consolidated Rail Corp.

  • July 2, 2015

    NJ Atty Disbarred Over Loans Made From Client's Trust

    The New Jersey Supreme Court disbarred a real estate attorney on Wednesday for allegedly raiding a trust he oversaw and using those funds to make loans to himself and others, actions the court said delivered no real rewards to the trust.

  • July 2, 2015

    The Biggest NJ Court Decisions Of 2015: Midyear Report

    The U.S. Supreme Court has already left its mark on 2015, but the New Jersey Supreme Court has issued several heavyweight opinions of its own, from allowing Gov. Chris Christie to cut more than $1 billion in pension funding to cementing potential new hurdles for discrimination and whistleblower plaintiffs. Here are seven state appellate decisions that attorneys say will have a significant impact.

  • July 1, 2015

    Straub Sues Stockton University Over Showboat Dispute

    As the clock ticks toward the would-be $26 million sale of shuttered Showboat Atlantic City, embattled casino buyer Glenn Straub has taken seller Stockton University to state court over confusion on whether the boardwalk property can operate as a casino.

  • July 1, 2015

    Fishing Groups Ask Court To Halt Ocean Seismic Testing

    A coalition of fishing groups filed suit Wednesday against the federal government and various aquatic research groups to halt a seismic study off the New Jersey coast, saying the use of underwater airguns that blast sound waves at levels louder than a space shuttle launch is disturbing aquatic life.

  • July 1, 2015

    Towns Needn't Cover Officials' Legal Fees: NJ Appeals Court

    A southern New Jersey town emerged the winner in an appeals decision that cleared it of an obligation to pay legal fees incurred by its former deputy mayor, siding with a lower court's ruling that no state or common law compels municipalities to cover litigation expenses for officials.

  • July 1, 2015

    Aetna Gets Claims Trimmed From Reimbursement Row

    A New Jersey federal judge on Tuesday dismissed antitrust, Employee Retirement Income Security Act and other claims from a class action accusing Aetna Inc. of using rigged price schedules to underpay for out-of-network services, saying those claims weren't strong enough.

  • July 1, 2015

    Wyndham Says High Court ACA Ruling Supports Appeal

    Wyndham Worldwide Corp. on Tuesday told the Third Circuit that the U.S. Supreme Court’s recent ruling on the Affordable Care Act supports their argument that the Federal Trade Commission doesn’t have the congressional authority to police unreasonable data security practices.

  • July 1, 2015

    Starbucks Wins Discovery Bid In Tainted Ham Row

    A federal judge in New Jersey on Tuesday partially granted Starbucks Corp.’s request to compel the production of a settlement agreement between the three suppliers behind tainted ham sandwiches that the coffee giant was forced to pull from its shelves in 2010 and is suing over.

  • July 1, 2015

    Cablevision Customers Push For Cert. In Cable Box-Tying Row

    A putative class of Cablevision cable subscribers pushed a New Jersey federal judge Tuesday to certify their class, saying the company’s tying of set-top box rentals to cable subscriptions should sufficiently bind them as a group.

  • July 1, 2015

    Sullivan Guides Insurer ACE In $28.3B Deal For Chubb

    Property and casualty insurer ACE Group announced Wednesday that it had inked a $28.3 billion cash and stock deal to pick up competitor The Chubb Corp.

Expert Analysis

  • Wrapping Your Head Around NJ Workers' Comp Jurisdiction

    Timothy R. Freeman

    The practical effect of the New Jersey Supreme Court's ruling in Estate of Kotsovska v. Liebman may be to discourage the filing of petitions for workers' compensation benefits and to encourage litigation in the state's courts regarding employment status after a workplace injury has occurred, says Timothy Freeman of Sedgwick LLP.

  • How Drug Cos. Can Minimize Risks Of 'Right To Try' Laws

    Vicki G. Norton

    With "right to try" measures that provide seriously ill patients access to experimental treatments being drafted in 40 states, drug and biologic developers have faced increasing pressure from patients and their advocates to make investigational drugs available for compassionate use. Vicki Norton of Duane Morris LLP has some advice for navigating the risks associated with allowing patients compassionate use of experimental drugs.

  • Why NJ May Win 3rd Circ. Sports Betting Case

    Daniel Wallach

    New Jersey may hold the upper hand in the sports betting case, based on what unfolded at the oral argument. In contrast to the district court, the Third Circuit signaled strongly that principles of statutory interpretation would dictate the outcome. And this bodes well for New Jersey, says Daniel Wallach of Becker & Poliakoff PA.

  • Midpoint 2015: What To Expect From State AGs

    Joseph W. Jacquot

    Whether on competition in the solar energy market, oversight of professional occupations or the safety of electronic payment systems, businesses should proactively engage with state attorneys general as they fulfill their consumer protection role, says Foley & Lardner LLP's Joseph Jacquot, a former Florida deputy attorney general and chief of staff of the attorney general’s office.

  • The Top 3 New Do’s And Don’ts For Law Firm Websites

    Stephan Roussan

    In legal marketing circles, there are few topics peddled about more than “hot tips” for improving your law firm’s website. Google it. You’ll find more advice than you could ever digest. However, there are larger trends in technology, culture and user behavior that are impacting firms in very significant ways and are not being talked about nearly as much as they should be, says Stephan Roussan, founder of consulting and web developm... (continued)

  • NJ Has The Backs Of Chiropractors In Class Action

    James J. Ferrelli

    The recent granting of class certification by the District of New Jersey to participating and nonparticipating chiropractors in DeMaria v. Horizon Healthcare Inc. offers a blueprint to class action certification for health care providers seeking to challenge health insurer policies that may systematically deny or reduce benefits paid, says James Ferrelli of Duane Morris LLP.

  • A Few Lessons From FCPA Trial Of Ex-PetroTiger CEO

    Marsha Gerber

    The trial of former PetroTiger Ltd. CEO Joseph Sigelman came to an abrupt end last week after prosecutors agreed to a plea agreement that appears to include terms favorable to the ousted executive. The case garnered widespread interest in part because criminal Foreign Corrupt Practices Act cases are rarely tried — this was only the fourth FCPA prosecution in as many years to progress all the way to trial, say attorneys with Norton Rose Fulbright.

  • NJ's Franchise Practices Act: A Broadly Worded Outlier

    Daniel D. Barnes

    New Jersey’s Franchise Practices Act imposes obligations on the distributor or manufacturer that it may not anticipate and may provide retailers with protections of which they were not aware. Decisions in the federal and state courts confirm this approach and demonstrate that New Jersey’s statute reaches farther than those of other states, says Daniel Barnes of Chiesa Shahinian & Giantomasi PC.

  • Best Practices For Avoiding Spoliation

    Paul D. Steinman

    Motions for sanctions based on spoliation of evidence have become increasingly common, and a company that is not prepared to defend against a claim of spoliation may find itself forced to choose between an unfavorable settlement offer or the imposition of sanctions that could prevent it from prevailing on its claims or defenses, say Paul Steinman and Thomas Sanchez of Eckert Seamans Cherin & Mellott LLC.

  • Clean Power Plan Wins A Battle, But Has It Won The War?

    Jennelle Arthur

    While the Obama administration's Clean Power Plan may have survived its first legal challenge in Murray Energy Corp. v. U.S. Environmental Protection Agency before the D.C. Circuit, because the victory hinged on procedural grounds and the presiding judges were Bush-era appointees, the only certainty going forward is that the plan will continue to face both legal and legislative attacks, says Jennelle Arthur of Jackson Kelly PLLC.