New Jersey

  • August 21, 2014

    NJ Court Order Blows New Life Into Stymied Wind Project

    A court decision forcing the New Jersey Board of Public Utilities to reconsider plans for an offshore wind farm based on a federal grant of up to $47 million will help the developer argue that the project's benefits outweigh its costs, though it may not be enough to win the regulator's approval, experts say.

  • August 21, 2014

    NJ's Revel Casino Gets Green Light For $275M DIP Loan

    A New Jersey bankruptcy judge on Thursday granted Revel Entertainment AC final approval for a $275 million debtor-in-possession loan, shoring up post-petition financing for Atlantic City's ill-fated Revel Casino Hotel days after it announced a Labor Day closing date.

  • August 21, 2014

    TD Bank Can't Access Commerce CEO's Emails In IP Fight

    A New Jersey federal judge on Thursday said TD Bank NA can't access most emails between Commerce Bancorp LLC's founder and parties associated with his book, which allegedly infringes TD Bank's copyright, but granted access to the emails not protected under attorney-client privilege.

  • August 21, 2014

    3rd Circ. Rules Embezzler Didn't Violate Terms of Release

    The Third Circuit ruled Thursday that a supervised release cannot be revoked for bad-faith conduct unless a specific condition of the supervised release was violated, vacating a Pennsylvania federal court decision.

  • August 21, 2014

    Mazda Hit With Class Action Over Engine Valve Defect In NJ

    Mazda Motor of America Inc. was slapped Thursday with a putative class action in New Jersey federal court that accuses the automaker of concealing from consumers an engine valve system defect included in certain Mazda vehicles and refusing to repair the issue in breach of warranty.

  • August 21, 2014

    NJ Travel Co. Accuses Rival Of Poaching Trade Secrets

    A New Jersey hospitality company sued one of its rivals in federal court on Wednesday, claiming the competitor sent an employee to pose as a customer to glean detailed information about its trade secrets and proprietary business information.

  • August 21, 2014

    Encompass Beats Travelers Claim In Crash Coverage Row

    A New Jersey federal judge has tossed Travelers Property Casualty Co.'s claim that Encompass Insurance Co. of New Jersey was responsible for covering most of a $1.25 million personal injury settlement paid to a prospective client of real estate company Weichert Co. for a 2003 car accident in a realtor's car.

  • August 21, 2014

    Insurance Co. Sued For Sandy Coverage By Homeowners

    Selective Insurance Co. of America was hit Wednesday with a breach of contract suit in New Jersey federal court by homeowners accusing the company of failing to pay benefits owed under flood insurance policies for damage caused by Superstorm Sandy, one of many such suits against the insurer.

  • August 21, 2014

    Lowenstein Sandler Adds Former Newark Mayoral Candidate

    Lowenstein Sandler LLP said Thursday that it will strengthen its litigation and white-collar criminal defense departments in its Roseland office with the addition of a former Newark mayoral candidate who previously served as New Jersey’s assistant attorney general and counsel to Attorney General Anne Milgram.

  • August 20, 2014

    ACLU Demands NJ State Park Police Stop Displaying SSNs

    New Jersey's branch of the American Civil Liberties Union on Wednesday demanded the state's Park Police discontinue its practice of printing Social Security numbers on vehicle tickets, which the ACLU said shows blatant disregard for privacy rights.

  • August 20, 2014

    NFL Star's Lost Investment Suit A 'Shakedown,' Ala. Atty Says

    A prominent Alabama attorney on Tuesday struck back against a former NFL star's claim that he was defrauded out of a $1 million investment in the lawyer's waste-to-energy business, calling the lawsuit a “shakedown” and dismissing claims the energy company's parent is actually a Ponzi scheme.

  • August 20, 2014

    Class Cert. Denied In NJ Train Derailment Case

    A New Jersey federal judge on Wednesday denied class certification to residents and businesses suing Consolidated Rail Corp. for lost income over the fallout of a 2012 derailment and chemical spill in New Jersey, finding insufficient evidence that the proposed class members would be numerous enough.

  • August 20, 2014

    Ambit Energy Marketing Scam Fleeces Consumers, Suit Says

    Ambit Energy LP was hit Tuesday with a putative class action in New Jersey federal court that accuses the Texas-based power reseller and marketer of luring customers with false promises of low electricity rates and other rewards and then overcharging them.

  • August 20, 2014

    Revel Casino Hotel Folds For The Second Time

    Atlantic City's Revel Casino Hotel will close Sept. 1, according to a Wednesday order, after failing to find a buyer in its second round of Chapter 11 bankruptcy protection, making it the fourth closure announced this year in Atlantic City's hobbled gaming industry.

  • August 20, 2014

    NJ Hotel Settles Sandy Price Gouging Claims

    An Econo Lodge in New Jersey that allegedly increased its room rates by as much as 150 percent during the state of emergency that accompanied Superstorm Sandy will pay more than $64,000 to resolve price gouging claims, state Acting Attorney John J. Hoffman announced Wednesday.

  • August 20, 2014

    Crumbs Skips Auction As Stalking Horse Goes Unchallenged

    A joint venture between television investment guru Marcus Lemonis and the owner of ice cream chain Dippin’ Dots is poised to buy Crumbs Bake Shop Inc. out of bankruptcy with a $6.5 million bid, after the shuttered cupcake chain said on Wednesday that no competing suitors had emerged.

  • August 19, 2014

    Judge Says Super Juice Co. Must Face Class Action Suit

    A New Jersey federal judge on Tuesday allowed a proposed class action to proceed against "superfood" juice maker MonaVie Inc. a year after a previous, nearly identical company was shut down, ruling that the plaintiff had sufficiently pled her claims that the company promotes bogus health drinks through a predatory pyramid scheme.

  • August 19, 2014

    NJ Lawmakers Urge Support For DOT's Crude Oil By Rail Rule

    Two New Jersey lawmakers on Monday announced their bipartisan support for stricter federal regulations for rail tank cars carrying flammable materials like crude oil, urging the state's congressional delegation to back the proposal to keep New Jerseyans safe from potential derailments.

  • August 19, 2014

    RE Company Strikes $22M Deal Over NJ Superfund Site

    A real estate company has reached a $22 million settlement with federal and state authorities over the cleanup of a New Jersey Superfund site at the center of a separate $367 million deal that's still pending in court, according to a notice in Monday's state Register.

  • August 19, 2014

    NJ DEP Looks To Close Funding Gap With Air Permit Fee Hikes

    New Jersey's environmental regulator wants to increase air pollution permitting fees for minor and major facilities by approximately 44 percent to help close the gap between the air quality program's revenue and the cost of running it, according to a notice in Monday's state register.

Expert Analysis

  • A Different Claim Aggregation Method To Avoid SLUSA

    Benjamin P. Edwards

    As the securities class action continues to experience death by a thousand cuts, we may soon see increasing numbers of the "disaggregated class" — a new tactic some plaintiff attorneys have begun to deploy to work around the Securities Litigation Uniform Standards Act by filing duplicative state court cases, says Benjamin Edwards of Michigan State University College of Law.

  • 3rd Circ. Puts Debtors 1st In FDCPA Case

    Wayne Streibich

    Arguments in Fair Debt Collection Practices Act cases at the district level were outweighed by the Third Circuit in McLaughlin v. Phelan Hallinan & Schmeig LLP, which establishes that a debtor’s failure to dispute a debt will not likely be a basis for dismissal of claims, say Wayne Streibich and Louise Bowes of Blank Rome LLP.

  • NJ High Court Improves Cleanup Cost Allocation System

    Kevin J. Bruno

    The New Jersey Supreme Court's Magic Petroleum Corp. v. Exxon Mobil Corp. decision is particularly significant to the regulated community because it allows courts to make a percentage allocation of liability prior to the final tally of cleanup costs, ensuring that remediation proceeds promptly, say Kevin Bruno and Kevin Doherty of Blank Rome LLP.

  • A 3rd Circ. Opinion On Third-Party Releases

    Andrew I. Silfen

    The bankruptcy case of Lower Bucks Hospital is a cautionary tale that provides guidance to indenture trustees and their counsel regarding what is necessary in the Third Circuit for third-party releases to be approved, say attorneys with Arent Fox LLP.

  • Ascertainability Looms Large After Skinnygirl Ruling

    Scott Shaffer

    In Stewart v. Beam Global Spirits & Wine, a New Jersey district judge's upholding of Third Circuit precedent dismissing the use of affidavits among potential members to class actions indicates courts are increasingly placing the burden of ascertainability on plaintiffs, not only to protect defendants but also absent class members, says Scott Shaffer of Olshan Frome Wolosky LLP.

  • Timely Notice For NJ Insurance Claims Just Got Harder

    Robert D. Chesler

    The New Jersey Appellate Division's ruling in Templo Fuente De Vida Corp. v. National Union Fire Insurance Company of Pittsburgh PA takes the phrase “as soon as practicable” and makes it easier for insurance companies to avoid their coverage obligations under a claims-made policy — it is a major setback for policyholders and those who give notice on their behalf, say attorneys at Anderson Kill PC.

  • OPINION: Lawyers Should Think In Terms Of Big Data

    James H. Wendell

    The vast majority of civil cases in the United States settle before trial. Knowing how many on a particular topic were filed, how many settled, when they settled, and on what terms clearly would be useful to a lawyer advising a client. Big Data could make it possible — yet this type of research is generally ignored by lawyers, says James Wendell of Riddell Williams PS.

  • And Now A Word From The Panel: Top 10 Venue Arguments

    Alan E. Rothman

    As the Judicial Panel on Multidistrict Litigation heads to the “Heart of America” for its July 31 hearing, this column will take a bit of a detour from its regular format and present a top 10 list of arguments — some strange, yet true — made in support of a particular MDL venue, says Alan Rothman of Kaye Scholer LLP.

  • Watch Out For The 'Man In The Email'

    Susan Linda Ross

    Retailers, when is the last time you spoke with your bank about security? Now may be a good time, according to the FBI and the Internet Crime Complaint Center. A new email scam has been targeting CTOs, CFOs and comptrollers in particular, says Sue Ross of Norton Rose Fulbright.

  • Courts Line Up Behind 3rd Circ.'s Ascertainability Logic

    Tracey Ehlers

    Federal courts, particularly those following Third Circuit precedent, are paying more attention to the ascertainability of class members and companies in the food and beverage industries — where consumers do not typically retain receipts — should take note when challenging class certification, say attorneys at Nixon Peabody LLP.