New Jersey

  • March 26, 2015

    NJ Assembly Approves Bills Responding To Exxon Settlement

    The New Jersey Assembly on Thursday approved two measures related to the state's controversial $225 million settlement with Exxon Mobil Corp. over refinery pollution, calling for an extension to the public notice period and a requirement that half the settlement amount be allocated to restoration and cleanup.

  • March 26, 2015

    Sandy Plaintiffs Get Boost From PSEG Insurance Ruling

    A ruling that insurance policy limits on flooding don't apply to more than $500 million in Hurricane Sandy damages suffered by Public Service Enterprise Group Inc. could aid the legal arguments of other insureds seeking bigger recoveries and lessen the storm's impact on ratepayers, experts say.

  • March 26, 2015

    Atlantic City Job Recovery Bill Approved By NJ Assembly

    The New Jersey General Assembly passed a bill Thursday that would create an Urban Enterprise Zone in Atlantic City for the next 10 years, permitting businesses other than casinos to offer a reduced sales tax to encourage business growth and help stimulate the city's struggling economy.

  • March 26, 2015

    3rd Circ. Nixes Post-Sandy Debris Removal Claim Under SFIP

    The Third Circuit on Thursday concluded that "insured property" as it appears in a Standard Flood Insurance Policy doesn't include land, affirming that an SFIP issued to two homeowners doesn’t cover the cost of removing debris they didn't own that was deposited on their land during Hurricane Sandy.

  • March 26, 2015

    Pizza Chain Escapes NJ Highway Authority's Trademark Suit

    A New Jersey federal judge said Thursday he doesn't have jurisdiction to hear a strange trademark suit between the state's highway authority and a small Florida pizza chain, rejecting the claim that a truck full of aid sent north during Hurricane Sandy does the trick.

  • March 26, 2015

    Omnicare Bolsters Case Against Ex-Merck VP, Investors Say

    Shareholders accusing Merck & Co. Inc.'s former vice president of lying about the study results on Vioxx's heart attack link told a New Jersey federal court Wednesday that the U.S. Supreme Court's recent Omnicare ruling "vindicates" their case theory and directly rejects the executive's summary judgment argument.

  • March 26, 2015

    Moody's Says Default Still Possible For Atlantic City

    In light of a recent state-sponsored report outlining Atlantic City, New Jersey's troubled financial condition, credit rating agency Moody's Investor Services Inc. issued comments Wednesday saying it believes the proposals made for recovery are credit negative because they leave open the possibility of a default.

  • March 25, 2015

    NY Harbor Union Suit Should Stay Dead, 3rd Circ. Hears

    The Waterfront Commission of New York Harbor has urged the Third Circuit to uphold a lower court ruling finding the commission did not interfere with unions’ collective bargaining when it changed the hiring process for certain workers, saying the lower court properly upheld the commission’s authority to regulate labor.

  • March 25, 2015

    NJ Medical Centers Dodge Charity Hospital's Antitrust Suit

    A federal judge in New Jersey dismissed an antitrust suit brought by charity hospital Deborah Heart and Lung Center against two other medical centers, ruling Deborah failed to prove allegations the defendants tried to edge the hospital out of the market for cardiac patients.

  • March 25, 2015

    Christie Takes Heat For Backing States’ Immigration Suit

    New Jersey Gov. Chris Christie was criticized by immigrant rights supporters Wednesday who said he betrayed them by quietly signing onto an amicus brief with three other state governors urging the Fifth Circuit to uphold an injunction against President Barack Obama’s recent executive actions on immigration.

  • March 25, 2015

    Marina’s Attys Won't Have To Nix Insurance Judgment For Now

    A New Jersey federal judge on Tuesday refused to order attorneys from the Voss Law Firm PC and Harbatkin & Levasseur PA, who are accused of filing wind damage litigation for a marina without its authorization, to have a judgment against the marina removed because the request wasn't properly made.

  • March 25, 2015

    NJ Rep. Presses For Info On Previous Pollution Suits

    A New Jersey assemblyman critical of the state’s disputed $225 million settlement with ExxonMobil Corp. on Wednesday asked the state's attorney general and Department of Environmental Protection commissioner to provide him a list of all complaints filed by the state since 2004 seeking recovery of natural resource damages.

  • March 25, 2015

    NJ Atty Gets 10 Years For Ripping Off Elderly Clients

    A once-prominent New Jersey attorney who bilked elderly clients for millions of dollars and laundered the money through her attorney trust account and other ledgers was sentenced to 10 years in state prison on Wednesday, Acting Attorney General John J. Hoffman said.

  • March 25, 2015

    Home Depot Denies Employer Status In Wage Class Suit

    Home Depot USA Inc. has fired back in a putative class action in New Jersey state court accusing the home improvement giant of failing to pay cleaning workers proper wages, contending that it hasn't employed the would-be class members in the litigation.

  • March 25, 2015

    NJ High Court Revives Coverage Row In Sex Assault Case

    The New Jersey Supreme Court on Wednesday reversed a decision freeing a school board from covering the civil defense costs of a former security guard who faced sexual abuse allegations, though the court stopped short of finding that the employee has a right to indemnification.

  • March 24, 2015

    NJ Judge Shoots Down Lucchese Fraudster's Recusal Request

    A New Jersey federal judge on Tuesday refused to recuse himself from sentencing a reputed associate of the Lucchese crime family convicted in the $12 million looting of a mortgage lender, rejecting claims that his comments in another case gave the appearance of partiality.

  • March 24, 2015

    Atlantic City Manager Rules Out Bankruptcy For $101M Deficit

    An emergency manager for Atlantic City, New Jersey — which is facing a $101 million budget deficit because of its shrunken tax base — floated $129 million in potential cuts, revenue increases and delayed payments as part of an interim report Tuesday that doesn't mention bankruptcy.

  • March 24, 2015

    NJ Condos Say FEMA Owes Coverage For Sandy Damage

    A New Jersey condominium association Monday accused the U.S. Federal Emergency Management Agency in New Jersey federal court of breaching its contract when it declined to pay flood insurance benefits in connection with damage purportedly caused by Superstorm Sandy.

  • March 24, 2015

    Wind Farm Developer Asks NJ Court To Reverse State's Denial

    The New Jersey Board of Public Utilities has abused its discretion and flouted statutory standards in denying ratepayer subsidies for what would be the state's first offshore wind farm, the project's developer argued before an appellate court on Tuesday.

  • March 24, 2015

    3rd Circ. Won't Rehear Relator's FCA Suit Over Drug Costs

    The Third Circuit declined Monday to rehear en banc a whistleblower's case accusing Express Scripts Inc. and various pharmacies, retailers and drug wholesalers of violating the False Claims Act by overbilling the federal government for prescription drugs.

Expert Analysis

  • 3rd Circ. Keeps Open Possible Fracking Carveout Challenge

    Emily B. Thomas

    Despite the decision in Rodriguez v. Secretary of the Department of Environmental Protection, the Third Circuit’s ruling was very narrow and leaves a door open for future challenges to state trade secret protections for hydraulic fracturing companies when it comes to medical care carveouts, says Emily Thomas of Baker & Hostetler LLP.

  • Can Employers Record Employee Phone Conversations?

    James M. McCabe

    Although no court has fully addressed the lawfulness of employers using voice over Internet protocol services to record all employee phone calls under federal and state laws, courts will likely apply the same framework used to examine the lawfulness of traditional telephone recordings, says James McCabe of Troutman Sanders LLP.

  • And Now A Word From The Panel: Just Say No (To MDLs)?

    Alan E. Rothman

    What will spring bring for the Judicial Panel on Multidistrict Litigation? Will it continue to close the door on new MDL proceedings? Will it decide to throw the baby out with the bathwater and decline to create a baby wipe MDL? asks Alan Rothman of Kaye Scholer LLP.

  • This Week In Congress: Bicameral Coincidence, Vote-A-Rama

    Richard A. Hertling

    This week both chambers begin the annual congressional budget debate, a process that will set the budget rules and spending limits for the congressional appropriations committees in funding federal agencies for fiscal year 2016. And on Thursday, the Senate will begin its famed “Vote-a-rama,” say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • NJ Supreme Court Clarifies Expert Testimony Rule

    Timothy Freeman

    Practitioners should take note of the New Jersey Supreme Court's recent decision in Townsend v. Pierre when seeking to exclude expert testimony that is based on factual scenarios that have no support in the record, says Timothy Freeman of Sedgwick LLP.

  • Looking At Appraisal Rights Outside Delaware

    Daniel E. Wolf

    Even as the Delaware appraisal rights landscape continues to evolve, deal makers should avoid assuming that the issues and outcomes will be the same in transactions involving companies incorporated in other states. The relevant statutory regime, as well as the judicial fair-value exercise, may produce unexpected results, say attorneys with Kirkland & Ellis LLP.

  • An Ongoing Tax Refund Saga For Bank Holding Companies

    Andrew I. Silfen

    The Third Circuit recently waded into the ongoing debate over the ownership of tax refunds generated by a failed bank in FDIC receivership but paid to a failed bank holding company due to the existence of a tax sharing agreement. The decision deepens the circuit court divide regarding this issue, which will likely need to be resolved by the U.S. Supreme Court, say Andrew Silfen and Jeffrey Rothleder of Arent Fox LLP.

  • OPINION: Not All That Is Public Should Be Publicized

    Adam C. Sherman

    Although court decisions are public records, that doesn’t mean they should be publicized by the courts on search engines, such as Google. Access alone isn’t the problem. The issue is that these decisions appear prominently atop search results — even when browsing parties are not looking for them. Courts have opened their doors, but they need not remove them entirely, says Adam Sherman of Vorys Sater Seymour and Pease LLP.

  • Anthem Aftermath: Conn. Tackles Data Security Legislation

    Sam S.F. Caligiuri

    The recent introduction of a Connecticut data encryption bill modeled in part after the New Jersey law adopted in January is likely an early indication of a legislative trend in which other states will enact legislation to improve protection of personal information and the prevention and mitigation of unauthorized data breaches exposing their residents’ personal information, say attorneys with Day Pitney LLP.

  • Up The Irish: St. Paddy’s Is For Celebrating Pro Bono, Too

    Kevin J. Curnin

    Just in time for St Patrick’s Day, Ireland has released the results of its first-ever survey on pro bono legal work. As befits a day that is mostly about celebrating, the results are encouraging. The results also mirror a lot of our experience in the United States regarding how and why — or why not — lawyers are contributing to the common good, says Kevin Curnin of the Association of Pro Bono Counsel.