New Jersey

  • May 5, 2016

    Retailers Must Remit All Tax Shown On Invoice, NJ Court Says

    The New Jersey Tax Court on Thursday said a car dealership that printed customer invoices that overstated the amount of sales tax owed for discounted services is obligated by law to remit to the state the entire amount of taxes shown on the receipt.

  • May 5, 2016

    NJ Court Upholds Atty DQ For Flouting Discovery Order

    A New Jersey appeals court on Thursday upheld the disqualification of an attorney from representing a client suing a Nissan car dealership for fraud and breach of contract, finding the lawyer clearly violated a discovery confidentiality agreement by using certain materials to file a separate class action against the same dealer.

  • May 5, 2016

    3rd Circ. Uphold's EFH's $4B Ch. 11 Deal With Noteholders

    The Third Circuit upheld Wednesday a Delaware bankruptcy court decision that allowed Energy Future Holdings Corp. to refinance $4 billion in first-lien note debt through a tender offer, a method the indenture trustee for a faction of the notes contended ran counter to Chapter 11 rules.

  • May 5, 2016

    Firms Stand To Gain From Spread Of Uniform Bar Exam

    New Jersey’s recent adoption of the uniform bar exam could pressure Pennsylvania to join a growing number of states that have made it easier for attorneys to practice across their borders, potentially supplying law firms with a deeper pool of talent for hiring new associates.

  • May 4, 2016

    Vanguard Dodges Gambling Co. Investments Suit In 3rd Circ.

    The Third Circuit refused Wednesday to revive claims in a shareholders' derivative action alleging that Vanguard Group Inc. mutual funds suffered millions of dollars of losses as a result of the company's investment in illegal online gambling operations.

  • May 4, 2016

    Suit Alleging Gov't Conspiracy To Seize NJ Landfill Thrown Out

    A New Jersey federal judge on Wednesday dealt another blow to a landfill owner recently indicted on charges of lying to a state environmental regulator about plans for the site, signing off on two dismissal motions in litigation accusing the agency and others of illegally conspiring to seize the property.

  • May 4, 2016

    Divide On Atlantic City Bailout Plan Widens On Eve Of Vote

    The road to saving Atlantic City’s finances hit a bump on Wednesday when New Jersey Assembly Speaker Vincent Prieto, D-Hudson/Bergen, announced that the chamber wasn’t going to consider a Senate bill calling for a state takeover, which is the only plan Republican Gov. Chris Christie said he’d endorse to fix the resort town.

  • May 4, 2016

    Pershing Sued Again Over $7.2B Stanford Ponzi Scheme

    Pershing LLC was hit in New Jersey federal court Tuesday with another putative class action from victims of convicted fraudster Robert Allen Stanford’s $7 billion Ponzi scheme who say the clearing firm facilitated and profited from Stanford’s bilking of thousands of investors.

  • May 4, 2016

    NJ Court Says Hospital Injury Reports Barred In Med Mal Suits

    The New Jersey Appellate Division ruled Wednesday that a hospital report documenting the cause of a patient’s fatal fall from a bed can’t be compelled in his widow’s medical malpractice lawsuit because the information is privileged under the state’s patient safety law.

  • May 4, 2016

    Justices Needn't Eye Reinstated Deportation Order, US Says

    The federal government has asked the Supreme Court to deny a petition from an Ecuadorean man who was ordered deported after illegally re-entering the U.S. and argues his deportation order should not have been reinstated, saying the Third Circuit correctly found that the reinstatement provision in question applied.

  • May 4, 2016

    3rd Circ. Nixes Le-Nature's Exec's Appeal Of 15-Year Sentence

    The Third Circuit on Wednesday refused to vacate the 15-year prison term handed down to a onetime executive at defunct soft drink company Le-Nature’s Inc. for orchestrating a $660 million swindle of banks and investors, saying an appeal had already been lodged and rejected.

  • May 4, 2016

    SEC, NJ Accuse Duo Of Duping Investors In Tech Startup

    The U.S. Securities and Exchange Commission sued a pair of unregistered brokers on Wednesday for their alleged scheme to pocket millions of investor dollars raised for stock in a technology startup, the same day the New Jersey Bureau of Securities ordered civil penalties and the state's U.S Attorney's Office filed related criminal charges.

  • May 4, 2016

    3rd. Circ Says Military Tax Shield Doesn't Cover Businesses

    The Third Circuit said in a case of first impression Wednesday that a federal law that limits the interest and penalties on a member of the military for overdue property taxes does not extend to a soldier’s business, as it does not qualify as a "service member” under the law.

  • May 4, 2016

    Member Of $5M ATM-Skimming Scheme Gets 7-Plus Years

    A high-level member of an extensive ATM-skimming scheme that stole more than $5 million from ATM users was sentenced to more than seven years in prison on Tuesday, about two months after a New Jersey jury found him guilty.

  • May 4, 2016

    3rd Circ. Rejects Lovenox Antitrust Suit Against Sanofi

    The Third Circuit on Wednesday rejected pharmaceutical manufacturer Eisai’s bid to reinstate an antitrust lawsuit against Sanofi over discount contracts with hospitals that purchased large amounts of anti-coagulant drug Lovenox, saying in a published opinion that antitrust laws are intended to protect competition, not competitors.

  • May 4, 2016

    FERC Says Suit Challenging Pipeline Powers Has No Legs

    The Federal Energy Regulatory Commission on Tuesday urged a Washington, D.C., federal judge to nix an environmental group's suit claiming that its pipeline approval process is unconstitutional, saying that the group has no standing to make such a claim and is attempting to circumvent FERC's review of a proposed $1.6 billion pipeline.

  • May 3, 2016

    NJ Co. Monopolizes Online Tax Lien Sales, Report Says

    Irregularities surrounding New Jersey’s online tax lien bidding system have allowed one private vendor and its partner to monopolize the lucrative auctions, according to a state report Tuesday that recommended a series of statutory and administrative reforms to the system.

  • May 3, 2016

    3rd Circ. Blocks Pa. Bankruptcy Related To Failed Fla. Case

    The Third Circuit on Tuesday ruled that an involuntary bankruptcy action brought against guarantor entities affiliated with a Pennsylvania-based diagnostic imaging company was properly barred by a bankruptcy court since the petitioner lacks standing and already lost a nearly identical case in Florida.

  • May 3, 2016

    Ex-Willkie Atty Wants Cellphone Evidence Axed Before Trial

    Evidence pulled from a cellphone that federal agents took while arresting a former Willkie Farr & Gallagher LLP and Hunton & Williams LLP partner should be suppressed before a fraud trial, because the seizure violated her Fourth Amendment rights, her lawyer has told a New Jersey federal judge.

  • May 3, 2016

    3rd Circ. Rejects Suit Assailing NJ AG Use Of Insurer Probes

    The Third Circuit on Tuesday tossed a suit brought by a doctor claiming he was unlawfully targeted by criminal investigations conducted by Allstate and other insurance companies that were outsourced by the New Jersey Attorney General, saying the doctor lacked standing.

Expert Analysis

  • Don't 'Poke' The Bear: Using Social Media To Investigate

    Charles F. Kellett

    Social media can be confusing to many attorneys, some of whom are unfamiliar with the various websites and applications that can prove to be a bountiful resource for investigating claims. The case of Robertelli v. the New Jersey Office of Attorney Ethics highlights the potential ethical dilemmas attorneys can encounter in the social media age, says Charles Kellett of Kaufman Dolowich & Voluck LLP.

  • Your Online Insurance Sales Can Land You In Court

    Robert D. Helfand

    Like it or not, insurers now need to market and sell consumer products online, but two recent cases show that the legal framework for those activities is still being assembled and as insurers increasingly enter the electronic marketplace, they will find that courts already have ample resources to sustain lawsuits over online practices, says Robert Helfand at Carlton Fields.

  • High Court's Free Speech Ruling Bolsters Employee Rights

    Zachary Cantor

    Following the U.S. Supreme Court's recent ruling in Heffernan v. City of Paterson, it is now clear that the definition of protected speech for employees has been expanded. The decision squarely shifts the onus to employers to prove their policies and procedures are not intended to chill protected discourse, says Zachary Cantor, a principal at Cantor Law.

  • Gig Economy: Settlements Leave Labor Issues Unsettled

    Miriam A. Cherry

    Perhaps what the recent $100 million Uber settlement shows us, more than anything, is the weakness of regulating labor standards through the method of private attorneys bringing class actions. But more important than these legal maneuvers is the issue of work changing in response to technological restructuring, says Miriam Cherry, a professor at Saint Louis University School of Law.

  • What Is Your Squirm Factor?

    Ross Laguzza

    The fact that jurors are a captive audience doesn’t mean they are any more invested in your presentation than people who walk out of a boring movie. Jurors can’t physically leave, but they can and do mentally check out. If you are a trial lawyer, you should think about whether your squirm factor is high, moderate or low — and what, if necessary, you can do to change it, says Dr. Ross Laguzza of R&D Strategic Solutions.

  • Employee Safety: When A 'Reasonable Response' Isn’t Enough

    Melody L. Rayl

    What happens when, following a criminal incident, an employer's attempt to beef up on-premise workplace security fails to prevent another occurrence? As one recent Missouri case demonstrates, such measures can ultimately put an organization at greater risk and employers can find themselves on the receiving end of a lawsuit they never saw coming, says Melody Rayl at Fisher & Phillips LLP.

  • Gig Economy: Are Your Workers Employees? The 6-Part Test

    Rachel Bien

    Unfortunately, many sharing economy companies have tried to have it both ways — benefiting from the cost savings of calling workers independent contractors while at the same time treating them as employees in most other respects. Guidance from the U.S. Department of Labor suggests that many of these companies have misclassified their workers as independent contractors, say Rachel Bien and Cara Chomski of Outten & Golden LLP.

  • Gig Economy: The Case For Local Regulation Of Ride Apps

    Peter M. Mazer

    “The operation of taxicabs is a local business,” declared the U.S. Supreme Court more than 60 years ago. Hence, standards for on-demand transportation exist at the local or state level to adapt to local needs and the regulatory and political climate of the locality. The onset of ride-sharing has significantly altered this dynamic, says Peter Mazer, general counsel of the Metropolitan Taxicab Board of Trade in New York.

  • Gig Economy: Changes We Need And Changes We Don't Need

    Joseph V. Kennedy

    Many public officials believe that the sharing economy poses novel dangers that require new government powers. This approach is mistaken. Existing regulations give regulators all the authority they need. In some cases, however, existing law needs to be updated — especially labor law, says Joseph Kennedy, a senior fellow with the Information Technology and Innovation Foundation and former chief economist for the U.S. Department of Commerce.

  • Laying The Groundwork For Automotive E-Titles

    Jason S. McCarter

    If implemented as written, the National Highway Traffic Safety Administration's proposed rules for electronic odometer disclosures will affect dealers, lenders, distributors and auction companies as well as ordinary consumers. While the changes are expected to result in cost savings for most they may also cause short-term uncertainty and security concerns, say Jason McCarter and Hannah Winiarski at Sutherland Asbill & Brennan LLP.