New Jersey

  • May 27, 2015

    Wal-Mart, Tracy Morgan Settle Civil Suit Over Fatal Crash

    Wal-Mart Stores Inc. on Wednesday said it had settled Tracy Morgan’s New Jersey federal suit over a crash, allegedly caused by a Wal-Mart truck driver, that left one man dead and critically injured others, including the comedian.

  • May 27, 2015

    Day Pitney Guides $207M Purchase of CNLBancshares

    New Jersey-based Valley National Bancorp has bought Florida-based CNLBancshares Inc. for $207 million in a tax-free transaction guided by Day Pitney LLP, the companies said Wednesday.

  • May 27, 2015

    PSE&G, Contractor Sued Over Deadly NJ Explosion

    A New Jersey couple has sued Public Service Electric and Gas Co. and a utility maintenance contractor over a gas leak that allegedly led to a deadly explosion last year, causing severe injuries and destroying their home. 

  • May 27, 2015

    Menendez Play For DC Trial Could Yield Friendlier Jury

    U.S. Sen. Robert Menendez's bid to move his corruption trial from New Jersey to Washington, D.C., which prosecutors bashed in a recent court filing, could be a play for a more sympathetic and politically neutral jury with less-concentrated exposure to negative pretrial publicity.

  • May 27, 2015

    AAA Again Denied Access To Privileged Port Authority Docs

    A New York federal judge on Wednesday affirmed a 2014 ruling that the Port Authority of New York and New Jersey need not produce more documents related to toll increases allegedly used to fund a World Trade Center development plan, tossing aside objections from Automobile Club of New York Inc.

  • May 27, 2015

    Hard Rock, Meadowlands Pursue Casino Near MetLife Stadium

    Hard Rock International and Meadowlands Racing & Entertainment said Wednesday they are moving forward with a proposed casino at the Meadowlands Sports Complex that could bring in nearly $500 million in tax revenue, providing a cash flow to aid struggling casinos in Atlantic City.

  • May 27, 2015

    NJ High Court Spells Out Defamation Damages Standard

    The New Jersey Supreme Court on Wednesday ruled that NuWave Investment Corp.'s defamation case against a finance industry investigator requires a new trial in which the jury is properly instructed in the various categories of damages as well as in the limited role of presumed damages.

  • May 27, 2015

    NJ Justices Won't Hear Dispute Over Generic Drug Settlement

    The New Jersey Supreme Court has declined to review KVK-Tech Inc. and Amrutham Inc.’s bid to overturn a ruling on their settlement with rival pharmaceutical company Novel Laboratories Inc. that bars them from advancing a powder-based version of the brand-name laxative Suprep.

  • May 27, 2015

    Man Forced To Help Rebel Fighters Loses Asylum Bid

    A man who was forced to carry supplies for rebel fighters in Sierra Leone after being abducted and beaten isn’t eligible for asylum in the U.S. because he helped a designated terrorist group, albeit involuntarily, the Third Circuit ruled Tuesday.

  • May 26, 2015

    Faegre Baker Advises Hormel In $775M Organic Meats Deal

    With brands like Spam, Skippy and Muscle Milk already under its belt, Hormel Foods Corp., advised by Faegre Baker Daniels, on Tuesday said it agreed to pick up Applegate Farms LLC for about $775 million in an effort to expand into the organic meats space.

  • May 26, 2015

    Bitcoin Software Co. Settles NJ's Computer Hijacking Claims

    The New Jersey Division of Consumer Affairs has settled a dispute with the developer of digital currency software that allegedly accessed computers without the owners' knowledge and used them to mine bitcoins.

  • May 26, 2015

    NJ Fights Revel's Objection To $20M Tax Credit Claim

    The New Jersey Division of Taxation on Monday urged a federal bankruptcy court to deny Revel AC Inc.’s objection to its $20 million claim, saying its request is based on a tax credit that was not properly earned and must be repaid.

  • May 26, 2015

    NJ Appeals Court Boots Pharma Ad Exec's GoDaddy Suit

    A New Jersey appeals court ruled Tuesday that an advertising executive's $10 million negligence lawsuit against GoDaddy.com LLC for allegedly mangling his relationship with client Akrimax Pharmaceuticals LLC boils down to contract claims that must be brought in Arizona.

  • May 26, 2015

    Mortgage Lender Can't Trim Successor Employer FLSA Row

    A New Jersey federal judge on Friday rejected a mortgage lender’s attempt to trim a suit alleging it’s liable for Fair Labor Standards Act violations by the company it acquired, saying state law allows for successor employers to be sued for unpaid overtime, not just unpaid minimum wage.

  • May 26, 2015

    Amtrak Says It Will Install Cameras To Monitor Engineers

    Amtrak announced Tuesday that, in the wake of the deadly derailment in Philadelphia earlier this month, it plans to install inward-facing video cameras to monitor the performance of engineers in its fleet of locomotives servicing the heavily-trafficked Northeast Corridor by the end of the year.

  • May 26, 2015

    Atty Gets 18 Months For Stock Manipulation Scheme

    A microcap securities attorney received an 18-month prison sentence in New Jersey on Tuesday for conspiring to puff up the stock of social media and energy companies to reap illicit profits, including one alleged scheme in which two Canadian stock promoters also face criminal charges.

  • May 26, 2015

    NJ Health Care Atty Admits Stealing $2.6M From Ex-Employer

    The former in-house counsel of an Ocean County, New Jersey-based home health care company admitted in federal court Tuesday to using his attorney trust account to steal more than $2.6 million from his employer, the U.S. Department of Justice announced.

  • May 26, 2015

    Supreme Court Passes On NJ Developer's $60M Taking Suit

    The U.S. Supreme Court declined Tuesday to review a New Jersey ruling that purportedly denied a real estate developer due process and $60 million in compensation for the taking of its land by a municipal government.

  • May 26, 2015

    Stockton U Says Showboat Buy Was A Raw Deal

    New Jersey's Stockton University on Tuesday announced a $22 million proof of claim filed in the Chapter 11 case of Caesars Entertainment Operating Co. over the university's purchase of the now-defunct Showboat Atlantic City casino property, saying an unresolved land use-restricting pact spiked its plans for a new branch.

  • May 26, 2015

    High Court Won't Hear FirstEnergy $250M Rate Hike Appeal

    The U.S. Supreme Court, in an order published Tuesday, denied two FirstEnergy Corp. subsidiaries review of their suit against a Pennsylvania regulator they accused of usurping federal authority after blocking them from billing customers to recoup $250 million in lost electricity.

Expert Analysis

  • And Now A Word From The Panel: The MDL Lexicon

    Alan E. Rothman

    As the Judicial Panel on Multidistrict Litigation heads to Minneapolis, Minnesota — currently home to 10 MDL proceedings — for its post-Memorial Day hearing, this month’s column recaps the March session and explores the “MDL Lexicon,” says Alan Rothman of Kaye Scholer LLP.

  • Sign Of Courts' Growing Impatience With Procedural Errors

    Bruce P. Merenstein

    The Third Circuit decision in Lehman Brothers Holdings Inc. v. Gateway Funding Diversified Mortgage Services LP — and some strong words from the court in its opinion — have raised concerns that the court may be becoming more rigid in its application of procedural rules, and signals that federal appellate courts may be losing patience with procedural errors, say Carl Solano and Bruce Merenstein of Schnader Harrison Segal & Lewis LLP.

  • The NJ High Court Case That Could Recast NJ Insurance Law

    William F. Stewart

    Although the New Jersey Supreme Court made no new law on substantive coverage issues in Occhifinto v. Olivo Construction Co., a colorable argument can be made that Occhifinto is the most important New Jersey insurance case in more than a decade. The court’s procedural holdings are likely to impact if, how, when, by whom and where, coverage cases are litigated, says William Stewart of Stewart Bernsteil Rebar Smith.

  • NJ Court Fails To Clarify Payroll Account Levy Rules

    Nicholas M. Gaunce

    The New Jersey state appeals court in The Pitney Bowes Bank Inc. v. ABC Caging Fulfillment seemingly set a bright-line test balancing the rights of judgment creditors and employees when it comes to monies in a levied “payroll” bank account. Where Pitney Bowes falls short, however, is in describing what proofs a business debtor must utilize to establish what amounts are owed to employees, says Nicholas Gaunce of Eckert Seamans Cheri... (continued)

  • Physician Anti-Solicitation Clauses: A Case Study

    Joseph M. Gorrell

    Public interest demands that when physicians leave a medical practice and are subject to an anti-solicitation clause patients remain informed of their physician’s new location and contact information. Irrespective of the financial interest of the physicians involved, the patient’s right to be cared for by the physician of his or her choice and continuity of care demand nothing less, says Joseph Gorrell of Brach Eichler LLC.

  • OPINION: Pro Bono Lawyers Can Close Debtors' Prisons

    Lisa W. Borden

    The damning U.S. Department of Justice report on municipal court practices in Ferguson, Missouri, recently put a spotlight on the re-emergence of debtors' prisons. These practices are by no means limited to Ferguson. As tax revenue and other sources of operating income have declined, many cities and towns throughout the country have looked to municipal court operations as a primary source of revenue, says Lisa Borden of the Associa... (continued)

  • 3rd Circ. Offers A Defense In Data Breach Class Actions

    Nicholas Ranjan

    A growing body of case law in the Third Circuit on Article III standing over data breach litigation offers a simple lesson: Companies that find themselves as defendants in data breach class actions should determine whether plaintiffs have alleged any injuries in fact and, if not, move to dismiss the litigation at the outset, say Nicholas Ranjan and Syed Ali of K&L Gates LLP.

  • Killing A Mocking Burd And Other NJ Duty To Defend Issues

    Michael D. Lichtenstein

    Since the Supreme Court of New Jersey’s 1970 decision in Burd v. Sussex Mutual Insurance Co., insurers have steadily eroded their duty to defend obligation under commercial general liability policies to a far less valuable duty to reimburse. Until this issue gets back to the New Jersey Supreme Court, Burd will remain an albatross around the collective necks of New Jersey insureds, say Michael Lichtenstein and Craig Dashiell of Lowe... (continued)

  • What’s Next After Williams-Yulee?

    Matthew Menendez

    By recognizing in Williams-Yulee v. Florida Bar the vital state interest in judicial integrity, and that “precedents applying the First Amendment to political elections have little bearing” on judicial elections, the U.S. Supreme Court may be signaling that states may take additional steps to regulate judicial elections differently, says Matthew Menendez, counsel in the Fair Courts Project at the Brennan Center for Justice at NYU School of Law.

  • OPINION: The Finality Of A Final Removal Order

    Judge Mahlon F. Hanson

    It is particularly egregious for the U.S. Department of Homeland Security to empower midlevel bureaucrats with limited experience administering the provisions of the Immigration and Nationality Act to adjudicate in rubber stamp fashion deferred action applications based solely on departmental eligibility guidelines that nullify the orders of immigration judges, say Judges Mahlon Hanson and Elizabeth Hacker of the Immigration Reform Law Institute.