New Jersey

  • January 28, 2015

    Trump Resorts Gets OK To Solicit Creditors, $20M Icahn Loan

    A Delaware bankruptcy judge said Wednesday that he would approve both Trump Entertainment Resorts Inc.'s Chapter 11 plan disclosure statement and $20 million in debtor-in-possession financing from lender companies controlled by Carl Icahn, but cautioned the debtor may have a “tough time” when the case is up for confirmation.

  • January 28, 2015

    Policy Reformation OK'd In Wyndham Crash Coverage Row

    A New Jersey federal judge presiding over Wyndham Worldwide Corp.'s dispute with Illinois National Insurance Co. over coverage for a deadly plane crash agreed with the insurer Tuesday that the relevant policy can be reformed to exclude coverage for liability stemming from Wyndham's use of nonowned aircraft under certain circumstances.

  • January 28, 2015

    CVS To Pay $500K For Selling Warmed Meds In NJ

    CVS Pharmacy Inc. will pay $500,000 in civil penalties over the sale of medications and other products that were exposed to elevated temperatures at two New Jersey locations, acting Attorney General John J. Hoffman said Wednesday.

  • January 28, 2015

    3rd Circ. Shuts Down IDT Suit Over $42.5M Winstar Deal

    The Third Circuit on Wednesday rebuffed IDT Corp. and Winstar Holdings LLC’s bid to revive their lawsuit alleging The Blackstone Group LP and other financial firms misrepresented the value of bankrupt Winstar Communications Inc. before its $42.5 million sale, ruling the suit was time-barred.

  • January 28, 2015

    Giants Accused Of Playing Forum Games In Memorabilia Suit

    A memorabilia dealer accusing the New York Giants of scapegoating him to hide the distribution of bogus collectibles told the Third Circuit on Monday he should be awarded attorneys' fees because the team had removed the case to federal court in order to delay the suit and stop him from obtaining discovery.

  • January 28, 2015

    Revel Casino Wins $400M Tax Assessment Reduction

    The former Revel Casino has reached a settlement with Atlantic City that will see its 2015 property tax assessment reduced from $625 million to just $225 million, according to documents filed with the bankruptcy court Wednesday.

  • January 28, 2015

    NJ High Court Set To Tackle Consumer Arbitration Question

    Enrollees with the Sanford Brown Institute have won the New Jersey Supreme Court's review of whether they are contract-bound to arbitrate consumer fraud and other claims against the career training provider.

  • January 28, 2015

    NJ High Court To Mull Bias Award For Ex-Wentworth Execs

    The New Jersey Supreme Court will hear Wentworth Group's ongoing efforts to shake what was a $2.5 million jury verdict for racial discrimination over the firing of two executives, with the court now seemingly poised to consider whether a judge wrongly declined to slash damages for emotional distress.

  • January 27, 2015

    Investors Want OK For $2M Deal In Suit Against Chinese Co.

    A proposed class of investors asked a New Jersey federal court to preliminarily approve the class and a $2 million settlement with Universal Travel Group, a Chinese company accused of securities fraud, arguing that because China does not enforce U.S. judgments, the settlement is the best chance of investors getting any money back at all.

  • January 27, 2015

    Atlantic City Emergency Fix Bad For NJ Cities, Moody's Says

    New Jersey Gov. Chris Christie’s surprise appointment of an emergency management team to oversee Atlantic City’s finances is a credit negative not only for the reeling resort city but all of the state’s cash-strapped municipalities, a ratings agency said Tuesday.

  • January 27, 2015

    Investment Firms Sue Merck Over Misleading Vioxx Claims

    Kuwait’s sovereign investment fund and a pair of investment management firms sued Merck & Co. Inc. in New Jersey federal court Friday, accusing the company of misleading investors over now-withdrawn arthritis treatment Vioxx, after the plaintiffs previously dropped out of a related multidistrict litigation.

  • January 27, 2015

    NJ High Court Prevents Rush To Courthouse On Spill Suits

    The New Jersey Supreme Court's rejection of a six-year window for private contribution actions over contaminated sites should foster negotiations before litigation erupts and promote site cleanups by closing an escape hatch for alleged polluters who may owe a share of the costs, attorneys say.

  • January 27, 2015

    Boehringer, Amneal Strike Deal To End Aggrenox Patent Row

    Boehringer Ingelheim Pharmaceuticals Inc. on Monday agreed to dismiss its New Jersey federal suit accusing Amneal Pharmaceuticals LLC of patent infringement over its generic version of stroke-prevention drug Aggrenox, saying they have reached a licensing deal.

  • January 27, 2015

    EEOC Says MacLean Bolsters Bid To Revive Allstate Suit

    The U.S. Equal Employment Opportunity Commission has told the Third Circuit that the U.S. Supreme Court's MacLean ruling bolsters its bid to revive a lawsuit targeting Allstate Insurance Co. over a release imposed on employees whom it was shifting to independent contractor status.

  • January 27, 2015

    NJ Settles Dispute Over Zoning Law That Blocked Mosque

    A New Jersey town has settled a federal lawsuit over an allegedly discriminatory zoning law that Muslim plaintiffs say blocked their plans for a mosque for $7.75 million, agreeing to allow the Al Falah Center to build at an alternative Bridgewater Township site.

  • January 27, 2015

    Debt Collector Takes NJ Arbitration Ruling To High Court

    Consumer debt management firm U.S. Legal Services Group LP has urged the U.S. Supreme Court to revisit a New Jersey Supreme Court decision that arbitration agreements are not enforceable unless they have express waiver language, arguing the Federal Arbitration Act should trump state law.

  • January 26, 2015

    3rd Circ. OKs Sanctions In Telecom Exec.'s Bankruptcy

    The Third Circuit on Monday reinstated sanctions against counsel the former chief of a defunct telecommunications firm over the filing of an adversarial complaint in the executive's messy bankruptcy, saying the complaint was filed in bad faith and increased costs of the proceedings.

  • January 26, 2015

    Downey Financial Gets $370M Refund In FDIC Fight: 3rd Circ.

    A Third Circuit panel upheld a decision in favor of Downey Financial Corp.'s Chapter 7 trustee on Monday in a $370 million tax refund dispute with the Federal Deposit Insurance Corp., finding a tax sharing agreement with Downey’s subsidiaries ensured the funds are part of its bankruptcy estate.

  • January 26, 2015

    NJ Court Backs BofA Over Loan Modification Refusal

    New Jersey appellate judges on Friday upheld a summary judgment ruling allowing Bank of America to deny a mortgage modification to a couple who claimed they had a contractual right to modified terms, ruling that the homeowners' repeated lapses in payments breached their contract.

  • January 26, 2015

    NJ High Court Rejects Limitations Period For Spill Suits

    A general six-year statute of limitations in New Jersey doesn't cover private contribution actions under the state's Spill Compensation and Control Act, the state Supreme Court ruled Monday in a closely watched case among the state's environmental community.

Expert Analysis

  • NJ High Court Lays Down The Law On Spill Suit Limits

    Richard F. Ricci

    The New Jersey Supreme Court's recent holding in Morristown Associates v. Grant Oil Company that no limitations period applies to claims for contribution under the state’s Spill Compensation and Control Act allows litigants to approach the issue with certainty — even federal courts are now bound by this interpretation, say Richard Ricci and Sean Collier of Lowenstein Sandler LLP.

  • And Now A Word From The Panel: 2014 JPML Practice Trends

    Alan E. Rothman

    At its December session, the Judicial Panel on Multidistrict Litigation considered the second attempt by a distributor of dietary supplements to create an MDL proceeding, raising the prospect of the first Hawaii MDL proceeding in nearly 20 years. But as we gear up for the panel hearing on Thursday, let's also consider how JPML trends of 2014 compare with prior years, says Alan Rothman of Kaye Scholer LLP.

  • An Early Test Of Antitrust Ramifications Of FDA's REMS

    Dionne Lomax

    A New Jersey federal court's recent decision in Mylan Pharmaceuticals Inc. v. Celgene Corp. is noteworthy because it is one of the few cases to address potential liability under Section 2 in connection with U.S. Food and Drug Administration-required risk evaluation and mitigation strategies programs and is likely to be instructive as litigation in this area unfolds, say Dionne Lomax and Timothy Slattery of Mintz Levin Cohn Ferris G... (continued)

  • NJ Independent Contractor Ruling Favors Employees

    Mark E. Tabakman

    Unemployment cases involving independent contractor determinations have shown that the ABC test is one of the toughest for employers trying to prove the absence of an employer-employee relationship. Accordingly, the New Jersey Supreme Court's recent decision in Hargrove v. Sleepy's LLC has decidedly and emphatically increased the coverage and protection of New Jersey wage and hour laws in favor of employees, says Mark Tabakman of F... (continued)

  • A Data Security Checklist For Companies Hiring Law Firms

    Jenn Topper

    We trust our law firms with huge amounts of data, whether in or out of discovery, investigations or litigation. All too often, we have relied on privilege, confidentiality and attorney ethics as a proxy for data protection and information security. But in fact, law firms ought to be held to a much more stringent standard — and in-house counsel would be wise to begin with a number of specific inquiries, says legal industry consultan... (continued)

  • Can Consumers Waive Right To Revoke Consent Under TCPA?

    Amy Pierce

    Most authorities and courts agree that, under the Telephone Consumer Protection Act, consumers have the right to revoke previously given consent to be called using an autodialer or prerecorded message. More recently, however, courts have been asked to decide whether a consumer is permitted to revoke this consent where it was previously given as part of an independent contractual arrangement, say attorneys with Pillsbury Winthrop Shaw Pittman LLP.

  • Assessing The State Of Charitable Immunity In NJ

    Michael A. Spero

    While the New Jersey Charitable Immunity Act has withstood constitutional challenges, it is still incumbent upon an organization to demonstrate that it satisfies the requirements of the statute. Frequently, a motion for summary judgment will dispose of a plaintiff’s claim in advance of trial, says Michael Spero of Eckert Seamans Cherin & Mellott LLC.

  • Confusion Persists Over Medical Marijuana Enforcement

    Daniel J. Hurteau

    While the recently enacted omnibus spending bill allows for state implementation of existing medical marijuana laws, it appears to largely be a symbolic victory for the medical marijuana industry. The ambiguity inherent in the spending bill raises more questions than it answers and may not completely divert the U.S. Department of Justice's attention away from medical marijuana, say attorneys at Nixon Peabody LLP.

  • 6 Ways Technology Hobbles Attorney Efforts To Recruit Clients

    Howard Breuer

    While empowering attorneys to blog, host sophisticated websites and share news via social media, technology has also brought new challenges. There are six key areas where technology — or the discord between technology and state rules on attorney advertising — has created client-recruitment problems that lawyers didn’t have a decade ago, says Howard Breuer of legal industry consulting firm ONE400.

  • Fracking Bans May Trigger Civil Authority Coverage After All

    Walter J. Andrews

    A recent Law360 guest article suggests a number of reasons why civil authority coverage will not be implicated by local fracking bans. The article does not, however, fully address three important issues that will impact the question of whether civil authority coverage is, in fact, triggered, say attorneys with Hunton & Williams LLP.