New Jersey

  • November 26, 2014

    Appeal In NJ Wind Energy Project Won't Be A Breeze

    Efforts to build New Jersey's first offshore wind farm have shifted back to appellate court now that state regulators have again denied the project, but developer Fishermen's Energy LLC faces a difficult task in overcoming the deference afforded to administrative agencies and showing that the rejection was unreasonable.

  • November 26, 2014

    NLRB Pushes 3rd Circ. For OK In Canning-Prompted Rehearing

    The National Labor Relations Board pushed the Third Circuit on Tuesday to uphold unfair labor practices findings against New Vista Nursing and Rehabilitation LLC, saying the U.S. Supreme Court’s Noel Canning decision invalidating two recess appointments does not require a remand to the board.

  • November 26, 2014

    Revolving-Door Roundup: Gibson Dunn, Holland & Knight, Irell

    November was a relatively slow month for attorneys moving between the public and private sectors, with only four job-hoppers, in comparison to last month's dozen and a half. But the crop still included stars like a top lawyer for the state of New Jersey and a leading aide to New York Gov. Andrew Cuomo.​

  • November 26, 2014

    Ammonia Release Ruled 'Direct Physical Loss' Under Policy

    An ammonia release at a juice cup manufacturer's plant constitutes direct physical loss of or damage to the facility under a property insurance policy with Travelers Property Casualty Co. of America, as the discharge caused the plant to be temporarily shut down, a New Jersey federal judge ruled Tuesday.

  • November 26, 2014

    Trump Says It Needs $5M Icahn Infusion To Stay Afloat

    Trump Entertainment Resorts Inc. on Wednesday asked a New York bankruptcy judge to approve a $5 million cash infusion from Carl Icahn-controlled senior lender companies, saying that without the financing, it will run out of funds by mid-January.

  • November 26, 2014

    Urban Outfitters Seeks Revival Of Hanover Coverage Suit

    Retailers Urban Outfitters Inc. and Anthropologie Inc. have urged the Third Circuit to revive a coverage lawsuit over Hanover Insurance Group Inc.'s refusal to cover defense costs associated with class actions related to the collection of customers' ZIP codes, saying coverage exclusions were construed too broadly by the lower court.

  • November 26, 2014

    NJ Court Says Borough Approval Not Needed To Modify Dam

    New Jersey's appellate court on Wednesday cleared United Water New Jersey Inc. to modify a dam facility prone to cause flooding, ruling state law preempts the Borough of Hillsdale’s bid to apply its land use requirements to the project because the state's environmental regulator has jurisdiction.

  • November 26, 2014

    3rd Circ. Affirms Freeh's Right To Remove Libel Suit

    The Third Circuit on Tuesday confirmed that attorney and former FBI Director Louis Freeh, whose firm issued a sharply critical report on an alleged cover-up of sex abuse at Penn State University, has the right to remove a forthcoming libel suit to federal court.

  • November 26, 2014

    NJ Senate Prez Urges New Rail Tunnel To New York City

    New Jersey Senate President Stephen M. Sweeney on Wednesday called for the construction of a new rail tunnel connecting north Jersey to New York City, saying the region's transportation network could be hampered by critically needed repairs to existing tunnels.

  • November 26, 2014

    NYU Shouldn't Get Defense In 9/11 Asbestos Suits: Insurer

    New York University has been improperly receiving defense and indemnification from Hudson Insurance Co. in suits arising from injuries sustained during asbestos cleanup after the 9/11 terrorist attacks, the insurer has alleged in New Jersey federal court.

  • November 25, 2014

    Revel Appeals Order To Let AC Collect $33M In Unpaid Taxes

    Atlantic City's Revel Casino Hotel has appealed an order issued by a federal bankruptcy judge earlier this month allowing the resort city to collect about $33 million in unpaid property taxes owed by the bankrupt casino through the sale of a tax lien.

  • November 25, 2014

    NJ Court Backs Hospital Immunity In Doctor Privileges Appeal

    The New Jersey Appellate Division on Monday relied on statutory protections for hospital peer-review evaluations and decisions to back the toss of a surgeon's suit against a hospital that revoked his clinical privileges and rejected the doctor's bid for additional discovery to help prove his case.

  • November 25, 2014

    Atlantic City's $22M Tax Sale Deal With Trump Casinos OK'd

    A Delaware bankruptcy judge on Tuesday signed off on a deal between Atlantic City and Trump Entertainment Resorts Inc. to auction off tax certificates for $22 million the city claims it is owed, but allows the casino operator to appeal the amounts for the past year.

  • November 25, 2014

    3rd Circ. Won't Revive FCA Suit Against Siemens

    The Third Circuit on Tuesday affirmed a grant of summary judgment given to a Siemens AG subsidiary in the whistleblower suit accusing it of overcharging the U.S. Department of Veterans Affairs for medical devices, saying the district court did not abuse its discretion.

  • November 25, 2014

    Novartis' Painkiller Pricing Strategy Deemed Legal

    Novartis AG on Monday ducked a putative class action alleging it broke New Jersey consumer fraud laws by charging more for a migraine medicine than for another chemically identical painkiller when a federal judge ruled that, while strategic, the company’s pricing scheme wasn’t illegal.

  • November 25, 2014

    NJ City Sues State To Block Protective Dune System

    The city of Margate, New Jersey, on Monday sued the state's environmental regulator and the U.S. Army Corps of Engineers to block construction on a sand dune system designed to mitigate severe weather, one Margate said is too expensive and doesn't fit its unique needs.

  • November 25, 2014

    TGI Friday's Hit With Class Suit Over Hidden Drink Prices

    TGI Friday's Inc. has been hit with a putative class action in New Jersey claiming the restaurant chain has ripped off consumers by failing to disclose the prices of soda, beer, mixed drinks and other beverages on its menus and by charging too much for those items.

  • November 24, 2014

    Honeywell To Pay $10M To Settle NJ Chromium Suit

    Honeywell International Inc. has agreed to pay just over $10 million to settle a class action alleging property damage and health risks caused by chromium pollution in Jersey City, New Jersey, according to a Friday filing in New Jersey federal court.

  • November 24, 2014

    3rd Circ. Asked To Reconsider Drink Price Class Action

    The plaintiff in a proposed class action against Applebee's International Inc. and International House of Pancakes LLC asked the Third Circuit for an en banc hearing on allegations the restaurants misled consumers with menus absent drink prices, arguing the court's dismissal created inconsistent findings.

  • November 24, 2014

    Trump Resorts May Get DIP From Icahn In Bid To Avoid Ch. 7

    Trump Entertainment Resorts Inc. told a Delaware bankruptcy judge Monday that senior lender companies controlled by Carl Icahn have agreed to extend debtor-in-possession financing and that it has proposed to restore union workers' health benefits in an effort to keep its last casino open and avoid spiraling into Chapter 7.

Expert Analysis

  • NJ's Sick Leave Law May Be A Poison Pill For Restaurants

    Christina Stoneburner

    The main reason why New Jersey's proposed sick leave law may have more of an impact on the food service industry is how large and small employers are defined under it — a small restaurant may easily have upward of the necessary employees to qualify as a large employer simply because certain employees may only be available a few hours per week, says Christina Stoneburner of Fox Rothschild LLP.

  • States Still Fighting Bad-Faith Patent Infringement Claims

    Michael Martinez de Andino

    With 17 states having enacted legislation against bad-faith patent infringement assertions and 12 reviewing proposed legislation, states are sending a clear message that the current patent demand letter business model is insufficient to protect companies from unscrupulous patent holders, say Michael Martinez de Andino and Matthew Nigriny of Hunton & Williams LLP.

  • What If States Opt Out Of EPA's Existing Source Rule?

    Scott C. Oostdyk

    The initial legal question surrounding the Obama administration's Clean Power Plan is whether long-standing principles of federalism allow the U.S. Environmental Protection Agency to compel states to enforce a federal program like it — legal precedent establishes that the EPA cannot, say Scott Oostdyk and Duncan Getchell Jr. of McGuireWoods LLP.

  • Obama's Immigration Action Is Cause For Celebration

    Robert S. Whitehill

    Though implementation of President Obama's announced changes to U.S. immigration policy on Nov. 20 will take some time and may be slowed by legal action or accelerated by Congress enacting immigration reform, the president's executive action will give hope and relief to millions, which is cause for celebration, says Robert Whitehill of Fox Rothschild LLP.

  • 2 Assumptions Shape 3rd Circ. Reverse Payment Case

    Leslie John

    When it heard oral argument in Louisiana Wholesale Drug Co. Inc. v. SmithKline Beecham Corp. Wednesday, the Third Circuit became the first appellate court to enter the debate regarding the impact of the U.S. Supreme Court’s decision in Actavis. This case will have a significant effect on determining which patent dispute settlements should be subject to rule of reason review under Actavis, say attorneys with Ballard Spahr LLP.

  • Updating Our Understanding Of The FMLA: Part 1

    Linda Dwoskin

    The lesson from the Third Circuit's ruling in Lupyan v. Corinthian Colleges Inc. is that employers must ensure delivery of all legally required notices under the Family Medical Leave Act and retain proof of that delivery, say Linda Dwoskin and Melissa Squire of Dechert LLP.

  • Why Can’t We Be (Facebook) Friends? You Be The Judge

    Peter J. Gallagher

    Some jurisdictions prohibit judges from being social media “friends” with any lawyer who appears regularly before them, while others do not prohibit the practice unless the “friendship” also implicates one of the canons of the Code of Judicial Conduct. The latter seems to be the better approach, says Peter Gallagher of Porzio Bromberg & Newman PC.

  • Crumbs Decision Protects TM Licensees’ 365(n) IP Rights

    Norman S. Rosenbaum

    A recent District of New Jersey decision in the case of Crumbs Bake Shop Inc. is significant because it further illuminates alternative solutions for key unresolved legal questions regarding the treatment of rejected trademark licenses in bankruptcy. Crumbs also has practical implications for the sale of intellectual property portfolios in bankruptcy cases, say attorneys with Morrison & Foerster LLP.

  • What's In A Name? When 'Just Mayo' Isn't 'Mayonnaise'

    Christopher G. Van Gundy

    Unilever's false advertising lawsuit against Hampton Creek Inc.’s “Just Mayo” trademarked brand of egg-free mayo pits an established food manufacturer with beloved brands in recognized product categories against a new company seeking to redefine or create a new category and implicates important aspects of food and advertising law, including the standards of identity in food labeling, says Christopher Van Gundy of Keller and Heckman LLP.

  • 5 Ways To Uncover Bias During Jury Selection

    Joshua Dubin

    Failing to identify and elicit suppressed biases hinders practitioners’ ability to de-select prospective jurors during jury selection. Five strategies can help mitigate the effects of prospective jurors’ tendency to “self-enhance,” says Joshua Dubin, principal of Dubin Research & Consulting.