ExxonMobil Corp.’s $225 million pollution settlement with state environmental authorities, approved by a New Jersey judge this week, is notable not only for its size and the level of public scrutiny it endured, but the guidance it provides companies facing similar claims for natural resource damages, attorneys say.
At least 18 plaintiffs have agreed to drop claims in New Jersey federal court against Consolidated Railroad Corp. over a 2012 train derailment and chemical spill in Paulsboro, according to documents filed Thursday following a series of court decisions that trimmed the litigation.
A pair of professional gamblers accused of cheating Atlantic City’s Borgata Hotel Casino & Spa out of $9.6 million, told a New Jersey federal court on Tuesday that the casino tried to gain an unfair advantage over them using free alcohol served by scantily-clad women.
Google co-founder Sergey Brin is eyeing a $49 million mansion in New Jersey, Palm Tree Golf Management has reportedly sold a Florida golf course for $26 million, and Prometheus Global Media is said to be subleasing more than 40,000 square feet in New York from Twitter.
The Third Circuit refused Wednesday to revive a suit brought by a Pennsylvania physician alleging Quest Diagnostics Inc. offered doctors perks and kickbacks for referrals, holding he failed to overcome the False Claims Act's provisions prohibiting claims based on information that’s already publicly disclosed.
Merck & Co Inc. on Wednesday lost its bid to dismiss separate complaints of four institutional funds claiming it misrepresented results of a clinical trial of its anti-cholesterol drug Vytorin, when a New Jersey federal court said statutes of repose have been tolled and the accusations are sufficient to go forward.
A New Jersey federal judge on Wednesday granted in part TimberTech Ltd.’s motion to dismiss a proposed class action claiming the company’s XLM decking products are prone to splotchy discoloration, finding that the company’s warranty expressly excludes color changes.
An H-1B worker who has accused a Pennsylvania law firm of fraudulent misrepresentation asked the full Third Circuit to review his case Wednesday, arguing a panel decision to toss his lawsuit will have a negative impact on victims of workplace discrimination.
A crane technician hired to work at the now-defunct Revel Casino Atlantic City’s construction site isn’t liable for injuries sustained by a worker during the machine’s disassembly, a New Jersey appeals court said Wednesday, affirming a lower court’s determination that the accident occurred after the technician had completed his contract.
A federal judge on Wednesday denied Sheldon Adelson's efforts to overturn a magistrate's decision allowing a Wall Street Journal reporter — accused in Hong Kong by the billionaire casino owner of libel for describing him as “foul-mouthed” — to serve a subpoena in the U.S., finding the reporter's request lawful.
A New Jersey federal judge on Wednesday threw out three proposed class actions accusing Whole Foods Market Group Inc. and two other grocery chains of falsely advertising their bread as "freshly baked," striking the plaintiffs' class action allegations and dismissing the suits with prejudice.
The settlement of multidistrict litigation over NFL players’ head injuries should be overturned because the plaintiffs’ attorneys who negotiated the deal did not fairly represent the whole class, consumer advocacy group Public Citizen Inc. told the Third Circuit on Wednesday.
When a plan administrator denies a health care provider's request for benefits, it must, under the Employee Retirement Income Security Act, disclose the deadline for filing a civil suit, the Third Circuit said Wednesday in a precedential decision.
The Superior Court of New Jersey ruled Wednesday that the Garden State must face a lawsuit from a lead pigment maker seeking to saddle it with a portion of the $79 million cost of cleaning up the Raritan Bay Slag Superfund site in Old Bridge and Sayreville, New Jersey.
Locke Lord LLP slammed a New Jersey man’s bid for sanctions Tuesday in a mortgage and securities fraud lawsuit against the firm's client Credit Suisse Securities USA LLC, claiming the disputed motion to remand was proper because the man's claims against Credit Suisse implicate federal law in addition to state law.
A Third Circuit opinion Tuesday striking down a New Jersey law allowing sports betting at casinos and racetracks seemed to be the death knell for the nascent industry in the Garden State, but experts say a dissent could open the door for possible rehearing at the appellate court.
The Third Circuit shut down New Jersey’s attempt to allow unregulated sports betting in a much-anticipated decision Tuesday, but experts say that while the move slows its momentum, legalized sports betting is still on the horizon.
The Home Depot Inc. and the lead plaintiff seeking to represent a putative class of workers for claims the retail giant stiffed them on overtime pay agreed on Tuesday to dismiss the case, according to the filing in New Jersey federal court.
Mercedes-Benz USA LLC fought back Tuesday against a proposed class’ bid for certification in their suit alleging the automaker used defective rims and wouldn't cover repair costs with its warranty, telling a New Jersey federal judge that the only thing the wheels have in common is their good performance.
Customers accusing Caterpillar Inc. of selling defective bus engines urged a New Jersey federal court Monday not to rethink its ruling that the majority of their claims aren't preempted by the Clean Air Act, saying Caterpillar hasn’t introduced new evidence to support reconsideration.
The Third Circuit's analysis in Federal Trade Commission v. Wyndham Worldwide Corp. of applicable standards for Section 5 enforcement under the Federal Trade Commission Act and the court's discussion of specific shortcomings in Wyndham’s security safeguards create a road map for companies to assess their own practices in the face of mounting cybersecurity threats and clear affirmation of the FTC’s regulatory authority, say Tracy Mi... (continued)
In a recent Third Circuit opinion in the case of Tribune Media Co., Judge Thomas Ambro authored a concurrence that appears to imply that Third Circuit Judge Cheryl Krause’s opinion in One2One Communications LLC calling for the overturning of the equitable mootness doctrine is not shared, says Bruce Buechler of Lowenstein Sandler LLP.
When one product manufacturer or distributor acquires another, which party should assume the existing debt and/or ongoing liabilities — the buyer or the seller? Originating in California and adopted in four other states, the product line successor exception is one way to answer that question, says Richard Williams at Gray Duffy LLP.
The dire forecast from the group of 15 states that filed an emergency petition seeking a stay of the Clean Power Plan is greatly exaggerated. The final rule allows significant flexibility to utilities and states, and much of the legal infrastructure necessary for states to comply with the final rule is already in place throughout the country, say Ayres Law Group LLP's John Bernetich and Richard Ayres, co-founder of the Natural Reso... (continued)
In Ross v. Lowitz, the New Jersey Supreme Court reinforced the traditional boundaries used to define private nuisance and trespass under state law, while insulating landowners from strict liability in those circumstances. Simply put, a party is not absolutely liable simply because his or her underground storage tank leaked a substance onto another’s property, says John DiChello Jr. of Blank Rome LLP.
There is serious danger in allowing third-party antitrust challenges to voluntary resolutions of intellectual property disputes. While we understand the rationale of Actavis concerning why a reverse payment settlement might be ripe for scrutiny, the Third Circuit's recent decision in King Drug illustrates that Actavis places IP disputes on a slippery slope, say Carl Schaerf and Benjamin Wanger of Schnader Harrison Segal & Lewis LLP.
Alegre v. Atlantic Central Logistics solidifies an important shift in New Jersey case law concerning the Class Action Fairness Act's amount in controversy requirement. Gone are the days when a complaint is remanded to state court — and subjected to the New Jersey state class action rules — when the same case would remain in federal court if it was filed in another state, say Jeffrey Newhouse and Jaime Wisegarver of Hirschler Fleischer PC.
Individual states have developed their own unique methods of addressing the growing risks of flood loss, but for insurers and property owners alike it is evident that only a comprehensive method of addressing flood risk and the fiscal solvency of the National Flood Insurance Program will ultimately prove satisfactory, say Lauren McKenna and Christine Soares at Fox Rothschild LLP.
The Third Circuit's recent ruling in King Drug Co. of Florence Inc. v. Smithkline Beecham Corp. — the first federal appellate decision interpreting the U.S. Supreme Court's landmark decision in Actavis — potentially greatly expands the scope of liability for settling parties in reverse payment cases, says Andrew Wellin of Proskauer Rose LLP.
The Third Circuit in Carrera v. Bayer Corp. may have “extended” and “heightened” Rule 23's ascertainability requirement, but it did so based on the same principles from which the “established” but implicit ascertainability requirement still championed by the Seventh Circuit in Mullins v. Direct Digital LLC was derived — Rule 23’s explicit requirements, says E. Colin Thompson of DLA Piper LLP.