New Jersey

  • December 19, 2014

    NJ Asks High Court to Review Power Plant Subsidies Denial

    The New Jersey Board of Public Utilities asked the U.S. Supreme Court to review an appeals court decision rejecting the state’s subsidy program aimed at spurring construction of new gas-fired power plants, arguing that the program is within the state’s dual regulatory authority with the federal government.

  • December 19, 2014

    Genova Burns Name Partner Heading To Inglesino Wyciskala

    New Jersey firm Inglesino Wyciskala & Taylor LLC announced on Friday that real estate lawyer Elnardo Webster, the second name partner to depart Newark-based Genova Burns Giantomasi Webster LLC in a matter of months, has joined the firm as an equity partner.

  • December 19, 2014

    FERC Approves $607M Leidy Gas Pipeline Project

    Natural gas pipeline group Transcontinental Gas Pipe Line Co. LLC won approval from the Federal Energy Regulatory Commission on Thursday to build its 30-mile Leidy Southeast pipeline expansion project and to abandon a compressor engine in Pennsylvania.

  • December 19, 2014

    $1M Fee Award Slashed In $3M Gann TCPA Settlement

    A New Jersey federal judge has slashed a $1 million fee award in a $3 million class action settlement over thousands of junk faxes sent by Gann Law Books Inc., saying that the fee dwarfed the benefits to the class because much of the settlement will actually revert back to the publisher.

  • December 19, 2014

    NJ Court Tosses 2nd Plaintiff In Nissan Transmission Suit

    A New Jersey federal judge kicked another lead plaintiff to the curb in a putative class action against Nissan North America Inc. on Thursday, finding the plaintiff’s claims alleging injury from defective transmissions were untimely and unsupported by evidence.

  • December 19, 2014

    Boardwalk Owner Sues NJ Agency Over Dune System

    Point Pleasant Beach boardwalk’s owner hit New Jersey's environmental regulator with a federal suit Tuesday, seeking a declaration that the state does not need perpetual rights to its private land in order to build a system of sand dunes designed to protect the Jersey shore from severe weather.

  • December 19, 2014

    FERC To Hear American Airlines' NYC Jet Fuel Row

    The Federal Energy Regulatory Commission on Thursday agreed to hear a complaint filed by American Airlines Inc. against Buckeye Pipe Line Co. LP claiming the airline overpaid Buckeye $4.3 million for jet fuel transportation to the three major New York City-area airports.

  • December 18, 2014

    NJ Legislature Advances Water Privatization Bill

    The New Jersey Legislature on Thursday advanced legislation to allow municipalities to sell distressed water supply and wastewater treatment facilities to private entities without voter approval, a bill critics say would lead to higher costs for water of lower quality.

  • December 18, 2014

    NJ Assembly Seeks Fed. Aid For Displaced Casino Workers

    The New Jersey General Assembly on Thursday approved a resolution to lobby the federal government for a grant to assist former Atlantic City casino workers displaced by the closure of casinos, money that would be used to offer workforce education and training.

  • December 18, 2014

    Hellmann's Maker Drops False Ad Claims Over 'Just Mayo'

    Unilever, the maker of Best Foods and Hellmann’s mayonnaise, dropped its false advertising suit on Thursday against startup Hampton Creek Inc. over its vegan spread “Just Mayo,” the same day the plant-based mayo substitute maker announced it raised $90 million in venture funding.

  • December 18, 2014

    3rd Circ. Affirms Life Term For NJ Atty In Witness Murder Plot

    The Third Circuit on Thursday affirmed the conviction and life sentence of a former New Jersey criminal defense attorney convicted of using his law practice as a racketeering enterprise through which he plotted murder and facilitated drug trafficking and prostitution.

  • December 18, 2014

    Ex-NJ Construction Exec Gets Probation In Bid-Rigging

    A former owner of a New Jersey construction company once accused of funneling about $350,000 in bribes and kickbacks to a port terminal operator and a state official in exchange for lucrative contracts was sentenced on Thursday to three years' probation.

  • December 18, 2014

    Amid Union Fight, Icahn Pledges $20M To Save Taj Mahal

    Trump Entertainment Resorts Inc. senior creditor Carl Icahn said Thursday that he would put in $20 million of additional financing to keep the company’s only remaining casino operating, the same day the union representing Taj Mahal workers claimed he backed out of a more comprehensive deal to save it from closing.

  • December 18, 2014

    NJ Wind Farm Exec Hopeful Court Will Revive Project

    The general counsel for Fishermen's Energy LLC, which is challenging the rejection of its application for New Jersey's first offshore wind farm, expressed optimism Thursday that it will be able to show that the denial was unreasonable and ran afoul of state law.

  • December 18, 2014

    Merck Will Drop Up To $375M On Cancer Treatment Co.

    New Jersey-based Merck & Co. Inc. has scooped a research company developing a drug to treat blood-based cancers for a potential sale price of $375 million, according to a statement released Thursday.

  • December 18, 2014

    NJ High Court Concurs With Pa. In Suspending Disgraced Atty

    The Supreme Court of New Jersey on Thursday issued a 30-month suspension to a former attorney of Pennsylvania firm Bochetto & Lentz who was dismissed for theft, choosing to impose the same discipline as Pennsylvania rather than disbarring him.

  • December 17, 2014

    3rd Circ. Greenlights Sanctions Bid In Veggie Contract Row

    A Third Circuit panel on Wednesday freed frozen vegetable company Unilink LLC officers from liability to supplier Food Team International Ltd. after Unilink canceled a broccoli contract, but the court said the company and its attorney could potentially be sanctioned for failing to disclose its insurance policy.

  • December 17, 2014

    3rd Circ. Won't Undo Injunction On Euro-Pro Steam Claims

    The Third Circuit on Wednesday affirmed a preliminary injunction issued to steam iron manufacturer Groupe SEB USA in a suit over a competitor’s advertising claims, finding that Euro-Pro’s packaging unambiguously and falsely told consumers that its Shark steam irons had more powerful steam than SEB’s Rowenta irons.

  • December 17, 2014

    Watson Beats Auxilium's Testim Patent Suit In Court Trial

    A New Jersey federal judge on Tuesday invalidated a patent related to Auxilium Pharmaceuticals Inc.'s Testim testosterone gel for men, saying that the patent fails for obviousness, derivation and improper inventorship, following a bench trial over Watson Laboratories Inc.'s attempt to create a generic version.

  • December 17, 2014

    NJ Lawmaker Wants Atlantic City Casino Tax Plan Scrapped

    A new plan announced on Wednesday by New Jersey Assemblyman Chris Brown, R-Atlantic, to freeze Atlantic City taxes on all taxable property for five years would eliminate a recently proposed plan by Senate President Stephen M. Sweeney, D-Gloucester, to help the city’s eight casinos.

Expert Analysis

  • Tracking State Data Protection Enforcement In 2014

    Heather Egan Sussman

    In 2014, state attorneys general continued to play the important parallel roles they have developed in recent years by expanding their use of joint, multistate investigations into data breaches and state legislatures introduced bills on issues such as revenge porn and students' personal and social media information, say attorneys at McDermott Will & Emery LLP.

  • NJ Insureds Benefit From Broad Reading Of Physical Loss

    Robert Morrow

    Gregory Packaging Inc. v. Travelers Property Casualty Co. of America represents a victory for New Jersey policyholders in pushing back against insurer efforts to narrow the scope of property insurance coverage — the decision interprets the scope of commercial property coverage in a manner consistent with policyholders’ reasonable expectations of coverage, say attorneys at Hunton & Williams LLP.

  • Pay-For-Delay In 2014: Courts Fill In The Actavis Gaps

    Jonathan Watkins

    Though the U.S. Supreme Court in Actavis provided a general framework for lower courts to utilize in evaluating reverse payment cases, it expressly deferred to lower courts the task of “structuring” the rule-of-reason analysis announced in the case. Over the last year, trial courts have taken divergent views, says Jonathan Watkins of Zelle Hofmann Voelbel & Mason LLP.

  • OPINION: Grinchy Hackers Haven’t Ruined Christmas

    William J. Pinilis

    As long as consumers are reasonably diligent in monitoring for fraud, the Electronic Funds Transfer Act will provide them pretty robust protections. From that perspective, it’s easy to cast the law as pro-consumer and anti-business. But that assessment couldn’t be further from accurate. The value of the law isn’t in its parsing of liability — it’s in its ability to boost consumer confidence, says William Pinilis, a partner with Pin... (continued)

  • In 2014, Plaintiffs Gained Some Ground Lost After Twombly

    Robert Connolly

    Whether plaintiffs have alleged more than parallel conduct or the possibility of a conspiracy is a fact-specific question, but it does appear that in 2014 plaintiffs have had somewhat more success in getting the judge to budge on the nudge from possible to plausible in Twombly motions, say Robert Connolly and Joan Marshall, partners with GeyerGorey LLP and former U.S. Department of Justice Antitrust Division prosecutors.

  • Annual Bankruptcy And Restructuring Roundup

    David N. Griffiths

    Despite the relative paucity of mega cases, 2014 was not a year to forget. With every passing month, new and interesting special situations arose. In case you missed them, here’s a look back at the bankruptcy and restructuring highlights of the year, as well as a look ahead to 2015, say David Griffiths and Doron Kenter of Weil Gotshal & Manges LLP.

  • Year In Review: 2014 State And Local Employment Laws

    Susan Gross Sholinsky

    In 2014, states, cities, counties and other localities have been busy picking up Congress' slack on employment law by introducing bills and enacting laws on issues such as ban the box, sick leave and pregnancy accommodation, say Susan Gross Sholinsky and Nancy Gunzenhauser of Epstein Becker & Green PC.

  • How Borrower Got 'Free House' In NJ Bankruptcy Case

    Donna Bates

    A New Jersey bankruptcy court recently held that a mortgagee and mortgage servicer were time-barred under New Jersey state law from enforcing either the note or the accelerated mortgage against the debtor. This decision is particularly relevant considering that New Jersey’s foreclosure practice has undergone recent developments that have contributed to significant delays in foreclosure filings, say Daniel Cozzi and Donna Bates of Blank Rome LLP.

  • Time To Reassess Those Arbitration-Only Provisions

    Thomas Daniel McCloskey

    A New Jersey Superior Court ruling in DiSpenziere v. Kushner Cos., where a builder-developer’s arbitration-only provision was deemed unenforceable, will likely be applied in assessing or challenging the enforceability of arbitration-only alternate dispute resolution provisions contained in any type of commercial contract. Transactional attorneys are well-advised to take heed, says Thomas Daniel McCloskey of Fox Rothschild LLP.

  • NJ Courts Hand Financial Cos. 2 Bonuses In 2014

    Nicholas Gaunce

    New Jersey courts in 2014 have placed financial institutions on stronger footing in two key ways: they can expedite their right to obtain a judgment in a collection action by merely presenting electronic account statements, and they may actually be able to challenge a debtor’s right to file for bankruptcy protection when the matter at issue is really a two-party dispute, says Nicholas Gaunce of Eckert Seamans Cherin & Mellott LLC.