New Jersey

  • April 27, 2015

    Bayer Settles False Ad Suit Over WeightSmart Vitamins

    Bayer AG will pay $500,000 to settle a proposed class action alleging that it falsely advertised a vitamin to Florida consumers under a deal approved Monday in New Jersey federal court, ending a long legal battle that led to a precedential appeals ruling on class ascertainability.

  • April 27, 2015

    NJ Regulator Says Straub Can't Take Revel's Casino License

    Real estate tycoon Glenn Straub, the new owner of the shuttered Revel Casino Hotel in Atlantic City, is facing another obstacle in his bid to reopen the property after New Jersey's gaming regulator told a bankruptcy court Monday that state law prohibits his company from assuming Revel's casino license from the previous owner.

  • April 27, 2015

    Insurer Says NJ Law Shouldn't Apply In Med Malpractice Case

    Counsel for a Rhode Island insurance group urged the New Jersey Supreme Court on Monday to upend a decision requiring it to provide medical malpractice coverage under a policy that was rescinded over a physician's alleged misrepresentations, arguing that New Jersey law was improperly applied in the case.

  • April 27, 2015

    NJ High Court To Tackle Affidavits Of Merit Row

    The New Jersey Supreme Court said Monday it will hear a dispute over whether a professional malpractice complaint warrants dismissal because it violated a state regulation by including an affidavit from someone who isn't licensed in the same field as the defendant. 

  • April 27, 2015

    Insurer Can't Dodge NJ Condo Association's $1.6M Claim

    National Grange Mutual Insurance Co. must face a condominium manager's claim for nearly $1.6 million stemming from a settlement of construction defect litigation against a window installer, a New Jersey appeals court said Monday, ruling that a lower court erred in determining that the settlement wasn't reasonable.

  • April 27, 2015

    NJ High Court To Mull Preemption Battle In Reglan Claims

    The New Jersey Supreme Court will consider whether federal law preempts patients' claims that manufacturers of generic Reglan didn't adequately warn about neurological risks by failing to timely update the digestion medication's labeling, according to an order posted Monday.

  • April 27, 2015

    High Court Won't Hear Case Over Offshore Partnerships

    The U.S. Supreme Court on Monday declined a request from three limited liability companies to review a Third Circuit decision finding them responsible for the full tax burden related to a technology company transaction despite transfers of interest to offshore entities.

  • April 27, 2015

    Cap Gemini's $4B IGate Buy Expands N. American Presence

    French consulting corporation Cap Gemini SA will expand its presence is North America with the acquisition of New Jersey-based IT services company iGate Corp. for $4 billion, or $48 a share in cash, the two companies announced on Monday.

  • April 27, 2015

    Celgene Grabs VC-Backed Cancer Biotech In $485M Deal

    Privately held cancer biotech Quanticel Pharmaceuticals Inc., backed by Versant Ventures, is being acquired by Celgene Corp. for up to $485 million, culminating a more than three-year partnership between the companies, they said Monday. 

  • April 27, 2015

    NJ Dem Wants New Trial After Racketeering, Fraud Conviction

    New Jersey Democratic Party boss Joseph A. Ferriero wants either an acquittal or new trial on charges he abused his political position to profit from government contracts, according to a Friday filing in New Jersey federal court.

  • April 24, 2015

    Christie Warns Of Court ‘Entanglement’ In $1.6B Pension Fight

    New Jersey Gov. Chris Christie’s administration on Friday told the state Supreme Court that the judiciary branch would become entangled in the annual budget process if it lets stand a lower court ruling that he unlawfully trimmed $1.57 billion in pension funding.

  • April 24, 2015

    Former Pharma Exec Sues Inovio Over Stock Option Refusal

    A former managing director of a pharmaceutical company that merged with Inovio Pharmaceuticals Inc. in 2009 has filed a complaint in New Jersey state court against Inovio, contending he was wrongly blocked from exercising certain stock options after the merger.

  • April 24, 2015

    Siemens Unit Sued Over Racist Work Environment

    A Siemens AG manufacturing unit in New Jersey was hit with a complaint Friday by an employee alleging it created an intimidating work environment pervaded by racial epithets and threats targeting black employees, which culminated in the hanging of a noose in front of their lockers.

  • April 24, 2015

    NJ Firm, Dentons Exit Malpractice Dispute Over $41M Loan

    Mandelbaum Salsburg Lazris & Discenza PC is exiting YA Global Investments LP's malpractice suit over a $41 million loan for a failed resort, and dismissing accusations that Dentons played a substantial role in YA Global's losses, according to New Jersey federal court filings Friday.

  • April 24, 2015

    Telecom Cos. Urge 3rd Circ. To Review Net Neutrality

    Full Service Network, TruConnect Mobile and others on Thursday lodged the latest suit contesting the Federal Communications Commission’s recently enacted net neutrality rules that reclassify broadband Internet as a telecommunications service, telling the Third Circuit that the rules restrict competition.

  • April 24, 2015

    Judge Won't Rule On Redacted Docs On Izod Center Closing

    A New Jersey judge made clear Friday that he wouldn't rule on the New Jersey Sports and Exposition Authority's key justification for redacting documents related to the Izod Center's closing, in a lawmaker's suit for access to those documents.

  • April 24, 2015

    Enviro Groups Drop CWA Claim Against NJ Agency

    A federal judge on Friday granted a plaintiffs' motion to relieve the New Jersey Department of Transportation from facing a Clean Water Act claim by allowing discharges of pollutant-filled stormwater to enter the Raritan River, in light of a report showing the agency complied with state pollution regulations.

  • April 24, 2015

    Volvo Foe Fights $1M Fee Award In Seat Patent Suit

    The holder of a child safety seat patent told a New Jersey federal court Thursday it shouldn’t have to pay Volvo Car Corp. a nearly $1 million judgment for attorneys’ fees, saying the judge in the case ignored significant claim construction issues that refute the finding that its suit had no reasonable basis.

  • April 23, 2015

    Charter Tells Del. Chancery Avaya Can't Halt NJ Suit

    Cable giant Charter Communications Inc. asked a Delaware Chancery judge Thursday to deny Avaya Inc.’s request to halt a New Jersey lawsuit over a contract dispute stemming from patent litigation, which was filed the same day as a practically identical action in Delaware Superior Court.

  • April 23, 2015

    NJ High Court Could Upend Crucial Judicial Stop-Gap

    A case coming before the New Jersey Supreme Court on Tuesday that tests the long-standing use of retired judges who are 70 or older for temporary assignments could shake the court system's ability to efficiently handle cases and worsen backlogs amid ongoing judicial vacancies, attorneys say.

Expert Analysis

  • An Update On Hatch-Waxman Personal Jurisdiction Cases

    Tedd Van Buskirk

    The first wave of post‐Daimler decisions suggests district courts will rely on new theories of general and specific jurisdiction to exercise personal jurisdiction in Hatch‐Waxman cases, say Tedd Van Buskirk and Mark Deming of Polsinelli PC.

  • NJ Borrowers Under HAMP May Pursue State Law Claims

    Wayne Streibich

    The New Jersey Appellate court recently held that the language of a Home Affordable Modification Program trial period plan or forbearance agreement may require a lender to modify the loan if a borrower complies with its terms, which qualifies the long-standing principle that a borrower does not have a right to a loan modification and a lender is not required to offer one, say attorneys from Blank Rome LLP.

  • 10 Topics For Corporate Counsel To Consider On Coal Ash

    Kirsten L. Nathanson

    The U.S. Environmental Protection Agency's regulations on the disposal of coal combustion residuals are the first of their kind under the Resource Conservation and Recovery Act's Subtitle D enforcement structure, which grants enforcement authority to states and citizens rather than to the EPA, say attorneys at Crowell & Moring LLP.

  • A Trend Toward More State Focus On Lawyer Mobility?

    Allison Martin Rhodes

    The efforts of state bar regulators in three large legal markets — Florida, New York and now Virginia — are almost certainly an indication of increased regulation to come in the area of lawyer mobility, say attorneys with Holland & Knight LLP.

  • 3rd Circ. Affirms Use Of Daubert To Fight Class Cert.

    Andrew Finch

    With its recent ruling in the Blood Reagents Antitrust Litigation, the Third Circuit has joined the Seventh, Eighth and Ninth Circuits in requiring that district courts take Daubert into account when assessing expert testimony at the class certification stage, say Andrew Finch and William Michael of Paul Weiss Rifkind Wharton & Garrison LLP.

  • Virginia's ‘Rocket Docket' Continues To Roar

    Robert M. Tata

    The Eastern District of Virginia ― known as the “Rocket Docket” ― had the fastest trial docket in the country in 2014, for the seventh year in a row. The median time interval to trial was 12.5 months. That’s compared to a nationwide average of 24.9 months to try a case, says Robert Tata, managing partner of Hunton & Williams LLP's Norfolk, Virginia, office.

  • Inside CMS Proposed Mental Health Parity Rules

    Caroline Brown

    Although much of the content of the Centers for Medicare and Medicaid Services' long-awaited proposed rules for mental health parity in Medicaid and the Children’s Health Insurance Program was expected, there are several provisions that may be challenging for states and Medicaid managed care entities to comply with, if they are finalized in their current form, say Caroline Brown and Phil Peisch of Covington & Burling LLP.

  • The Latest Litigation Over FCA Public Disclosure Bar

    Jennifer Tracy

    In holding that the government’s audit and investigation did not constitute a “public disclosure” in U.S. v. Shell Exploration, the Fifth Circuit recently aligned with the holdings of several other circuits, including the First, Fourth, Sixth, Ninth, Tenth and D.C. Circuits, and disagreed with the Seventh Circuit’s interpretation of the statute, say Jennifer Tracy and Eric Teasdale of Choate Hall & Stewart LLP.

  • FTC V. Wyndham: Recent Developments And Implications

    Abraham J. Rein

    The Third Circuit, in Federal Trade Commission v. Wyndham Hotels and Resorts LLC, appears to be considering turning the case away on improper-forum grounds, meaning that a federal court will have no occasion to consider the FTC’s position that businesses are on notice of cybersecurity requirements by virtue of a variety of FTC complaints, say Marc Perry and Abraham Rein of Post & Schell PC.

  • Some Problems With Sen. Menendez's 'Friendship Defense'

    Randall Eliason

    The corruption case against Sen. Robert Menendez, D-N.J., is a quintessential white collar case, in that what it boils down to is not what happened but why. The critical question is whether it was friendship alone that led to the gifts. For a number of reasons, I think the “friendship defense” is unlikely to fly, says Randall Eliason, a law professor and former federal prosecutor.