New Jersey

  • August 27, 2015

    $225M Exxon Deal Offers Blueprint For Pollution Review

    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.

  • August 27, 2015

    Conrail Sheds Some Claims Over Paulsboro Train Derailment

    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.

  • August 27, 2015

    Gamblers Want It Known NJ Casino Deploys Booze, Women

    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.

  • August 27, 2015

    Real Estate Rumors: Sergey Brin, Palm Tree Golf, Prometheus

    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.

  • August 27, 2015

    3rd Circ. Won't Revive Quest Diagnostics Kickbacks Row

    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.

  • August 27, 2015

    Merck Can’t Dodge Fraud Case Over Vytorin Trials

    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.

  • August 27, 2015

    Warranty Claim Cut From Discolored Decking Class Action

    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.

  • August 27, 2015

    H-1B Worker Asks Full 3rd Circ. To Review Law Firm Fraud Suit

    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.

  • August 26, 2015

    Revel Contractor Not Liable For Worker Injury, NJ Court Says

    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.

  • August 26, 2015

    Adelson Loses Bid To Kill Subpoena In WSJ Libel Case

    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.

  • August 26, 2015

    Whole Foods, Other Grocers Beat 'Freshly Baked' Suits

    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.

  • August 26, 2015

    NFL Concussion Deal Talks Didn't Speak For All, 3rd Circ. Told

    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.

  • August 26, 2015

    3rd Circ. Says ERISA Benefit Denials Must Specify Deadlines

    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.

  • August 26, 2015

    NJ Can't Duck Lead Pollution Cleanup Costs Suit

    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.

  • August 25, 2015

    Locke Lord Blasts Sanctions Bid In Mortgage Scheme Row

    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.

  • August 25, 2015

    Rematch Possible In Fight Over NJ Sports Betting 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.

  • August 25, 2015

    Despite Setback, Odds Still Favor National Sports Betting

    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.

  • August 25, 2015

    Home Depot, Plaintiff Seek To Dismiss Driver OT Suit

    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.

  • August 25, 2015

    Mercedes Fights Class Cert. In Drivers' Faulty Rims Suit

    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.

  • August 25, 2015

    Caterpillar Customers Say Defect Suit Rightly Kept Alive

    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.

Expert Analysis

  • 3rd Circ. Writes A Road Map For Cybersecurity Practices

    Tracy E. Miller

    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)

  • Equitable Mootness May Be Alive And Well In 3rd Circ.

    Bruce D. Buechler

    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.

  • Successor Liability In Calif.: Where To Point The Finger

    Richard M. Williams

    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.

  • 5 Reasons State Compliance With Clean Power Plan Is Easy

    John Bernetich

    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)

  • NJ High Court Refuses To Expand Nuisance, Trespass Law

    John DiChello Jr.

    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.

  • King Drug May Chill Voluntary Resolution Of IP Disputes

    Benjamin Wanger

    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.

  • No More Conflict In NJ Over CAFA Amount In Controversy

    Jeffrey H. Newhouse

    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.

  • A Flood Of Changes: The Growing Risk Of Flood Loss

    Lauren P. McKenna

    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.

  • King Drug Decision May Be A Turning Point In Pay-For-Delay

    Andrew Wellin

    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 Circuits Clash Over Class Action Ascertainability

    E. Colin Thompson

    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.