New Jersey

  • October 24, 2014

    Atty Group Wants Judge DQ'ed From NJ Bar Rules Suit

    An attorney group on Thursday pushed for the disqualification of a judge overseeing its challenge to bar admission rules for out-of-state lawyers in New Jersey federal court, contending she can't help but be prejudiced in favor of fellow judges who are defendants in the case.

  • October 23, 2014

    Gay Worker Fired Over God's Will Keeps Bias Suit In Play

    A New Jersey federal judge refused Thursday to nix a lawsuit brought against the owner of several Ashley Furniture HomeStore locations by an ex-human resources director who was allegedly fired because of her sexual orientation and told the termination was ordained by God.  

  • October 23, 2014

    Leagues Push For 'Urgent' Injunction Of NJ Sports Betting

    The four major U.S. sports leagues and the NCAA on Thursday said they would be irreparably injured if the courts don’t grant an “urgent” injunction stopping New Jersey’s new sports betting law from going into effect on Sunday.

  • October 23, 2014

    Bridgegate Panel Co-Chair Unveils Port Authority Reform Bill

    A co-chair of the New Jersey legislative panel probing “Bridgegate” proposed wide-ranging Port Authority of New York and New Jersey reforms on Thursday that would trim gubernatorial appointment powers, impose transparency requirements and force the agency to take a harder look at its operations.

  • October 23, 2014

    Google Hit With $2M 'Spy Phone' Trademark Suit

    The developer of the Spy Phone smartphone app, which allows users to track calls and other phone data, on Wednesday hit Google Inc. with a $2 million trademark infringement lawsuit in New Jersey, alleging Google employees have allowed others to sell apps on Google Play that rip off its name.

  • October 23, 2014

    NJ High Court Stops Short Of Disbarring Atty For Child Porn

    The New Jersey Supreme Court on Thursday stopped short of disbarring an attorney and former state assemblyman convicted on child pornography charges, handing down the court's first-ever indefinite suspension due to circumstances less severe than in similar cases resulting in disbarment.

  • October 23, 2014

    'Jersey Shore' Star Remains On Bail In $9M Tax Situation

    Former "Jersey Shore" star Mike “The Situation” Sorrentino and his manager can remain free on bail but under strict bail terms, such as abstention from drinking, on their indictment for tax fraud, conspiracy and failure to file taxes on $8.9 million in income, a New Jersey federal judge said on Thursday.

  • October 23, 2014

    Dodd-Frank Spares TD Ameritrade Worker Suit, 3rd Circ. Told

    The Third Circuit was urged Thursday to allow an ex-TD Ameritrade Inc. worker's whistleblower suit to proceed in court under a provision of the Dodd-Frank Act allowing would-be informants to void arbitration clauses in their employment agreements.

  • October 23, 2014

    NJ Senate Sends Microbead Ban To Governor

    The New Jersey Senate on Thursday gave final legislative approval to a gradual ban on the manufacture and sale of personal care and over-the-counter drug products that contain microbeads — small plastic particles that critics say threaten waterways and the food chain.

  • October 23, 2014

    NJ Lawmakers Back Challenge To Cap-And-Trade Repeal

    Lawmakers in both houses of the New Jersey Legislature on Thursday advanced a measure challenging a move by Gov. Chris Christie's administration to repeal cap-and-trade regulations tied to the state's former participation in a regional greenhouse-gas reduction pact.

  • October 23, 2014

    3rd Circ. Urged To Revive Farmworkers' DOL Wage Challenge

    The Third Circuit was urged on Thursday to overturn a district judge’s decision that forthcoming changes to the U.S. Department of Labor’s rules for the calculation of wage levels for migrant farmworkers invalidated a lawsuit challenging the current way the government allows pay rates to be set.

  • October 23, 2014

    Trump Resorts Gets Final OK To Fund Case With Icahn Cash

    A Delaware bankruptcy judge gave Trump Entertainment Resorts Inc. final approval Thursday to fund its case with cash collateral that secures credit from companies controlled by Carl Icahn after the casino operator resolved issues from unsecured creditors who worried it might dash any hope of a recovery.

  • October 23, 2014

    NJ Assembly OKs Limits On Consumer Fraud Fee-Shifting

    A New Jersey General Assembly committee on Thursday advanced legislation to eliminate the award of attorneys' fees and court costs in certain Consumer Fraud Act cases, a bill designed to end penalties for technical violations of the law made in good faith.

  • October 22, 2014

    Union Blasts Trump Resorts' Bid To Stifle Communications

    An union representing employees at New Jersey's Trump Taj Mahal urged a Delaware bankruptcy judge Wednesday to reject a motion aimed at controlling its communications with casino customers, saying the relief sought by Trump Entertainment Resorts Inc. violates the Constitution and federal labor law.

  • October 22, 2014

    'Real Housewives' Star Can't Serve Term In Halfway House

    A New Jersey federal judge on Wednesday declined to partially convert a 15-month prison sentence for Teresa Giudice, the “Real Housewives of New Jersey” star convicted on fraud and tax evasion charges, saying the court didn't intend for Giudice to serve time in a halfway house.

  • October 22, 2014

    3rd Circ. Affirms Dismissal Of Virgin Islands Telecom Case

    The Third Circuit on Tuesday upheld a lower court's decision to transfer a complicated settlement dispute involving Norton Rose Fulbright, investment firm Greenlight Capital Inc., a group of insolvent Virgin Islands telecommunications firms and others to bankruptcy court, which then recommended that the case be thrown out.

  • October 22, 2014

    Hollister Fights Class Cert. In Expired Reward Card Fight

    Hollister Co. on Tuesday urged a New Jersey appellate panel to overturn a lower court's certification of a class alleging the clothing retailer duped customers with promotional gift cards with an inconspicuous expiration date, arguing the class members can't be ascertained.

  • October 22, 2014

    McCarter Adds Chief Counsel For NJ Utilities Regulator

    McCarter & English LLP has snagged the chief counsel for the New Jersey Board of Public Utilities as it continues to strengthen its position in the energy arena, the firm said Thursday.

  • October 22, 2014

    Ropes & Gray Sued By Drugmaker Over Patent Filing Blunder

    The Medicines Co. has slapped Fish & Neave LLP and Ropes & Gray LLP with a legal malpractice suit in New Jersey claiming Fish & Neave blew the deadline for a critical patent filing associated with the company's anticoagulant drug Angiomax.

  • October 22, 2014

    Effexor Buyers Want Another Chance In Antitrust Suit

    Drug buyers on Tuesday urged a New Jersey federal judge to allow them to amend their complaint against Wyeth Inc. and Teva Pharmaceuticals USA Inc. over a no-authorized-generic deal for antidepressant Effexor XR, saying the court’s new pleading standard is novel and was only introduced after they filed their suit.

Expert Analysis

  • A Possible Game-Changer For 'Silent' Arbitration Clauses

    Brian Berkley

    Notwithstanding its arguably questionable precedential support, the Third Circuit’s decision in Opalinski v. Robert Half Inc. is not surprising. It continues arbitration law’s march toward a likely end, by any path, for class action liability for companies and other business entities, say Brian Berkley and Matthew Adler of Pepper Hamilton LLP.

  • Multistate Class Actions Face Tough Test At 3rd Circ.

    Joel E. Tasca

    Adding to its recent trend of case law raising the bar for plaintiffs seeking class certification, the Third Circuit's ruling in Grandalski v. Quest Diagnostics Inc. will make it even more difficult for consumers to gain certification of multistate classes when state law claims are being asserted, say Burt Rublin and Joel Tasca of Ballard Spahr LLP.

  • New Jurisdictional Issues When Moving To Quash A Subpoena

    Steven Luxton

    The Nevada federal court's recent ruling in Agincourt Gaming LLC v. Zynga Inc. is an important reminder that a nonparty wanting to challenge a civil subpoena should consider carefully the appropriate jurisdiction in which to file a motion to quash under recently enacted Rule 45, say Steven Luxton and Brad Nes of Morgan Lewis & Bockius LLP.

  • DOJ Change On Waiver-Of-Appeal Policies Isn't Enough

    Alain Leibman

    The U.S. Department of Justice recently announced a modest change in its waiver-of-appeal policies. But, as shown in a recent Third Circuit case that severely penalized a defendant who appealed in the face of an unconditional waiver, the DOJ must revisit the entire question of demanding appeal waivers as a condition of a defendant being allowed to plead guilty, says Alain Leibman, a partner with Fox Rothschild LLP and former federal prosecutor.

  • When Fraud, Spoliation Are Added To Asbestos Claims

    Jesse L. Morris

    The Third Circuit's recent ruling in Williams v. BASF Catalysts could prove an instructive example of how litigation may unfold when fraud and spoliation claims are brought against industrial manufacturers and their successors linked to asbestos-related illnesses and deaths, says Jesse Morris of Weil Gotshal & Manges LLP.

  • OPINION: Don't Mess With... Arizona?

    Michael Li

    Fifty years ago, Justice Felix Frankfurter cautioned courts about getting mired in the “political thicket” of redistricting. In agreeing to hear Arizona State Legislature v. Arizona Independent Redistricting Commission, the U.S. Supreme Court could be about to take a big step further into that thicket, says Michael Li, counsel at the Brennan Center for Justice, NYU School of Law.

  • Tug-Of-War: Attorney-Client Privilege Vs. Deposition

    There is an inherent tension between the process of preparing a corporate representative to testify and the protections usually afforded by attorney-client privilege. Judicial decisions addressing these tensions are limited and, as of yet, the Federal Circuit Courts of Appeals do not appear to have weighed in on these issues in any meaningful way, say Vanessa Miller and Nicholas Ellis of Foley & Lardner LLP.

  • Escaping Taxes In Bankruptcy Through S Corporations

    Chad C. Coombs

    Shareholders of financially troubled S corporations may now be able to avoid the flow-through of taxes when the S corporation or its subsidiary files bankruptcy, thanks to a Third Circuit ruling in the Chapter 11 case of Majestic Star Casino LLC. The losers are the corporation’s unsecured creditors, says Chad Coombs of Greenberg Glusker Fields Claman & Machtinger LLP.

  • Clarity Over Insurance Broker Liability Comes To NY, NJ

    Robert D. Chesler

    Both Huggins v. Liberty Mutual Insurance Co. and Duffy v. Certain Underwriters at Lloyds of London offer lessons for policyholders — they should seek the broadest coverage possible and look to hold their brokers liable when failing to provide the coverage originally promised, say attorneys at Anderson Kill PC.

  • OPINION: Uphold Reasonable Regs On Judicial Campaigns

    Matthew Menendez

    If the U.S. Supreme Court applies strict scrutiny in Williams-Yulee v. Florida Bar to strike down reasonable restrictions on judicial campaign activity, the increasing flood of judicial campaign spending may further damage the public’s eroding confidence in the judiciary, says Matthew Menendez, counsel in the Democracy Program at the Brennan Center for Justice, NYU School of Law.