New Jersey

  • October 31, 2014

    NJ Courts Urged To Oversee Housing Rules Overhaul

    Housing advocates asked the New Jersey Supreme Court on Friday to step in and have the courts take over responsibility for overhauling the state’s affordable housing regulations after the state failed to meet court-imposed deadlines for coming up with the proposed rules.

  • October 31, 2014

    Crumbs Buyer Settles Claims It Knew Loan Couldn’t Be Repaid

    The joint venture that picked up Crumbs Bake Shop Inc.’s assets in a $6.5 million credit bid is settling creditors’ claims that it lent the distressed New Jersey company millions it knew Crumbs couldn’t repay in order to buy its assets at a discount, the creditors said Thursday.

  • October 31, 2014

    Ex-NBA Player Denied New Trial Over $2M RE Ponzi Scheme

    A former NBA player was denied a new trial on wire fraud charges, failing to convince a New Jersey federal judge that ineffective counsel and prosecutorial misconduct led to unjust convictions on allegations of operating a $2 million Ponzi scheme involving purported real estate investments.

  • October 31, 2014

    NJ Sen. Urges Judge's Recusal In NFL Sports Betting Case

    A New Jersey state senator on Friday urged a federal judge to recuse himself from litigation filed by the National Football League and other sports leagues to block sports gambling in New Jersey, claiming the judge's fraternal bond with an NFL veteran could compromise his objectivity.

  • October 31, 2014

    Pfizer Ducks End-Payors' Lipitor Antitrust Claims

    A New Jersey federal judge on Thursday dismissed antitrust claims brought by indirect buyers of Lipitor in multidistrict litigation alleging Pfizer Inc. and Ranbaxy Laboratories Ltd. entered an anti-competitive patent infringement settlement, ruling the buyers' suit, like a previously dismissed direct-purchaser suit, fails to state a claim.

  • October 31, 2014

    Daimler Faces Class Action Alleging Mercedes Gas Leaks

    Daimler AG and Mercedes-Benz USA LLC have been slapped with a putative class action in New Jersey state court claiming the companies failed to disclose, and have failed to properly remedy, defects in certain Mercedes-Benz vehicles that can cause gasoline-soaked seats and vapors.

  • October 31, 2014

    Gann Says $1M Fee Award In TCPA Settlement Is Too Much

    Legal publisher Gann Law Books Inc. on Thursday asked a New Jersey federal court to nix a $1 million fee award in a $3 million class action over thousands of junk faxes that allegedly violated the Telephone Consumer Protection Act, saying the case wasn’t complicated enough to merit the fee.

  • October 31, 2014

    NJ Court Rejects Mandelbaum Malpractice Suit Over RE Fight

    The New Jersey Appellate Division on Friday refused to revive a developer's malpractice suit against Mandelbaum Salsburg Gold Lazris Discenza & Steinberg PC, finding insufficient links between the firm and that nonclient and no evidence that the firm made representations on which the developer might have relied.

  • October 31, 2014

    NJ Can’t Deny Morgan Stanley Interest Deduction, Court Says

    The New Jersey Tax Court in an opinion published Friday sided with Morgan Stanley and Co. in a dispute with the state Division of Taxation, finding the tax authority abused its discretion in denying the firm a deduction for interest on loans to related entities and assessing more than $700,000 in business tax liabilities.

  • October 31, 2014

    Bridgegate-Inspired NJ Bill Imperils Gov't Employers

    Bridgegate-inspired legislation in New Jersey that would enhance whistleblower safeguards for government workers could inject new confusion into the state's formidable Conscientious Employee Protection Act and expose public employers to an onslaught of frivolous litigation over legal conduct, some defense attorneys worry.

  • October 31, 2014

    Dollar General Again Extends $9B Family Dollar Offer

    Dollar General Corp. on Friday pushed back the deadline for its $9.1 billion offer for Family Dollar Stores Inc. until Dec. 31, keeping up its campaign to scuttle a rival deal worth $8.5 billion that would merge the target with a third discount retailer.

  • October 30, 2014

    NJ High Court To Consider Recall Of Retired Judges

    The Supreme Court of New Jersey has agreed to rule on the constitutionality of recalling judges older than the statutorily mandated retirement age in an appeal from a defendant who said his criminal trial was officiated by a judge whose age barred his service.

  • October 30, 2014

    NJ Court Boots Atty From Derivative Suit Due To Conflict

    Fleischer Fleischer & Suglia and one of its partners were disqualified from a derivative shareholder suit accusing an insurance brokerage of defaulting on loans, according to a New Jersey Superior Court order filed last week, due to the firm's past representation of the brokerage.

  • October 30, 2014

    Atty Called Policyholder 'Idiot' After Sandy Claim, Suit Says

    Hanover Insurance Co. has been hit with a $1.5 million suit in New Jersey federal court by a company that claims the insurer unfairly denied its claim for damage resulting from Superstorm Sandy and then hired an attorney who badgered the company’s owner and called him an “idiot.”

  • October 30, 2014

    Lexington Wins 'Named Storm' Ruling In ShopRite's Sandy Suit

    A New Jersey state judge on Wednesday ruled against the retailer-owned cooperative that operates ShopRite Supermarkets, supporting Lexington Insurance Co.'s application of a $22 million “named storm” deductible on a $54 million Superstorm Sandy damages claim and refusing the cooperative's argument for a lower deductible.

  • October 30, 2014

    TerraForm Pays $250M For 39 Capital Dynamics Solar Assets

    In an effort to bolster its solar capabilities, SunEdison Inc. subsidiary TerraForm Power Inc. has agreed to buy a portfolio of solar energy assets from Swiss asset manager Capital Dynamics for about $250 million, the companies said late Wednesday evening.

  • October 30, 2014

    FTC Sues Gerber Over Infant Formula Anti-Allergy Claims

    Nestle SA-owned Gerber Product Co. was hit with a lawsuit by the Federal Trade Commission on Wednesday in New Jersey federal court alleging the company deceptively marketed its “Good Start Gentle” brand of infant formula as having allergy-reducing properties despite lacking adequate scientific proof.

  • October 29, 2014

    Radiology Network Accuses Provider's Atty Of Aiding Fraud

    Diagnostic radiology network Atlantic Imaging Group LLC sued the onetime counsel and others associated with a New Jersey medical testing business for fraud, contending it was a victim of misrepresentations, omissions and diverted funds intended to hide the company's financial woes and hinder creditors.

  • October 29, 2014

    Biomet Pays $6M To End FCA Suit Over Bone-Growth Device

    Biomet Inc. will pay $6 million to resolve a whistleblower’s False Claims Act suit in New Jersey federal court alleging that it showered doctors' office staff with kickbacks to encourage use of bone-growth stimulators and improperly billed Medicare for refurbished medical devices, the U.S. Department of Justice said Wednesday.

  • October 29, 2014

    Mystery Bondholder Walks Away From Caesars Debt Talks

    An unnamed investor holding senior debt in Caesars Entertainment Corp.’s largest subsidiary has pulled out of negotiations around the seemingly inevitable restructuring of the casino operator’s balance sheet, according to a Wednesday securities disclosure.

Expert Analysis

  • Possible Conflict Of Interest In NJ Sports Betting Case

    Daniel Wallach

    Despite what you may have read elsewhere, the fact that U.S. District Judge Michael Shipp's brother once played in the NFL is of no legal consequence to Judge Shipp presiding over a New Jersey lawsuit involving the NFL. However, his brother's apparent ambition to become an NFL coach creates at least the appearance of a conflict of interest, says Daniel Wallach of Becker & Poliakoff PA.

  • How To Handle Ebola Fear In The Workplace: 4 Scenarios

    Mark A. Konkel

    An employee has just returned from a trip to West Africa. Can you require him to stay home, essentially quarantined, for 21 days? This is just one scenario in which fears of Ebola may implicate an employer's obligations under a number of laws — not least of which are disability discrimination laws prohibiting differential treatment based on a perception of someone's physical condition, say attorneys with Kelley Drye & Warren LLP.

  • Judge Blocks NJ Sports Betting — What's Next?

    Daniel Wallach

    Less than 48 hours before Monmouth Park Racetrack was to open the first legal sports book in New Jersey, U.S. District Judge Michael Shipp put a temporary halt to those plans. Oral argument on the leagues’ application for a preliminary injunction is scheduled for Nov. 20. Can we expect a different outcome? Don’t bet on it, says Daniel Wallach of Becker & Poliakoff PA.

  • The Evolution Of ADR: 30 Years Of Change

    Maria M. Sypek

    As our legal system evolves and we understand more about how an effective court system should function, the role of alternative dispute resolution should also shift. For example, the growth of e-discovery — and the ballooning associated costs — has further pushed the special-master trend, say former U.S. Magistrate Judge John Hughes and former New Jersey Superior Court Judge Maria Sypek of JAMS.

  • The Legal Professions’ Curious Under-Use Of 2nd Opinions

    Judge Wayne D. Brazil

    As conscientious professionals who are required to address problems with notoriously elusive dimensions, lawyers should consider securing second opinions in a much wider array of circumstances than has been the norm, says Judge Wayne Brazil, a neutrual with JAMS and former magistrate judge in the U.S. District Court for the Northern District of California.

  • 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.