New Jersey

  • May 27, 2016

    NJ Tax Lien Investor Gets Probation For Bid-Rigging

    An investor who pled guilty to rigging bids connected to municipal tax lien auctions in New Jersey was sentenced to one year of probation and a $20,000 fine in federal court Thursday.

  • May 27, 2016

    Feds Fine Medicare Advantage Plan For Deceiving Shoppers

    Federal regulators have fined a Medicare Advantage plan in New Jersey for repeatedly misleading consumers about out-of-network benefits, continuing a campaign of stepped-up enforcement, according to a document released Friday.

  • May 27, 2016

    Uber Hit With NJ Misclassification Class Action

    Uber has been hit with yet another suit accusing it of violating its drivers’ rights, with the company on Friday removing to New Jersey federal court a putative class action alleging Uber illegally forces its drivers to pay for tolls, gas and phone bills through improper classification.

  • May 27, 2016

    Lipitor Retailers Push 3rd Circ. To Revive Pay-For-Delay Claims

    Walgreen, Rite Aid and other retailers urged the Third Circuit Friday to revive claims that Pfizer paid Ranbaxy to postpone releasing a generic of the cholesterol drug Lipitor and said Pfizer’s argument that the case should go to the Federal Circuit if the district court’s dismissal is overturned is incorrect.

  • May 27, 2016

    Atlantic City Bailout Bills Win NJ Gov.'s Approval

    New Jersey Gov. Chris Christie on Friday signed legislation that would help Atlantic City recover from a crippling financial spate of poor gambling revenue and successful tax appeals, ending fears that a legislative stalemate would drive the city into insolvency.

  • May 27, 2016

    NJ Couple Faces Prison, Civil Fine Over Alleged Ponzi Scheme

    A New Jersey couple who purportedly owned a hedge fund was hit with criminal charges and a hefty civil penalty Friday for allegedly collecting money from two dozen investors and spending it on a lavish lifestyle as part of a Ponzi scheme that netted nearly $600,000 from victims.

  • May 27, 2016

    Medical Device Co. Says IP Suit Triggers Defamation Policy

    Hernia mesh manufacturer Tela Bio Inc. told a New Jersey federal judge on Thursday that its insurance company is required to cover its defense costs in a trade secret infringement suit, saying allegations rise to the level of defamation covered under its policy.

  • May 27, 2016

    Cocoa Co. Wants $2.6M Award Over Contract Breach Upheld

    A New Jersey-based cocoa trading house pressed a New York federal court Thursday to cement a $2.6 million arbitration award it won against an agricultural cooperative of Peruvian cocoa and coffee farmers in a contract dispute, rejecting the contention that the award should instead be vacated.

  • May 27, 2016

    3rd Circ. Sides With Insurer That Rejected Pollution Claims

    The Third Circuit on Thursday concluded that a group of policyholders was not harmed when Nationwide Insurance cut off its coverage after defending the group for years in an underlying property pollution lawsuit, finding that the insurer had properly reserved its right to do so.

  • May 26, 2016

    FedEx Accused By NJ Truck Drivers Of Misclassification

    FedEx has enjoyed significant savings over its competitors by shifting essential ground delivery business expenses like workers' compensation insurance, taxes and vehicle operating costs to drivers it misclassifies as independent contractors instead of company employees, according to a class action removed to New Jersey federal court Thursday.

  • May 26, 2016

    Jaguar Gets Battery Defect Suit Trimmed To Warranty Claim

    Jaguar Land Rover North America LLC ducked most claims Thursday in a proposed class action over alleged battery failures in Land Rover LR2 vehicles, though a New Jersey federal judge allowed one warranty breach claim to proceed.

  • May 26, 2016

    Gov. Christie Nominates NJ Acting AG As Judge

    New Jersey Gov. Chris Christie on Thursday nominated Acting Attorney General Robert Lougy for a judge position in the state's superior court system, just three months after promoting him to serve as the state’s top law enforcement official.

  • May 26, 2016

    NJ Judge Ends Force-Placed Insurance Row After BofA Settles

    A New Jersey federal judge on Thursday tossed a proposed class action accusing a number of companies of manipulating the force-placed insurance market for financial gain, the day after Bank of America and others agreed to settle the claims.

  • May 26, 2016

    Healthfirst Dodges NJ Hospital's $26M Repayment Suit

    A New Jersey court on Wednesday delivered a blow to a state hospital seeking $26.3 million in alleged unpaid government-assisted medical claims from health insurance provider Healthfirst Inc., finding that the hospital failed to exhaust administrative remedies before suing and made allegations that are preempted by Medicare law.

  • May 26, 2016

    Atlantic City Bailout Bills Pass Both NJ Houses

    New Jersey legislation that aims to help Atlantic City financially recover from a crippling spate of poor gaming revenue and successful tax appeals now awaits Gov. Chris Christie’s signature, after passing both houses of the state Legislature on Thursday.

  • May 26, 2016

    NJ Assembly Passes $15 Minimum Wage Bill

    The New Jersey Assembly on Thursday advanced legislation that would gradually boost the minimum wage to $15 an hour in phased increases over the next five years, an initiative touted by the chamber’s Democratic leaders as a tool to help reverse the trend of poverty in the state.

  • May 26, 2016

    PennEast Is Avoiding FERC Obligations, Enviros Say

    An environmental law group on Thursday asked the Federal Energy Regulatory Commission to hold off on drafting an environmental impact statement on a controversial PennEast Pipeline Co. LLC project until the company submits proof that it took sufficient steps to gauge the environmental impact of the proposed pipeline.

  • May 26, 2016

    NJ Immune In Day Care Mercury Exposure Suits, Court Says

    The New Jersey Appellate Division upended judgments against the state Department of Environmental Protection and other public entities Thursday, saying they were immune from class actions stemming from mercury pollution at a former thermometer factory site later occupied by a day care.

  • May 26, 2016

    LG, Consumers Seek OK Of Washing Machine Defect Deal

    A group of consumers who owned LG Electronics washers that allegedly have a design defect that causes them to grow moldy asked a New Jersey federal court on Wednesday to give preliminary approval to settlement terms providing class members with $35 in cash or a $105 rebate certificate.

  • May 25, 2016

    Boeing, Airbus Tell 3rd Circ. Only FAA Can Regulate Planes

    Boeing and Airbus urged the full Third Circuit Tuesday to upend a panel decision reviving a defect suit, arguing that aircraft engine maker Avco Corp. cannot be held to state-law product liability claims because the Federal Aviation Administration has sole authority over aircraft design.

Expert Analysis

  • Behind The Curtain: Technical Advisers In Complex Cases

    Christopher S. Finnerty

    During complex litigation, litigants often retain consulting experts to help them understand any intricate aspects of social and natural sciences present in a case, but the federal rules provide no such mechanism for the presiding judge. That is where technical advisers come in, say attorneys at K&L Gates LLP.

  • Tax Lien Sale Avoidance May Depend On The State You're In

    Viscount_Michael_FoxRothschild.jpg

    Owners of foreclosed properties who are seeking to avoid tax lien sales in bankruptcy now face starkly different fates in Pennsylvania as compared to New Jersey, according to a recent Pennsylvania bankruptcy court ruling in the case of Crespo, says Michael Viscount of Fox Rothschild LLP.

  • The Alan West Story: Why An Innocent Man Pled Guilty

    Gregory Morvillo

    The statistics, common knowledge, and the cautionary tale of Alan West demonstrate that which the U.S. Supreme Court recognized and Judge Jed Rakoff gave public voice to: sometimes innocent people plead guilty to crimes they do not commit, say Gregory Morvillo and Caitlin Sikes of Morvillo LLP.

  • 5 Tips For Negotiating And Drafting Joint E-Discovery Plans

    Anthony J. Rospert

    Courts often require parties to develop a joint e-discovery plan. But even when they are not court-imposed, parties should consider using joint e-discovery plans to promote transparency and streamline the discovery process, say Anthony Rospert and Jake Evans of Thompson Hine LLP.

  • Why FEMA's Sandy Claims Review Process Isn't Working

    Douglas J. Pepe

    Concerns over the administration and implementation of the National Flood Insurance Program following Superstorm Sandy resulted in a novel, ad hoc procedure for the adjustment and payment of previously closed flood claims, but the review process that was promised differs greatly from the process currently in practice, says Douglas Pepe at Joseph Hage Aaronson LLC.

  • And Now A Word From The Panel: A 21st Century MDL

    Alan E. Rothman

    In honor of our 21st installment of "And Now A Word From The Panel," this month’s column will address a burgeoning category of cases subject to multidistrict litigations during the 21st century — cyber MDLs, or more specifically, cases arising from an alleged data privacy breach, says Alan Rothman of Kaye Scholer LLP.

  • Not So Fast, Ohio: FERC Weighs In On Wholesale Energy

    Joseph H. Fagan

    The Federal Energy Regulatory Commission recently affirmed its role in ensuring reasonable rates for wholesale sales of electric energy in Ohio. But state utilities seek to further their objectives without invoking FERC jurisdictional issues, and if other states aim to advance their public policy initiatives using similar methods, it could impose higher costs on captive retail customers, say Joseph Fagan and David Doot at Day Pitney LLP.

  • Panama Papers: Reminders About Law Firm Cybersecurity

    Sean Doherty

    Nowhere is the attractiveness of law firms as cybercrime targets more evident than the recent Mossack Fonseca hack, believed to be the most significant data theft event in history. Firms represent a treasure trove of information and historically have had dreadful cybersecurity practices. There has been some progress, but firms can also commit to better defending their information by taking a simple, three-step approach, says Sean D... (continued)

  • Preparing For New Paid Family Leave Laws

    Robin J. Samuel

    Recent developments in California and New York have significantly increased the availability of paid family leave. Employers in these areas and elsewhere should begin to plan for a likely rise in the number of employees taking family leave, as similar measures may well be adopted in more states in the near future, say Robin Samuel and Amy Kett at Hogan Lovells.

  • Insurers Shouldn't Overreach In Gov't Investigations

    Nicholas P. Basco

    Insurance companies should be careful not to coordinate too closely with state agencies when assisting on insurance fraud investigations, so as to prevent possible civil rights and constitutional claims from individuals who may be investigation targets, like in Patel v. Allstate at the Third Circuit, says Nicholas Basco at Bressler Amery & Ross PC.