New Jersey

  • August 4, 2015

    Feds Followed Protocol In New H-2B Wage Rules, Court Hears

    The federal government on Monday again pushed to end a lawsuit in New Jersey federal court challenging its revamped methods for calculating prevailing wages paid to H-2B workers, arguing it followed proper procedure in issuing the new rule.

  • August 4, 2015

    Bayer Agrees To $57M Deal To End Yaz Blood Clot Suits

    Bayer Corp. has agreed to pay nearly $57 million to end a series of lawsuits across multiple federal and state jurisdictions over allegations that use of its birth control pills Yaz, Yasmin and Ocella resulted in strokes and heart attacks.

  • August 3, 2015

    NJ Local Governments Can't Shake DEP Land Buy

    The New Jersey Appellate Division has killed a Cumberland County challenge to the preservation of an industrial-zoned property, finding that the state Department of Environmental Protection was not required to promulgate regulations for state land acquisitions nor engage in a public process.

  • August 3, 2015

    NJ Foreclosure Firm Zucker Goldberg Files Chapter 11

    New Jersey foreclosure law firm Zucker Goldberg & Ackerman LLC  has followed through on its lead-up to bankruptcy, filing a Chapter 11 petition Monday that listed $11.5 million in assets eclipsed by liabilities of $53 million.

  • August 3, 2015

    Energy Co. Settles NJ's Consumer Fraud Suit For $554K

    A third-party energy supplier has agreed to pay more than $554,000 to settle New Jersey's lawsuit claiming the company lured customers away from utility companies with promised savings but then stuck them with vastly more expensive bills, New Jersey authorities announced Monday.

  • August 3, 2015

    Mott's Must Face NJ Worker's Sexual Harassment Claim

    The New Jersey Appellate Division has revived a hostile-work-environment-through-sexual-harassment claim against Mott's LLP by a former employee who says four male co-workers inappropriately touched her and berated her while she was a temporary worker for the applesauce and juice manufacturer.

  • August 3, 2015

    3rd Circ. Axes Class Action Over MERS Deed Recording

    A putative class action accusing MERSCORP Inc. of bypassing a Pennsylvania law requiring the registration of deeds and payment of fees to county officials was axed Monday as a Third Circuit panel ruled that the statute in question did not require all mortgage transfers to be recorded.

  • August 3, 2015

    Hedge Funds Hit NJ Auditor With $75M Malpractice Suit

    Two investment funds have sued Rothstein Kass & Co. PC for at least $75 million, claiming the New Jersey auditing firm committed accounting malpractice by failing to properly scrutinize overblown valuations of their assets.

  • August 3, 2015

    NJ Announces Repeal Of Cap-And-Trade Regulations

    New Jersey Gov. Chris Christie's administration has rejected concerns from environmentalists and formally repealed cap-and-trade regulations tied to the state's former participation in a regional greenhouse-gas reduction pact, according to a notice Monday.

  • August 3, 2015

    Broker Can't Escape $4M Life Insurance Fraud Suit

    A New Jersey federal judge on Friday rebuffed an insurance broker's bid to escape Pruco Life Insurance Co.'s suit alleging that she fraudulently acquired a $4 million life insurance policy with the intention of selling it to a third-party investor, holding that Pruco's claims are adequately pled and are not time-barred.

  • August 3, 2015

    Wyndham Says FTC Wrong About 7th Circ. Neiman Decision

    Wyndham Worldwide Corp. told the Third Circuit on Friday that its customers didn’t suffer any injury from multiple data breaches under a standard applied by the Seventh Circuit in a separate case involving credit card information stolen from Neiman Marcus, claiming the U.S. Federal Trade Commission has misinterpreted that ruling.

  • August 3, 2015

    3rd Circ. Won't Rethink Sprint, T-Mobile Win In NJ Zoning Row

    The Third Circuit on Friday refused to reconsider an appeal from Paramus, New Jersey, zoning officials challenging its finding that they violated the 1996 Telecommunications Act when they denied Sprint Spectrum LP and a unit of T-Mobile USA Inc. permission to build a cellphone service-boosting monopole.

  • July 31, 2015

    NJ Appeals Court Pares Ex-Police Chief's Conviction

    A New Jersey appeals panel ruled Friday a former Bergen County police chief and former Democratic assemblyman convicted of meddling in cases involving a former girlfriend and her son is cleared of an insurance fraud charge and can be retried on an official misconduct charge due to a prosecutor's improper comments about his political ties.

  • July 31, 2015

    NJ Judge Looks To Spur 'Silent' Sandy Flood Plaintiffs

    A New Jersey federal judge overseeing Hurricane Sandy "Write Your Own" and Federal Emergency Management Agency direct case dockets is upping the pressure on flood plaintiffs to participate in an ongoing, full-bore settlement effort or make clear that they are opting out.

  • July 31, 2015

    NJ Justices Won't Review Waste Contract Dispute After All

    The New Jersey Supreme Court has backpedaled on its decision to review Mercer County Improvement Authority's battle over a municipal waste contract, centering on whether a lower bidder's opinion letter represented a material deviation that allowed the MCIA to reject its bid.

  • July 31, 2015

    Mitsubishi Fuso Can't Shake Truck Engine Defect Claims

    A Florida grocery store chain’s putative class action alleging emission controllers in Mitsubishi Fuso Truck of America’s truck engines were defective survived Thursday when a New Jersey federal judge denied most of the truck maker’s motions to strike class allegations and breach of warranty claims.

  • July 31, 2015

    'Housewives' Star Shifts Suit Against Bankruptcy Atty To NJ

    An incarcerated star of "The Real Housewives of New Jersey" has relaunched a malpractice suit against her former bankruptcy attorney in the Garden State, contending in a beefed-up complaint that his alleged mishandling of her Chapter 7 case with her husband exposed her to criminal charges and prison.

  • July 31, 2015

    NJ Devils Ticket Holders Get Another Shot On Resale Suit

    A New Jersey federal judge on Thursday denied the New Jersey Devils' motion to dismiss a putative class action claiming the team is trying to control the market for game tickets, to allow the plaintiffs to file an amended complaint bringing breach of contract claims against the team.

  • July 31, 2015

    3rd Circ. Urged To Revive $26M Healthfirst Repayment Suit

    A New Jersey hospital urged the Third Circuit on Thursday to reverse the dismissal of its suit against health care provider Healthfirst Inc. seeking $26.3 million in unpaid government-assisted medical claims, arguing that the federal court shouldn’t have had jurisdiction and it incorrectly interpreted a state health care law.

  • July 31, 2015

    1.6M Mercedes Drivers Seek Class Cert. In Faulty Rims Suit

    A proposed class of approximately 1.6 million drivers accusing Mercedes-Benz USA LLC of using defective rims and refusing to cover the repair costs under its warranty urged a New Jersey federal judge on Thursday to grant them nationwide certification, arguing the suit hinges on a common issue.

Expert Analysis

  • 3rd Circ. Expands Exception To Shareholder Proposal Rule

    Brian V. Breheny

    Instead of adhering to the U.S. Securities and Exchange Commission's long-standing interpretation of the “ordinary business exclusion,” the Third Circuit in Trinity Wall Street v. Wal-Mart Stores Inc. took a slightly different approach, providing companies with a broader basis for excluding certain shareholder proposals, say former SEC staff members now with Skadden Arps Slate Meagher & Flom LLP.

  • NJ Finally Joins Trend: Consequential Damage Is Covered

    Frederic Giordano

    Over the past decade, courts have wrestled with the issue of whether consequential damage caused by a subcontractor’s faulty workmanship constitutes “property damage” caused by an “occurrence” under commercial general liability policies. In Cypress Point Condominium Association Inc. v. Adria Towers LLC, New Jersey has sided with the majority, say Frederic Giordano and Robert Pawlowski at K&L Gates LLP.

  • Will 3rd Circ. Be Next To Ban ‘Equitable Mootness’?

    Bruce D. Buechler

    Amid various circuits' movement away from the equitable mootness doctrine, a recent decision in the Chapter 11 case of One2One Communications LLC cries out for the Third Circuit to reconsider the equitable mootness portion of Continental Airlines en banc, say Bruce Buechler and Cassandra Porter of Lowenstein Sandler LLP.

  • Craft Beer's Growth Is Causing Congress To Brew Reforms

    Matthew P. McLaughlin

    In response to the craft beer industry's explosive growth, national policy surrounding alcohol regulatory reform has been one of modernization, not the elimination of three-tier distribution systems and state franchise laws. However, while some states have embraced this trend in a positive manner, others have been extremely resistant to change, says Matthew McLaughlin of Baker Donelson PC.

  • OPINION: On Porous Borders

    Judge Eliza Klein

    Since 2008, funding of the border patrol has doubled. Meanwhile, funding of the immigration courts has stagnated. The case load has grown from slightly less than 263,000 cases nationwide to slightly more than 450,000 — over 2,000 cases per judge. We must do better, says Judge Eliza Klein, of counsel to Gil Law Group and a former immigration court judge for more than 20 years.

  • Not-For-Profit Property Tax Exemption In NJ: Not For Long

    Richard F. Ricci

    Two recent decisions from the New Jersey Tax Court may prove problematic for nonprofit organizations currently relying on the state’s property tax exemption statute, say Richard Ricci and Sean Collier at Lowenstein Sandler LLP.

  • And Now A Word From The Panel: The Rocket Docket!

    Alan Rothman

    As we celebrate the 46th anniversary of mankind’s first walk on the moon, this month’s column tracking the Judicial Panel on Multidistrict Litigation appropriately explores the impact of the “rocket docket” on the selection of an MDL venue. We have discussed various venue selection factors, but is the perceived speed with which a district handles cases relevant? asks Alan Rothman of Kaye Scholer LLP.

  • 3rd Circ. Gives EPA Broad Discretion In Chesapeake Bay

    Laura Wolff

    By ruling in favor of the U.S. Environmental Protection Agency in American Farm Bureau Federation v. EPA, the Third Circuit gave the agency wide latitude in using the Total Maximum Daily Load process to regulate nonpoint sources of pollution, which typically are regulated by the states, say Laura Wolff and Marc Bruner of Perkins Coie LLP.

  • Absent Class Members And Constitutional Standing

    Christopher J. Michie

    Will the decision in Neale v. Volvo Cars of North America LLC cause district courts to adopt a more relaxed view of the injury requirement in terms of the predominance analysis in class action certification? It is here that the Third Circuit’s discussion of the Comcast decision presents the potential for misinterpretation, says Christopher Michie of Clark Michie LLP.

  • Sigelman FCPA Trial Won't Affect DOJ Strategy

    Michael Volkov

    In the aftermath of the Foreign Corrupt Practices Act trial of former PetroTiger Ltd. CEO Joseph Sigelman, FCPA commentators are hyperventilating about “trends” and “lessons.” But there is not much to be learned from the federal prosecutors' loss — what happened at trial is nothing more than a regular occurrence in our criminal justice system, says Michael Volkov, CEO of The Volkov Law Group LLC and a former federal prosecutor.