New Jersey

  • October 5, 2015

    NJ Senators Call For AG Probe Of Horizon Tiered Plans

    New Jersey lawmakers on Monday called on the state Attorney General to investigate Horizon's plans for a new tiered coverage program and establish a permanent oversight mechanism to ensure its transparency, which they argue has been sorely lacking.

  • October 5, 2015

    Supreme Court Rejects Row Over Jim Thorpe's Remains

    The U.S. Supreme Court declined Monday to hear a dispute on how the remains of sports legend Jim Thorpe should be handled, which means the remains will stay in Pennsylvania for now against the wishes of his two surviving sons and his tribe in Oklahoma.

  • October 5, 2015

    Prudential Hit With Contract Suit Over New $444M NJ Tower

    Skanska USA Building Inc. has sued Prudential Financial Inc. for allegedly breaching construction management and price contracts surrounding the insurance giant's new $444-million, 20-story office tower in Newark, N.J., contending that it hasn't been properly paid.

  • October 5, 2015

    Drivers Fight Feds’ Stay Request In GW Bridge Class Actions

    Drivers and transportation companies engaged in consolidated class actions over the George Washington Bridge scandal don’t think the federal government should be able to halt the proceedings just yet, telling a New Jersey federal judge Monday the case should at least continue through the pleading stage.

  • October 5, 2015

    Greyhound Escapes Ex-Driver’s Bias Suit Over Dreadlocks

    The Third Circuit on Monday refused to revive a suit accusing Greyhound Lines Inc. of discriminating against a former driver who claimed that the company retaliated against him because he wore his hair in dreadlocks, which allegedly violated Greyhound policy.

  • October 5, 2015

    Justices Won't Hear Union Boss' Sealed FBI Affidavit Case

    The U.S. Supreme Court on Monday declined to hear an appeal from a Pennsylvania union boss seeking to overturn a Third Circuit decision rejecting his petition to seal in state court a federally sealed FBI affidavit used to defend the Philadelphia Inquirer against his libel suit.

  • October 5, 2015

    SEC Points To Menendez Decision In House Subpoena Fight

    The U.S. Securities and Exchange Commission told a New York federal judge Monday that a decision ordering U.S. Sen. Robert Menendez to face most of a criminal corruption case shows the agency can question a former House Ways and Means Committee aide in a health care insider-trading probe.

  • October 5, 2015

    Skating Group Blasts NJ Olympian In Contract Row

    The Israel Ice Skating Federation has objected to a trial court’s release of a New Jersey-based Olympic skater from her contract, arguing that the judge’s decision flouted the statutes of the International Skating Union and circumvented its authority to rule on the matter.

  • October 5, 2015

    Jury Clears 4 Out Of 5 In NJ Tax Lien Bid-Rigging Case

    A federal jury on Friday returned verdicts of “not guilty” for four out of five defendants accused of violating the Sherman Act by rigging the bid process for tax lien auctions in New Jersey between 1998 and 2009, finding one New Jersey-based independent contractor guilty of conspiracy.

  • October 5, 2015

    NJ Devils Ticket Holders Ask For An Assist In Resale Suit

    Two New Jersey Devils fans asked a New Jersey federal judge on Friday to deny the hockey team’s bid to ice their amended putative class action alleging the team didn't fulfill its obligation to renew season tickets and is trying to control the resale ticket market.

  • October 5, 2015

    Titanium Co. To Pay $1.5M To Clean NJ Plant

    Gloucester Titanium Co. has agreed to pay $1.5 million to the New Jersey Department of Environmental Protection to cover remediation costs resulting from discharges of hazardous substances from its Camden County plant near the Delaware River. 

  • October 5, 2015

    Kinder Morgan Companies Strike $20M MTBE Deal With NJ

    Companies under the umbrella of Kinder Morgan Inc. will pay $20 million to New Jersey to exit federal litigation in which dozens of companies have been accused of polluting state waters with methyl tertiary butyl ether, or MTBE, a gasoline additive, according to a notice in the state register on Monday.

  • October 5, 2015

    Supreme Court Won't Hear $2.7M Railway Seat Liability Row

    The U.S. Supreme Court on Monday declined to hear the appeal of both a manufacturer and refurbisher of seats on Canadian Pacific Railway trains that were found potentially liable for $2.7 million by the Third Circuit for supplying allegedly defective seats that led to train employee injuries.

  • October 5, 2015

    Supreme Court Rejects NJ Atty's $200M Meadowlands Appeal

    The U.S. Supreme Court has declined to hear the case of an attorney seeking to recoup millions for his role in developing a $2 billion New Jersey mall project in which he claims he was mistakenly labeled as a broker instead of a principal.

  • October 5, 2015

    Distiller Wants Out Of 'Handmade' Vodka Class Action

    The distiller of Tito’s Handmade Vodka on Friday said that a proposed class action disputing whether the spirit is actually “handmade” should be thrown out of New Jersey federal court because the plaintiffs have failed to state a claim under the state’s Consumer Fraud Act.

  • October 2, 2015

    Acacia Unit Settles Medical Patent Suits With CR Bard

    An Acacia Research Corp. unit said Friday it has settled litigation and reached a patent license agreement with C.R. Bard Inc. to resolve patent litigation in Delaware and New Jersey federal courts.

  • October 2, 2015

    NJ Staying Out Of Feds’ Bid To Halt Bridge Class Actions

    The New Jersey attorney general’s office won't fight prosecutors' bid to stay consolidated putative class actions over the George Washington Bridge scandal, saying Thursday it takes no position on U.S. Attorney Paul Fishman's arguments that a stay is necessary to protect the integrity of a related criminal proceeding.

  • October 2, 2015

    Genova Burns' Role Prompts Recusal In Oil Field OT Fight

    A New Jersey federal judge on Thursday recused himself from a putative labor class action against an oil field services company being represented by Genova Burns LLC, the same firm that is also representing his nephews as they fight against a murder-suicide determination on their parents' cause of death.

  • October 2, 2015

    NJ Transportation Commissioner To Step Down

    New Jersey's top transportation official is stepping down to pursue opportunities in the private sector, just one year after being appointed to the post, Gov. Chris Christie's office announced late Friday.

  • October 2, 2015

    USDOT To Streamline $20B Hudson River Tunnel Project

    Amtrak and federal and state agencies will push ahead with plans to build a new $20 billion passenger rail tunnel connecting New York and New Jersey, starting with an expedited environmental review, representatives for involved organizations confirmed Friday.

Expert Analysis

  • 3rd Circ. Reins In Damages For Disadvantaged Business Fraud

    David A. Vicinanzo

    Curtailing an aggressive loss theory that held defendants to more than the government’s loss in some fraud cases, the Third Circuit's recent decision in U.S. v. Nagle makes clear that when the government contracts for goods or services and receives them, the proper measure of loss is not the full value of the contract, say attorneys with Nixon Peabody LLP.

  • State AGs Vocal In New Supreme Court Term

    Joe Jacquot.jpg

    Justice Antonin Scalia often admits, “I’m a fed,” acknowledging that the U.S. Supreme Court is appointed, confirmed and vested with federal power. A critical counterbalance to that are state attorneys general, who uniquely, often singularly, come before the court to defend the interests of states. Here comes another big term for state AGs, says Joseph Jacquot, a partner with Foley & Lardner LLP and former deputy attorney general of Florida.

  • Like Neiman Marcus, Wyndham Is Not All It’s Cracked Up To Be

    John P. Hutchins

    Following the Third Circuit's recent decision in Federal Trade Commission v. Wyndham, commentators far and wide have predicted gloom and doom for those responsible for corporate data security. Certainly, the FTC’s self-proclaimed position as the “data breach police” was validated by the decision, but the formulation of a general standard for data security is no more certain now than it ever has been, says John Hutchins of LeClairRyan.

  • OPINION: Paul Harvey, RIP


    After recently hearing a young trial lawyer start his opening statement with the Paul Harvey approach, I feel motivated to set out the reasons why defense lawyers should not use this technique anymore, says Dr. Ross Laguzza of R&D Strategic Solutions.

  • OPINION: Have Big Law Firms Lost Their Way?

    Dennis R. Suplee

    My hope is that this article will not be seen as a rant by a senior trial lawyer. The truth is that some things get worse with the passage of time and it should be fair to comment upon such deterioration, says Dennis Suplee, a partner and former chairman of Schnader Harrison Segal & Lewis LLP.

  • 3rd Circ. Grants More Flexibility To Section 363 Buyers

    Lawrence V. Gelber

    A recent Third Circuit decision in the bankruptcy case of LifeCare Holdings Inc. could have a profound effect on the structure of Section 363 sales. Using escrows to pay certain constituencies with new cash while essentially freezing out similarly ranked or senior stakeholders stands in stark contrast to the limitations imposed on Section 363 acquirers, say Lawrence Gelber and James Bentley of Schulte Roth & Zabel LLP.

  • 3rd Circ. Supports Specifying Deadlines In ERISA Rows

    Robert P. Lesko

    Unless a motion is made and granted for rehearing, Mirza v. Insurance Administrators of America Inc. is binding law in the Third Circuit, and all denial letters under the Employee Retirement Income Security Act must include any plan-imposed suit limitation deadline, say Robert Lesko and Joshua Bachrach of Wilson Elser Moskowitz Edelman & Dicker LLP.

  • Shipping Act Preempts State Antitrust Law For 1st Time

    John Longstreth

    A New Jersey federal court's recent decision in the Vehicle Carrier Services Antitrust Litigation is important as a confirmation that federal preemption remains a viable defense to state-law antitrust claims, notwithstanding the U.S. Supreme Court’s decision in Oneok Inc. v. Learjet Inc., say John Longstreth and Allen Bachman of K&L Gates LLP.

  • Florida's Take On Telling Clients To Scrub Social Media Pages

    Brian M. Karpf

    Can lawyers advise clients to delete social media accounts? Change privacy settings to conceal prior posts? Clean up their postings in the future? On the heels of similar decisions in New York, North Carolina and Pennsylvania, a recent Florida Bar Professional Ethics Committee opinion offers insight into what crosses the line of spoliation of evidence, says Brian Karpf of Young Berman Karpf & Gonzalez PA.

  • 'Repealing' Vs. 'Authorizing' And The Future Of NJ Gaming

    Christopher L. Soriano

    New Jersey's most recent attempt to get around an unusual federal statute — that allows sports betting but prohibits states from authorizing it — by repealing all sports betting bans at casinos and racetracks was shut down by the Third Circuit, but it is unlikely that states will easily walk away from the potential to regulate, tax and benefit from a potential $380 billion market, says Christopher Soriano at Duane Morris LLP.