New Jersey

  • July 28, 2014

    NJ High Court To Hear Solar Contractor's $50M Lien Effort

    The New Jersey Supreme Court will consider the enforceability of liens issued against municipal financing, agreeing Monday to hear a company blocked from issuing liens on over $50 million in financing for a public solar project because county improvement authorities are statutorily exempt from liens.

  • July 28, 2014

    3rd Circ. Denies Federal Preemption Of NJ Wage Law

    The Third Circuit on Monday revived a suit challenging benefits that carpenters received for their work on Revel Casino Hotel by finding that a New Jersey prevailing wage law isn't completely preempted by federal laws covering benefit plans and labor contracts.

  • July 28, 2014

    Feds Won't Join Princeton Rail Station Relocation Case

    A community group determined to save a historic Princeton, New Jersey, rail station vowed Monday to keep fighting to stop Princeton University from rerouting a local commuter train route, despite the U.S. Surface Transportation Board ruling that the matter is outside its purview.

  • July 28, 2014

    CMS Expands Wheelchair Fraud Prevention Program

    The Centers for Medicare and Medicaid Services on Monday said it's expanding its fraud prevention pilot program for motorized wheelchairs to 12 more states in the coming months, saying the demonstration has already proved successful in seven states.

  • July 28, 2014

    GSK, Teva Fight FTC Bid To Join Lamictal Args In 3rd Circ.

    GlaxoSmithKline PLC and Teva Pharmaceutical Industries Ltd. on Friday urged the Third Circuit to reject the Federal Trade Commission's request to participate in oral arguments in the Lamictal pay-for-delay litigation, saying the antitrust watchdog was not the "independent" observer it claimed to be.

  • July 28, 2014

    NJ High Court Says Cleanup Suits OK Without DEP Approval

    A party on the hook for a contaminated property doesn't need New Jersey's environmental regulator to finalize cleanup efforts or provide written approval of a remediation plan before suing for contribution under the state's Spill Compensation and Control Act, the state Supreme Court ruled Monday.

  • July 28, 2014

    Would-Be Trump Plaza Buyer To Recoup Funds In Escrow Suit

    A suit tied to the alleged mishandling of escrow funds for a collapsed deal to buy the Trump Plaza Tower East hotel in Atlantic City was settled in Florida federal court on Friday with the would-be buyer securing $920,000 from some of the defendants.

  • July 28, 2014

    NJ AG Sues Co. For Selling Bogus Appliance Warranties

    New Jersey's attorney general has filed suit in state court against a company that allegedly induced customers to purchase repair coverage for their major appliances then denied claims under the policies, forcing consumers to cover the repairs out-of-pocket, according to a complaint released Monday.

  • July 25, 2014

    Ex-NJ Water Official Cops To Hiding Contamination

    A former high-ranking official with a New Jersey water agency pled guilty on Friday to participating in a scheme to rig water quality tests and hide contamination by a probable carcinogen, Acting Attorney General John Hoffman said.

  • July 25, 2014

    3rd Circ. Lets Morgan Lewis Withdraw From 30-Year-Old Suit

    The Third Circuit on Friday granted Morgan Lewis & Bockius LLP permission to withdraw from representing a Turkish weapons maker in a contentious product liability suit 29 years after the firm’s initial request, clarifying guidelines for evaluating withdrawal motions.

  • July 25, 2014

    High Court Urged To Nix $9.2M Attys' Fee In VW Settlement

    A class member in a consolidated suit against Volkswagen of America Inc. over leaky sunroofs told the U.S. Supreme Court that the Third Circuit and a magistrate judge shouldn't have approved a $9.2 million attorneys' fee award, according to a filing made available Friday.

  • July 25, 2014

    Urban, Insurer Urge 3rd Circ. To Revive IP Coverage Appeal

    Urban Outfitters and OneBeacon America Insurance Co. on Thursday urged the Third Circuit to reconsider whether they could yet appeal a decision that Hanover Insurance Co. didn’t have to defend the retailer in a Navajo Nation copyright suit, saying the court has held that such rulings are immediately appealable.

  • July 25, 2014

    NJ Makes Affordable Housing Contract Public In Doc Row

    Compelled by a court order, New Jersey Gov. Chris Christie's administration and Rutgers University on Friday fully disclosed a contract with a Rutgers professor to help develop the state's recently proposed affordable housing rules, according to a housing advocacy group that sued to make the document public.

  • July 25, 2014

    Diacetyl Plaintiffs Ask High Court To Review 3rd Circ. Ruling

    Plaintiffs in a class action claiming they were harmed by exposure to food coloring chemical diacetyl have asked the U.S. Supreme Court to review a Third Circuit ruling that Aaroma Holdings LLC cannot be held liable because it purchased those assets from now-bankrupt Emoral Inc., saying the decision sets a dangerous precedent.

  • July 25, 2014

    Bankrupt Kid Brands Seeks To Get $1.35M For IP From Rival

    Bankrupt nursery-products maker Kid Brands Inc. asked a New Jersey judge Thursday for permission to sell brand names like Tiddliwinks, Kids Line, and Perfect Bum to Crown Crafts Infant Products Inc. for $1.35 million.

  • July 25, 2014

    NJ Atty And His Mother Can't Nix $1.2M Arbitration Ruling

    A New Jersey attorney and his mother, a real estate broker, were hit with a $1.2 million arbitration judgment after a state judge said that they failed to justify missing arbitration proceedings over allegedly inducing a Russian citizen into a series of fraudulent investments.

  • July 25, 2014

    Star-Ledger Publisher Sells 177K SF Newark HQ

    New Jersey newspaper The Star-Ledger has sold its 177,000-square-foot headquarters in Newark to real estate investment and development firm Maddd Equities LLC for an undisclosed price, the paper said late on Thursday.

  • July 24, 2014

    NJ Superior Court Hit With Disability Bias Suit

    The New Jersey Judiciary was hit Wednesday with a disability bias suit by a courtroom clerk at Camden, New Jersey’s Superior Court who said she faced reprisal when she complained about the rescission of reasonable accommodations allowing her to work despite a chronic nerve condition.

  • July 24, 2014

    NJ Law Firm Adds Named Partner With Maloof Lebowitz Split

    Insurance defense expert Jack Maloof, a named partner with Maloof Lebowitz Connahan & Oleske PC, will depart the firm with two associates to join New Jersey-headquartered Braff Harris & Sukoneck, which will soon become Braff Harris Sukoneck & Maloof, attorneys said Thursday.

  • July 24, 2014

    RE Rumor Mill: Ben Shaoul, Flipkart, New York Wheel

    Magnum Real Estate's Ben Shaoul has reportedly secured $71 million for a dormitory construction project, while Flipkart is said to be eyeing a massive lease in Bangalore and the New York Wheel has reportedly received $150 million in EB-5 funding.

Expert Analysis

  • Watch Out For The 'Man In The Email'

    Susan Linda Ross

    Retailers, when is the last time you spoke with your bank about security? Now may be a good time, according to the FBI and the Internet Crime Complaint Center. A new email scam has been targeting CTOs, CFOs and comptrollers in particular, says Sue Ross of Norton Rose Fulbright.

  • Courts Line Up Behind 3rd Circ.'s Ascertainability Logic

    Tracey Ehlers

    Federal courts, particularly those following Third Circuit precedent, are paying more attention to the ascertainability of class members and companies in the food and beverage industries — where consumers do not typically retain receipts — should take note when challenging class certification, say attorneys at Nixon Peabody LLP.

  • Your State Contract May Prohibit Offshore Outsourcing

    Merle DeLancey

    A recent report from the U.S. Department of Health and Human Services Office of the Inspector General resurfaced the issue of offshoring restrictions in the context of Medicaid contracts. This easily overlooked issue has been percolating to the top of the list for government agencies, state attorneys general and, perhaps, qui tam plaintiffs’ attorneys, say attorneys with Dickstein Shapiro LLP.

  • Common-Enterprise Theory And Wyndham Data Security Case

    Archis Parasharami

    For the past two years, a federal court in New Jersey has considered important data security issues in the Federal Trade Commission v. Wyndham Worldwide Corp. litigation. Two recent opinions issued by the court now have brought that case back into the news — and made clear that the stakes are as high as ever, say Archis Parasharami and Stephen Lilley of Mayer Brown LLP.

  • Lines Drawn In Tesla Direct Sales Battle

    Robert A. Zinn

    Given Tesla’s current tiny share of the U.S. auto market, the debate over Tesla’s direct sales to consumers may seem like much ado about nothing. But the direct sales model is also being studied by both new Chinese automakers and mainstream U.S. and global manufacturers as they plan their future U.S. marketing strategies, says Robert Zinn of Carlton Fields Jorden Burt LLP.

  • Handling Hurricane Insurance Claims Post-Sandy

    Christopher C. Loeber

    With the second anniversary of Superstorm Sandy approaching, if a company has not resolved all of its Sandy-related claims by October the opportunity could be lost forever, say Christopher Loeber and Michael DiCanio of Lowenstein Sandler LLP.

  • An Inventive Way To Remove Pure State Court Claims

    Michael E. Blumenfeld

    Nondiverse state court defendants facing purely state law claims that seek to secure federal jurisdiction should determine whether a good faith basis exists to pursue a third-party action against a federal actor in order to trigger the representative U.S. Attorney’s certification and remove such claims under the Westfall Act, say Michael Blumenfeld and Jonathan Singer of Miles & Stockbridge PC.

  • Minimum Wage Mania Among Cities And States

    James S. McNeill

    The trend of indexing minimum wage increases to the Consumer Price Index will have significant, long-term implications for states and municipalities, telling us two things: minimum wage rates will likely continue to rise annually and will bring with them an increase in potential wage liability exposure for employers, say James McNeill and Peter Stockburger of McKenna Long & Aldridge LLP.

  • OPINION: Let's Financially Reward Law Firm Diversity

    Patricia K. Gillette

    It only took the threat of a 10 cent cost increase to make people bring their own bags to Bay Area grocery stores. What if we gave partners an extra $10,000 for increasing diversity in their firms? asks Orrick Herrington & Sutcliffe LLP partner Patricia Gillette.

  • Northeastern States Push To Keep Fracking Waste Out

    Caroline Toole

    Across a patchwork of regulation among northeastern states, the disposal of waste generated from hydraulic fracturing — including potential radiation issues — will no doubt continue to be a focus of regulators, industry and waste-disposal companies as fracking operations grow across the U.S., says Caroline Toole of Weil Gotshal & Manges LLP.