New Jersey

  • 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 case about a municipal waste contract, which questioned 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 makers’ 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.

  • July 31, 2015

    2 Indicted Over Michaels Credit Card Skimming Scheme

    Two California residents have been federally indicted in New Jersey for allegedly participating in a scheme to steal credit and debit card information from 94,000 Michaels Stores Inc. customers in 19 states, prosecutors said Thursday.

  • July 30, 2015

    Texas Men Get Prison In $12M Scarfo-Led Scheme

    Two Texas brothers convicted for their roles in a $12 million Mafia-led extortion takeover that forced a mortgage lender's bankruptcy were sentenced to prison Tuesday in federal court in New Jersey, U.S. Attorney Paul Fishman announced.

  • July 30, 2015

    Judge To Rule On $225M NJ Exxon Mobil Deal In August

    The decision to approve or reject New Jersey's proposed $225 million payout from Exxon Mobil Corp. to settle natural resource damage claims will wait another month because there's “a lot to consider,” a judge said Thursday after six hours of testimony by the deal's advocates and opponents.

  • July 30, 2015

    NJ Justices Avoid Tumult By OK'ing Recall Of Retired Judges

    New Jersey's wide use of retired judges to address vacancies can continue thanks to a state Supreme Court decision Thursday finding the law authorizing the practice is constitutional, a ruling observers say underscores the tough task of overturning statutes and prevents a quagmire of worsened case backlogs.

  • July 30, 2015

    NJ High Court To Mull COLA Funding For Public Workers

    The New Jersey Supreme Court on Thursday said it would review an appellate court's finding that vested and retired employees in the state's pension systems have a contractual right to cost-of-living adjustments, a decision challenged by Gov. Chris Christie that potentially jeopardizes a 2011 suspension of those payments.

  • July 30, 2015

    NJ Appeals Court Favors Kinko's In Tax Refund Row

    A New Jersey appellate court on Thursday ruled that the director of the state’s Division of Taxation erred when denying Kinko’s Network Inc.’s refund request in connection to a 2006 deficiency assessment, saying the refund was well within the scope of the division’s audit.

  • July 30, 2015

    Cecil The Lion's Death Spurs Talk Of Game Trophy Airport Ban

    A New Jersey lawmaker on Wednesday responded to the “tragic demise” of Cecil — a beloved African lion hunted down in Zimbabwe by a Minnesota man in early July — by proposing legislation to ban the transport of game trophies of threatened or endangered species through New York and New Jersey's major airports.

  • July 30, 2015

    Polluted Site's Owner Can Reboot Suit Against NJDEP

    A New Jersey appeals court Thursday gave CD&L Realty LLC another shot at suing the state Department of Environmental Protection to take action against the previous owner of a contaminated industrial property that CD&L purchased in 2000.

  • July 30, 2015

    3rd Circ. Upholds Class Cert. In PNC Lending Scheme Suit

    The Third Circuit on Wednesday affirmed the certification of a nationwide litigation class of individuals suing PNC Bank NA, which acquired a smaller bank accused of helping facilitate an illegal home equity lending scheme, finding PNC's challenge to issues of commonality and other certification criteria unpersuasive.

  • July 30, 2015

    Chiesa Shahinian Adds Environmental Law Pro

    Chiesa Shahinian & Giantomasi PC announced Monday it has brought on a former Sedita Campisano & Campisano LLC partner with expertise on matters of environmental law, brownfields redevelopment, site remediation and regulatory compliance as a member in its West Orange, New Jersey, office.

  • July 29, 2015

    Final Thalidomide Claim Is Time-Barred, GSK Tells 3rd. Circ.

    GlaxoSmithKline LLC asked the Third Circuit on Wednesday to uphold a Pennsylvania court's finding that Hagens Berman Sobol Shapiro LLP's last client standing in litigation over the 1950s morning sickness drug Thalidomide was too late in bringing her suit, after the firm was previously sanctioned over obviously time-barred claims.

  • July 29, 2015

    PSE&G Sued Again Over Deadly NJ Explosion

    Public Service Electric and Gas Co. and a utility maintenance contractor face another lawsuit in a New Jersey court over a deadly explosion last year, this one by a couple claiming the defendants' negligence destroyed their home and caused physical and psychological harm.

Expert Analysis

  • 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.

  • REBUTTAL: The Problem With 3rd-Party Litigation Financing

    Lisa Rickard

    Manipulating gender disparity in the service of hawking a flawed investment product does nothing but trivialize a serious and important issue. The tortured logic in Burford Capital LLC’s recent plug for third-party litigation financing is nothing more than a marketing ploy to boost revenues, says Lisa Rickard, president of the U.S. Chamber Institute for Legal Reform.

  • Recent Lessons In D&O Fee Advancement And Indemnification

    David L. Goldberg

    A Third Circuit decision in IP theft case Aleynikov v. Goldman Sachs Group Inc. and the Delaware Chancery Court’s ruling in insider trading suit Holley v. Nipro Diagnostics Inc. have raised important issues regarding fee advancement bylaws. For one, a litigant will not be considered an “officer” simply based on his or her title, say attorneys with Katten Muchin Rosenman LLP.

  • Bees Getting Stung: Law And Science Uncertain, Food At Risk

    Telisport W. Putsavage

    With a new U.S. national strategy to promote the health of pollinator species such as bees, it will be important to compare it to the EU strategy, both in the attainment of goals to be reached and the mitigation of negative impact to the agricultural industry, says Telisport Putsavage, counsel with Sullivan & Worcester LLP and former assistant attorney general at the Maryland Department of the Environment.