New Jersey

  • August 31, 2015

    Prudential Investors Win Cert. In Unpaid Policy Suit

    A New Jersey federal judge on Monday certified a class of Prudential Financial Inc. shareholders who claim that when the insurer revealed it had held onto money that should have been paid to policy beneficiaries or state unclaimed property funds, its stock values tumbled, harming investors.

  • August 31, 2015

    NJ Must Refund $32M Medicaid Payments For Deficient Claims

    New Jersey owes the U.S. Department of Health and Human Services $32.2 million for unallowable Medicaid reimbursements for personal care services claimed between August  2008 and December 2011, according to an audit report released Monday by the agency’s Office of the Inspector General.

  • August 31, 2015

    Skadden Guides Amicus Therapeutics' $590M Biopharm Buy

    Skadden Arps Slate Meagher & Flom LLP is advising biotech company Amicus Therapeutics in its acquisition of Scioderm Inc., a company dedicated to finding therapies for rare diseases, which Amicus says could be worth up to $590 million, according to a statement released Monday.

  • August 31, 2015

    Owner Of NJ Title Co. Cops To $8M Theft Of Mortgage Funds

    The owner of a defunct title company pled guilty in New Jersey on Monday to pilfering $7.7 million from real estate closings to bankroll the operating losses of his business and personal expenses ranging from travel to rent, state authorities said.

  • August 31, 2015

    FEMA’s Rushed Sandy HQ Cost An Extra $1.5M, Report Says

    The Superstorm Sandy response headquarters in New Jersey generated an extra $1.5 million in costs due to poor planning on the part of the Federal Emergency Management Agency, according to a report released Monday by the Department of Homeland Security's Office of Inspector General.

  • August 31, 2015

    Exelon, Pepco Intent On Merger Despite DC Veto

    Exelon Corp. and Pepco Holdings Inc. stressed their disappointment Monday with the D.C. Public Service Commission’s rejection of the utilities' $6.8 billion merger, saying they are undeterred and will still seek to complete the proposed tie-up.

  • August 31, 2015

    Elevator Co. Gets New Try To Trim $8M Injury Award

    A New Jersey appeals court on Monday revived an elevator company's bid to slash an approximately $8 million jury award for a worker who blamed a service elevator accident for ailments including erectile dysfunction, stating that a fuller analysis was required on whether the award is excessive.

  • August 31, 2015

    NCAA Can't Stop Discovery In Sex Bias Suit, Athletes Say

    A putative class of college athletes told a New Jersey federal judge on Saturday that discovery should move forward in their case accusing the National Collegiate Athletic Association of discriminatory policies toward female athletes, despite the NCAA’s arguments that the amended complaint should be tossed.

  • August 31, 2015

    NJ Court Upends Doc Release In Rutgers Bias Suit

    Rutgers University on Monday won the reversal of a ruling forcing it to produce dozens of internal affairs files in the discrimination and wrongful termination suit of a former campus police officer, with an appeals court finding that the trial judge didn't properly consider confidentiality concerns.

  • August 31, 2015

    OneBeacon Fights $5.4M Olin Cleanup Award At 2nd Circ.

    OneBeacon American Insurance Co. appealed to the Second Circuit on Friday a New York federal judge’s order to pay Olin Corp. $5.4 million for an environmental cleanup site in New Jersey, the same day he declined to reconsider the award or OneBeacon’s jury trial request.

  • August 28, 2015

    ADP Readies $2B Bond Offer, Boosts Buyback

    New Jersey-based Automatic Data Processing Inc. on Friday said it is planning a $2 billion debt offering, which will be followed by an increase of 25 million shares to the company’s buyback authorization, as the payroll software giant rejiggers its capital structure.

  • August 28, 2015

    Litigation Mounts For PSE&G After Deadly NJ Explosion

    Another negligence lawsuit has added to the mounting litigation Public Service Electric and Gas Co. and a utility maintenance contractor are facing over deadly explosion in New Jersey last year, this one by a couple who claims the blast cost them their pet dog, all of their possessions and their jobs.

  • August 28, 2015

    NJ Toy Co. Faces Whistleblower Suit From Ex-Sourcing Worker

    A former sourcing employee for a New Jersey-based toy manufacturer and distributor has slapped the company with a whistleblower suit in state court, claiming he was wrongly fired for speaking out about alleged choking-hazard and audit violations.

  • August 28, 2015

    3rd Circ. Says Qualcomm Shareholder Vote Was Authorized

    Qualcomm Inc. remained free of claims that company executives weren’t authorized to slate a tax-friendly amended stock bonus plan for a shareholder vote, with the Third Circuit ruling Friday that the board had delegated “broad powers” to the executives to oversee such plans.

  • August 28, 2015

    International Cos. Escape Vehicle Shipping Price-Fixing MDL

    A New Jersey federal judge on Friday dismissed multidistrict litigation alleging that a number of international shipping companies had conspired to stifle competition and inflate prices for transporting vehicles, ruling the claims weren’t actionable under U.S. federal law.

  • August 28, 2015

    NJ Court Revives Nurse's Disability Bias Claim In Split Ruling

    A nurse came out on the winning end of a rare split decision from the New Jersey Appellate Division on Friday that revived her disability discrimination suit against Saint Clare's Health System and found no clear evidence that she couldn't perform her job.

  • August 28, 2015

    Baker Donelson Guides $200M Monmouth REIT Credit Deal

    Baker Donelson Bearman Caldwell & Berkowitz PC represented Monmouth Real Estate Investment Corp. in its new credit arrangement, worth as much as $200 million, with a trio of banks led by BMO Capital Markets, according to a regulatory filing on Friday by the New Jersey-based real estate investment trust.

  • August 28, 2015

    NJ Appeals Court Says Rail Embankment Tax Sale Not Fraud

    A New Jersey appellate court on Friday said the purchase of tax sale certificates for a series of properties along a contested Jersey City rail line embankment was not fraudulent and followed the letter of the law, in a reversal of a lower court’s decision.

  • August 28, 2015

    5 Dos And Don'ts For Employers After NJ's Ethicon Ruling

    A recent New Jersey Supreme Court decision that the state's whistleblower law covers watchdog employees in performing their regular duties has employers fearing more suits, but there are ways to ensure companies are protected when a firing blows up into litigation. Here, experts provide tips for employers in the state.

  • August 27, 2015

    NJ High Court Lifts Roadblock For Abused Immigrant Kids

    The New Jersey Supreme Court ruled Wednesday that family courts can only make factual findings regarding special immigrant juvenile status for abused or neglected kids, but stopped short of interpreting a key statute regarding the child’s potential reunification with a parent.

Expert Analysis

  • What Out-Of-Staters Must Know When Hiring Local NJ Counsel

    Christopher P. Massaro

    Modern business is borderless and it is inevitable that clients will get sued in jurisdictions other than their “home” state, often where their in-house counsel or primary law firm is ill-equipped to handle the litigation without assistance. With an eye on avoiding ethical dilemmas, Cole Schotz PC attorneys Christopher Massaro and Neoma Ayala discuss the relevant rules and procedures unique to New Jersey.

  • 3rd Circ. Writes A Road Map For Cybersecurity Practices

    Tracy E. Miller

    The Third Circuit's analysis in Federal Trade Commission v. Wyndham Worldwide Corp. of applicable standards for Section 5 enforcement under the Federal Trade Commission Act and the court's discussion of specific shortcomings in Wyndham’s security safeguards create a road map for companies to assess their own practices in the face of mounting cybersecurity threats and clear affirmation of the FTC’s regulatory authority, say Tracy Mi... (continued)

  • Equitable Mootness May Be Alive And Well In 3rd Circ.

    Bruce D. Buechler

    In a recent Third Circuit opinion in the case of Tribune Media Co., Judge Thomas Ambro authored a concurrence that appears to imply that Third Circuit Judge Cheryl Krause’s opinion in One2One Communications LLC calling for the overturning of the equitable mootness doctrine is not shared, says Bruce Buechler of Lowenstein Sandler LLP.

  • Successor Liability In Calif.: Where To Point The Finger

    Richard M. Williams

    When one product manufacturer or distributor acquires another, which party should assume the existing debt and/or ongoing liabilities — the buyer or the seller? Originating in California and adopted in four other states, the product line successor exception is one way to answer that question, says Richard Williams at Gray Duffy LLP.

  • 5 Reasons State Compliance With Clean Power Plan Is Easy

    John Bernetich

    The dire forecast from the group of 15 states that filed an emergency petition seeking a stay of the Clean Power Plan is greatly exaggerated. The final rule allows significant flexibility to utilities and states, and much of the legal infrastructure necessary for states to comply with the final rule is already in place throughout the country, say Ayres Law Group LLP's John Bernetich and Richard Ayres, co-founder of the Natural Reso... (continued)

  • NJ High Court Refuses To Expand Nuisance, Trespass Law

    John DiChello Jr.

    In Ross v. Lowitz, the New Jersey Supreme Court reinforced the traditional boundaries used to define private nuisance and trespass under state law, while insulating landowners from strict liability in those circumstances. Simply put, a party is not absolutely liable simply because his or her underground storage tank leaked a substance onto another’s property, says John DiChello Jr. of Blank Rome LLP.

  • King Drug May Chill Voluntary Resolution Of IP Disputes

    Benjamin Wanger

    There is serious danger in allowing third-party antitrust challenges to voluntary resolutions of intellectual property disputes. While we understand the rationale of Actavis concerning why a reverse payment settlement might be ripe for scrutiny, the Third Circuit's recent decision in King Drug illustrates that Actavis places IP disputes on a slippery slope, say Carl Schaerf and Benjamin Wanger of Schnader Harrison Segal & Lewis LLP.

  • No More Conflict In NJ Over CAFA Amount In Controversy

    Jeffrey H. Newhouse

    Alegre v. Atlantic Central Logistics solidifies an important shift in New Jersey case law concerning the Class Action Fairness Act's amount in controversy requirement. Gone are the days when a complaint is remanded to state court — and subjected to the New Jersey state class action rules — when the same case would remain in federal court if it was filed in another state, say Jeffrey Newhouse and Jaime Wisegarver of Hirschler Fleischer PC.

  • A Flood Of Changes: The Growing Risk Of Flood Loss

    Lauren P. McKenna

    Individual states have developed their own unique methods of addressing the growing risks of flood loss, but for insurers and property owners alike it is evident that only a comprehensive method of addressing flood risk and the fiscal solvency of the National Flood Insurance Program will ultimately prove satisfactory, say Lauren McKenna and Christine Soares at Fox Rothschild LLP.

  • King Drug Decision May Be A Turning Point In Pay-For-Delay

    Andrew Wellin

    The Third Circuit's recent ruling in King Drug Co. of Florence Inc. v. Smithkline Beecham Corp. — the first federal appellate decision interpreting the U.S. Supreme Court's landmark decision in Actavis — potentially greatly expands the scope of liability for settling parties in reverse payment cases, says Andrew Wellin of Proskauer Rose LLP.