New Jersey

  • October 1, 2014

    3rd Circ. Denies Stay To Therapists In NJ Gay Conversion Row

    The Third Circuit on Tuesday refused to stay its decision upholding a New Jersey law prohibiting counselors from treating minors with “conversion therapy” to change their sexual orientation while opponents of the law mount a U.S. Supreme Court challenge.

  • October 1, 2014

    BMS, Sanofi Lose Remand Challenge In Plavix MDL

    A New Jersey federal judge on Wednesday remanded 57 cases claiming injuries over the blood thinner Plavix despite arguments from Bristol-Meyers Squibb Co. and Sanofi-Aventis U.S. LLC that the suits fraudulently included drug distributor McKesson Corp. and unrelated plaintiffs to dodge federal jurisdiction.

  • October 1, 2014

    FTC Atty Says More Children's Privacy Actions On Horizon

    Speaking at an advertising law conference Wednesday, a Federal Trade Commission senior attorney warned that the commission plans to bring more children’s privacy enforcement cases similar to a pair of recent actions, while a New Jersey regulator predicted that state enforcers would also become more active in the area.

  • October 1, 2014

    Brookfield Wins Revel With $110M Bid, Will Reopen As Casino

    Atlantic City, New Jersey’s bankrupt Revel Casino Hotel on Wednesday fetched $110 million at auction, purchased by Brookfield Property Partners, a Canadian real estate company, which said it plans to reopen the beleaguered property as a casino.

  • October 1, 2014

    Trump Resorts Files Ch. 11 Plan With Icahn Debt-Equity Swap

    Trump Entertainment Resorts Inc. unveiled its Chapter 11 plan Wednesday on the eve of the fight to reject its union deal, which, along with securing massive tax cuts, is crucial to the strategy for investor Carl Icahn to inject $100 million into the company in exchange for an equity stake.

  • October 1, 2014

    3rd Circ. Hears Double Jeopardy Fears In Bribery Retrial

    The former chief of staff for a Philadelphia councilman and two other men who beat bribery convictions in 2012 asked the Third Circuit on Wednesday to narrow the scope of issues a jury could consider in their retrial, citing a risk of double jeopardy.

  • October 1, 2014

    Blank Rome Adds Generic Drugs Pro From Reed Smith

    Blank Rome LLP is looking to grow its work in Hatch-Waxman Act patent disputes in New Jersey with the addition of a former Reed Smith LLP attorney with a background in life sciences litigation, the firm announced Wednesday.

  • October 1, 2014

    Casino Expansion Can't Be Rush Job, NJ Senate Chief Says

    The powerful head of the New Jersey Senate told Law360 that he could support a constitutional amendment to expand casino gambling but that clashes over pension funding and finding money to support transportation infrastructure are among the most pressing concerns for his house in the coming months.

  • September 30, 2014

    Revel Draws 2nd Bidder As Stalking Horse Bidder Objects

    A bankruptcy auction for Atlantic City, New Jersey’s Revel Casino Hotel grew contentious on Tuesday as a Florida developer added $5 million to his $90 million stalking horse bid to fend off a competitor and demanded a judge sanction Revel, calling the auction opaque and unfair.

  • September 30, 2014

    Trump Resorts Gets Quick Hearing On Taj Mahal Pension Plan

    A Delaware bankruptcy judge on Tuesday agreed to hold an expedited hearing on Trump Entertainment Resorts Inc.'s request to stop pension payments to the National Retirement Fund that are required by a collective bargaining agreement for the Trump Taj Mahal casino in Atlantic City, New Jersey.

  • September 30, 2014

    Excess Insurers Not Allowed To Relitigate NJ Asbestos Claims

    A New Jersey appeals court on Tuesday rejected a group of excess insurers’ claims that they should be relieved from covering IMO Industries Inc. under a $1.85 billion insurance program for underlying asbestos claims, finding the excess insurers should not be allowed to revisit individual, settled claims where the defense has already been paid by the primary insurers.

  • September 30, 2014

    Novartis' FCA Suit Discovery Request Slammed By States

    California, New York, New Jersey and eight other states on Monday challenged Novartis Pharmaceutical Corp.’s bid for information on their medication adherence programs, saying the information is irrelevant to a whistleblower suit accusing Novartis of paying kickbacks to pharmacies.

  • September 30, 2014

    NFL Says NJ's Betting Directive Defies 3rd. Circ.

    The National Football League and other professional sports leagues on Monday blasted the state of New Jersey’s move to allow sports betting in its casinos and racetracks, saying the state is openly flouting the Third Circuit’s denial of its attempt to legalize sports betting.

  • September 30, 2014

    3rd Circ. Won't Rehear Ex-Goldman Coder's $2.3M Fee Case

    Goldman Sachs Group Inc. need not pay the $2.3 million legal bill of a former computer programmer facing charges for stealing high-frequency-trading code, the Third Circuit said Monday, denying his bid to have the full appeals court reconsider his argument that Goldman's officer insurance covered all vice presidents like him.

  • September 30, 2014

    NJ High Court Again Deals Blow To Arbitration Clauses

    The Supreme Court of New Jersey recently ruled arbitration clauses must clearly indicate jury trial waivers to be enforceable, a win for consumer rights but a decision experts say further undermines arbitration as a legal remedy at a time when state courts are already overtaxed.

  • September 30, 2014

    Noel Canning Can't Halt New Vista Appeal, 3rd Circ. Told

    The U.S. Supreme Court's Noel Canning decision invalidating two National Labor Relations Board appointments does not warrant a delay in the Third Circuit's reconsideration of an unfair labor practices dispute involving New Vista Nursing and Rehabilitation LLC, the NLRB said Monday.

  • September 30, 2014

    Mitsubishi Sued Over Truck Engine Emissions Defect

    Mitsubishi Fuso Truck of America Inc. was hit with a putative class action in New Jersey federal court on Monday, accusing the truck giant of installing a defective emissions control system in its diesel-powered, medium-duty trucks that causes various parts to fail and the trucks to lose power.

  • September 29, 2014

    Wal-Mart Says Tracy Morgan Wasn't Wearing Seatbelt In Crash

    Comedian Tracy Morgan and other passengers in a limousine weren't wearing seat belts when a Wal-Mart truck allegedly rear-ended them, injuring several and killing comedian James McNair, the retail giant claimed in court documents filed Monday.

  • September 29, 2014

    Aaroma Says Diacetyl Claims Belong To Bankruptcy Estate

    Aaroma Holdings LLC has urged the U.S. Supreme Court to uphold a Third Circuit decision freeing it from liability for injuries allegedly caused by a food additive manufactured by a company whose assets it purchased in 2010, arguing the plaintiffs’ claims belonged to the now-bankrupt company’s estate.

  • September 29, 2014

    NJ Assembly Advances Micobead Ban In Consumer Products

    The manufacture and sale of personal care and over-the-counter drug products that contain microbeads — small plastic particles that critics say end up in waterways and the food chain — would be banned in New Jersey under legislation that the state Assembly overwhelmingly approved on Monday.

Expert Analysis

  • And Now A Word From The Panel: ABCs Of JPML Practice

    Alan E. Rothman

    This week, as the Judicial Panel on Multidistrict Litigation embarks on a rare October hearing, we cannot resist mentioning an intriguing MDL petition that involves local rules governing attorney admission and several lawsuits naming members of the federal judiciary — including a JPML member who is also a D.C. district court judge, says Alan Rothman of Kaye Scholer LLP.

  • 3rd Circ. Sheds Light On Insider Status In Bankruptcy

    Shmuel Vasser

    A recent nonbankruptcy Third Circuit decision, Aleynikov v. Goldman Sachs Group Inc., may clarify what it means to be an officer of a debtor, and it would appear that the presumption established by the case of Foothills Texas may no longer be followed, say Shmuel Vasser and Shana White of Dechert LLP.

  • New 'Buy American' Rules May Be On The Horizon

    Kristen Ittig

    Recent developments on both the federal and state levels, combined with the potential for future Transatlantic Trade and Investment Partnership and Trans-Pacific Partnership agreements, show that the landscape of U.S. domestic preferences may be undergoing a significant change, say attorneys with Arnold & Porter LLP.

  • Opportunities And Pitfalls In The Legal Cloud

    David Houlihan

    Like "big data" and other effective software marketing buzzwords, “cloud” makes something that is very complex sound simple — and even friendly. Most attorneys are not prepared to dig into the distinctions between public, private and hybrid cloud models, or the niceties of how or where their data is transmitted and stored, says David Houlihan of Blue Hill Research Inc.

  • When Taking Health Information Is 'Protected Activity'

    Barbara E. Hoey

    State and federal courts haven't always helped when determining over the course of a retaliation suit whether an employee that took "evidence" in the midst of a discrimination lawsuit engaged in "protected activity," say Barbara Hoey and Evelyn Perez of Kelley Drye & Warren LLP.

  • A General Counsel's Top 10 Billing Tips

    Francis M. Drelling

    Nothing makes an in-house counsel feel like they are being nickeled-and-dimed more than receiving a $3.50, stand-alone invoice. Forcing anyone to spend time on a $3.50 invoice is, quite frankly, just not cool, says Francis Drelling, in-house counsel at Specialty Restaurants Corp.

  • No Need For Expert Testimony In Successor Liability Cases

    Robin Silver

    In the typical successor liability case, expert testimony adds no value to analysis. It simply serves to usurp the court’s function. Parties should think twice before designating an expert and should strongly consider moving to strike any experts designated by opposing parties as legally improper, say Robin Silver and Alexander Creticos of Miles & Stockbridge PC.

  • Debt Collector Envelopes Need To Protect Privacy

    Alan S. Kaplinsky

    Assuming the Third Circuit's decision in Douglas v. Convergent Outsourcing Inc. stands, the ruling should make debt collectors wary of any language or markings appearing on an envelope that in any way touch upon the debt collection effort, or that even remotely reveal private information about the borrower, say attorneys at Ballard Spahr LLP.

  • The Fallacy Behind NJ's Sports Betting Strategy

    Daniel L. Wallach

    New Jersey Governor Chris Christie has embarked on a bold new legal strategy designed to bring sports betting to the Garden State. Despite the optimism expressed on many fronts, the latest gambit is unlikely to succeed, says Daniel Wallach of Becker & Poliakoff PA.

  • Class Ascertainability Continues To Become More Concrete

    David C. Kistler

    In the most recent example of a district court addressing ascertainability based on the Third Circuit's Marcus, Hayes and Carrera rulings, the matter of Paulsboro Derailment Cases demonstrates that, outside of consumer fraud class actions, plaintiffs can still overcome ascertainability, say David Kistler and Rachel Gallagher of Blank Rome LLP.