New Jersey

  • October 23, 2014

    NJ Senate Sends Microbead Ban To Governor

    The New Jersey Senate on Thursday gave final legislative approval to a gradual ban on the manufacture and sale of personal care and over-the-counter drug products that contain microbeads — small plastic particles that critics say threaten waterways and the food chain.

  • October 23, 2014

    NJ Lawmakers Back Challenge To Cap-And-Trade Repeal

    Lawmakers in both houses of the New Jersey Legislature on Thursday advanced a measure challenging a move by Gov. Chris Christie's administration to repeal cap-and-trade regulations tied to the state's former participation in a regional greenhouse-gas reduction pact.

  • October 23, 2014

    3rd Circ. Urged To Revive Farmworkers' DOL Wage Challenge

    The Third Circuit was urged on Thursday to overturn a district judge’s decision that forthcoming changes to the U.S. Department of Labor’s rules for the calculation of wage levels for migrant farmworkers invalidated a lawsuit challenging the current way the government allows pay rates to be set.

  • October 23, 2014

    Trump Resorts Gets Final OK To Fund Case With Icahn Cash

    A Delaware bankruptcy judge gave Trump Entertainment Resorts Inc. final approval Thursday to fund its case with cash collateral that secures credit from companies controlled by Carl Icahn after the casino operator resolved issues from unsecured creditors who worried it might dash any hope of a recovery.

  • October 23, 2014

    NJ Assembly OKs Limits On Consumer Fraud Fee-Shifting

    A New Jersey General Assembly committee on Thursday advanced legislation to eliminate the award of attorneys' fees and court costs in certain Consumer Fraud Act cases, a bill designed to end penalties for technical violations of the law made in good faith.

  • October 22, 2014

    Union Blasts Trump Resorts' Bid To Stifle Communications

    An union representing employees at New Jersey's Trump Taj Mahal urged a Delaware bankruptcy judge Wednesday to reject a motion aimed at controlling its communications with casino customers, saying the relief sought by Trump Entertainment Resorts Inc. violates the Constitution and federal labor law.

  • October 22, 2014

    'Real Housewives' Star Can't Serve Term In Halfway House

    A New Jersey federal judge on Wednesday declined to partially convert a 15-month prison sentence for Teresa Giudice, the “Real Housewives of New Jersey” star convicted on fraud and tax evasion charges, saying the court didn't intend for Giudice to serve time in a halfway house.

  • October 22, 2014

    3rd Circ. Affirms Dismissal Of Virgin Islands Telecom Case

    The Third Circuit on Tuesday upheld a lower court's decision to transfer a complicated settlement dispute involving Norton Rose Fulbright, investment firm Greenlight Capital Inc., a group of insolvent Virgin Islands telecommunications firms and others to bankruptcy court, which then recommended that the case be thrown out.

  • October 22, 2014

    Hollister Fights Class Cert. In Expired Reward Card Fight

    Hollister Co. on Tuesday urged a New Jersey appellate panel to overturn a lower court's certification of a class alleging the clothing retailer duped customers with promotional gift cards with an inconspicuous expiration date, arguing the class members can't be ascertained.

  • October 22, 2014

    McCarter Adds Chief Counsel For NJ Utilities Regulator

    McCarter & English LLP has snagged the chief counsel for the New Jersey Board of Public Utilities as it continues to strengthen its position in the energy arena, the firm said Thursday.

  • October 22, 2014

    Ropes & Gray Sued By Drugmaker Over Patent Filing Blunder

    The Medicines Co. has slapped Fish & Neave LLP and Ropes & Gray LLP with a legal malpractice suit in New Jersey claiming Fish & Neave blew the deadline for a critical patent filing associated with the company's anticoagulant drug Angiomax.

  • October 22, 2014

    Effexor Buyers Want Another Chance In Antitrust Suit

    Drug buyers on Tuesday urged a New Jersey federal judge to allow them to amend their complaint against Wyeth Inc. and Teva Pharmaceuticals USA Inc. over a no-authorized-generic deal for antidepressant Effexor XR, saying the court’s new pleading standard is novel and was only introduced after they filed their suit.

  • October 22, 2014

    Ex-Contractor To Pay $4.36M For Superfund Bid-Rigging

    A former project manager convicted of taking $1.5 million in kickbacks for rigging bids and other Superfund site subcontracting abuses was ordered to pay $4.36 million in restitution by a New Jersey federal court on Tuesday, the largest fine imposed to date for the scheme.

  • October 21, 2014

    Agency Impasse Leaves NJ Affordable Housing Rules In Flux

    New Jersey's failure to adopt new affordable housing regulations is a win for critics who say the proposal lowballs housing needs, but it also puts the state on a collision course with a court-ordered deadline and may ultimately require legislative reforms, experts said Tuesday.

  • October 21, 2014

    Ex-CEO of NJ Drug Dispensary Indicted For Tax Evasion

    The former CEO of a New Jersey pharmacy dispensing company was indicted on Tuesday by a federal grand jury for allegedly filing falsified income tax returns to conceal stock earnings, settlements and disbursements of company funds.

  • October 21, 2014

    Freeh Asks 3rd Circ. To Ensure Right To Move Penn State Suit

    Attorney Louis Freeh, whose firm independently investigated Penn State University's child abuse scandal, urged the Third Circuit on Monday to declare his right to remove ex-Penn State chief Graham Spanier's forthcoming libel suit to federal court, arguing a looming deadline could constrain his litigation options.

  • October 21, 2014

    Griffin-American Puts Up $135M For Medical Office Portfolio

    California-based Griffin-American Healthcare REIT III Inc. said Tuesday it will pay $135 million for five medical office buildings in New York, New Jersey, Massachusetts and Kentucky, in a move intended to bolster the real estate investment trust’s health care holdings in growing urban markets.

  • October 21, 2014

    Hunter Labs Can't Dodge Contract Suit Over $6.3M FCA Share

    Hunter Laboratories LLC on Monday couldn't dodge a contract suit brought by partners in a litigation sharing deal who were allegedly denied their share of proceeds from a $241 million False Claims Act recovery, with a New Jersey federal judge ruling his court is a proper venue.

  • October 21, 2014

    Avandia User's Warranty Violation Suit Flops In 3rd Circ.

    The Third Circuit on Tuesday refused to revive a putative class action accusing GlaxoSmithKline PLC of violating the warranty on its diabetes drug Avandia, ruling a label declaring the drug “safe and effective” was not enough to create a warranty under New Jersey law.

  • October 21, 2014

    Special Master To Helm Walgreen Fee Fight In Pfizer MDL

    A New Jersey federal judge overseeing multidistrict litigation over whether Pfizer Inc. conspired to bar competition for its epilepsy treatment Neurontin and promoted off-label uses on Monday appointed a special master to handle a dispute over attorneys' fees between opt-out plaintiff Walgreen Co. and class counsel.

Expert Analysis

  • Multistate Class Actions Face Tough Test At 3rd Circ.

    Joel E. Tasca

    Adding to its recent trend of case law raising the bar for plaintiffs seeking class certification, the Third Circuit's ruling in Grandalski v. Quest Diagnostics Inc. will make it even more difficult for consumers to gain certification of multistate classes when state law claims are being asserted, say Burt Rublin and Joel Tasca of Ballard Spahr LLP.

  • New Jurisdictional Issues When Moving To Quash A Subpoena

    Steven Luxton

    The Nevada federal court's recent ruling in Agincourt Gaming LLC v. Zynga Inc. is an important reminder that a nonparty wanting to challenge a civil subpoena should consider carefully the appropriate jurisdiction in which to file a motion to quash under recently enacted Rule 45, say Steven Luxton and Brad Nes of Morgan Lewis & Bockius LLP.

  • DOJ Change On Waiver-Of-Appeal Policies Isn't Enough

    Alain Leibman

    The U.S. Department of Justice recently announced a modest change in its waiver-of-appeal policies. But, as shown in a recent Third Circuit case that severely penalized a defendant who appealed in the face of an unconditional waiver, the DOJ must revisit the entire question of demanding appeal waivers as a condition of a defendant being allowed to plead guilty, says Alain Leibman, a partner with Fox Rothschild LLP and former federal prosecutor.

  • When Fraud, Spoliation Are Added To Asbestos Claims

    Jesse L. Morris

    The Third Circuit's recent ruling in Williams v. BASF Catalysts could prove an instructive example of how litigation may unfold when fraud and spoliation claims are brought against industrial manufacturers and their successors linked to asbestos-related illnesses and deaths, says Jesse Morris of Weil Gotshal & Manges LLP.

  • OPINION: Don't Mess With... Arizona?

    Michael Li

    Fifty years ago, Justice Felix Frankfurter cautioned courts about getting mired in the “political thicket” of redistricting. In agreeing to hear Arizona State Legislature v. Arizona Independent Redistricting Commission, the U.S. Supreme Court could be about to take a big step further into that thicket, says Michael Li, counsel at the Brennan Center for Justice, NYU School of Law.

  • Tug-Of-War: Attorney-Client Privilege Vs. Deposition

    There is an inherent tension between the process of preparing a corporate representative to testify and the protections usually afforded by attorney-client privilege. Judicial decisions addressing these tensions are limited and, as of yet, the Federal Circuit Courts of Appeals do not appear to have weighed in on these issues in any meaningful way, say Vanessa Miller and Nicholas Ellis of Foley & Lardner LLP.

  • Escaping Taxes In Bankruptcy Through S Corporations

    Chad C. Coombs

    Shareholders of financially troubled S corporations may now be able to avoid the flow-through of taxes when the S corporation or its subsidiary files bankruptcy, thanks to a Third Circuit ruling in the Chapter 11 case of Majestic Star Casino LLC. The losers are the corporation’s unsecured creditors, says Chad Coombs of Greenberg Glusker Fields Claman & Machtinger LLP.

  • Clarity Over Insurance Broker Liability Comes To NY, NJ

    Robert D. Chesler

    Both Huggins v. Liberty Mutual Insurance Co. and Duffy v. Certain Underwriters at Lloyds of London offer lessons for policyholders — they should seek the broadest coverage possible and look to hold their brokers liable when failing to provide the coverage originally promised, say attorneys at Anderson Kill PC.

  • OPINION: Uphold Reasonable Regs On Judicial Campaigns

    Matthew Menendez

    If the U.S. Supreme Court applies strict scrutiny in Williams-Yulee v. Florida Bar to strike down reasonable restrictions on judicial campaign activity, the increasing flood of judicial campaign spending may further damage the public’s eroding confidence in the judiciary, says Matthew Menendez, counsel in the Democracy Program at the Brennan Center for Justice, NYU School of Law.

  • 3rd Circ. Ruling May Shake Up Estate Scope Litigation

    Steven Wilamowsky

    The Third Circuit’s recent decision in Allen v. Advanced Telecommunication Network Inc. may have significant ramifications for future litigation over the scope of an “estate” as it potentially creates a disjunction between otherwise identical court recovery orders and judgments, say Steven Wilamowsky and Alix Brozman of Bingham McCutchen LLP.