New Jersey

  • September 28, 2016

    Exotic Dancer Says Arbitration Not Applicable In Wage Suit

    An exotic dancer challenging the dismissal of her putative collective and class action against a New Jersey adult nightclub over allegedly unpaid wages urged the Third Circuit on Tuesday to revive the suit, saying it is not subject to arbitration because the agreement does not apply to statutory employment claims.

  • September 28, 2016

    NJ Reaches Deal To Bar Bets Through Canadian Mohawk Land

    A Quebec-based indigenous gaming commission will no longer allow licensees that run gambling websites to accept bets placed by residents of the United States through a data center located on territory it regulates, under a recently announced deal with the New Jersey Division of Gaming Enforcement.

  • September 28, 2016

    Dodge Brake Defect Suit To Head Cross Country To Calif.

    A New Jersey federal judge sent a proposed class action accusing Fiat Chrysler’s predecessor of hiding a brake defect in certain Dodges back to California where the case originated nearly five years ago, ruling Tuesday the suit no longer has any relation to its current district.

  • September 28, 2016

    Merck Stays Clear Of Ex-Worker's Sex Bias Claim

    Merck & Co. Inc. stayed clear of a former employee’s sex bias lawsuit Wednesday when the New Jersey Appellate Division found that the worker didn’t prove the pharmaceutical giant fired him because he’s a man.

  • September 28, 2016

    Ex-PetroTiger CEO, Quinn Emanuel Arbitration OK'd By Court

    A Florida appeals court on Wednesday affirmed an order sending a former PetroTiger CEO who pled guilty in New Jersey to bribing a Colombian official to arbitration with Quinn Emanuel Urquhart & Sullivan LLP over $3.6 million in fees owed to the law firm.

  • September 28, 2016

    Mylan Antitrust Suit Over Acne Drug Popped By 3rd Circ.

    The Third Circuit on Wednesday affirmed a Pennsylvania federal court’s dismissal of Mylan’s antitrust suit over the acne medication Doryx, finding that the generics maker failed to establish that Warner Chilcott and Mayne had sufficient market power in the relevant market.

  • September 28, 2016

    Sports Merch Dealer Seeks Atty Fees In IP License Suit

    A sports memorabilia dealer asked a New Jersey federal judge on Tuesday to force First Data Corp. to pay his attorneys’ fees for defending against an improperly filed suit stemming from a patent ownership dispute, saying it was filed in bad faith to harass and delay his own civil action.

  • September 28, 2016

    Rainmaker Q&A: Sills Cummis' Andrew Sherman

    Find a mentor and do your best to hitch your wagon to that person. I learned to develop business by modeling other successful lawyers, but having a mentor to teach you the ropes is a much cleaner and easier path, says Andrew Sherman, co-chairman of the creditors’ rights/bankruptcy reorganization practice group at Sills Cummis & Gross PC.

  • September 27, 2016

    Christie Enjoyed Lane Closures, GWB Scandal Architect Says

    The government's star witness testified Tuesday at the George Washington Bridge lane-closing trial that he and one of the defendants bragged to New Jersey Gov. Chris Christie about causing a traffic jam to punish a mayor for not endorsing the governor for re-election and that Christie “seemed to be enjoying it.”

  • September 27, 2016

    National Freight Must Face Driver Misclassification Suit

    A New Jersey federal judge on Monday denied National Freight Inc.’s efforts to dismiss claims that it violated Massachusetts law by misclassifying a putative class of delivery drivers as independent contractors instead of employees, saying the drivers’ claims aren’t preempted by federal law enacted to enforce deregulation of motor carriers.

  • September 27, 2016

    Recruiters Cop To Visa Fraud Involving Fake NJ School

    Two Indian nationals pled guilty Tuesday to conspiring to commit visa fraud by recruiting individuals from other countries to enroll in a fake New Jersey college and come to the U.S. on student visas so they could work in information technology jobs, federal prosecutors announced.

  • September 27, 2016

    Horizon Owes $76M In Unpaid Claims, NJ Hospitals Say

    Horizon Blue Cross Blue Shield of New Jersey was hit Monday with a federal lawsuit by a network of New Jersey hospitals alleging the insurance company has underpaid or refused to pay just over $76 million for out-of-network medical care reimbursement provided to Horizon insureds, including urgent care patients.

  • September 27, 2016

    NJ Court Clears Path For $1.15B Meadowlands Bond Sale

    A New Jersey state appeals court on Tuesday denied a nonprofit group’s attempt to block the New Jersey Sports and Exposition Authority from issuing $1.15 billion in bonds to pay for construction of the unfinished American Dream mall at the Meadowlands, saying the group’s arguments lacked merit.

  • September 27, 2016

    Viacom Says It Told Parents Truth About Child Tracking

    Viacom Inc. asked for summary judgment Monday in a putative class action over Nickelodeon’s alleged internet tracking of children under 13, telling a New Jersey federal court there's no evidence to support claims that Viacom misled parents as to its privacy practices.

  • September 27, 2016

    Three Cos. Pay $600M For $1.6B Penn Station Revamp Rights

    Related Companies, Vornado Realty LP and Skanska AB will pay $600 million for a piece of a nearly $1.6 billion project to modernize Penn Station unveiled Tuesday by New York Governor Andrew M. Cuomo.

  • September 27, 2016

    Default Judgment Upheld In NJ Rugby Injury Case

    A New Jersey federal judge declined to vacate a $500,000 default judgment over a rugby game injury Tuesday, arguing the defendant ignored the claims against him for years and had only himself to blame for the judgment.

  • September 27, 2016

    NJ Tax Court Sides With Lotto Winners In Income Tax Fight

    A New Jersey tax court judge on Monday ruled the state cannot tax annuity payments of a man's $46 million lottery winnings, finding that although a 2009 law allows for gross income taxes on lottery prizes, the state had to live up to its past advertisements of tax-free winnings.

  • September 27, 2016

    Drugmakers Tell 3rd Circ. To Punt Effexor To Fed. Circ.

    Drugmakers Wyeth and Teva told the Third Circuit that purchasers’ claims of a reverse payment scheme over the generic version of the antidepressant Effexor XR belonged before the Federal Circuit, in the second case heard by the appeals court Tuesday on pay-for-delay jurisdictional issues.

  • September 27, 2016

    3rd Circ. Won’t Revisit Citigroup FINRA Arbitration Win

    The Third Circuit on Monday declined to reconsider an elderly couple’s bid to vacate a Financial Industry Regulatory Authority arbitration ruling in favor of Citigroup Global Markets Inc., despite the couple’s claim the panel’s ruling was “erroneous” and unfair.

  • September 27, 2016

    Lipitor Buyers Ask 3rd Circ. To Keep Pay-For-Delay Fight

    Attorneys for national pharmacies and wholesale drug distributors told the Third Circuit on Tuesday that their dismissed suit accusing Pfizer and Ranbaxy of a pay-for-delay scheme over the cholesterol drug Lipitor did not belong in the Federal Circuit, in an argument the appeals court confined to the question of jurisdiction.

Expert Analysis

  • The Courtroom Where It Happened: Hamilton As A Lawyer

    Randy Maniloff

    Often lost in discussions about Alexander Hamilton is that he was an extremely important New York lawyer. He had an extensive law practice until his death in 1804 and he wrote what is considered to be the first treatise in the field of private law. Ultimately, Hamilton certainly did get a lot farther "by working a lot harder, by being a lot smarter, by being a self-starter," says Randy Maniloff of White and Williams LLP.

  • Why Have Lawyers Forgotten About The Middle Class?

    Chas.jpg

    Sorry, fellow lawyers, judges and legislators, but the jig is up. It’s time to show the public the cards up our sleeves and give them a chance to weigh in on the fairness of a system that touches so many aspects of their everyday lives, says Chas Rampenthal, general counsel of LegalZoom.

  • Prelitigation Steps For Trade Secret And Noncompete Cases

    Excerpt from Lexis Practice Advisor
    Matthew T. Miklave

    One of the first steps in addressing potential trade secret misappropriation and breach of restrictive covenant claims is determining the scope and extent of the employer’s protections. However, the prelitigation process involves many more stages. Attorneys with Robinson & Cole LLP address seven specific steps you should take on behalf of an employer in assessing and addressing a potential breach of a noncompete agreement.

  • The Latest On Electronic Billboards In NJ

    Christopher John Stracco

    The Supreme Court of New Jersey recently reversed a decision prohibiting the placement of electronic billboards along Interstate 287 in Franklin Township. This ruling is contrasted with a Third Circuit decision that upheld an ordinance completely banning billboards in Mount Laurel Township, say attorneys with Day Pitney LLP.

  • Overhauling Law Firm Records Departments For A New Reality

    Raymond Fashola

    As automation increases, so do business challenges that impact overall law firm operations. Records departments are facing roadblocks associated with antiquated processes, ever-changing regulatory requirements, and emerging technologies. As a result, firms are reassessing the needs of their records department staffing models, says Raymond Fashola of HBR Consulting.

  • New Jersey Joins National Majority On Contractor Insurance

    J. Stephen Berry

    The New Jersey Supreme Court has ruled that property damage caused by subcontractors' shoddy workmanship qualifies as an occurrence under the general contractor's liability insurance policy. This decision may be indicative of a larger trend involving one of the most frequently litigated insurance dispute questions of the past decade, say lawyers from Dentons.

  • Unclaimed Property Law: What Oil And Gas Cos. Should Know

    Carol Lynn Thompson

    States have recently stepped up enforcement of unclaimed property laws to generate additional revenue and the oil and gas industry has become an attractive target. Because unclaimed property compliance obligations can be particularly complex it is critical that companies understand the current landscape and the best ways to navigate the audit process, say attorneys at Sidley Austin LLP.

  • The Post-Daimler Split On In Personam Jurisdiction

    Albert Piccerilli

    Since the U.S. Supreme Court ruling in Daimler AG v. Bauman, lower courts have been grappling with the issue of whether a corporate defendant that is not incorporated under the laws of the forum state, and does not have its principal place of business there, may nevertheless be subject to the forum’s general in personam jurisdiction if it is registered to do business in the forum state. Members of Montgomery McCracken Walker & Rhoa... (continued)

  • 3 Steps To Successful Judgment Enforcement

    Craig Weiner

    Judgment enforcement is typically governed by the law of the state where collection is sought, which frequently means collection efforts are controlled by an arcane body of law replete with debtor-friendly roadblocks. Fortunately, there are a number of actions a judgment creditor can take to secure satisfaction of a claim, say Craig Weiner and Michael Kolcun of Robins Kaplan LLP.

  • Bolstering New Jersey's Historically Weak 'Duty To Defend'

    Steven J. Pudell

    Thanks to Burd v. Sussex Mutual Insurance Company in 1970, New Jersey's "duty to defend" has been the weakest in the nation, providing policyholders with limited protection from lawsuits. The recent Cooper Industries v. Employees Insurance of Wausau may be the first step toward weakening or overturning Burd, say Robert Chesler and Steven Pudell of Anderson Kill PC.