New Jersey

  • August 29, 2014

    Class Suit Targets Jacoby & Meyers Litigation Support Costs

    Jacoby & Meyers LLP and Finkelstein & Partners LLP have been hit with a putative class action in New Jersey federal court claiming that clients had to shoulder improper expenses from a litigation support company that was owned by the interrelated firms' attorneys.

  • August 29, 2014

    Ernst & Young, Revel Settle Prepetition Fee Complication

    Ernst & Young LLP has agreed to return $100,000 in fees it received from the Revel Casino Hotel prior to its second bankruptcy filing in order to resolve prepetition claim concerns, according to court documents filed days before the beleaguered Atlantic City casino closes its doors.

  • August 29, 2014

    Sandoz's Remodulin Generic Infringes UTC Patent, Judge Says

    A New Jersey federal judge on Friday found that Sandoz Inc.’s proposed generic version of the hypertension drug Remodulin infringes one of two United Therapeutics Corp. patents, rejecting Sandoz's contention that contested claims of both patents are invalid.

  • August 29, 2014

    Archer & Greiner Wants $1M From Mouthguard Co. For IP Case

    New Jersey firm Archer & Greiner PC has filed suit in Pennsylvania federal court against mouthguard manufacturer Brain-Pad Inc., saying Brain-Pad still owes $1.15 million in legal fees incurred in Archer's successful defense against claims that the company's product infringed on an earlier patent.

  • August 29, 2014

    Avis Customers Win Class Cert. In Reward Fee Suit

    A New Jersey federal judge on Thursday certified a class action accusing Avis Budget Group Inc. of imposing hidden fees on its travel reward program participants and also denied the rental car company’s bid to exclude an expert’s testimony, shooting down Avis’ contention that the expert’s conclusions are unreliable.

  • August 29, 2014

    Providers Get Conditional Cert In UnitedHealth Claims Suit

    A New Jersey federal judge on Thursday granted conditional class certification in a suit alleging UnitedHealth Group Inc. improperly demanded reimbursement for overpaid claims, but the class lost a lead plaintiff after the judge reconsidered an earlier determination of the plaintiff's standing to sue.

  • August 29, 2014

    Pressure Grows For Statewide Paid Sick Leave In NJ

    Paid sick leave measures pending in several New Jersey towns are increasing the pressure for a uniform statewide standard, and while a bill poised for consideration in September currently calls for more time off for workers than local proposals do, that could be a tough sell to Gov. Chris Christie.

  • August 29, 2014

    Care One’s Sanctions Motion In TCPA Row Called A Diversion

    A plaintiff’s attorney on Thursday blasted health care provider Care One LLC’s motion to sanction him in New Jersey federal court in a proposed class action that alleges the company violated the Telephone Consumer Protection Act, claiming Care One is trying to substitute a motion for sanctions for a viable defense.

  • August 29, 2014

    Envelopes Can’t Show Debt Account Nos., 3rd Circ. Says

    The Fair Debt Collection Practices Act bars debt collectors from revealing account numbers on the outside of envelopes mailed to consumers, the Third Circuit ruled Thursday, reviving a proposed class action against collections company Convergent Outsourcing.

  • August 28, 2014

    Whirlpool, Home Depot, Others Want Out Of Energy Star Suit

    Whirlpool Corp. and several appliance retailers including The Home Depot Inc. moved Wednesday to dismiss state law claims alleging deceptive marketing of Energy Star washing machines from a class action pending in New Jersey, arguing that those legal claims are preempted by federal regulation.

  • August 28, 2014

    T-Mobile Seeks 2nd Shot At Axing $7M Verdict In Race Car Row

    T-Mobile USA on Wednesday petitioned the Third Circuit for an en banc hearing after an appellate panel affirmed a $7 million judgment for an automotive racing team in a breach of contract suit and opened the door for a decision that could double the award.

  • August 28, 2014

    Apotex Says Generic Paxil Suit Should Be Tossed

    Apotex Inc. asked a New Jersey federal court to throw out a contract suit against it by rival Mylan Inc., claiming the company can’t show Apotex acted with malice in continuing to sell generic versions of the antidepressant Paxil that it obtained from GlaxoSmithKline PLC.

  • August 28, 2014

    3rd Circ. Says UAW Can't Recoup Visteon Retiree Benefits

    The Third Circuit on Thursday affirmed a district court’s ruling that Visteon Corp. retirees formerly belonging to the United Auto Workers were not entitled to a reinstatement of health care benefits, saying the union made the “calculated choice” to not appeal a bankruptcy court order allowing the company to terminate the benefits.

  • August 28, 2014

    NJ Doctors Can't Dodge Atlantic Health FCA Claims

    A group of New Jersey physicians couldn't pare claims from a federal False Claims Act suit as a New Jersey judge on Tuesday denied their motion to dismiss claims they fraudulently billed Medicare for unnecessary services at Atlantic Health Systems Inc. hospitals.

  • August 28, 2014

    Novartis Hits Zydus With Patent Suit Over Dementia Patch

    Novartis AG slapped Zydus Pharmaceuticals (USA) Inc. with patent infringement suits in Delaware and New Jersey federal courts on Wednesday, claiming Zydus' proposed generic version of the Exelon patch, which is used to treat Alzheimer’s disease and dementia, infringes on Novartis’ patents.

  • August 28, 2014

    First Data Scores $6M NJ Tax Break To Stay In Jersey City

    Atlanta-based payment-processing company First Data has snagged $6 million in New Jersey tax credits to remain in its current Jersey City building and eschew a move to Atlanta in a deal expected to create 74 new local jobs, the city's mayor said Wednesday.

  • August 28, 2014

    Justices Urged To Set High Bar For Threat-Speech Convictions

    People for the Ethical Treatment of Animals and a handful of pro-life groups urged the U.S. Supreme Court on Thursday to set a strong bar for threat-speech convictions, saying a recent Third Circuit decision that ignores speakers' intent would chill the speech of activists and weaken the First Amendment.

  • August 28, 2014

    Waterfront Commission Slips NY Unions' Hiring Claims

    A federal New Jersey judge on Wednesday tossed a case against the Waterfront Commission of New York Harbor alleging it interfered with unions' collective bargaining, finding the plaintiffs’ 10 claims came up short, some of which were "contrary to well-settled law."

  • August 27, 2014

    Sigma, McWane Say Construction Price-Fixing Claims Too Old

    McWane Inc. and Sigma Corp. urged a New Jersey federal court on Tuesday to dismiss an additional complaint in a consolidated class action accusing several ductile iron pipe fittings makers, importers and sellers of fixing the products’ prices, arguing the new complaint is time-barred and rehashes already dismissed relief claims.

  • August 27, 2014

    NJ Brokerage Firm Beats Arbitration Bid In Fraud Case

    A New Jersey federal judge ruled Wednesday that financial services firm Buckman Buckman & Reid Inc. is under no obligation to arbitrate in a suit alleging it raided assets from a defunct investment firm, assets which were subject to arbitration awards totaling over $1.5 million.

Expert Analysis

  • High Court Should Review Scope Of Crime-Fraud Exception

    Matthew D. Lee

    Given the significant differences among the circuits in examining the crime-fraud exception, and the Third Circuit’s recent erosion of the attorney-client privilege, U.S. Supreme Court review is necessary to ensure the consistent treatment of litigants and to protect the privilege, say attorneys with Blank Rome LLP.

  • Costs To Pension Withdrawal Liability May Change

    Blake C. MacKay

    Board of Trustees of IBT Local 863 Pension Fund v. C&S Wholesale Grocers Inc./Woodbridge Logistics LLC is a departure from how multiemployer pension withdrawal liability has been calculated since the Pension Protection Act was passed and the case may open the door for new challenges that could reduce the amounts owed by withdrawing employers, say Blake MacKay and Emily Hootkins of Alston & Bird LLP.

  • The 8 Gotchas Of Technology Contracting: Part 2

     Craig Auge

    Contracts for providing and obtaining technology establish important, often long-term relationships. When they involve mission-critical products and services, the impact of a flawed contract can be devastating, says Craig Auge of Vorys Sater Seymour and Pease LLP.

  • The 8 Gotchas Of Technology Contracting: Part 1

    Craig Auge

    Every business runs at least in part on technology — and, when contracting for technology products and services, the “gotchas” don’t discriminate based on size or industry. All parties can benefit from avoiding these situations, says Craig Auge of Vorys Sater Seymour and Pease LLP.

  • A Different Claim Aggregation Method To Avoid SLUSA

    Benjamin P. Edwards

    As the securities class action continues to experience death by a thousand cuts, we may soon see increasing numbers of the "disaggregated class" — a new tactic some plaintiff attorneys have begun to deploy to work around the Securities Litigation Uniform Standards Act by filing duplicative state court cases, says Benjamin Edwards of Michigan State University College of Law.

  • 3rd Circ. Puts Debtors 1st In FDCPA Case

    Wayne Streibich

    Arguments in Fair Debt Collection Practices Act cases at the district level were outweighed by the Third Circuit in McLaughlin v. Phelan Hallinan & Schmeig LLP, which establishes that a debtor’s failure to dispute a debt will not likely be a basis for dismissal of claims, say Wayne Streibich and Louise Bowes of Blank Rome LLP.

  • NJ High Court Improves Cleanup Cost Allocation System

    Kevin J. Bruno

    The New Jersey Supreme Court's Magic Petroleum Corp. v. Exxon Mobil Corp. decision is particularly significant to the regulated community because it allows courts to make a percentage allocation of liability prior to the final tally of cleanup costs, ensuring that remediation proceeds promptly, say Kevin Bruno and Kevin Doherty of Blank Rome LLP.

  • A 3rd Circ. Opinion On Third-Party Releases

    Andrew I. Silfen

    The bankruptcy case of Lower Bucks Hospital is a cautionary tale that provides guidance to indenture trustees and their counsel regarding what is necessary in the Third Circuit for third-party releases to be approved, say attorneys with Arent Fox LLP.

  • Ascertainability Looms Large After Skinnygirl Ruling

    Scott Shaffer

    In Stewart v. Beam Global Spirits & Wine, a New Jersey district judge's upholding of Third Circuit precedent dismissing the use of affidavits among potential members to class actions indicates courts are increasingly placing the burden of ascertainability on plaintiffs, not only to protect defendants but also absent class members, says Scott Shaffer of Olshan Frome Wolosky LLP.

  • Timely Notice For NJ Insurance Claims Just Got Harder

    Robert D. Chesler

    The New Jersey Appellate Division's ruling in Templo Fuente De Vida Corp. v. National Union Fire Insurance Company of Pittsburgh PA takes the phrase “as soon as practicable” and makes it easier for insurance companies to avoid their coverage obligations under a claims-made policy — it is a major setback for policyholders and those who give notice on their behalf, say attorneys at Anderson Kill PC.