New Jersey

  • November 21, 2014

    Meat Co. Can't Shake Starbucks Suit Over Ham Sandwiches

    A New Jersey federal judge on Friday rejected a meat distributor’s bid to escape Starbucks Corp.’s $4.8 million suit alleging it supplied bacteria-infected ham for Starbucks’ sandwiches, ruling Hahn Brothers Co. could not apply Maryland’s statute of limitations based on the complaint.

  • November 21, 2014

    Two Name Partners To Exit Genova Burns

    Two name partners with backgrounds in real estate and government work are leaving Newark, New Jersey-headquartered Genova Burns Giantomasi Webster LLC, with one of the attorneys citing differences over the management of the firm going forward.

  • November 21, 2014

    Convicted Hacking Ring Member Gets 3.5 Years

    A man convicted of participating in a fraud ring’s alleged attempt to hack $15 million from customer accounts at banks like JPMorgan Chase Bank NA and Citibank NA and file false tax returns was sentenced Friday to almost three and a half years in prison, according to New Jersey federal prosecutors.

  • November 21, 2014

    NJ Utility Regulator Again Nixes Offshore Wind Farm

    A New Jersey utility regulator on Friday dealt another blow to an offshore wind farm proposed by Fishermen's Energy LLC, concluding again the developer had not proved the net benefits were enough to justify its $188 million price tag despite a nearly $47 million federal grant.

  • November 21, 2014

    3rd Circ. Mulls Yahoo Text Service In TCPA Class Action

    A federal judge wrongly dismissed a putative class action against Yahoo Inc. after concluding that unsolicited text messages sent to a Philadelphia man could not be counted as a computerized, unsolicited phone call under the Telephone Consumer Protection Act, a Third Circuit panel heard during oral arguments Friday.

  • November 21, 2014

    NYPD Can't Dodge Suit Seeking Muslim Surveillance Docs

    The New York City Police Department cannot dodge a suit seeking records pertaining to alleged surveillance of Muslim students in New Jersey, as a New York state judge says he is unconvinced he should adopt a common law exception to a federal public records law in his interpretation of state law.

  • November 21, 2014

    NJ Court Sinks Arbitration Ruling Under High Court Standard

    A New Jersey appeals court on Friday applied a state Supreme Court decision demanding clear language in arbitration provisions to free 22 condominium purchasers from arbitrating their claims that Kushner Cos. and others misled them into joining a waterfront community that wasn't developed as proposed.

  • November 21, 2014

    3rd Circ. Urged To Revive FCA Suit Over Wholesale Drug Costs

    The Third Circuit was urged during oral arguments on Friday to find that a purported whistleblower’s work to uncover an alleged scheme by Express Scripts Inc. and other companies to overbill the federal government for prescription drugs gave him grounds to sue under the False Claims Act.

  • November 20, 2014

    NFL Drives To Lock Down NJ Sports Betting Injunction

    The National Football League and other professional sports leagues asked a federal judge on Thursday for a preliminary injunction against sports betting at New Jersey’s casinos and racetracks, calling the state’s selective repeal of gambling laws a blatant attempt to circumvent a Third Circuit ruling.

  • November 20, 2014

    Aeterna Faces Shareholder Suit Over Growth Hormone Drug

    Aeterna Zentaris Inc. was hit with a putative class action in New Jersey federal court on Wednesday claiming that the Canadian pharmaceutical company inflated its stock by misleading the investing public about the prospects for a drug to help diagnose adult growth hormone deficiency.

  • November 20, 2014

    Trump, Icahn Want Atlantic City's Tax Debt Auction Nixed

    Trump Entertainment Resorts Inc. and its top lender, Carl Icahn, objected Thursday to Atlantic City, New Jersey's request to auction tax certificates for $22 million the company allegedly owes, arguing its turnaround plan could be derailed if it's saddled with tax liabilities that aren't yet finally adjudicated.

  • November 20, 2014

    Property Owners Sue NJ Town, State Over Dune Easements

    Several beachfront property owners have sued Long Beach Township, New Jersey, and the state over the municipality's allegedly improper taking of easements for flood protection efforts, which they say runs afoul of the state's eminent domain law.

  • November 20, 2014

    NJ Court Nixes Atty Contempt Order In Discovery Row

    A New Jersey appellate court on Thursday upended a contempt order against an attorney for allegedly neglecting the document demands of a bottled water company's former officers who accused him of spearheading frivolous criminal charges against them and sought discovery from him in related civil litigation.

  • November 19, 2014

    3rd Circ. Is True Test For NJ's Sports Betting Plans

    The odds are New Jersey won't be able to overcome an effort by sports leagues Thursday to block legalized sports gambling in the Garden State, but the true test of whether the plan clashes with federal law won't come until the dispute goes back up to the Third Circuit, attorneys say.

  • November 19, 2014

    Wyndham, FTC Data Security Row Heads To Mediation

    A New Jersey federal judge has directed the Federal Trade Commission and Wyndham Worldwide Corp. to mediate their closely watched dispute over whether the regulator has the authority to bring lawsuits against companies for instituting allegedly lax data security practices.

  • November 19, 2014

    Brookfield Backs Out Of $110M Deal To Buy Revel Casino

    Brookfield Property Partners, a Canadian real estate company, has withdrawn plans to buy Atlantic City's Revel Casino Hotel, backing out of its deal to purchase the bankrupt property for $110 million following a disagreement with the power plant that provides Revel's long-unpaid utilities. 

  • November 19, 2014

    3rd Circ. Told Actavis Allows Noncash Settlement Scrutiny

    A Third Circuit panel was urged during oral arguments on Wednesday to find that a patent settlement between GlaxoSmithKline LLC and Teva Pharmaceutical Industries Ltd. postponing production of a generic epilepsy drug fell under the ambit of a U.S. Supreme Court ruling allowing antitrust scrutiny of pay-for-delay deals.

  • November 19, 2014

    NJ Appeals Court Says Judge Flubbed Voter Law Ruling

    A New Jersey appellate panel on Wednesday revived a constitutional challenge to the state's requirement that voters register at least 21 days before an election in order to vote, saying the trial judge that upheld the rule didn't adequately explain her decision.

  • November 19, 2014

    Novartis Can't Send Blood Pressure Suits Home

    A New Jersey federal judge on Wednesday refused to send 10 consolidated cases alleging injury from Novartis Pharmaceuticals Corp.’s blood pressure medication back to the plaintiffs’ home districts, saying that factors in the cases weighed in favor of centralization.

  • November 19, 2014

    Trump Resorts Must Prove Case Shouldn't Become Ch. 7

    A Delaware bankruptcy judge on Wednesday ordered Trump Entertainment Resorts Inc. to show why its Chapter 11 case shouldn't be converted to a Chapter 7 liquidation after agreement over the debtor's disclosure statement, which he indicated a day earlier he would approve, fell apart.

Expert Analysis

  • Obama's Immigration Action Is Cause For Celebration

    Robert S. Whitehill

    Though implementation of President Obama's announced changes to U.S. immigration policy on Nov. 20 will take some time and may be slowed by legal action or accelerated by Congress enacting immigration reform, the president's executive action will give hope and relief to millions, which is cause for celebration, says Robert Whitehill of Fox Rothschild LLP.

  • 2 Assumptions Shape 3rd Circ. Reverse Payment Case

    Leslie John

    When it heard oral argument in Louisiana Wholesale Drug Co. Inc. v. SmithKline Beecham Corp. Wednesday, the Third Circuit became the first appellate court to enter the debate regarding the impact of the U.S. Supreme Court’s decision in Actavis. This case will have a significant effect on determining which patent dispute settlements should be subject to rule of reason review under Actavis, say attorneys with Ballard Spahr LLP.

  • Updating Our Understanding Of The FMLA: Part 1

    Linda Dwoskin

    The lesson from the Third Circuit's ruling in Lupyan v. Corinthian Colleges Inc. is that employers must ensure delivery of all legally required notices under the Family Medical Leave Act and retain proof of that delivery, say Linda Dwoskin and Melissa Squire of Dechert LLP.

  • Why Can’t We Be (Facebook) Friends? You Be The Judge

    Peter J. Gallagher

    Some jurisdictions prohibit judges from being social media “friends” with any lawyer who appears regularly before them, while others do not prohibit the practice unless the “friendship” also implicates one of the canons of the Code of Judicial Conduct. The latter seems to be the better approach, says Peter Gallagher of Porzio Bromberg & Newman PC.

  • Crumbs Decision Protects TM Licensees’ 365(n) IP Rights

    Norman S. Rosenbaum

    A recent District of New Jersey decision in the case of Crumbs Bake Shop Inc. is significant because it further illuminates alternative solutions for key unresolved legal questions regarding the treatment of rejected trademark licenses in bankruptcy. Crumbs also has practical implications for the sale of intellectual property portfolios in bankruptcy cases, say attorneys with Morrison & Foerster LLP.

  • What's In A Name? When 'Just Mayo' Isn't 'Mayonnaise'

    Christopher G. Van Gundy

    Unilever's false advertising lawsuit against Hampton Creek Inc.’s “Just Mayo” trademarked brand of egg-free mayo pits an established food manufacturer with beloved brands in recognized product categories against a new company seeking to redefine or create a new category and implicates important aspects of food and advertising law, including the standards of identity in food labeling, says Christopher Van Gundy of Keller and Heckman LLP.

  • 5 Ways To Uncover Bias During Jury Selection

    Joshua Dubin

    Failing to identify and elicit suppressed biases hinders practitioners’ ability to de-select prospective jurors during jury selection. Five strategies can help mitigate the effects of prospective jurors’ tendency to “self-enhance,” says Joshua Dubin, principal of Dubin Research & Consulting.

  • How Senate Without Filibuster-Proof Majority Avoids Gridlock

    William R. Nordwind

    Even without a filibuster-proof majority in the Senate, it is likely to be a very active session for the Republican Congress next year — especially if they take advantage of some key legislative tools available to a congressional majority, say former congressional counsel now with Venable LLP.

  • D&O Liability For Data Breaches After Palkon V. Holmes

    David L. Barres

    A federal district court in New Jersey recently dismissed with prejudice a shareholder derivative suit, Palkon v. Holmes, that sought damages from directors and officers of Wyndham Worldwide Corp. for a series of data breaches. The decision illustrates some of the steps that directors can take to reduce their risk of cyber-related liability, says David Barres of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Possible Conflict Of Interest In NJ Sports Betting Case

    Daniel Wallach

    Despite what you may have read elsewhere, the fact that U.S. District Judge Michael Shipp's brother once played in the NFL is of no legal consequence to Judge Shipp presiding over a New Jersey lawsuit involving the NFL. However, his brother's apparent ambition to become an NFL coach creates at least the appearance of a conflict of interest, says Daniel Wallach of Becker & Poliakoff PA.