New Jersey

  • July 29, 2016

    NJ Merck Employees Suspend FLSA Suit Amid Settlement Talks

    A Fair Labor Standards Act suit launched by 26 Merck employees in New Jersey federal court, accusing the pharmaceutical giant of requiring employees to work 45 minutes before their regular shift each day without pay, was voluntarily dismissed on Friday, following notice that progress has been made in confidential settlement talks.

  • July 29, 2016

    Planet Fitness Member Contract Class Action Trimmed In NJ

    A New Jersey federal judge on Thursday trimmed most claims from a putative class action alleging Planet Fitness Inc.'s membership agreements violate state consumer protection laws and suggested that the case may be remanded to state court in light of its reduced size.

  • July 29, 2016

    Ex-NJ Mayor Gets Probation Over Secret Development Deal

    A former New Jersey mayor was sentenced to four years of probation Friday for failing to disclose his financial relationship with a farmland developer whose project he helped advance through his capacity as a public official, Acting Attorney General Christopher S. Porrino said.

  • July 29, 2016

    Exotic Dancer Must Arbitrate Wage Claims, NJ Judge Says

    A New Jersey federal judge on Friday tossed a putative collective and class action brought against an adult nightclub by an exotic dancer over allegedly unpaid wages, finding that the woman must arbitrate her claims under an agreement in which she waived her right to go to court.

  • July 29, 2016

    3rd Circ. Right On Gas Lease Class Arbitration, Justices Hear

    Chesapeake Appalachia LLC is urging the U.S. Supreme Court not to disrupt a Third Circuit opinion that it was up to the courts — not an arbitrator — to determine whether the company's gas lease royalty fight with Scout Petroleum LLC can be arbitrated on a classwide basis.

  • July 29, 2016

    Pittsburgh Glass Worker Urges 3rd Circ. To Revive Bias Class

    The Third Circuit was urged in a brief on Wednesday to recertify a class of workers in an age bias suit against Pittsburgh Glass Works LLC based on the theory that upper management at the company must have known about allegedly discriminatory staffing decisions made in individual departments.

  • July 29, 2016

    Menendez Must Face Corruption Charges, 3rd Circ. Finds

    The Third Circuit on Friday refused to toss criminal charges alleging U.S. Sen. Bob Menendez, D-N.J., unlawfully assisted a Florida eye doctor in exchange for gifts and political contributions, rejecting the senator’s arguments that the indictment against him improperly relies on constitutionally protected legislative acts.

  • July 28, 2016

    2nd Circ. Won't Rethink NY In-State Law Office Requirement

    The Second Circuit on Thursday declined the chance to reconsider its decision upholding a New York law requiring nonresident attorneys to maintain a physical office in the state, keeping in place its controversial split ruling that such a law is constitutional.

  • July 28, 2016

    Ex-Louis Berger Execs Hit With FCA Suit Over Billing Fraud

    The former CEO and chief financial officer of Louis Berger Group Inc. were hit with a False Claims Act suit in Maryland federal court Thursday, following earlier criminal convictions of the pair, alleging they conspired to overbill the federal government on Afghanistan and Iraq reconstruction contracts.

  • July 28, 2016

    Ferrari Plans To Settle In Computer System Dispute

    Marketing technology company Intelliga Communications Inc. and Ferrari are planning to settle the remaining claims in a lawsuit alleging the luxury car maker stole an asset management computer system and allowed Intelliga’s competitor to access it, according to a New Jersey federal judge’s order Thursday.

  • July 28, 2016

    Jackson Lewis Hit With Malpractice Suit From Ex-Coach

    The former women's basketball coach at Kean University has hit Jackson Lewis PC with a malpractice suit in New Jersey state court alleging the law firm negligently represented her during the NCAA probe that led to her removal from the team, reviving a claim a New Jersey federal judge tossed in December.

  • July 28, 2016

    NJ Justices Say Courts Can't Deny A Jury Trial As Sanction

    The New Jersey Supreme Court ruled Thursday that judges can’t strip litigants of a jury trial as a sanction for making procedural errors in court filings because having a case tried before peers is a constitutional right.

  • July 28, 2016

    Starr Gave Up Right To Void Heinz Policy, 3rd Circ. Told

    Heinz told the Third Circuit on Wednesday that Starr Surplus Lines Insurance Co. lost its right to rescind a $25 million policy in a battle over coverage for lead-tainted baby food by invoking a policy provision to apply insurer-friendly New York law, arguing that the insurer can't both enforce and refute the policy.

  • July 28, 2016

    Pharma Co. Hit With Bias Suit From Ex-Global Study Leader

    A Grunenthal GmbH subsidiary has been slapped with a gender and disability discrimination lawsuit in New Jersey state court from a former Global Operations Study Leader alleging she was fired in June after seeking accommodations for her health problems and raising concerns about the mistreatment of women at the pharmaceutical company.

  • July 28, 2016

    ShopRite Sues NJ Town To Halt Competing Project

    A Hanover, New Jersey, ShopRite supermarket operator has accused the township of improperly granting a construction permit for a shopping center with a competing grocery store, arguing that the developer's plan has changed substantially since it received municipal approval and hasn’t secured required state approval.

  • July 28, 2016

    3rd Circ. Upholds Sun Capital's Exit From WARN Act Suit

    The Third Circuit on Wednesday affirmed that a group of truckers challenging their bankrupt employer’s failure to notify them of sudden layoffs could not bring legal claims against the trucking company’s private equity owner, Sun Capital Partners Inc., finding the two companies did not function as a “single employer.”

  • July 28, 2016

    Par Pharma Sued For Abusing Monopoly Of Vasopressin

    Fresenius Kabi USA LLC on Wednesday filed suit in a New Jersey federal court against Par Pharmaceutical Cos. Inc., the maker of an intravenous vasopressin solution, alleging the company abused its monopoly position and hampered potential competitors from entering the market for the drug.

  • July 27, 2016

    Benicar MDL Partially Remanded To Missouri State Court

    A New Jersey federal judge on Wednesday allowed 79 people in a suit alleging they suffered gastrointestinal injuries after taking Daiichi Sankyo Inc.’s blood pressure drug Benicar to move their case back to Missouri state court or refile, as the court doesn’t have jurisdiction over the claims, which are part of multidistrict litigation.

  • July 27, 2016

    3rd Circ. Won't Touch Avandia MDL Fee Ruling

    The Third Circuit on Wednesday affirmed a lower court's decision requiring a law firm to put a percentage of its proceeds into a common benefit fund after it helped settle a batch of Illinois state product liability suits over GlaxoSmithKline’s diabetes drug Avandia.

  • July 27, 2016

    NJ High Court To Review Class Cert. In Drink Pricing Suits

    The New Jersey Supreme Court on Tuesday agreed to consider related appeals about whether class certification is appropriate in separate lawsuits alleging a restaurant chain violated state consumer protection laws by not including drink prices on its menus.

Expert Analysis

  • Prevent Litigation From Becoming A Threat To Data Security

    Dante Stella

    Recent headline-grabbing data security incidents have shed light both on direct and collateral impacts to companies and their employees. Attorneys should take steps to ensure that their role in the conduct of litigation does not in itself lead to similarly damaging disclosures of sensitive information, say Dante Stella and Sherrie Farrell of Dykema Gossett PLLC.

  • Corporations In The Crosshairs Of Product Liability Claims

    Stephanie E. Parker

    More than in past presidential campaigns, the leading candidates have targeted American corporations, taking turns outbidding one another in appealing to anti-corporate sentiments. And the plaintiffs bar has been trying to leverage the mood across a broad front — from changes in jury selection to trial strategy to the types of claims they bring, say attorneys at Jones Day.

  • OPINION: Our Juries Are Being Circumvented

    Suja A. Thomas.jpg

    The Freddie Gray case and the U.S. Supreme Court ruling regarding former Virginia Governor Robert McDonnell demonstrate how the government replaces juries, eliminating an important community decision maker and a check on governmental power, says Professor Suja Thomas of the University of Illinois College of Law.

  • Legal Aid, Meet Legal Tech

    IMG_0023.JPG

    Because there will never be enough free lawyers to satisfy demand from low-income Americans, we need to leverage technology to allow the legal expertise of one lawyer to reach hundreds or thousands of clients at once, say Jonathan Petts and Rohan Pavuluri, co-founders of startup nonprofit Upsolve.

  • And Now A Word From The Panel: 4 All-Star MDLs

    Alan E. Rothman

    In honor of the recent Major League Baseball All-Star Game, this month’s column will name its own all-star team — four multidistrict litigations, across various categories, that changed or are changing the game, says Alan Rothman of Kaye Scholer LLP.

  • Eliminating Ultrahazardous Activity Liability In Enviro Cases

    Thomas A. Manakides

    In toxic tort or environmental cases, both the causal chain and the equities at stake are markedly different compared to standard ultrahazardous activity cases. Such cases raise the question of whether an activity involving no known serious risks at the time it was carried out can give rise to strict liability decades later, say Thomas Manakides and Joseph Edmonds at Gibson Dunn & Crutcher LLP.

  • Testing The UBE: Portable But Inaccurate Bar Exam Scores

    Suzanne Darrow-Kleinhaus

    While there is not much that is new about the uniform bar exam’s components, what is new is that where you take the bar exam may make the difference between passing and failing. Half of the score depends on the strength of the applicant pool in the jurisdiction where the candidate wrote the exam, which may lead to “UBE shopping,” says Suzanne Darrow-Kleinhaus, director of bar programs at Touro Law Center.

  • No Such Thing As A Free House? NJ Court Says Otherwise

    Joy Harmon Sperling

    In Anim Investment Co. v. Shaloub the New Jersey Superior Court in Bergen County recently provided the defendants with a free house by barring the plaintiff from foreclosing on its mortgage loan, and also deprived the plaintiff of an alternative equitable remedy, say Rachel Packer and Joy Harmon Sperling at Day Pitney LLP.

  • EPA Wants More Control Over State-Issued Discharge Permits

    Ronda L. Sandquist

    Proposed changes to the U.S. Environmental Protection Agency's National Pollutant Discharge Permit System would make minor revisions to program definitions and the contents of permit fact sheets, and major revisions that will expand the EPA’s ability to object to permits administratively continued by a state program, say attorneys at Brownstein Hyatt Farber Schreck LLP.

  • Testing The UBE: Missouri Benefits From Uniform Bar Exam

    Jim Nowogrocki

    We in Missouri do not take lightly to new trends or frothy ideas. Yet, the uniform bar exam has allowed us to meet the challenges of an increasingly mobile legal profession and the changing needs of clients, and to ensure that a newly admitted attorney has the knowledge, character and fitness to practice in the Show-Me State, says Jim Nowogrocki, president of the Board of Law Examiners in Missouri — the first state to adopt the UBE.