New Jersey

  • May 29, 2015

    Borgata Can't Shake Parking Voucher Suit

    Two Borgata Hotel Casino & Spa patrons can proceed with their putative class action alleging they were wrongfully denied use of free parking vouchers after a New Jersey federal judge on Friday ruled their claims to be adequate under several consumer protection laws.

  • May 29, 2015

    Steel Co. Says Port Authority Owes $6.6M For WTC Project

    A contractor for the Port Authority of New York and New Jersey lobbed a suit on Friday in New York state court accusing the bistate agency of skipping out on a $6.6 million tab it owes for the installation of steel structures at a World Trade Center facility.

  • May 29, 2015

    Ex-Merck Director's Pregnancy Bias Suit Heads To Jury

    Counsel for a former Merck & Co. Inc. executive claiming gender and pregnancy discrimination cost her a promotion and then her job made a final pitch to jurors on Friday, trying to paint the business reasons the pharmaceutical giant has offered for those moves as mere pretext.

  • May 29, 2015

    Ford Truck Dealers Ask High Court To Revive Contract Row

    More than 60 former Ford Motor Co. heavy-duty truck dealers urged the U.S. Supreme Court to review a Third Circuit decision binding them to its 2013 ruling that nixed a $30 million jury award in a breach of contract class action against Ford, saying the appellate court’s underlying opinion contained factual errors.

  • May 29, 2015

    NJ Developer To Pay $225K For Clean Water Act Violations

    A New Jersey real estate developer has agreed to pay a $225,000 penalty to settle allegations it failed to control stormwater discharges that resulted in pollution of six watersheds, the U.S. Department of Justice and Environmental Protection Agency said Friday.

  • May 29, 2015

    3rd Circ. Urged To Revive Suit Against Personal Injury Firms

    A woman accusing personal injury firms Layser & Freiwald PC and Spencer & Associates of botching a medical malpractice suit urged the Third Circuit on Wednesday to revive her professional negligence suit, saying the Pennsylvania high court ruling relied on by the lower court did not apply in her case.

  • May 29, 2015

    Maimed NJ Woman Sues Conrail Over Chemical Spill

    Consolidated Railroad Corp. and related rail companies fighting lawsuits over a 2012 train derailment and chemical spill after a bridge collapse were hit with another complaint Tuesday by a New Jersey woman who claims the resulting toxic exposure led to the amputation of her right leg.

  • May 29, 2015

    NJ Panel Deep-Sixes Offshore Wind Farm Proposal

    A New Jersey appeals court delivered another blow Friday to the lone applicant of the state's offshore wind energy program, saying the New Jersey Board of Public Utilities' refusal to greenlight a proposed project was lawful and should be given deference.

  • May 28, 2015

    OneBeacon Owes $5.4M Damages In Olin Cleanup Row

    A New York federal judge on Thursday awarded Olin Corp. $5.4 million in a dispute with OneBeacon American Insurance Co. over environmental cleanup costs at a New Jersey site, after denying OneBeacon's request for trial to determine the amount because standard pro rata allocation method applied.

  • May 28, 2015

    SEC Accuses 2 Canadians In $17M 'Pump-And-Dump' Scheme

    Two Canadian penny stock promoters have been accused in New Jersey federal court of manipulating two microcap stocks to create the false appearance of market interest, generating $17.2 million in illegal stock sale proceeds, the U.S. Securities and Exchange Commission said Thursday.

  • May 28, 2015

    Port Authority Takes Next Step In $3.6B LaGuardia Upgrades

    The Port Authority of New York & New Jersey board of commissioners voted unanimously Thursday to award a $3.6 billion development project at LaGuardia Airport to a group led by Swedish construction giant Skanska AB as the cross-state agency moves forward with the the first step in a massive overhaul of the aging airport.

  • May 28, 2015

    NJ Supreme Court Sides With Citi In Bankruptcy Tolling Spat

    New Jersey's Supreme Court ruled Thursday that lower courts properly extended the yearlong period CitiMortgage Inc. could challenge a couple's ability to discharge liens on their property following their emergence from bankruptcy, because Citi was never served notice of the bankruptcy.

  • May 28, 2015

    NJ Mortgage Officer Pleads Guilty In $6M Fraud Scheme

    A New Jersey man on Thursday admitted his role in a mortgage scheme that used phony documents and straw buyers to fraudulently obtain over $6 million in property loans, leading to several defaults and exposing public and private lenders to millions of dollars in potential losses.

  • May 28, 2015

    Daiichi Sankyo Looks To Fuse NJ Benicar Suits

    Japanese pharmaceutical giant Daiichi Sankyo Inc. is pressing the New Jersey Supreme Court to formally centralize dozens of lawsuits in the state blaming Benicar and its other blood pressure medications for gastrointestinal problems, according to a notice posted Wednesday.

  • May 28, 2015

    3rd Circ. Affirms Fraud Conviction Of Pa. Hospice Owner

    The Third Circuit affirmed a Philadelphia hospice owner’s conviction on Medicare fraud charges Thursday, saying the defendant’s claims of prosecutorial misconduct, evidentiary errors, and harsh sentencing and restitution order were without merit.

  • May 28, 2015

    NJ Cardiology Practice To Pay $3.6M For False Claims

    A New Jersey cardiology practice will pay $3.6 million to settle allegations from federal prosecutors that it billed federal health care programs for tests that were not medically necessary in violation of the False Claims Act, the U.S. Department of Justice said Thursday.

  • May 28, 2015

    Days Inn Sues GHR For Violating Franchise Agreement

    Delaware-based hotel chain Days Inn Worldwide Inc. on Wednesday filed a suit against its franchisee GHR Enterprises Inc. in New Jersey federal court, claiming that the company violated a franchise agreement by defaulting on payments and failing to bring its franchise up to Days Inn's quality standards.

  • May 28, 2015

    Sports Dealer Wants Judge DQ'd In Giants Fake Merch Suit

    A memorabilia dealer accusing the New York Giants of scapegoating him to conceal the distribution of sham collectibles wants the New Jersey judge overseeing the case to step aside, contending that, as a season ticket purchaser and long-time fan of the football team, his impartiality could be questioned.

  • May 28, 2015

    NJ Development Agency Accused Of Firing Whistleblower

    A former finance officer for the New Jersey Economic Development Authority has sued the agency alleging he was ultimately fired for refusing his supervisor's directives to falsify ineligible applications for funding programs and to reject qualified applicants who complained to the agency.

  • May 28, 2015

    NJ Bridge Scandal Figures Gun For Gibson Dunn's Notes

    Former New Jersey officials battling criminal charges in the George Washington Bridge scandal moved Wednesday to subpoena Gibson Dunn for interview notes from its investigation into the alleged act of political retribution, saying if those notes were destroyed, it would be “highly inappropriate."

Expert Analysis

  • PJM Continues To Come Under Attack

    Arthur W. Adelberg

    Linden VFT LLC's recent complaint against the Federal Energy Regulatory Commission's revisions to its transmission planning and cost allocation regulations is merely the latest and comes on top of ongoing litigation over similar issues in the Section 205 proceedings triggered by PJM Interconnection LLC's filing for regional transmission expansion plan-related tariff revisions, says Arthur Adelberg of Hiscock & Barclay LLP.

  • Analyzing Data Trends To Shape Complex Litigation Strategy

    Elizabeth Figueira

    With the understanding that jurisdictional data trends can shape complex litigation strategy, Crowell & Moring LLP attorneys Keith Harrison and Elizabeth Figueira offer a snapshot of the time to resolution of recent disputes in the U.S. District Courts and Courts of Appeals.

  • And Now A Word From The Panel: The MDL Lexicon

    Alan E. Rothman

    As the Judicial Panel on Multidistrict Litigation heads to Minneapolis, Minnesota — currently home to 10 MDL proceedings — for its post-Memorial Day hearing, this month’s column recaps the March session and explores the “MDL Lexicon,” says Alan Rothman of Kaye Scholer LLP.

  • Sign Of Courts' Growing Impatience With Procedural Errors

    Bruce P. Merenstein

    The Third Circuit decision in Lehman Brothers Holdings Inc. v. Gateway Funding Diversified Mortgage Services LP — and some strong words from the court in its opinion — have raised concerns that the court may be becoming more rigid in its application of procedural rules, and signals that federal appellate courts may be losing patience with procedural errors, say Carl Solano and Bruce Merenstein of Schnader Harrison Segal & Lewis LLP.

  • The NJ High Court Case That Could Recast NJ Insurance Law

    William F. Stewart

    Although the New Jersey Supreme Court made no new law on substantive coverage issues in Occhifinto v. Olivo Construction Co., a colorable argument can be made that Occhifinto is the most important New Jersey insurance case in more than a decade. The court’s procedural holdings are likely to impact if, how, when, by whom and where, coverage cases are litigated, says William Stewart of Stewart Bernsteil Rebar Smith.

  • NJ Court Fails To Clarify Payroll Account Levy Rules

    Nicholas M. Gaunce

    The New Jersey state appeals court in The Pitney Bowes Bank Inc. v. ABC Caging Fulfillment seemingly set a bright-line test balancing the rights of judgment creditors and employees when it comes to monies in a levied “payroll” bank account. Where Pitney Bowes falls short, however, is in describing what proofs a business debtor must utilize to establish what amounts are owed to employees, says Nicholas Gaunce of Eckert Seamans Cheri... (continued)

  • Physician Anti-Solicitation Clauses: A Case Study

    Joseph M. Gorrell

    Public interest demands that when physicians leave a medical practice and are subject to an anti-solicitation clause patients remain informed of their physician’s new location and contact information. Irrespective of the financial interest of the physicians involved, the patient’s right to be cared for by the physician of his or her choice and continuity of care demand nothing less, says Joseph Gorrell of Brach Eichler LLC.

  • OPINION: Pro Bono Lawyers Can Close Debtors' Prisons

    Lisa W. Borden

    The damning U.S. Department of Justice report on municipal court practices in Ferguson, Missouri, recently put a spotlight on the re-emergence of debtors' prisons. These practices are by no means limited to Ferguson. As tax revenue and other sources of operating income have declined, many cities and towns throughout the country have looked to municipal court operations as a primary source of revenue, says Lisa Borden of the Associa... (continued)

  • 3rd Circ. Offers A Defense In Data Breach Class Actions

    Nicholas Ranjan

    A growing body of case law in the Third Circuit on Article III standing over data breach litigation offers a simple lesson: Companies that find themselves as defendants in data breach class actions should determine whether plaintiffs have alleged any injuries in fact and, if not, move to dismiss the litigation at the outset, say Nicholas Ranjan and Syed Ali of K&L Gates LLP.

  • Killing A Mocking Burd And Other NJ Duty To Defend Issues

    Michael D. Lichtenstein

    Since the Supreme Court of New Jersey’s 1970 decision in Burd v. Sussex Mutual Insurance Co., insurers have steadily eroded their duty to defend obligation under commercial general liability policies to a far less valuable duty to reimburse. Until this issue gets back to the New Jersey Supreme Court, Burd will remain an albatross around the collective necks of New Jersey insureds, say Michael Lichtenstein and Craig Dashiell of Lowe... (continued)