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New Jersey
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May 14, 2024
Scooter Rider Not A 'Pedestrian' In PIP Suit, NJ Justices Affirm
An electric scooter operator who was struck by an automobile is not entitled to personal injury protection benefits under his auto policy, a unanimous New Jersey Supreme Court affirmed Tuesday, saying the operator does not fall within the definition of "pedestrian" for purposes of the state's No-Fault Act.
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May 14, 2024
Chinese Drug Co. Sanctioned After 'Tortuous' 3-Year Info Fight
Chinese drug firm Zhejiang Huahai Pharmaceutical Co. Ltd. has been hit with sanctions after its chief executive officer failed to sit for a court-ordered deposition in sprawling multidistrict litigation taking place in New Jersey over generic drugs that U.S. authorities say were contaminated with carcinogens.
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May 14, 2024
What's Behind 'Nuclear' Verdicts? Skeptical Juries, Attys Say
Jurors becoming more skeptical of corporations are handing down sky-high verdicts, and trial attorneys say it's forcing a shift in the strategies they employ as they aim to score — or prevent — so-called nuclear verdicts.
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May 13, 2024
SEC Tells 3rd Circ. Coinbase Can't Force Crypto Rulemaking
The U.S. Securities and Exchange Commission has told the Third Circuit that it already "reasonably explained" why it denied Coinbase's petition for crypto rulemaking and that it shouldn't have to retool its policy priorities just because crypto firms find it challenging to comply with existing laws.
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May 13, 2024
NJ Fraudster Gets More Prison Time, Owes $6M For Tax Evasion
A New Jersey man who was convicted of dodging taxes on more than $16 million he stole from securities fraud victims was handed a six-year prison sentence — most of which will be served simultaneously with his fraud sentence — and ordered to pay over $6 million in restitution during a Garden State federal court hearing Monday in which he denied the crimes.
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May 13, 2024
50 Cent, GC Accused Of Federal Wiretap Violations
A liquor business consultant has told a New York state court that Curtis "50 Cent" Jackson and the rapper's general counsel violated federal and New Jersey wiretap statutes, after the court dismissed an earlier counterclaim lodged under the Illinois Eavesdropping Act.
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May 13, 2024
ADP Wants To Keep 401(k) Fee Suit From Going Before A Jury
ADP said a class of 50,000 retirement plan participants shouldn't be allowed to bring their claims that the company mismanaged their $7.8 billion retirement plan before a jury, arguing that because they're not asking for money damages, they're not owed a trial in the case.
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May 13, 2024
NJ Justices Hold Contract Supersedes Real Estate Wage Law
The contract a real estate agent signed deeming him an independent contractor is enough to resolve his claims of improper wage deductions, the New Jersey Supreme Court ruled Monday, saying that a state three-prong test doesn't need to apply.
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May 13, 2024
McCarter & English Aims To Sink Biotech Malpractice Suit
McCarter & English LLP has asked a New Jersey state judge to toss a legal malpractice suit filed by a former biopharmaceutical client who claims the firm is responsible for the company's financial struggles.
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May 13, 2024
NJ Town Can Shield Atty's ID In Municipal Prosecution Case
The New Jersey state appeals court tackled a novel legal issue Monday in affirming that the Borough of Mantoloking does not need to turn over the identity of an attorney who provided collegial legal advice in the form of an email to a town prosecutor in a contentious traffic infraction case.
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May 13, 2024
NJ Firm's Former Exec Says Home Purchase Not Tied To Theft
A previous McElroy Deutsch executive is fighting a claim on her house after her husband, another former firm leader, copped to stealing $1.5 million, arguing his theft began after January 2017 and therefore the firm could not show funds were used to purchase their New Jersey home in 2016.
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May 13, 2024
'Gamesmanship' Lecture Launches Menendez Bribery Trial
The corruption trial of U.S. Sen. Robert Menendez started Monday with a stern admonition from U.S. District Judge Sidney Stein after the government and defense lawyers squabbled over pretrial disclosures, and a message that the jury may be in for a long haul.
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May 13, 2024
NJ Boater Sued Over Death Of Philly Marketing Exec
The family of a Philadelphia marketing executive on Monday filed a wrongful death suit against the New Jersey boater who was allegedly drunk at the wheel when he hit her while she was swimming off the dock of her Atlantic City townhouse.
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May 10, 2024
Pa. Commission Had Right To Deny Grid Project, 3rd Circ. Told
The Pennsylvania Public Utility Commission called on the Third Circuit on Friday to reinstate its rejection of a transmission power project approved by regional grid operator PJM Interconnection, arguing a federal district court wrongly deemed the decision unconstitutional.
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May 10, 2024
SEC Asks For Win Following Ex-Apple Atty's Guilty Plea
The U.S. Securities and Exchange Commission moved for summary judgment Friday on insider trading claims against a former senior attorney at Apple Inc., arguing there is no need to relitigate claims since the lawyer already pled guilty to criminal charges related to a lucrative insider trading scheme.
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May 10, 2024
Sam Ash Music Can Tap $20M DIP That Trustee Opposed
Music store chain Sam Ash won a New Jersey bankruptcy court's blessing Friday to borrow $20 million in Chapter 11 financing, defeating an objection by the U.S. Trustee's Office to a mechanism that would let the funds be used to pay off existing debt held by the lender.
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May 10, 2024
NJ State Police Settle Suit Over Expungements Backlog
The New Jersey State Police agreed to speed up the processing of expungements to resolve the Office of the Public Defender's proposed class claims over a backlog of judicial orders that numbered 46,000 as of October, Attorney General Matt Platkin and Public Defender Jennifer N. Sellitti said in a joint statement Friday.
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May 10, 2024
Pepperidge Farm Drivers Not Employees, 3rd Circ. Affirms
Three delivery drivers for Pepperidge Farm are independent contractors, not employees, and thus cannot sue the company for state wage and hour law violations, a Third Circuit panel ruled Friday, saying the drivers' daily responsibilities make it clear they are self-employed.
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May 10, 2024
Prudential Investor Attys Seek $9M Fees For Settlement
Attorneys representing investors in a settlement with Prudential Financial Inc. over claims that the insurer misrepresented certain trends affecting its life insurance reserves have asked a New Jersey federal judge to grant final approval of the deal and nearly $9 million in fees.
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May 10, 2024
NJ Attys Settle Malpractice Suit Over Wawa Injury Claim
Attorneys at a New Jersey law firm have settled a malpractice lawsuit from a former client who claimed they caused him to lose his chance to sue convenience store chain Wawa over an on-the-job injury, according to a letter submitted Thursday to state court.
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May 10, 2024
New Evidence, Old Politics To Collide In 2nd Menendez Trial
U.S. Sen. Robert Menendez and the government will face off Monday for the second time before a jury tasked with weighing bribery charges, a courtroom showdown that promises higher stakes — think flashier evidence and a more dramatic defense — than the corruption case the New Jersey Democrat escaped seven years ago.
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May 09, 2024
3rd Circ. Rejects Hunter Biden Gun Appeal, Trial Set For June
The Third Circuit on Thursday refused to consider Hunter Biden's appeal of three Delaware federal court orders declining to dismiss felony firearm charges against him, an order issued the same day the lower court again refused to toss the indictment and scheduled the trial for June.
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May 09, 2024
Walmart Slips Out Of $1.3M Judgment In Icy Slip-And-Fall Suit
A New Jersey state appeals court overturned a jury verdict and $1.3 million judgment awarded to a woman who slipped and fell at a Walmart parking lot, saying the trial judge was required to tell the jury about the state high court's ongoing storm rule.
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May 09, 2024
3rd Circ. Tears Up Pa. Town's 'Crazy Quilt Of A Sign Ordinance'
The Third Circuit backed a lower court's decision Thursday holding that a Pennsylvania town's sign ordinance violated the First Amendment by restricting what "personal expression signs" can be posted based on their content — a precedential victory for local Republicans who challenged the rule.
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May 09, 2024
Ex-Official Says NJ, Ethics Board Are 'Stonewalling' Discovery
A former New Jersey health official has asked a state judge to order the state and its ethics commission to provide full discovery around his claims that he was fired in 2020 for raising concerns about the governor's chief of staff earmarking COVID-19 tests for relatives, accusing the Garden State of "stonewalling" his requests for documents and communications.
Expert Analysis
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In The World Of Legal Ethics, 10 Trends To Note From 2023
Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
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The Key Laws Retailers Should Pay Attention To In 2024
2024 promises to be another transformative year for retailers as they navigate the evolving regulatory landscape, particularly surrounding data privacy and sustainability laws, meaning companies should make it a practice to keep track of new legislation and invest in compliance efforts early on, say attorneys at Benesch.
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What WeWork's Ch. 11 Filing Means For Landlords
WeWork’s recent Chapter 11 filing in New Jersey has the potential to be one of the most consequential cases in the real estate industry in many years, and presents a number of issues for landlords, including unexpired leases, assumption, assignment and more, say attorneys at Mayer Brown.
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How Attorneys Can Be More Efficient This Holiday Season
Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
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Top 10 Whistleblowing And Retaliation Events Of 2023
The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.
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The 4 Top Philadelphia Commerce Court Opinions Of 2023
Four 2023 rulings from the Philadelphia County Court of Common Pleas — including decisions on judicial privilege, stay requests, sheriff's sales and the appointment of a receiver — highlight the court's commitment to stringent standards and address evolving challenges in commercial litigation, say Jonathan Hugg and Sarah Boutros at Eckert Seamans.
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5 Trends To Watch In Property And Casualty Class Actions
In 2023, class action decisions have altered the landscape for five major types of claims affecting property and casualty insurers — total loss vehicle valuation, labor depreciation, other structural loss estimating theories, total loss vehicle tax and regulatory fees, and New Mexico's uninsured and underinsured motorist coverage sale requirements, say Mark Johnson and Mathew Drocton at BakerHostetler.
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Series
Children's Book Writing Makes Me A Better Lawyer
Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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Lessons From This Year's Landmark Green Energy IP Clash
In this year's Siemens v. General Electric wind turbine patent dispute, a Massachusetts federal court offers a cautionary tale against willful infringement, and highlights the balance between innovation, law and ethics, as legal battles like this become more frequent in the renewable energy sector, say John Powell and Andrew Siuta at Sunstein.
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What 3rd Circ. Gets Wrong About Arbitration Enforcement
The Third Circuit and other courts should correct their current law, exemplified by the Third Circuit's recent decision in Henry v. Wilmington Trust, requiring a motion to dismiss based on an arbitration clause because it conflicts with the Federal Arbitration Act, the Federal Rules of Civil Procedure, and — with regard to the improper-venue approach — U.S. Supreme Court precedent, says David Cinotti at Pashman Stein.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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The Key To Defending Multistate Collective FLSA Claims
Federal circuit courts are split on the reach of a court's jurisdiction over out-of-state employers in Fair Labor Standards Act collective actions, but until the U.S. Supreme Court agrees to review the question, multistate employers should be aware of a potential case-changing defense, say Matthew Disbrow and Michael Dauphinais at Honigman.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.