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New Jersey
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March 01, 2024
Walsh Pizzi Adds 2nd Retired NJ Federal Judge To ADR Group
Walsh Pizzi O'Reilly Falanga LLP announced Friday that it has strengthened the firm's mediation and arbitration lineup with former U.S. Magistrate Judge Douglas Arpert, marking the second time in recent years that the firm has brought on a retired New Jersey federal magistrate judge.
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February 29, 2024
NJ Gaming Enforcer Cashes Out, Retiring After 13 Years
After guiding New Jersey's gambling industry through 13 years of change, including the start of legal internet casino gambling and sports wagering, David L. Rebuck is retiring as director of the state's Division of Gaming Enforcement, or DGE, Attorney General Matthew J. Platkin announced Thursday.
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February 29, 2024
Sunscreen Can't Be 'Waterproof,' Suit Says
MISSHA and A'pieu sunscreen customers have told a New Jersey federal judge that the claims by the company behind those brands that its products are "waterproof" don't hold up, because in fact the sunscreen that doesn't wash away eventually does not exist.
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February 29, 2024
Children's Clothing Co. Overstated Sales Prospects, Suit Says
Children's clothing retailer and wholesaler The Children's Place artificially inflated stock prices by overstating sales guidance and concealing its promotion strategy, damaging investors when disappointing financial results and a guidance-cut announcement led to a share decline, according to a recent proposed class action.
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February 29, 2024
Judge OKs $6M Settlement In BMW Emissions Suit
A federal judge in New Jersey has signed off on a $6 million deal between BMW and drivers of two models who claimed the vehicle-maker unfairly beat emissions testing with specific kinds of software.
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February 29, 2024
NJ Towns Can't Sue Netflix, Hulu For Fees, 3rd Circ. Says
Two New Jersey municipalities cannot sue Netflix and Hulu for franchise fees under the state's Cable Television Act, the Third Circuit held Thursday in a precedential opinion, saying the state statute reserves enforcement of the law to the state Board of Public Utilities.
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February 29, 2024
Fox Rothschild Wants Atty Gag Order In NJ Malpractice Suit
Fox Rothschild LLP asked a New Jersey federal court Thursday to impose a gag order on an attorney who recently called it a "corrupt organization" and threatened criminal prosecution, claiming those comments — made in a malpractice lawsuit over allegedly botched immigration work — are a cynical ploy to extort the firm into "a lucrative settlement."
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February 29, 2024
Ex-McElroy Deutsch Exec Seeks Docs In NJ Retaliation Suit
A former McElroy Deutsch Mulvaney & Carpenter LLP executive, who is accused with her husband of stealing more than $3 million from the firm, has taken up another discovery fight in her lawsuit against the firm, arguing she should have access to memos from the exit interviews of ex-employees alleging gender disparities at the firm.
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February 29, 2024
Amazon Seller Thrasio Seeks $360M DIP Facility In Ch. 11
Thrasio Holdings Inc., which aggregates third-party brands for sale on Amazon, has urged a New Jersey bankruptcy court to sign off on an agreement the company struck with lenders to finance the consumer goods business' Chapter 11 case to the tune of $360 million.
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February 29, 2024
NJ Panel Says Ex-City Prosecutor Not Eligible For Pension
A former municipal prosecutor was not a city employee but a professional service provider, a New Jersey appellate panel held Thursday, stripping him of seven years of pension participation and credits.
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February 28, 2024
NJ Panel Frees National Boys & Girls Club From Abuse Claims
The New Jersey state appeals court on Wednesday freed Boys & Girls Clubs of America from consolidated litigation over alleged sexual abuse in the '70s and '80s by a counselor then employed by the nonprofit's Hudson County chapter, ruling that the national organization had no control over the local unit's operations.
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February 28, 2024
Retainer Signature Dispute Ends In Nixing Of NJ Billing Suit
A New Jersey law firm cannot pursue claims for unpaid bills against the operators of a nursing home it once represented, an appellate panel has ruled, upholding a trial court's finding that, because the individuals did not sign a retainer agreement as individuals, they cannot be personally liable.
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February 28, 2024
NY Bar Assoc. Building Owner Hits Ch. 11 Amid Lender Tiff
The company that controls the historic New York County Lawyers Association Building in Manhattan petitioned a New Jersey bankruptcy court for Chapter 11 protection Wednesday, estimating between $50 million and $100 million in debt, as it faces in New York a roughly $28 million lawsuit leveled by a mortgage lender.
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February 28, 2024
NJ County Clerks Raise Concerns About Ballot Lawsuit
Four New Jersey county clerks responded Wednesday to a lawsuit filed by U.S. Senate candidate Andy Kim and two others challenging the fairness of the election ballot layout, saying that "at this late date in the process" any changes to procedures "will have cascading and rippling effects on the election, officials, candidates and voters."
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February 28, 2024
4 Firms Plan To Co-Lead Suboxone Dental Decay MDL
Attorneys from Peiffer Wolf Carr Kane Conway & Wise LLP and three other law firms have asked an Ohio federal judge to appoint them co-lead counsel for the new multidistrict litigation over opioid addiction treatment Suboxone allegedly causing dental decay, with 14 other firms seeking appointment to plaintiff leadership committees.
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February 29, 2024
Judge's Ethics Case Over Aide's Remote Work Raises Doubts
An ethics complaint against a New Jersey state judge for allowing his secretary to work remotely shows Garden State jurists are on a short leash in running their chambers, but the unusual case has left some questioning whether the conduct merits disciplinary charges.
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February 28, 2024
US Trustee Taps Ex-Prosecutor To Be FTX Examiner
The U.S. Trustee's Office has urged a Delaware bankruptcy judge to allow Robert Cleary, a former U.S. attorney who is now with Patterson Belknap Webb & Tyler LLP, to investigate FTX's finances as an examiner in the defunct cryptocurrency company's Chapter 11 case.
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February 28, 2024
3rd Circ. Won't Rehear Pfizer Shareholder Suit Coverage Row
Pfizer won't get a second shot at arguing its insurer should indemnify it in a settlement stemming from a 2003 shareholder class action, with the Third Circuit on Wednesday declining the pharmaceutical company's request for an en banc rehearing.
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February 28, 2024
Major Amazon Seller Thrasio Enters Ch. 11 To Cut $500M Debt
Thrasio Holdings Inc., a consumer goods company that is one of Amazon's largest third-party sellers, announced Wednesday that it entered Chapter 11 bankruptcy in New Jersey with the aim of cutting nearly $500 million in debt while bringing in more capital.
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February 27, 2024
Eagles Rocker Testifies His Draft Lyrics Were Stolen, Hawked
Eagles singer and lyricist Don Henley took the stand this week in the criminal case against three men who allegedly tried to sell what prosecutors say were the rock star's stolen draft lyric sheets, telling a state judge he never wanted anyone to see his creative "detritus."
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February 27, 2024
J&J's CMO Says He Would've Pulled Talc If It Caused Cancer
The chief medical officer at Johnson & Johnson told jurors Tuesday that his department's review of the scientific literature showed no link between baby powder use and ovarian cancer, saying he would have pulled the product from shelves if they'd found a link.
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February 27, 2024
NJ Real Estate Fund Executive Cops To $658M Ponzi Scheme
The CEO of a Garden State real estate investment fund pled guilty in New Jersey federal court on Tuesday to defrauding more than 2,000 investors through a $658 million Ponzi scheme, while also evading millions of dollars in tax liabilities, according to federal prosecutors.
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February 27, 2024
Atty Isn't Liable As Husband's Firm Partner, NJ Panel Says
A New Jersey appellate panel on Tuesday said retired attorney Gail Beran isn't liable for malpractice in connection with her husband's failure to file a bankruptcy on time, because his then-clients didn't rely on the idea that she was a partner when they decided to hire the firm.
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February 27, 2024
NJ Investment Adviser Indicted In $5M Financing Fee Scheme
A New Jersey investment adviser has been charged with fraudulently collecting millions of dollars in fees from people seeking funding for commercial projects and misappropriating at least $800,000 for his own personal benefit, the U.S. Attorney's Office for the District of New Jersey said in an indictment filed on Tuesday.
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February 27, 2024
Hospital Groups Allege Opioid Crisis Damaged Their Finances
More than 20 hospitals and related companies have joined multidistrict litigation over the opioid epidemic, alleging in a massive new complaint that pharmacies, drug distributors and others contributed to a crisis that damaged hospitals' finances and strained their ability to help patients.
Expert Analysis
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Lawyer Discernment Is Critical In The World Of AI
In light of growing practical concerns about risks and challenges posed by artificial intelligence, lawyers' experience with the skill of discernment will position them to help address new ethical and moral dilemmas and ensure that AI is developed and deployed in a way that benefits society as a whole, says Jennifer Gibbs at Zelle.
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Opinion
8th Circ. Judge Is Right — Climate Suits Should Be Federal
While the Eighth Circuit recently ruled that Minnesota v. American Petroleum Institute, a climate change lawsuit, belongs in state court, a concurring opinion from one judge on the panel offers a convincing argument that questions involving alleged climate liability can only be resolved at the federal level, says former Maine Attorney General Andrew Ketterer.
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Opinion
It's Time For Lawyers To Stand Up For Climate Justice
The anniversary this week of the Deepwater Horizon disaster offers an opportunity for attorneys to embrace the practice of just transition lawyering — leveraging our skills to support communities on the front lines of climate change and environmental catastrophe as they pursue rebuilding and transformation, says Amy Laura Cahn at Taproot Earth.
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Don't Forget Alumni Engagement When Merging Law Firms
Neglecting law firm alumni programs after a merger can sever the deep connections attorneys have with their former firms, but by combining good data management and creating new opportunities to reconnect, firms can make every member in their expanded network of colleagues feel valued, say Clare Roath and Erin Warner at Troutman Pepper.
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NJ's Natural Resource Damage Order May Be Helpful For Cos.
A recent New Jersey Department of Environmental Protection order clarifying its natural resource damage enforcement practices may finally provide regulated companies with long-sought guidance to assess environmental liability at contaminated sites in a reasonable and cost-effective manner, say attorneys at Archer & Greiner.
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Without Stronger Due Diligence, Attys Risk AML Regulation
Amid increasing pressure to mitigate money laundering and terrorism financing risks in gatekeeper professions, the legal industry will need to clarify and strengthen existing client due diligence measures — or risk the federal regulation attorneys have long sought to avoid, says Jeremy Glicksman at the Nassau County District Attorney’s Office.
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Insureds' Notice Pleading May Be Insufficient In Federal Court
A recent New Jersey federal court ruling in Bauman v. Hanover Insurance held that bare-bones notice pleading was insufficient and dismissed the policyholder's coverage complaint, a reminder that courts may require more than an expression of general disagreement with an insurance company's denial letter to proceed with the case, says Eugene Killian at The Killian Firm.
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Cannabis Labor Peace Laws Lay Fertile Ground For Unions
State legislatures are increasingly passing cannabis laws that encourage or even mandate labor peace agreements as a condition for licensure, and though open questions remain about the constitutionality of such statutes, unionization efforts are unlikely to slow down, says Peter Murphy at Saul Ewing.
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Every Lawyer Can Act To Prevent Peer Suicide
Members of the legal industry can help prevent suicide among their colleagues, and better protect their own mental health, by learning the predictors and symptoms of depression among attorneys and knowing when and how to get practical aid to peers in crisis, says Joan Bibelhausen at Minnesota Lawyers Concerned for Lawyers.
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Building On Successful Judicial Assignment Reform In Texas
Prompt action by the Judicial Conference could curtail judge shopping and improve the efficiency and procedural fairness of the federal courts by implementing random districtwide assignment of cases, which has recently proven successful in Texas patent litigation, says Dabney Carr at Troutman Pepper.
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Do Videoconferences Establish Jurisdiction With Defendants?
What it means to have minimum contacts in a foreign jurisdiction is changing as people become more accustomed to meeting via video, and defendants’ participation in videoconferencing may be used as a sword or a shield in courts’ personal jurisdiction analysis, says Patrick Hickey at Moye White.
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Prepare Now To Comply With NJ Temp Worker Law
New Jersey temporary staffing firms and their clients must prepare now for the time-consuming compliance requirements created by the controversial new Temporary Laborers' Bill of Rights, or face steep penalties when the law's strict wage, benefit and record-keeping rules go live in May and August, say attorneys at Duane Morris.
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Opinion
Humanism Should Replace Formalism In The Courts
The worrying tendency for judges to say "it's just the law talking, not me" in American decision writing has coincided with an historic decline in respect for the courts, but this trend can be reversed if courts develop understandable legal standards and justify them in human terms, says Connecticut Superior Court Judge Thomas Moukawsher.
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Don't Let Client Demands Erode Law Firm Autonomy
As clients increasingly impose requirements for attorney hiring and retention related to diversity and secondment, law firms must remember their ethical duties, as well as broader issues of lawyer development, culture and firm integrity, to maintain their independence while meaningfully responding to social changes, says Deborah Winokur at Cozen O'Connor.
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Distressed Cannabis Cos. Have A Few Options, With Caveats
As the cannabis industry falls on tough times and a potential recession looms, attorneys should understand the limited restructuring options available to distressed cannabis businesses, absent key bankruptcy protections — and the pitfalls these options may present, say Griffen Thorne and Ethan Minkin at Harris Bricken.