New Jersey

  • October 23, 2021

    J&J Talc Suits Can Proceed For Now Despite Ch. 11 Filing

    A North Carolina bankruptcy judge declined to block talc suits against Johnson & Johnson on Friday, saying that he would consider extending the Chapter 11 stay of litigation to the healthcare giant at a hearing set for early November.

  • October 22, 2021

    Facebook Asks Full 3rd Circ. To Review News Anchor's IP Suit

    Facebook asked the Third Circuit for an en banc rehearing in an intellectual property lawsuit launched by a Philadelphia-based TV journalist over the unauthorized use of her photo, arguing a split panel's decision to revive the suit conflicts with Section 230 of the Communications Decency Act.

  • October 22, 2021

    Princeton Lab Hit With Whistleblower Suit Over Project Safety

    Two welding inspectors hit a Princeton University science laboratory and other entities with a whistleblower lawsuit in New Jersey state court Friday, alleging they were fired after raising safety concerns about the manufacturing process and COVID-19 protocol connected to a nuclear fusion project.

  • October 22, 2021

    NJ Judge Cites Ex-Firm Connection In Firing Suit Recusal

    A New Jersey federal judge said he would recuse himself from a wrongful termination suit against Bayonne and its former business administrator, citing the need to "avoid the appearance of impartiality" since he worked with the ex-city official at the law firm now known as Chasan Lamparello Mallon & Cappuzzo PC.

  • October 22, 2021

    Cannabis Bill Roundup: House Eyes Expanding Pot Research

    U.S. House members reintroduced a bipartisan bill this week to clear the way for cannabis researchers to study marijuana products sold legally in states, while legislators from Pennsylvania to Puerto Rico pursued cannabis reforms ranging from full legalization to simple decriminalization. 

  • October 22, 2021

    NJ Lenders Owe 'Covenant' In Use Of Insurance Funds

    Mortgage lenders must abide by an implied covenant of good faith and fair dealing in evaluating whether to use insurance proceeds to make repairs to damaged property or pay down a debt, a New Jersey state appeals court said on Friday in a published opinion that upended a foreclosure judgment against a couple.

  • October 22, 2021

    Ex-Pols Back Bid To Revive Suit Over Seized Cuba Property

    Two former congressmen threw bipartisan support to a bid Friday to revive claims that travel agents and credit card companies illegally profited from family-owned land confiscated by the Cuban government decades ago, citing a law that compensates Americans whose properties were seized during the Fidel Castro regime.

  • October 22, 2021

    NJ Appeals Court Orders New Trial In Suit Over Crash Injuries

    A New Jersey appeals court on Friday ordered a new trial in a suit by a man alleging he suffered back injuries after he was rear-ended, saying the trial court failed to properly assess the foundation of the defense expert's testimony.

  • October 21, 2021

    Anti-Immigration Group Asks Justices To Nix Bond Hearings

    Advocates of drastically reduced immigration urged the U.S. Supreme Court on Thursday to overturn decisions in the Third and Ninth circuits that said migrants who have been detained more than six months should get a bond review hearing.

  • October 21, 2021

    Venue Change On Table For J&J Talc Unit's Ch. 11

    A North Carolina bankruptcy judge is pondering moving the Chapter 11 case of the Johnson & Johnson spinoff holding the company's talc liability to New Jersey or Delaware, saying his court may not be the best place to decide if the bankruptcy can stop talc suits against the parent company.

  • October 21, 2021

    Pa. Gambling Co.'s Virus Coverage Suit Stays In Federal Court

    A Pennsylvania federal judge has shot down a regional casino and racetrack operator's request to send its lawsuit seeking insurance coverage for pandemic-related financial losses back to state court, where it was originally filed.

  • October 21, 2021

    Atty Accused Of 'Heinous Fraud' With Privileged Insys Docs

    A specialty pharmacy has accused a Garden State attorney litigating claims related to an Insys Therapeutics opioid of "heinous fraud," saying he took privileged material acquired in a fatal overdose action in New Jersey federal court and improperly used it in a related False Claims Act suit in California.

  • October 21, 2021

    Insurer Must Cover Deal Over Boy's Suffocation On NJ Beach

    An AmeriTrust unit must pay for a settlement between a New Jersey city and the family of a boy who suffocated while digging a hole on a beach, after a state appeals court held that the city's joint insurance fund coverage didn't constitute "insurance."

  • October 21, 2021

    Fox Rothschild Adds Saul Ewing Atty As Partner In NJ

    Fox Rothschild LLP has added a real estate attorney as a partner in its Princeton, New Jersey, office who was previously an associate at Saul Ewing Arnstein & Lehr LLP.

  • October 20, 2021

    'Mix-And-Match' COVID-19 Boosters Win FDA Clearance

    The U.S. Food and Drug Administration on Thursday approved the emergency use of "mix-and-match" COVID-19 vaccine boosters, meaning eligible individuals can get a booster shot of a vaccine that's different from the vaccine they initially received.

  • October 20, 2021

    J&J, Ethicon Beat Pa. Woman's Untimely Hernia Mesh Suit

    A Pennsylvania federal judge on Tuesday handed Johnson & Johnson and Ethicon Inc. a win in a woman's lawsuit alleging that she was injured by the companies' pelvic mesh implants that aim to treat hernias, finding that the patient's lawsuit is untimely under state law.

  • October 20, 2021

    Rutgers Aims To Unmask Students Behind COVID Vaccine Suit

    Rutgers University told a New Jersey federal court on Wednesday that six students' purported fears of discrimination and retaliation do not justify hiding their identities while pursuing a lawsuit alleging that the school's COVID-19 vaccine mandate for students is unlawful, accusing them of making a "paper-thin" case for their stigmatization concerns.

  • October 20, 2021

    Purdue Asks To Pay Ch. 11 Costs Of Government Committees

    Bankrupt drugmaker Purdue Pharma LP asked for permission from a New York judge late Tuesday to pay $12.4 million in fees and expenses incurred by committees of nonconsenting state and local governments during a Chapter 11 plan mediation process.

  • October 20, 2021

    Claims Still Ripe In Maraschino Cherries Fight, Court Says

    A New Jersey federal judge said an importer and a distributor of maraschino cherries can continue with their unfair competition suit against a pair of rivals because they'd adequately spelled out how they were harmed by the alleged knockoffs.

  • October 20, 2021

    FERC Commissioners Explain Split On Clean Energy Subsidy

    Federal Energy Regulatory Commission members late Tuesday revealed their disagreements that caused a stalemate allowing the nation's largest grid operator to no longer require state-backed renewable energy sources to meet a price floor in electricity capacity auctions.

  • October 20, 2021

    Students Ask 3rd Circ. To Revive Pitt Pandemic Tuition Suit

    A group of University of Pittsburgh students have urged the Third Circuit to upend a ruling from a trial judge dismissing claims that they were entitled to tuition refunds after the school canceled in-person classes in favor of remote instruction when the COVID-19 pandemic broke out.

  • October 20, 2021

    3rd Circ. Keeps COVID Death Suits Out Of Federal Court

    The Third Circuit said Wednesday in a precedential opinion that suits over COVID-19 deaths at New Jersey nursing homes must play out in state court, rejecting the nursing homes' bid to stay in federal court under the so-called federal officer removal statute and on the grounds that the claims are preempted by the federal Public Readiness and Emergency Preparedness Act.

  • October 19, 2021

    NJ Medical Pot Dispensary Hit With Whistleblower Suit

    A New Jersey medical marijuana company has been hit with a lawsuit by its former chief administrative officer, who alleges he was wrongfully terminated after reporting that the company's CEO had misappropriated more than $1 million of company money.

  • October 19, 2021

    NJ Eases Restrictions On Medical Pot Biz Ownership

    New Jersey Gov. Phil Murphy has signed into a law a measure that eases restrictions on ownership and investment in medical cannabis dispensaries, provided they are owned by minorities, women or disabled veterans.

  • October 19, 2021

    NJ Panel Won't Let Indicted Developer Ditch $1.7M Enviro Fine

    A New Jersey developer can't use financial obstacles posed by a pending criminal case to get out of paying a $1.7 million fine for unauthorized work done at a waterfront restaurant, a state appeals court said Tuesday.

Expert Analysis

  • Financial Planning Tips For Retiring Law Firm Partners

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    As the pandemic accelerates retirement plans for many, Michael Delgass at Wealthspire Advisors outlines some financial considerations unique to law firm partners, including the need for adequate liquidity whether they have capital accounts or pension plans.

  • Feds May Need Power To Take State Lands For New Grid

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    The Biden administration's plan to move the U.S. electricity sector to renewable energy will require extensive new high-voltage transmission infrastructure, but since states have the ability to block construction of power lines, Congress will need to give federal regulators eminent domain authority over state-owned lands to get the job done, say attorneys at V&E.

  • 4 Practical Pointers For Litigating A Design Patent Case

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    The recent Federal Circuit opinions in Campbell Soup v. Gamon Plus and the case of SurgiSil underscore the substantial differences between design patents and utility patents, but intellectual property litigators can better prepare themselves to dive into this area by keeping in mind a few critical recommendations, says Nathan Sabri at MoFo.

  • Preparing Remote Deposition Defenses For Corporate Entities

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    As remote depositions will remain common for the foreseeable future, attorneys defending a deposition notice or subpoena to a corporation should implement certain strategies to mitigate unique challenges, such as less planning time and increased difficulty of establishing rapport with witnesses, say attorneys at Sidley.

  • Perspectives

    Why Law Schools Should Require Justice Reform Curriculum

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    Criminal defense attorney Donna Mulvihill Fehrmann argues that law schools have an obligation to address widespread racial and economic disparities in the U.S. legal system by mandating first-year coursework on criminal justice reform that educates on prosecutorial misconduct, wrongful convictions, defense 101 and more.

  • 4 Antitrust Risk Areas To Watch For Government Contractors

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    To plan for the increased likelihood of detection and stiff penalties for antitrust violations following the anticipated passage of the Infrastructure Investment and Jobs Act, compliance efforts should focus on joint bidding, dual distribution, legal certifications, and hiring and compensation, say Andre Geverola and Lori Taubman at Arnold & Porter.

  • Girardi Scandal Provides Important Ethics Lessons

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    The litigation and media maelstrom following allegations that famed plaintiffs attorney Thomas Girardi and his law firm misappropriated clients' funds provides myriad ethics and professional responsibility lessons for practitioners, especially with regard to misconduct reporting and liability insurance, says Elizabeth Tuttle Newman at Frankfurt Kurnit.

  • Opinion

    No Signs Of Turning, Tide Of Insurer COVID Wins Persists

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    The trend of COVID-19 business interruption decisions favoring insurers continues to hold strong — any commentary to the contrary is striking a narrative that is not borne out by reality, say attorneys at Dentons.

  • Series

    Embracing ESG: Jabil GC Talks Compliance Preparation

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    Tried-and-true compliance lessons from recent decades can be applied to companies’ environmental, social and governance efforts, especially with regard to employee training and consistent application of policies — two factors that can create a foundation for ESG criteria to flourish, says Robert Katz at Jabil.

  • 3 Ways CLOs Can Drive ESG Efforts

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    Chief legal officers are specially trained to see the legal industry's flaws, and they can leverage that perspective to push their companies toward effective environmental, social and governance engagement, says Mark Chandler at Stanford Law School.

  • How Law Firms Can Rethink Offices In A Post-Pandemic World

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    Based on their own firm's experiences, Kami Quinn and Adam Farra at Gilbert discuss strategies and unique legal industry considerations for law firms planning hybrid models of remote and in-office work in a post-COVID marketplace.

  • Manufacturers Face Evolving COVID-19 Legal Challenges

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    Product manufacturers must adopt new strategies to defend against pandemic-related legal challenges, including discovery delays in health care litigation, novel consumer protection claims, aggressive government enforcement actions and supply chain disputes, says Stephanie Laws at Maslon.

  • Series

    Embracing ESG: Baker Hughes CLO Talks Sustainability Team

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    For businesses focused on addressing environmental, social and governance considerations, a legal team that can coordinate sustainability efforts across the company can help to manage risk and compliance issues, anticipate and prepare for change, and identify new opportunities, says Regina Jones at Baker Hughes.

  • What Mainstreaming Of Litigation Finance Means For Industry

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    The rush of new capital and investors into the litigation funding space is expected to bring heightened competition on price and other key deal terms, but litigants will need to be more in tune with individual financiers' proclivities, says William Weisman at Therium Capital Management.

  • After Ida, A Look At Sandy's Flood Insurance Lessons

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    The flood insurance experience gained in connection with Superstorm Sandy can offer valuable lessons to those that have suffered a flood loss from the recent Hurricane Ida, and can guide others before and after the next storm, say Lee Epstein and Matthew Goldstein at Flaster Greenberg.

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