New Jersey

  • November 17, 2017

    NJ Court Revives Fired Worker's Mayoral 'Hit List' Suit

    The New Jersey Appellate Division on Friday revived a former school employee's suit alleging that she was on a town mayor's so-called hit list and fired in retaliation for not lending him political support, ruling that she presented sufficient evidence to go before a jury.

  • November 17, 2017

    Avis Customers Score Cert. In E-Toll Hidden Fee Dispute

    A New Jersey federal judge granted class certification Thursday in litigation alleging that Avis secretly charged car renters for an electronic toll-payment service, noting that the requirements were clearly met by the class of nearly 18 million people united by common questions surrounding whether the fees were properly disclosed.

  • November 17, 2017

    Duane Morris Adds Ex-Drinker Biddle Enviro Partner In NJ

    Duane Morris LLP has welcomed a former Drinker Biddle & Reath LLP attorney as an environmental partner in the firm’s Cherry Hill, New Jersey, office, where she’ll tackle complex litigation and advise clients with respect to the environmental considerations in real estate and corporate transactions.

  • November 17, 2017

    Trader Wants SEC Attys DQ’d Over Alleged Privilege Breach

    A trading firm that the U.S. Securities and Exchange Commission sued for allegedly giving foreign fraudsters access to U.S. markets asked a federal court in Manhattan on Thursday to throw the SEC’s trial team off the case, saying it seems to have had access to privileged attorney-client emails for two whole years.

  • November 17, 2017

    NJ Atty Malpractice Suit Revived To Weigh Timeliness

    A New Jersey state appeals court on Friday upended a ruling that dismissed a legal malpractice action as being filed too late, finding that the record is unclear as to when a construction worker allegedly knew he had been harmed by his former lawyer in litigation over a job-related injury.

  • November 17, 2017

    Feds Claim Ignorance Over Mobster's Money-Laundering Atty

    Prosecutors shot back Thursday at convicted Lucchese crime family mobster Salvatore Pelullo's assertion they were aware his attorney had a conflict of interest due to the lawyer’s own criminal investigation, telling a New Jersey federal judge they have emails that prove otherwise.

  • November 17, 2017

    Scientists See No Solution As Talc Cases Test The System

    Cases alleging talcum powder causes ovarian cancer have exploded in recent years, with thousands of plaintiffs filing suit in hope of following the massive multimillion dollar verdicts against Johnson & Johnson in Missouri and California, but these claims carry no water in other courts, and experts researching the issue are divided on which side the science supports.

  • November 16, 2017

    Feds Likely To Give Menendez Trial Another Shot, Attys Say

    The government will likely pursue a second bribery trial of Sen. Bob Menendez, D-N.J., and a Florida ophthalmologist in the wake of Thursday's mistrial, with prosecutors and defense lawyers expected to pore over the first trial's record to prepare for the battle ahead, attorneys say.

  • November 16, 2017

    DOL, First Bankers Strike $16M Deal Settling 3 ERISA Suits

    First Bankers Trust Services Inc. has agreed to pay nearly $16 million to resolve a set of lawsuits alleging it breached its fiduciary duties under the Employee Retirement Income Security Act in purportedly letting three employee stock ownership plans overpay for their own companies’ stock, the U.S. Department of Labor said Thursday.

  • November 16, 2017

    3rd Circ. Won't Revive FCA Suit Against CVS Caremark

    In a precedential ruling Thursday, the Third Circuit affirmed a Pennsylvania federal judge’s dismissal of a False Claims Act lawsuit against CVS Caremark Corp., finding that although the lower court’s reasoning was wrong, the whistleblower failed to show the alleged misrepresentations were important to the government’s decision to pay claims under Medicare Part D.

  • November 16, 2017

    SALT Deduction Debate Stokes Fight Over Fairness

    The highly emotional and largely partisan battle over the deductibility of state and local taxes is not only dividing lawmakers and citizens, it is also pitting states against one another in a fight over the fairness of repealing the tax benefit.

  • November 16, 2017

    NJ Atty, Investor Charged In $30M Mortgage Fraud Scheme

    A New Jersey attorney and a real estate investor are accused of bilking financial institutions out of $30 million by using phony documents to push through sales of defaulted homes and then flipping them for profit, federal prosecutors announced Thursday.

  • November 16, 2017

    Toys R Us Asks For $100M In Incentives For Execs, Workers

    Toys R Us Inc. on Wednesday asked a Virginia bankruptcy court for permission to pay its employees up to $100 million in bonuses, saying the incentives are needed to navigate the company through a Chapter 11 holiday season.

  • November 16, 2017

    NJ Says Entire Sports Betting Ban Should Be Struck Down

    New Jersey told the U.S. Supreme Court on Wednesday that the entire federal statute banning sports betting violates the Tenth Amendment, reiterating, along with a thoroughbred horse owners and trainers group, its call for the high court to overturn a Third Circuit decision upholding the ban.

  • November 16, 2017

    NJ Yanks Doctor's License Over Unjustified Opioid Rx

    A New Jersey psychiatrist has been stripped of his license to practice after he allegedly prescribed 62,000 oxycodone pills to patients without justification and flouted new rules for prescription history monitoring, authorities said Thursday.

  • November 16, 2017

    3rd Circ. Won't Revive RICO Claims Over Allied Bankruptcy

    The Third Circuit on Wednesday found that investment firm Yucaipa Cos. Ltd. had no standing for its $170 million RICO suit claiming two hedge funds conspired to wipe out its debt claim against bankrupt car hauler Allied Systems Holdings Inc.

  • November 16, 2017

    NJ Board Can Order Drug Evaluation For Nurse, Court Says

    A New Jersey appeals court on Thursday backed the state nursing board’s order that a nurse suspected of being intoxicated at work undergo substance abuse evaluation and monitoring, ruling that the order was warranted for the nurse’s questionable, if not confirmed, conduct.

  • November 16, 2017

    Menendez Trial Ends With Hung Jury

    A New Jersey federal judge on Thursday declared a mistrial in the case of Sen. Bob Menendez and a Florida ophthalmologist after jurors said they could not reach a unanimous decision on any charges, with the panel divided over whether the two men engaged in a bribery scheme or were just friends.

  • November 16, 2017

    Theater Denied 3rd Circ. Rehearing Over Movie Interpreter

    The Third Circuit refused to revisit a decision obligating movie theater chain Cinemark USA Inc. to provide tactile interpreters for a deaf-blind moviegoer in an order filed Wednesday.

  • November 15, 2017

    NJ Hospital, Doc Hit With More Claims Over Baby's Death

    The federal government brought additional claims against a doctor and Inspira Medical Center Vineland in New Jersey federal court Wednesday, alleging they were responsible for the death of a baby shortly after a breech birth and that they should cover its expenses as a defendant in an underlying medical malpractice suit.

Expert Analysis

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • Gauging NJ Insurance Brokers' Standard Of Care Since Sandy

    Gary Strong

    When a catastrophe strikes and insurance companies either deny coverage or limit the coverage provided, the insurance broker is in the crosshairs of what can turn out to be a litigious claim. Gary Strong of Seiger Gfeller & Laurie LLP explores the duty of insurance brokers in New Jersey and how these duties come into play, particularly after Superstorm Sandy.

  • An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.

  • The Case For Creating A Mediation Department At Your Firm

    Dennis Klein

    There are at least four reasons supporting the need for some form of a mediation group within a law firm, especially in firms with larger practices, according to Dennis Klein, owner of Critical Matter Mediation and former litigation partner at Hughes Hubbard & Reed LLP.

  • Core Functions And Cooperative Federalism At The EPA

    Dan Jordanger

    The U.S. Environmental Protection Agency’s recently released draft strategic plan for 2018-2022 starkly narrows the items on which the EPA will focus its resources and turns the agency’s back on many objectives contained in the previous plan — things that the Trump administration and Administrator Scott Pruitt believe should not be done at all, says Dan Jordanger of Hunton & Williams LLP.

  • Opinion

    The Legal Fallout For Harvey Weinstein’s Hired Hands

    Nicole Kardell

    There is a difference between a lawyer or investigator seeking evidence to defend against allegations and correct misrepresentations, and, on the other hand, using duplicitous means to gather information and intimidate alleged victims and journalists. Client advocacy does not mean winning at all costs, says Nicole Kardell of Ifrah Law PLLC.

  • Jury Persuasion In An 'Alt-Fact' World

    Shelley Spiecker

    Today's climate of “alternative facts” has jurors making decisions based on beliefs, emotions and social affiliations that often go unacknowledged or underappreciated. To present their case in the most persuasive manner possible, litigators should consider adapting to their audience when it comes to four psychological factors, say consultants with Persuasion Strategies, a service of Holland & Hart LLP.

  • Applying The Investors' Playbook To Legal Career Planning

    Howard Cohl

    Nothing has been more instrumental in my role as a legal recruiter than what I learned from a variety of hedge fund managers, venture capitalists and investment bankers — how to analyze a deal and make a decision quickly. It boils down to the traditional SWOT analysis, says Howard Cohl, director in Major Lindsey & Africa’s emerging markets group.

  • Federal Claims Must Meet Diversity Jurisdiction Burden

    Jeffrey Odom

    The Third Circuit recently dismissed a plaintiff’s fear of cancer claims arising from a chemical spill, and found the diversity jurisdiction burden was not met. Defendants should look beyond the sensational facts of toxic tort claims and challenge the evidence presented at filing to determine whether jurisdiction is proper, says Jeffrey Odom of Lane Powell PC.