New Jersey

  • April 25, 2017

    NJ City Failed To Justify Added Tax On Motel, Judge Says

    A New Jersey tax judge has axed the beachside city of Wildwood's retroactive assessment of a $177,500 tax increase on a 1960s-era “doo-wop” motel, saying the city failed to present a convincing argument in support of its claim that new development had increased the value of the motel.

  • April 25, 2017

    Fla. Man Gets Prison For $1.5M Phony Billing Scheme

    A Florida man has been sentenced to nearly four and a half years in prison for bilking $1.5 million from a New Jersey financing company using a phony billing scheme, acting U.S. Attorney William E. Fitzpatrick announced Monday.

  • April 25, 2017

    Internal Docs Save Land Rover Battery Defect Suit

    A New Jersey federal judge on Tuesday revived portions of a would-be class action against Jaguar Land Rover North America LLC over alleged battery failures in Land Rover LR2 vehicles, ruling that internal documents from the company regarding consumer complaints formed enough of a basis to refile the suit.

  • April 25, 2017

    Accural Started When Construction Ended, NJ Justices Told

    Contractors who were sued over shoddy work on a New Jersey condominium building told the state Supreme Court Monday that the six-year statute of limitations for construction defect litigation begins running when the project concludes, not when plaintiffs claim they learn about the damage.

  • April 25, 2017

    Nike Denied Attorneys' Fees In 'Frivolous' Patent Suit

    A New Jersey federal judge on Monday shot down Nike Inc.’s attempt to have the trust of a deceased inventor, which claimed Nike infringed a golf club patent, pay Nike’s fees after winning the lawsuit, finding that the suit was “frivolous” but that it had not been brought in bad faith.

  • April 25, 2017

    Merck Settles Keytruda Patent Suit For $19.5M

    Merck Sharp & Dohme Corp. and PDL BioPharma Inc. have called a truce in a patent infringement dispute over Merck’s cancer drug Keytruda, as the companies announced Monday that Merck will pay $19.5 million to license related patent rights and dismiss the case.

  • April 24, 2017

    Merck Loses Rehearing Bid In 3rd Circ. Fosamax Warning Suit

    The Third Circuit on Monday declined to reconsider its decision to revive claims in multidistrict litigation against Merck over an alleged failure to warn patients about the risk of irregular hip fractures caused by its osteoporosis drug Fosamax.

  • April 24, 2017

    Mylan Rebates Doomed EpiPen Rival, Sanofi Says

    EpiPen maker Mylan improperly preserved its monopoly on epinephrine auto-injectors by offering big rebates to insurers that refused to cover a competing product, Sanofi-Aventis charged in a complaint filed Monday in New Jersey federal court.

  • April 24, 2017

    Adderall Generic Blocked After Shire, Amerigen Settle

    A New Jersey federal judge on Monday permanently blocked Amerigen Pharmaceuticals Inc. from moving forward with a generic version of Shire LLC’s attention deficit hyperactivity disorder medication Adderall XR before the patents expire, pursuant to a settlement between the drugmakers.

  • April 24, 2017

    Ex-NHLer Says Devils, Blues Hid Risks Of Head Injuries

    Former NHL “enforcer” Mike Peluso hit the New Jersey Devils, St. Louis Blues and an insurance company with a lawsuit in Minnesota federal court alleging a "newly discovered" medical report shows the teams knew the risks of further head injuries but continued to encourage him to play and engage in fights.

  • April 24, 2017

    3rd Circ. Urged To Decide Permit Fight Before Pipeline Buried

    Environmental advocates Monday kept pressing the Third Circuit to speed up their challenge to a Clean Water Act permit the U.S. Army Corps of Engineers issued for a Kinder Morgan unit's pipeline project, arguing the court can still decide the matter before the pipe is buried.

  • April 24, 2017

    Rider Slams Uber's Bid To Dodge Blame For Driver Assault

    Uber should not be allowed to dodge a suit from a New Jersey man alleging the ride-hailing giant is liable for hiring a driver who assaulted him over a ride dispute and left him “for dead,” his attorneys told a Pennsylvania federal court Friday.

  • April 24, 2017

    Convicted Ex-NBA Player Can't Revive Property Lien Row

    The Third Circuit on Monday rejected efforts by incarcerated former NBA player C. Tate George to revive his suit against the East Orange, New Jersey, housing agency over failed development plans, finding George was too late bringing his claims that the agency concealed a lien on the property at issue.

  • April 24, 2017

    NYC-Area Spiro Harrison Opens 2nd NJ Office

    Spiro Harrison announced Monday that it will establish an office in Red Bank, New Jersey, bringing the firm, which focuses on general litigation and general counsel services for medium-sized companies, closer to clients in the real estate, health care and financial services sectors in Monmouth County.

  • April 24, 2017

    Jersey City Wins 2nd Try In Clash Over Historic Theater

    A New Jersey appeals court on Monday undercut a win for a nonprofit organization in its suit against Jersey City over the management of a historic theater, saying a lower court was too quick to reject arguments that the group violated its lease with the city.

  • April 24, 2017

    Justices Won't Hear Sentence Appeal In $136M Transpo Fraud

    The U.S. Supreme Court on Monday declined to hear an appeal of a Third Circuit decision upholding the 84-month prison term handed to a Florida businessman convicted in a $136 million scheme to secure highway construction contracts meant for small, minority-owned businesses.

  • April 24, 2017

    Toyota Lessee Must Arbitrate Notice Dispute, NJ Panel Says

    A New Jersey appeals panel affirmed on Monday a lower court’s ruling that a consumer must arbitrate her putative class action against Toyota Motor Sales USA Inc. for allegedly misstating consumers' Lemon Law rights in warranty notices, finding she agreed to arbitrate her dispute when she signed a lease agreement.

  • April 21, 2017

    Travelers' 3rd Circ. Win Curbs Insurers' Asbestos Exposure

    The Third Circuit ruled Friday that a common exclusion found in a Travelers policy bars coverage for claims arising out of asbestos in any form, limiting insurers' potential exposure to asbestos injury claims by precluding policyholders from arguing that the exclusionary language is ambiguous and doesn't extend to products containing the carcinogen.

  • April 21, 2017

    Water Cos. Launch NJ Suit Over Chemical Price-Fixing Plot

    Chemicals producers were slapped Friday with an antitrust suit in New Jersey federal court by water utilities in seven states over an alleged price-fixing and bid-rigging scheme involving a water treatment chemical, adding to the wide-ranging litigation over the purported conspiracy.

  • April 21, 2017

    Taxation With Representation: Skadden, Cravath, Simpson

    In this week’s Taxation With Representation, Skadden guides a $6.1 billion deal in the health industry, Cravath heads two transactions each worth $600 million or more, and Simpson Thacher helps PetSmart purchase online pet food retailer Chewy.

Expert Analysis

  • Opinion

    Let's Talk About Half-Hearted Innovation

    Michael Moradzadeh

    Allowing attorneys to telecommute may seem like a great fix for law firms. But without significant changes to the firm's culture, telecommuting is just a patch applied to the problem of attrition, says Michael Moradzadeh, founding partner of Rimon PC.

  • How Due Process Limits Personal Jurisdiction

    Daniel Jaffe

    For purposes of general jurisdiction, multinational or multistate companies must consider the litigation attributes of the state where they choose to incorporate, or locate their principal place of business, as well as where they locate relatively large portions of their operations. Personal jurisdiction issues in each state should be assessed as part of sound risk management, says Daniel Jaffe of Husch Blackwell LLP.

  • 10 Tips For Creating Winning Trial Visuals

    Kerri Ruttenberg

    Effective visuals require effective design. In her new book, "Images with Impact: Design and Use of Winning Trial Visuals," published by the American Bar Association, trial lawyer and Jones Day partner Kerri Ruttenberg discusses how to design and use visuals to help viewers understand, believe and remember the messages being conveyed.

  • Roundup

    Counsel To Counsel: Insights From Law Firm GCs

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    General counsel at four law firms share the biggest issues they face in an increasingly complex legal environment.

  • The 'State' Of The Gig Economy Under Trump

    Amy Strauss

    There is no question that America’s sharing economy is growing and showing no signs of slowing down. However, if the Trump administration continues its hands-off approach to worker misclassification issues, and court decisions create as much confusion as clarity, we may be forced to look to state legislatures to take control, says Amy Strauss of Fisher Phillips.

  • Monthly Column

    Gray Matters: The Attorney-Client Team

    Robert Creo

    A 1979 study of attorney-client interactions revealed startling information: Despite years of education and training to hone their legal expertise, attorneys were not acting as independent counselors but rather allowing their clients to control them. Our experience is that this trend has accelerated, say dispute resolution experts Robert Creo and Selina Shultz.

  • Walking The Lone Pine Trail

    Alan Hoffman

    Lone Pine orders require plaintiffs to provide some prima facie evidence to support causation or other claims based on expert opinion. Such orders do not require plaintiffs to prove their case — only to demonstrate that they have one. Some examples from recent litigation illustrate how Lone Pine orders can benefit both sides, says Alan Hoffman of Husch Blackwell LLP.

  • Opinion

    Why Roe V. Wade Will Not Be Overturned

    Donald Scarinci

    The threat that abortion will become illegal again by overturning Roe v. Wade has been a blockbuster campaign slogan in presidential elections for the last 40 years. Like most campaign rhetoric, this threat is not based in reality, says Donald Scarinci, managing partner of Scarinci Hollenbeck LLC.

  • Litigation Finance, Big Data And The Limits Of AI

    Christopher Bogart

    Theoretically, both better data and its better use should be able to improve results in litigation, and thus help litigation financiers allocate more capital to meritorious matters. However, while big data and artificial intelligence are intriguing additions to the litigation toolkit, they are far from turning litigation finance on its head, says Christopher Bogart, CEO of Burford Capital LLC.

  • Series

    Counsel To Counsel: Mama Said There'll Be Days Like This

    Peter J. Engstrom

    It's no longer enough for law firms simply to provide expert legal advice — we are expected to mirror clients' legal, ethics and social commitments and promises. For law firm GCs, the resulting job demands seem to grow exponentially, says Peter Engstrom, general counsel of Baker McKenzie.