New Jersey

  • 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.

  • April 21, 2017

    Insurer Wants Out Of Coverage In Rutgers Sex Assault Case

    One of two ex-Rutgers football players accused of sexually assaulting an intoxicated female student in an on-campus apartment in 2015 was hit with another suit Friday by his insurer, which declared its policy won’t cover him for this type of allegation.

  • April 21, 2017

    Insurer Can't Dodge Metal Pollution Coverage, NJ Panel Says

    The New Jersey Appellate Division on Friday affirmed that Greater New York Insurance entities must cover a real estate developer’s cost to clean up metal contamination, finding among other things that groundwater remediation didn’t fall within an exemption in the polluter’s policy.

  • April 21, 2017

    Enviros Appeal Toss Of FERC Pro-Energy Pipeline Bias Claims

    The Delaware Riverkeeper Network on Thursday appealed to the D.C. Circuit the dismissal of its suit claiming that the Federal Energy Regulatory Commission's pipeline approval process unconstitutionally favors the energy industry.

  • April 21, 2017

    McDonnell Ruling 'Premature' In Menendez Case, Judge Says

    The New Jersey federal judge handling the corruption case against U.S. Sen. Bob Menendez, D-N.J., indicated Friday that he would not rule on issues related to the U.S. Supreme Court’s landmark McDonnell decision before evidence is presented at the senator's trial this fall or there are stipulations of facts.

  • April 21, 2017

    Travelers' Asbestos Exclusion Is Enforceable, 3rd Circ. Says

    The Third Circuit ruled Friday that an exclusion for asbestos-related claims in a Travelers insurance policy is unambiguous and therefore enforceable, overturning a $36 million judgment holding the insurer responsible for some of policyholder General Refractories' $120 million worth of asbestos liabilities.

  • April 20, 2017

    NJ County Hit With $2M Suit Over Unpaid Construction Work

    Camden County, New Jersey, has been slapped with a more than $2 million lawsuit in state court from a contractor alleging it owes the business money for a bridge replacement project after causing delays and changing the scope of the work.

  • April 20, 2017

    Giants' Manning Issues 'Angry' Denial Of Memorabilia Fraud

    New York Giants quarterback Eli Manning firmly denied Thursday allegations that he defrauded sports memorabilia dealers, after a dealer's attorneys in a 3-year-old New Jersey lawsuit against the team said a 2010 email exchange with the team equipment manager proves Manning provided fake game-used helmets.

  • April 20, 2017

    Justice Alito Still Says No To Video Cameras At High Court

    U.S. Supreme Court Justice Samuel Alito at the Third Circuit’s annual judicial conference Thursday voiced his continuing opposition to video cameras at the nation’s highest court, raising concerns that their introduction would reduce the value of oral arguments.

  • April 20, 2017

    FYE Parent Co. Accused Of Stiffing Store Managers On OT

    The parent company of F.Y.E. music store was hit Thursday with a putative class action in New Jersey federal court alleging it violated state and federal labor laws by failing to pay overtime to certain employees who worked more than 40 hours per week.

  • April 20, 2017

    NFL Concussion Attys Say Deal Advanced Class Action Law

    Attorneys on both sides of the landmark concussion settlement between the National Football League and former players highlighted the deal Thursday as a potentially new model for handling mass-tort claims in federal courts via class actions.

  • April 20, 2017

    'Housewives' Star Slams Atty's Bid To Toss Malpractice Suit

    A onetime incarcerated star of “The Real Housewives of New Jersey” and a bankruptcy trustee on Wednesday slammed her former attorney's bid to dismiss their malpractice action against him in New Jersey state court, saying the motion is part of his “litigation extravaganza” intended to delay the matter.

  • April 20, 2017

    NJ University Prof Says He Gets Paid Less Than White Peers

    Rowan University in southern New Jersey has been slapped with a lawsuit by a biology professor of Indian descent who claims he makes less than his Caucasian peers, in violation of the state’s Law Against Discrimination.

  • April 20, 2017

    Bayer Gets Quick Win In Suit Challenging Probiotic Claims

    Bayer HealthCare LLC has landed a quick judgment win in the proposed class action alleging it lied about the health benefits of its digestive supplements, after a New Jersey federal judge concluded that the consumers had failed to present competent evidence supporting their claims.

  • April 20, 2017

    Panel Says Judge, Not NJ Transit, To Redact Harassment Docs

    A state appeals panel Thursday ruled that a trial court judge must review and redact sexual harassment complaints against NJ Transit before they’re provided to a fired supervisor to potentially bolster her own case against the agency, citing the privacy concerns for the other potential victims.

  • April 19, 2017

    Another Defendant Cops To Role In $200M Credit Card Scam

    New Jersey federal prosecutors said Tuesday that a man arrested earlier this year for his role in a global credit card fraud scheme that cost banks and businesses more than $200 million has pled guilty to bank fraud conspiracy, becoming the 20th defendant to strike a deal in the matter.

  • April 19, 2017

    Calif., NJ Chief Justices Slam Courthouse ICE Arrests

    The chief justices of California and New Jersey on Wednesday made separate calls on the U.S. Department of Homeland Security to cease arrests of unauthorized immigrants at courthouses, warning that the practice will have a chilling effect on those seeking out the public venues for justice.  

  • April 19, 2017

    NJ Atty Owes Ex-Client For IT Work, AmEx Bill, Suit Says

    A New Jersey family law attorney has been slapped with a breach lawsuit by a former client alleging the lawyer owes him money for information technology services as well as a hefty bill he racked up using the plaintiff’s credit card card without permission.

Expert Analysis

  • 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

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    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.

  • A Circuit Split At Intersection Of Title VII And Title IX

    John Barry

    Prior to the Third Circuit’s opinion in Doe v. Mercy Catholic Medical Center, the question of whether Title VII provides the exclusive remedy for individuals alleging employment discrimination on the basis of sex in federally funded educational institutions had not been visited in nearly 20 years. This decision revived a split that has since existed among the circuit courts, say John Barry and Edna Guerrasio of Proskauer Rose LLP.

  • 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.

  • Opinion

    A State-By-State Solution For Immigration Reform

    Leon Fresco

    While it might seem that the new regional polarization over immigration and sanctuary cities may be driving us further away from achieving a national consensus on immigration, it may actually be beneficial to facilitating a unique outcome that can finally create bipartisan progress on immigration reform, says Leon Fresco of Holland & Knight LLP.

  • Series

    Counsel To Counsel: A Law Firm GC's Data Protection Duties

    Thomas W. White

    Increasingly, we see companies in all industries seeking to perform various levels of due diligence on our information security defenses. We received three times as many diligence requests from clients and prospective clients in 2016 as we did in 2015. Some clients even conduct their own penetration tests, says Thomas White, general counsel of WilmerHale.

  • Series

    Counsel To Counsel: Evaluating Positional Conflicts

    Nicholas A. Gravante Jr.

    What happens when attorneys come to their general counsel’s office with knowledge of a potential positional conflict? While the inquiry will depend on the rules governing the particular jurisdiction, there are a few general questions to consider from both business and legal ethics perspectives, say general counsel Nicholas A. Gravante Jr. and deputy general counsel Ilana R. Miller of Boies Schiller Flexner LLP.