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New Jersey

  • November 14, 2018

    J&J Should Pay For Talc Devotee's Death, SC Jury Hears

    Johnson & Johnson should pay tens of millions of dollars in recompense for the life of a South Carolina lawyer who succumbed to mesothelioma at 30 after using talcum powder from birth, her husband's lawyers told a jury Wednesday at the close of a retrial in the case.

  • November 14, 2018

    Gibson Dunn Bows Out Of Pharma RICO Suit Amid DQ Bid

    Gibson Dunn & Crutcher LLP has withdrawn as counsel for Heritage Pharmaceuticals Inc. in the company’s Racketeer Influenced and Corrupt Organizations Act suit against two former executives amid their pending motions to disqualify the firm over its prior ties to them, according to a letter sent by co-counsel to a New Jersey federal judge.

  • November 14, 2018

    3rd Circ. Won't Revive Stock-Drop Suit Against Ocwen Affiliate

    The Third Circuit on Wednesday affirmed the dismissal of a securities fraud class action against an Ocwen Financial Corp. affiliate whose stock tumbled following its parent company's regulatory troubles stemming from the housing crisis in the mid-2000s, ruling in a precedential decision that the suing funds didn't plausibly allege the fraud cost investors billions.

  • November 14, 2018

    J&J Staves Off Asbestos Baby Powder Suit In Calif. Jury Win

    A California state jury found Wednesday that although Johnson & Johnson's baby powder contained asbestos and a manufacturing defect, it was not a substantial factor in causing a woman's malignant mesothelioma, ruling in favor of the pharmaceutical giant.

  • November 14, 2018

    3rd Circ. Urged To Back Ruling In $377M Foreign Income Row

    The Internal Revenue Service urged the Third Circuit on Wednesday to uphold a U.S. Tax Court decision finding an additional $377 million in taxable income for a U.S. shareholder, saying that loan guarantees from offshore subsidiaries trigger a requirement to include the subsidiaries’ earnings.

  • November 14, 2018

    DraftKings Expands With 2 Land-Based Retail Sportsbooks

    DraftKings this week said it will open a pair of retail sportsbooks in New Jersey and Mississippi, continuing its expansion from a daily fantasy sports app company into a full sportsbook as states begin to legalize sports betting.

  • November 14, 2018

    Pa. Panel Urged To Revive Risperdal Breast-Growth Case

    A Philadelphia judge’s mid-trial decision axing claims against a Johnson & Johnson unit over breast growth allegedly linked to the antipsychotic medication Risperdal came under fire Wednesday as a state appeals court heard arguments that the case had been improperly dismissed for lack of scientific proof.

  • November 14, 2018

    AGs Can Try To Oppose Doctors' Settlement, NJ Judge Says

    Attorneys general from five states are allowed to file briefs challenging an $84 million class action settlement they say denies doctors the ability to pursue individual monetary damages over an American Osteopathic Association policy that ties board certification to membership, a New Jersey federal judge ruled Tuesday.

  • November 14, 2018

    Ranbaxy Consumers Denied Cert. In Drug Contamination Suit

    A New Jersey federal judge Wednesday denied class certification in a suit claiming Ranbaxy Pharmaceuticals Inc. distributed pills that might have contained glass, saying there was not enough data to identify who got pills from the potentially affected batches.

  • November 14, 2018

    Port Authority Beats Religious Bias Suit Over Sabbath Shifts

    The Port Authority of New York and New Jersey won't have to face bias claims from a former employee at Newark Liberty International Airport who asked for Fridays and Saturdays off to observe the Jewish Sabbath, a New Jersey federal judge ruled Tuesday, finding the scheduling request would have flouted an existing union contract.

  • November 14, 2018

    NJ Attys Duck Malpractice Suit After Clients' Filing Delay

    A New Jersey state appeals court on Wednesday refused to revive a malpractice action against lawyers and accountants over the administration of an estate and trusts, saying co-executors of the estate could not pursue their claims after failing to refile them within 360 days of a consent order dismissing the case.

  • November 13, 2018

    10 Firms Vie For Lead Counsel In Opko Health Fraud Row

    As many as 10 law firms filed competing motions Tuesday urging a New Jersey federal court to appoint them as lead counsel and their respective clients as lead plaintiffs in a proposed class action against Opko Health Inc. over its alleged role in a pump-and-dump scheme that ultimately dealt a financial blow to investors.

  • November 13, 2018

    NJ Firm Can Drop Client In Insurance Fraud Suit

    A law firm was allowed to withdraw as counsel for a New Jersey homeowner Tuesday in an insurance fraud suit brought by mortgage lender Wilmington Savings Fund Society FSB, after a federal judge determined the defendant has not been responsive with her attorneys or paid her legal bills.

  • November 13, 2018

    Janssen 'Doublespeak' Fueled Opioid Crisis, NJ Suit Says

    Janssen Pharmaceuticals Inc. fanned the flames of the opioid crisis by using an elaborate campaign of deceptive marketing, including “doublespeak” that touted the company’s opioid painkillers as unlike most opioids, New Jersey alleged in a suit filed Tuesday.

  • November 13, 2018

    Quicken Loans, Marketing Firm Shed Wiretap Class Claims

    A New Jersey federal judge has tossed most of a proposed class action alleging online marketing company NaviStone Inc. unlawfully intercepted keystrokes and mouse clicks by users of Quicken Loans Inc.'s website, ruling that the customer-tracking software was legal under federal privacy law because both Quicken Loans and NaviStone consented to the interception.

  • November 13, 2018

    Fed. Circ. Won't Revive Xactware Patent Challenges

    The Federal Circuit on Tuesday refused to revive Xactware Solutions Inc.’s challenges to two patents related to aerial rooftop measurement software, rejecting the company’s bid to nix two Pictometry International Corp. patents that it had been accused of infringing.

  • November 13, 2018

    Merrill Lynch Workers Win Conditional Cert. In OT Suit

    A New Jersey federal judge has granted conditional certification to a class of current and former Merrill Lynch “email reviewers” in a suit alleging parent company Bank of America NA improperly failed to pay them overtime, but the judge said receiving final certification will be more difficult.

  • November 13, 2018

    No Bridgegate Role, 3rd Circ. Pick Says Of Work For Christie

    Lowenstein Sandler LLP partner Paul Matey, President Donald Trump’s choice for a Third Circuit vacancy, faced a grilling from the Senate Judiciary Committee on Tuesday over his time serving as an attorney for former New Jersey Gov. Chris Christie.

  • November 13, 2018

    NJ Arbitration Clauses Must Specify Forum, Court Says

    A New Jersey appeals court Tuesday revived a former Jenny Craig Inc. worker's lawsuit alleging her hours were drastically cut because of her age, ruling that arbitration clauses that don't specify a forum are unenforceable.

  • November 9, 2018

    Third Point Scales Back Campbell Board Takeover Bid

    Hedge fund Third Point LLC on Friday scaled back its bid to control Campbell Soup Co.’s board following what it called “decades of underperformance,” announcing its intent to nominate five independent director nominees instead of the originally planned 12.

Expert Analysis

  • Simple Secrets For Improving Your CLE

    Daniel Karon

    With few cases going to trial, many attorneys keep their oral-presentation skills sharp by teaching continuing legal education programs. To avoid giving a CLE that falls flat and damages your reputation, you must fashion a thoughtful message, control its presentation, and nail the beginning and ending, says Daniel Karon of Karon LLC.

  • Energy, Environment And The Elections: A Changed Mosaic

    Ali Zaidi

    Last week's midterm elections changed the regulatory landscape for energy and the environment in three subtle yet significant ways, say attorneys with Kirkland & Ellis LLP.

  • It’s Time For Law Firms To Start Talking About Gen Z

    Eliza Stoker

    Since the oldest members of Generation Z aren’t even finished with law school yet, law firm management is in a unique position to prepare for their entrance into the legal workforce, says Eliza Stoker of Major Lindsey & Africa.

  • Should Juries Try To Predict FDA Drug Labeling Decisions?

    Alan Klein

    The U.S. Supreme Court's review of Merck v. Albrecht promises to shape the way decisions of regulatory agencies — such as the U.S. Food and Drug Administration’s rejection of a drug manufacturer’s proposed label warning — can be interpreted by juries, say Alan Klein and Matthew Decker at Duane Morris LLP.

  • State Net

    How The States Fared In The Midterms

    Lou Cannon

    Lou Cannon, editorial adviser and columnist at LexisNexis State Net Capitol Journal, dissects the results of the governor’s races and state legislative chambers in the 2018 midterm elections.

  • Guest Feature

    The Many Lives Of Michael Chertoff

    Randy Maniloff

    Randy Maniloff begins his interview with the nation’s second secretary of homeland security by saying he wants to go over his resume. The look on Michael Chertoff's face: “Bring it on.”

  • Top 10 Snap Observations From The 2018 Midterm Elections

    Frank Donatelli

    The just-completed midterm elections could be called the “cafeteria midterms,” because there was something for everyone. The results offered both encouragement and warnings for Democrats and Republicans looking to 2020, says Frank Donatelli of McGuireWoods Consulting LLC.

  • Q&A

    Back To School: Yale's Linda Greenhouse Talks Journalism

    Linda Greenhouse

    In this series featuring law school luminaries, Yale Law School lecturer and Pulitzer Prize-winning reporter Linda Greenhouse discusses her coverage of the U.S. Supreme Court, the conservatives' long game and trends in journalism.

  • What Sikkelee Means For Preemption In The 3rd Circ.

    Alexis Kellert

    Conflict preemption was at the heart of the Third Circuit’s recent analysis in Sikkelee v. Precision Airmotive, where the majority shifted precedent to inject state law into federally regulated aviation design, says Alexis Kellert of Weil Gotshal & Manges LLP.

  • Opinion

    Celebrate Veterans By Improving Their Access To Justice

    Linda Klein

    Attorneys should think beyond the Veterans Day parades and use their time and talents to help the many veterans facing urgent legal issues, says Linda Klein of Baker Donelson Bearman Caldwell & Berkowitz PC.