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New Jersey

  • July 17, 2018

    Welch's Says Sunkist Candy Infringes Trade Dress

    The company behind Welch's Fruit Snacks is suing over a planned line of Sunkist gummies, saying it will closely mimic the candy’s trade dress to “siphon off” goodwill.

  • July 17, 2018

    M&T, HCB $3.7B Deal Wasn't Vetted Properly, 3rd Circ. Told

    Investors in the former Hudson City Bancorp Inc. urged the Third Circuit on Tuesday to revive their proposed class action alleging the bank and M&T Bank Corp. hid regulatory problems that delayed their $3.7 billion merger, saying the bank’s directors failed to perform adequate due diligence prior to the deal.

  • July 17, 2018

    McCarter & English Launches Newark Pro Bono Fellowship

    More than 150 years since McCarter & English LLP set up its headquarters in Newark, the firm and the city took another step Tuesday in their shared history by unveiling a pro bono fellowship to serve the unmet legal needs of Newark residents, with an initial focus on assisting tenants facing eviction.

  • July 17, 2018

    States’ Suit Against SALT Cap Faces Significant Obstacles

    Four states that sued the federal government Tuesday challenging the constitutionality of the cap on state and local tax deductions face significant hurdles in convincing a court that Congress lacks the authority to limit the deduction.

  • July 17, 2018

    Pa. Ex-Atty Asks 3rd Circ. To Reinstate Him As Trust Controller

    A disbarred Pennsylvania attorney is still fighting in the Third Circuit to contest a district court’s disposal of a trust he used to divert employee life insurance plan assets for personal use, arguing the court could not bar him from controlling the trust or its assets.

  • July 17, 2018

    NJ High Court Revives Negligence Suit Over Elevator Injury

    The New Jersey Supreme Court on Tuesday revived a lawsuit from a woman who was injured by closing elevator doors at her Hackensack building, ruling that she is entitled to an inference of negligence in her claims against a condominium association and related parties.

  • July 17, 2018

    Abortion Clinic Buffer Allows Free Speech, 3rd. Circ. Told

    The city of Englewood, New Jersey, on Tuesday urged the Third Circuit to reverse a district court’s ruling that the city’s 8-foot buffer zone around an abortion clinic violates the free speech rights of protesters, arguing that the “sidewalk counselor” who sued the town is still able to converse with the clinic’s clients.

  • July 17, 2018

    4 States Sue Feds Over SALT Deduction Cap

    New York, Connecticut, New Jersey and Maryland have filed suit against the federal government over the $10,000 cap imposed on state and local tax deductions by the federal tax overhaul, New York Gov. Andrew Cuomo announced Tuesday.

  • July 16, 2018

    AT&T Unit Can't Force Arbitration Without Affirmative Consent

    A New Jersey federal judge on Monday knocked down an AT&T unit’s lawsuit seeking to force arbitration of an assistant store manager’s discrimination claims, finding the company's arbitration agreement to be unenforceable, because the employee acknowledged reviewing the document but did not affirmatively agree to its terms.

  • July 16, 2018

    Chem Co. Liable For Pa. Site's Prior Pollution, 3rd Circ. Told

    The Pennsylvania Department of Environmental Protection urged the Third Circuit Monday to order a chemical company to pay $900,000 in cleanup costs for a contaminated site it acquired southwest of Philadelphia, arguing that a district court’s refusal to hold the company liable under federal law posed severe consequences for both taxpayers and natural resources.

  • July 16, 2018

    NJ Panel Backs School Surveillance System, Union's Rights

    The New Jersey state appeals court on Monday found safety reasons justified a school board’s unilateral implementation of an audio-video surveillance system, but said the board still had a duty to consider making changes to address a teachers union’s privacy concerns.

  • July 16, 2018

    NCAA Says NJ Law Shields It In Wrongful Death Suit

    The NCAA has called on a New Jersey federal court to toss claims against it from the parents of a Massachusetts college football player who died after a workout, arguing in part that a state law shields the organization from certain liability.

  • July 16, 2018

    OxyChem Sues Chevron Units Over Passaic River Cleanup

    Occidental Chemical Corp. has launched a federal lawsuit in New Jersey against two Chevron Corp. units and other parties, saying they must help shoulder the cleanup costs associated with a roughly 8.3-mile stretch of the heavily polluted Passaic River.

  • July 16, 2018

    Wealth Manager Leads 4 IPO Launches Surpassing $1.1B

    Four companies launched initial public offerings on Monday that could raise more than $1.1 billion combined, led by a wealth management firm plus an oil producer, cybersecurity firm and drug manufacturer that are seeking to go public while the summer IPO market remains hot.

  • July 16, 2018

    NJ Med Mal Suit Over Worker's Spinal Surgery Revived

    A New Jersey appeals court on Friday revived a malpractice case filed by a woman who fell down some steps and hurt her back at work in 2006 and was injured during allegedly botched back surgery, disagreeing with the trial court that the two-year deadline to bring the action had expired.

  • July 16, 2018

    Biz Groups Ask 5th Circ. To Leave DOL OT Injunction Intact

    Several U.S. business groups have urged the Fifth Circuit to steer clear of a Texas federal judge’s barring of a proposed overtime rule while it considers whether to overturn a contempt charge given to a New Jersey Chipotle employee who filed a lawsuit seeking to enforce that rule.

  • July 16, 2018

    4 Things To Know About NJ's Bill Targeting Harassment Deals

    Pending New Jersey legislation that would bar workplace harassment settlements subject to nondisclosure agreements captures the zeitgeist of the #MeToo movement on its surface, but Garden State attorneys who analyzed the measure say there’s more to the proposal than meets the eye.

  • July 13, 2018

    Indivior Wins Bid To Block Sales Of Suboxone Generic

    Determining that drugmaker Indivior will likely be able to show its suit claiming infringement by Dr. Reddy’s of a so-called child patent covering its Suboxone Film will not be precluded by a suit in which Dr. Reddy’s was cleared of infringement of the parent patent, a New Jersey federal judge on Friday granted Indivior a preliminary injunction blocking sales.

  • July 13, 2018

    Selena Gomez Email Hack Leads To Charges Against Woman

    A 21-year-old New Jersey woman was charged with 11 felonies in California state court Thursday for her alleged hacking of the email of actress and pop star Selena Gomez, the Los Angeles County District Attorney’s Office announced Friday.

  • July 13, 2018

    BNY Mellon Can't Dodge Fraud Claim Over Countrywide Loan

    A New Jersey appellate court overturned a win for Bank of New York Mellon in a mortgage foreclosure dispute, ruling on Friday that the family of a deceased homeowner had provided enough evidence to argue the Bank of America division had knowingly approved a fraudulent mortgage application.

Expert Analysis

  • Opinion

    3 Pros, 3 Cons Of Litigation Finance

    Ralph Sutton

    An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.

  • How Attorney Discipline Is Evolving In The #MeToo Era

    Bonnie Frost

    In March, the American Bar Association issued a manual to help legal employers and victims fight sexual harassment in the legal profession. While automatic disbarment for sexual misconduct with clients may have been considered too harsh a sanction almost a decade ago, it may be revisited in the current climate, say Bonnie Frost and Kristi Terranova of Einhorn Harris Ascher Barbarito & Frost PC.

  • Series

    Cities In Distress: Municipal Recovery Lessons From Pa.

    Juliet Moringiello

    As we reflect on the five years since Detroit’s bankruptcy filing, Pennsylvania’s experience in intervening in its municipalities’ financial distress provides some useful insights on the problems plaguing municipalities as well as lessons for states, says professor Juliet Moringiello of Widener University Commonwealth Law School.

  • The NJ Jughandle Facing Corporations

    Leah Robinson

    At the beginning of July, the New Jersey Legislature passed a budget bill which has significant implications for virtually all payors of corporation business tax, say attorneys from Mayer Brown.

  • Modern Communication Brings E-Discovery Challenges

    Thomas Bonk

    As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.

  • Series

    Cities In Distress: Michigan's Emergency Mgr. Law And Flint

    Eric Scorsone

    Michigan has taken a very aggressive approach to addressing municipal fiscal insolvency. But the state's emergency manager law fails to consider the unintended consequences of short-term financial adjustments, as seen in the case of Flint, say Eric Scorsone and Samantha Zinnes of Michigan State University.

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.

  • Series

    Cities In Distress: Are There True Alternatives To Ch. 9?

    Lawrence Larose

    Some distressed municipalities — including Atlantic City, New Jersey, and Hartford, Connecticut — have recently restructured outside of Chapter 9, through legislation and negotiations. But such fixes are intensely political in nature and are entirely dependent on the will of government officials, say Lawrence Larose and Samuel Kohn of Norton Rose Fulbright.

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.

  • Series

    Cities In Distress: A Tale Of 3 California Bankruptcies

    Karol Denniston

    The Chapter 9 bankruptcies of Vallejo, San Bernardino and Stockton have left a legacy of challenges facing California municipalities that seek to restructure their obligations. These cases show that a comprehensive restructuring remains illusory because restructuring pension obligations is legally complicated and politically sensitive, says Karol Denniston of Squire Patton Boggs LLP.