New Jersey

  • May 26, 2020

    NJ Facing $10B Budget Hole Due To COVID-19, Gov. Says

    New Jersey is facing a nearly $10 billion revenue shortfall for the current and upcoming fiscal years due to the novel coronavirus pandemic, though for now the governor isn't talking about new taxes to help close the gap.

  • May 26, 2020

    NCAA Hoops Trio Say Bridgegate Shows Gov't Overreached

    Three men convicted of defrauding certain colleges by making illicit payments to basketball recruits in violation of NCAA rules told the Second Circuit on Friday that the U.S. Supreme Court's recent decision to toss convictions from the Bridgegate scandal shows that they should not have been convicted of fraud. 

  • May 26, 2020

    NJ Delivery Co. Fights For Arbitration In Wage Spat

    US Pack Logistics Inc. has told a New Jersey court that a federal magistrate judge should've ordered arbitration in a delivery driver's proposed wage and hour class action, saying the driver is not a transportation worker engaged in interstate commerce who'd be exempt from arbitration.

  • May 26, 2020

    Coronavirus Regulations: A State-By-State Week In Review

    The COVID-19 pandemic found states monitoring scaled back Memorial Day weekend festivities that went off without a hitch in some places and resulted in crowd-limit violations in others, signaling challenges ahead as the beach season vies with continuing public health safety mandates.

  • May 26, 2020

    High Court Won't Review Nonconsensual Ch. 11 Releases

    The U.S. Supreme Court on Tuesday said it won't review a Third Circuit decision that allowed the 2015 confirmation of a troubled laboratory company's Chapter 11 plan over opposition from creditors that argued the plan unconstitutionally released key parties from damage claims without creditor consent.

  • May 26, 2020

    High Court Won't Mull Waiver In Painter's Ch. 11 Contract Row

    The U.S. Supreme Court on Monday refused to hear arguments from a construction company over whether it gave up its right to appeal in a contract dispute when it inked an agreement to drop the entirety of its claims if a Pennsylvania bankruptcy judge ruled against it in the case.

  • May 26, 2020

    NJ Justices Remove 'Close Your Legs' Judge From Bench

    The New Jersey Supreme Court on Tuesday ousted a state judge for asking a sexual assault accuser whether she closed her legs and later joking about the case with his staff, siding with a special panel's determination that he should be removed from the bench.

  • May 22, 2020

    Law360 Reveals Titans Of The Plaintiffs Bar

    They've represented consumers, companies, and government entities, taken on Goliaths in industries ranging from aerospace to health care to finance to technology to sports, and won landmark victories on behalf of clients across the country.

  • May 22, 2020

    Feds Rip Ex-Apple Atty's 'Hail Mary' Bid To Nix Criminal Case

    Federal prosecutors on Friday tore into a dismissal bid lodged by a former senior Apple attorney indicted for insider trading, saying the lawyer's argument that the criminal case against him is unconstitutional is the legal equivalent of "a Hail Mary pass."

  • May 22, 2020

    Law Dean Says DOJ Halting Whistleblowers Unconstitutional

    The dean of the University of California Berkeley School of Law said the federal government unconstitutionally deprived a whistleblower of his property interest in his lawsuit when it successfully petitioned a Pennsylvania federal court to toss the case against a UnitedHealth Inc. unit, according to an amicus brief filed with the Third Circuit Friday.

  • May 22, 2020

    US Tennis Sued Over College Grad's Head Injury At Stadium

    The U.S. Tennis Association was hit Friday with a negligence suit in New Jersey federal court from a woman alleging she was severely injured by a falling guardrail nearly three years ago while attending her college graduation ceremony at a U.S. Open tennis arena in New York.

  • May 22, 2020

    Pfizer, Ranbaxy Sued Over Delay Of Generic Lipitor

    Pfizer Inc. and Ranbaxy Inc. were hit Friday with a proposed class action alleging drug wholesalers overpaid billions of dollars for the high-cholesterol medicine Lipitor because of a purported pay-for-delay scheme to stifle generic competition.

  • May 22, 2020

    NJ Co. Asks To Move Texas Hotel Fraud Suit To Fed Court

    An elevator company has asked a federal judge to move a Dallas hotel venture's $1 million fraud suit against it out of state court, saying the state court had already ruled against a local construction firm also named in the case.

  • May 22, 2020

    Attys Worry Social Distancing Will Hinder Law Grad Mentoring

    The American Bar Association's call to extend limited practice privileges to law school graduates facing a delayed bar exam due to COVID-19 has prompted concerns that social distancing will sabotage the very initiative it prompted, given the intense supervision required as part of the plan.

  • May 22, 2020

    New ERISA Suits Could Clarify Plans' Cybersecurity Duties

    A handful of recent lawsuits challenging retirement plan managers' lax cybersecurity policies and use of workers' data for marketing purposes could shed light on an area of the Employee Retirement Income Security Act that has long been shrouded in mystery: employers' cybersecurity and data privacy obligations.

  • May 22, 2020

    Loan Fraudster Can't Get Out Of Prison Due To Pandemic

    A New Jersey federal judge on Friday refused to release an ex-president of a staffing agency from prison due to the coronavirus pandemic as he serves time for defrauding a lender out of more than $400,000, saying he didn't follow the requisite administrative process through the Bureau of Prisons.

  • May 21, 2020

    FedEx Can't DQ Lichten Firm In Pa. Drivers' OT Suit

    A Pennsylvania federal judge said Thursday that Lichten & Liss-Riordan PC's work representing FedEx drivers in a separate New Jersey wage class action doesn't pose any conflicts for FedEx drivers in a Keystone State collective action alleging they've been shorted on overtime.

  • May 21, 2020

    Pa. Home Security Co. Ducks Fraud Claims At 3rd Circ.

    A home security company knocked out class claims that it unlawfully billed for services that were no longer being provided after the Third Circuit on Thursday said a customer's agreement required him to keep paying after he moved and sold his house.

  • May 21, 2020

    Gray Urges Justices To Rein In 3rd Circ. On Media Ownership

    Gray Television has urged the U.S. Supreme Court to uphold the FCC's most recent media ownership deregulation and called for the justices to reverse the Third Circuit stance that the agency has not justified relaxing the long-standing limits on broadcast station ownership.

  • May 21, 2020

    Sens. Denounce Delta, JetBlue's Hourly Cuts After Virus Relief

    Delta Air Lines and JetBlue should reverse their decisions to cut employees' hours after they received assistance under the Coronavirus Aid, Relief, and Economic Security Act, a group of Democratic and independent senators said Thursday.

  • May 21, 2020

    NJ Property Owners Escape Injury Suit Due To Lease With City

    A New Jersey state appeals panel on Thursday upheld a summary judgment win for two property owners in a slip-and-fall suit, saying their lease with the Borough of Caldwell required the municipality to remove snow and ice from the premises.

  • May 21, 2020

    Drug Buyers' Retooled $34M Celgene Deal Wins Initial OK

    A New Jersey federal judge has given the preliminary green light to a $34 million deal between drug buyers and Bristol-Myers Squibb unit Celgene over allegations the drugmaker illegally monopolized a pair of cancer treatments.

  • May 21, 2020

    $7M Oral Settlement In Contract Row Stands At NJ Court

    A New Jersey state appeals court on Thursday said a commodity supply chain company could not escape a roughly $7.6 million judgment against the business and a related entity in their suit against a former executive, finding that a trial court properly concluded that the parties had an enforceable oral settlement agreement.

  • May 21, 2020

    Community Advocates Say NJ Immigration Directive Is Lawful

    A group of 24 community advocacy organizations are siding with the New Jersey state attorney general in Ocean County's lawsuit challenging his order for local law enforcement not to share information with federal immigration authorities, arguing that the directive is lawful.

  • May 20, 2020

    States Join Bid For Virus Delay In Purdue Pharma Bankruptcy

    Two dozen states and the District of Columbia have joined calls for a New York federal court to push back the cutoff date for filing claims in the bankruptcy of Purdue Pharma LP, citing the obstacles created by the ongoing COVID-19 pandemic.

Expert Analysis

  • Preparing For A Deluge Of COVID-19 Whistleblower Claims

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    Attorneys at Proskauer break down the kinds of COVID-19 whistleblower retaliation claims employers should anticipate, and explain key steps to minimize risks under the Occupational Safety and Health Act, National Labor Relations Act, Families First Coronavirus Response Act, and state laws.

  • Opinion

    Credibility Concerns About Virtual Arbitration Are Unfounded

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    Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.

  • Opinion

    COVID-19 Relief Should Fund A Federal Infrastructure Bill

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    To create jobs and address the country's $4.5 trillion infrastructure backlog, the federal government should enact coronavirus relief directed at infrastructure investment, leveraged by the allocation of funds for public-private partnerships, say Andrej Micovic and Eric Singer at Bilzin Sumberg.

  • The Challenge Of Measuring Pipelines' GHG Footprints

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    The Federal Energy Regulatory Commission is frequently asked to require natural gas pipelines to evaluate effects on greenhouse gas emissions, with implications for project approval, but it is not easy to calculate the climate impact of a given pipeline, says David Harrison at NERA.

  • A Lawyer's Guide To Client Service Continuity Planning

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    Ensuring uninterrupted client service and compliance with ethical obligations in a time when attorneys are more likely to fall ill means taking six basic — yet often ignored — steps to build some redundancy and internal communication into legal practice, say attorneys at Axinn.

  • Lessons On Trade Secret Claims From Possessor, Not Owner

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    The Third Circuit's recent trade secrets decision in Advanced Fluid Systems v. Huber is particularly important for companies in relationships whereby vendors create, use or apply confidential information and trade secrets to develop solutions or manufacture products for other entities pursuant to a contract, say attorneys at Proskauer.

  • Virtual Meetings Could Be Fertile Ground For Legal Discovery

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    Many remote meeting technologies include recording features as default settings, raising three primary concerns from a legal discovery and data retention perspective, and possibly bringing unintended consequences for companies in future litigation, says Courtney Murphy at Clark Hill.

  • How Courts May Interpret COVID-19 Waivers Of Liability

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    As businesses begin to reopen, they may seek to release themselves from negligence claims for COVID-19 infections through contractual waivers of liability, but whether a waiver is enforceable varies significantly by state, says Jessica Kelly at Sherin and Lodgen.

  • Bridgegate Has The Potential To Upend A Raft Of Prosecutions

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    The U.S. Supreme Court's recent "Bridgegate" decision will undoubtedly create further hurdles for the government to prosecute schemes that are venal, deceitful and underhanded but in which the loss of money or property — while foreseeable — was not the objective, say Daniel Fetterman and Brian Choi at Kasowitz.

  • Wis. Executive Power Ruling Has A Downside For Businesses

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    The Wisconsin Supreme Court’s decision last week invalidating the state's stay-at-home order as going beyond the governor's authority could make future executive orders limiting businesses' tort liability during post-pandemic reopening significantly less likely even in other states, says Brian Hauck at Jenner & Block.

  • The Role Of Remote Mediation After The Crisis Is Over

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    When the dark cloud of COVID-19 has passed and resolution centers are once again peopled with warring parties and aspiring peacemakers, remote mediations will likely still be common, but they are not going to be a panacea for all that ails the dispute resolution industry, says Mitch Orpett at Tribler Orpett.

  • NJ Law Favors Insureds In COVID-19 Biz Interruption Suits

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    The loss of functionality and efficient proximate cause doctrines under New Jersey insurance law may provide a favorable litigation atmosphere for policyholders in disputes over COVID-19 business interruption coverage, say attorneys at Anderson Kill.

  • How States Are Relaxing Truck Weight Rules During COVID-19

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    Multiple states have adjusted truck weight limits to allow delivery vehicles involved in emergency relief efforts to accommodate more freight during the COVID-19 pandemic, but commercial carriers and vehicle operators must be mindful of differences between states, say attorneys at Cozen O'Connor.

  • A Vertical Challenge May Have Fared Better In Sabre Merger

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    A vertical challenge may have been the U.S. Department of Justice's best chance to block the Sabre-Farelogix merger — subsequently blocked by an adverse United Kingdom ruling — as well as an opportunity to test its new vertical merger draft guidelines, say James Fishkin and Dennis Schmelzer at Dechert.

  • 7 Steps To Romancing The Virtual Classroom

    Excerpt from Lexis Practice Advisor
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    For professors, trainers, lawyers, students and businesses grappling with the unexpected challenges of distance learning, trial attorney and teacher James Wagstaffe offers best practices for real-time online instruction.

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