New Jersey

  • March 19, 2018

    Co. Did Not Warn Of Mesh Product Risks, NJ Jury Told

    Counsel for a woman suing C.R. Bard Inc. over pelvic mesh products told a New Jersey state jury Monday that the business knew the devices were unsafe and failed to warn doctors about potential risks, but a company attorney countered that they were safe and that adequate warnings had been provided.

  • March 19, 2018

    Former NJ US Atty Joins Arnold & Porter

    New Jersey’s longest-serving U.S. Attorney in five decades, Paul J. Fishman, is taking his 35 years of experience on both sides of the private-public fence to Arnold & Porter’s crisis management and strategic response team, the firm announced Monday.

  • March 19, 2018

    Grocer Drops Claims Stop & Shop Tried To Freeze Out Rival

    A supermarket chain that lodged federal antitrust claims accusing a Stop & Shop of blocking its efforts to build a ShopRite in an attempt to remain Wyckoff, New Jersey’s sole grocer has dropped its suit, according to settlement documents filed Monday.

  • March 19, 2018

    Experts Didn't Prove Hernia Mesh Caused Injuries, Court Says

    The New Jersey Appellate Division on Monday refused to revive a product liability case alleging a medical mesh caused a host of complications for a hernia patient, ruling the patient’s expert witnesses couldn’t prove the product caused the problems.

  • March 19, 2018

    Doc Can Opine In Diet Pill Death Suit, NJ Appeals Court Says

    The New Jersey Appellate Division on Monday revived a widower’s lawsuit over his wife’s fatal heart attack from diet drugs after finding that a doctor barred by a lower court as an expert witness was still qualified to render an opinion, despite not specializing in weight loss treatment.

  • March 19, 2018

    3rd Circ. Affirms Owens Corning Shingles Class Denial

    The Third Circuit on Monday affirmed a ruling denying class certification in a case that alleges roofing supplier Owens Corning misled consumers about the quality of shingles it sold, finding that not all of the shingles in question had the supposed defect. 

  • March 19, 2018

    Outten, Cohen Attys Held In Contempt Over Chipotle OT Suit

    A Texas federal judge on Monday held in contempt lawyers from Outten & Golden LLP and Cohen Milstein Sellers & Toll PLLC and their client, saying they had improperly pursued a Fair Labor Standards Act collective action against Chipotle Mexican Grill Inc. based on an invalidated overtime rule.

  • March 19, 2018

    Jets Season Ticket Holder Sues Over Seat License Change

    A New York Jets season ticket holder launched a proposed class action lawsuit against the team in New Jersey state court Friday alleging its decision to sell season ticket packages that do not require corresponding personal seat licenses rendered his own PSLs meaningless.

  • March 19, 2018

    NJ Man Indicted In $1M Medicare DNA Testing Scheme

    A New Jersey man was indicted Friday on allegations that he and others used a fake nonprofit to dupe hundreds of low-income senior citizens into unnecessary DNA testing in a scheme to bump their sales commissions as representatives for the genetic testing labs that prosecutors said defrauded Medicare of more than $1 million.

  • March 16, 2018

    BIA Clarifies Review Of Drug Convictions For Deportations

    The Board of Immigration Appeals has determined that immigration judges do not have to only look to the section of the Controlled Substances Act that is most like the law under which an individual is convicted when determining whether a state offense is a felony that makes someone deportable.

  • March 16, 2018

    3rd Circ. Affirms Plastic Surgeon's 3-Year Prison Sentence

    The Third Circuit on Friday declined to overturn a plastic surgeon's three-year prison sentence and $96,000 fine for tax evasion — and was unswayed by his argument that the trial court erred in excluding evidence that he eventually paid the tax.

  • March 16, 2018

    3rd Circ. Won't Grant New Trial To Car Dealer In Fax Row

    The Third Circuit on Friday denied a car dealership's bid for a new trial against the former president of a roofing company in a class action over unsolicited faxes advertising its services, rejecting claims that jury instructions were erroneous and questioning whether he could be held liable at all.

  • March 16, 2018

    2nd Circ. Case Doesn’t Clear Kelly In GWB Scandal, Say Feds

    Prosecutors on Thursday blasted the defense argument that a recent Second Circuit opinion dealing with a convicted sex offender supports a former public official's claims that she did not violate residents' civil rights to travel freely by allegedly causing gridlock near the George Washington Bridge in a political revenge scheme.

  • March 16, 2018

    Atty Bloggers Find Niche Tracking Federal Appeals Courts

    A minuscule but committed group of attorneys have toiled away blogging on specific federal appeals courts, not only bolstering their skills as practitioners and building a name for themselves as authorities but also shining a light on important courts that often want for dedicated attention.

  • March 16, 2018

    Maryland House Passes Bill To Put Sports Betting On Ballot

    An overwhelming majority of members of the Maryland House of Delegates on Thursday passed legislation that could let voters weigh in on whether the state should legalize sports betting at its racetracks and casinos.

  • March 16, 2018

    Horizon Never Promised Providers Tier 1 Status, Judge Says

    A New Jersey judge on Thursday trimmed claims by three providers alleging Horizon Healthcare Services Inc.’s tiered health coverage plan gives hospitals with more resources a competitive edge, ruling that the insurer never promised the providers they’d be included in the preferred coverage tier, but let another claim continue.

  • March 16, 2018

    A Chat With Littler Info Chief Durgesh Sharma

    In this monthly series, legal recruiting experts at Major Lindsey & Africa interview management from top law firms about navigating an increasingly competitive business environment. Here we feature Durgesh Sharma, chief information officer at Littler Mendelson PC.

  • March 16, 2018

    Garden State Pot Biz Possibilities Have Firms Seeing Green

    The potential expansion of New Jersey’s marijuana marketplace would create more business for law firms across several practice areas and encourage those shops to grow or restructure their rosters to better represent clients in the industry, from growers to investors, according to attorneys eyeing such work.

  • March 16, 2018

    Surging Tax Receipts, Polls Lure States Into Pot Debate

    One of the few things growing faster than tax receipts from legalized marijuana, experts say, is the breadth of state legislation currently being considered that would allow the adult recreational use of cannabis.

  • March 15, 2018

    Workers Win 'Tolling' Ruling In Del. 3rd Circuit Query

    In a partial win for banana plantation workers pursuing a pesticide class injury claim, Delaware's Supreme Court told the Third Circuit on Thursday that statute of limitation pauses in multijurisdiction disputes end only after a clear denial of class status.

Expert Analysis

  • NJ Employers Should Note Evolving Cannabis Laws

    Ruth Rauls

    While no new laws have been finalized yet, the stars may be aligning in New Jersey for significant changes to how it deals with cannabis. For employers, this means more employees using marijuana, medical or recreational, in the near future, says Ruth Rauls of Saul Ewing Arnstein & Lehr LLP.

  • Changes To Rule 23 Are Coming, Are You Prepared?

    Niki Mendoza

    Proposed amendments to the Federal Rules of Civil Procedure Rule 23, which governs class actions, are set to take effect on Dec. 1, 2018, pending approval. The amendments would significantly alter class action litigation procedure from notice to settlement, says Niki Mendoza of Garden City Group LLC.

  • Personal Jurisdiction In 3rd Circ. After 'Shuker'

    David Currie

    While much of the Third Circuit's recent opinion in Shuker v. Smith & Nephew is devoted to federal preemption of certain state law claims, the consequences of the court's treatment of personal jurisdiction may reach even further, says David Currie of Vinson & Elkins LLP.

  • Lawyering A La Carte: Unbundled Dispute Resolution Services

    David Wallace

    There's no reason for limiting unbundled legal services to family law or even pro se litigants. Wider adoption, especially by litigators, presents an opportunity to correct law's distribution and pricing problem, to make justice practically available to all, and to dethrone litigation as the "sport of kings," says New York-based trial lawyer David Wallace.

  • You’re Perfect, Now Change: Perfectionism Hurts Lawyers

    Peter Norman

    Like medical professionals, lawyers often resist policies to reduce errors due to the culture of perfectionism that permeates the industry. Autonomy is key to the legal professional's prestige and the outward demonstration of competence is key to maintaining autonomy, says Peter Norman of Winnieware LLC.

  • Opinion

    Grassley, Feinstein Debate Judicial Vetting, Obstruction

    Sen. Chuck Grassley

    It is undisputed that in his first year in office President Trump was able to confirm a significant number of judges to the federal bench. How it happened — and whether it's a good thing — are debated here by Sen. Chuck Grassley, R-Iowa, and Sen. Dianne Feinstein, D-Calif.

  • 3rd Circ. Gets It Partly Right On Component Preemption

    Michelle Hart Yeary

    The recent Third Circuit opinion in Shuker v. Smith & Nephew got the most important issue right — when you have a multicomponent medical device, premarket approval preemption is to be addressed on a component-by-component basis. This is an important question, because surgeons engaging in off-label use do mix and match parts with different regulatory backgrounds, says Michelle Yeary of Dechert LLP.

  • Will High Court Provide Clarity On 'Clear Evidence'?

    Erin Bosman

    The U.S. Supreme Court may soon revisit a seminal decision on products liability law for pharmaceutical manufacturers. If the court grants Merck & Co.'s request for certiorari in Fosamax, it could signal that lower courts, as well as branded manufacturers, will finally receive guidance on Levine’s "clear evidence" standard, say attorneys with Morrison & Foerster LLP.

  • Why Sexual Harassment Victims Face Class Action Hurdles

    Daniel Messeloff

    The #MeToo movement continues to gain momentum, but before a wave of litigation can ensue, the federal government and the U.S. Supreme Court will need to revisit the question of arbitration clauses in employment contracts. Even then, there will still be hurdles to establishing class claims for sexual harassment, say Daniel Messeloff and Emily Knight of Tucker Ellis LLP.

  • State And Local Tax Scoreboard: 2017 In Review

    State And Local Tax Scoreboard: 2017 Year In Review

    In this review of state and local tax decisions in 2017, Charles Capouet and Jessica Allen of Eversheds Sutherland LLP share observations on taxpayers’ outcomes in corporate income tax and sales and use tax cases, and look back at significant rulings such as the Pennsylvania Supreme Court’s decision in Nextel.