New Jersey

  • January 20, 2017

    FCRA Violation Props Up Horizon Breach Row, 3rd Circ. Says

    The Third Circuit on Friday revived a putative class action over a data breach at Horizon Healthcare, ruling in a published opinion that plaintiffs did not have to allege that their information had been misused but instead could rely on purported violations of the Fair Credit Reporting Act to establish standing. 

  • January 20, 2017

    Claims Trimmed In NJ Med Mal Suit Against Doc

    A New Jersey state judge has trimmed a lawsuit accusing a physician of severing a patient's ureter during a robotic hysterectomy, saying the plaintiff could pursue medical malpractice and lack of informed consent claims but not a medical battery claim.

  • January 20, 2017

    Retailers Back Challenge To Del. Property Audits At 3rd Circ.

    The National Retail Federation on Thursday backed Marathon Petroleum’s appeal of the dismissal of its challenge to a Delaware law that allows the state to carry out business audits in search of seizable abandoned property, including prepaid gift cards, telling the Third Circuit it's clear the state is abusing the audit process.

  • January 20, 2017

    NJ Judge Won't Disqualify Firm In Wine Co. Dispute

    A New Jersey judge on Friday declined to disqualify Kaufman Dolowich & Voluck LLP from representing two divisions of the same company embroiled in litigation with a former executive, ruling that the now-ousted CEO didn’t prove the the entities had conflicting interests.

  • January 20, 2017

    Cohen Milstein Pushes For Class Counsel Nod In ERISA Suit

    Two law firms on Thursday continued their push to be appointed co-lead counsel in a putative class action accusing New Jersey’s St. Joseph’s Healthcare System of ERISA violations, telling a federal judge that four other courts have deemed them worthy of the role in similar suits.

  • January 20, 2017

    Agile Lied About Birth Control Patch Study, Investor Says

    Agile Therapeutics Inc. misled investors into thinking that a contraceptive patch it was developing would get U.S. Food and Drug Administration approval, even though more than half the participants had dropped out of the clinical study and the patch didn’t meet industry standards, a second potential class of shareholders alleged in New Jersey federal court on Friday.

  • January 20, 2017

    SEC Claims Assisted-Living Owners Mixed Bond Accounts

    The Securities and Exchange Commission on Friday told a New Jersey federal court that a pair of assisted living facility operators misappropriated millions of dollars in investor funds to prop up failing facilities for their own benefit, saying one partner went so far as to say he had picked out his prison clothes.

  • January 20, 2017

    Lauletta Birnbaum Adds 2 Attys To New Philly Office

    New Jersey-based Lauletta Birnbaum LLC announced on Friday that it is complementing its recent expansion across the Delaware River into Philadelphia with a land use attorney and a commercial litigator joining the firm from Elliott Greenleaf and Meredith & Narine LLC.

  • January 20, 2017

    Philly Atty Convicted In Firm Lender Theft Loses NJ License

    The New Jersey Supreme Court on Thursday accepted the disbarment of a Philadelphia lawyer convicted of defrauding his law firm lender of hundreds of thousands of dollars and money laundering.

  • January 20, 2017

    Ex-NJ Atty Seeks Probation In Referral Kickback Case

    A former New Jersey attorney facing possible prison time for strategically banking kickbacks he received through a personal injury client referral scheme in order to avoid IRS detection urged a federal judge on Thursday to reject the government’s push for a lengthier term and stick to the original plea agreement.

  • January 20, 2017

    NJ Racetrack Guard Loses Bid To Revive Wage Suit

    A New Jersey state appeals court on Friday refused to revive a Meadowlands Racetrack security guard's putative class action against the racetrack operator, finding that the business is not bound by a state statute requiring employers to pay certain wages to workers providing building services at state-owned and state-leased facilities.

  • January 19, 2017

    Kushner Faces Opposition In Skipping Consumer Fraud Trial

    Nearly three dozen condominium owners called on a New Jersey state court Thursday to require President-elect Donald Trump's son-in-law, Jared Kushner, to testify at an upcoming trial over claims that his family's real estate firm and others deceived them into buying into a waterfront community that wasn't developed as proposed.

  • January 19, 2017

    Fla. AG Files Water Chemical Antitrust Suit In NJ

    Florida's attorney general filed an antitrust suit in New Jersey federal court Thursday that accuses liquid aluminum sulfate producers of conspiring to restrain trade and drive up prices on the chemical, which is used by public entities for water treatment and by companies to make pulp and paper.

  • January 19, 2017

    Rolling Back Regulation In The Age Of Trump

    The incoming president’s plans to rein in the power of federal agencies will lead to uncertainty for lawyers and their clients as pending investigations and rulemaking are stopped in their tracks.

  • January 19, 2017

    Most Influential Judges On Trump’s Supreme Court Short List

    A new look at the potential U.S. Supreme Court nominees’ rulings reveals a ranking of judicial influence with some surprises at the top — and at the bottom.

  • January 19, 2017

    The Lawyer Who Will Shape Trump’s Presidency

    Jones Day’s Donald McGahn is stepping into the role of White House counsel, a powerful but little-understood position that has a strong history of impacting the president’s authority.

  • January 19, 2017

    In The Polarized Era Of Trump, BigLaw Searches For Balance

    The alignment of law firms with or against the new administration in legal battles to come could open rifts among attorneys and clients. But the publicity earned for taking on a potentially unpopular case could ultimately be worth any public fallout.

  • January 19, 2017

    Verizon Unit Urges NJ Panel To Restore $271M Tax Deduction

    Counsel for MCI Communication Services Inc. urged a New Jersey state appellate panel Thursday to restore a roughly $271 million tax deduction, saying a lower court erred in requiring the business to pay tax on cancellation of debt income belonging to its parent company.

  • January 19, 2017

    NJ Disbars Atty Convicted Of Pa. Bank Robbery

    The New Jersey Supreme Court has disbarred an attorney who was sentenced to prison after pleading guilty to robbing a Pennsylvania bank in 2013, according to a high court order and ethics decision that were made public Thursday.

  • January 19, 2017

    Travelers Can't Escape NJ Pollution Cleanup Coverage Battle

    Travelers Indemnity Co. on Thursday narrowly lost its bid to slip a lawsuit over coverage for a chemical company's environmental pollution cleanup costs, as a New Jersey federal judge said that scant indirect evidence of decades-old policies coupled with expert testimony are "barely sufficient" to keep the case alive.

Expert Analysis

  • Life Settlements Industry: 2016 In Review

    Brian T. Casey

    Last year saw several large portfolio trades in the tertiary life settlements market, and the industry faced cost of insurance increases by several major companies. Brian Casey and Thomas Sherman of Locke Lord LLP discuss 2016's most important life settlements court cases from all around the country.

  • ConAgra Opinion May Repair Ascertainability Circuit Split

    Fred Taylor Isquith

    In its systematic, careful and Rule 23-specific opinion in Briseno v. ConAgra, the Ninth Circuit found a way to eviscerate the Third Circuit’s views on “ascertainability.” This important opinion may not end the debate, but it may engender new thinking from the Third and Fourth Circuits, says Fred Taylor Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • How Litigation Funding Is Bringing Champerty Back To Life

    John H. Beisner

    While some courts have declined to apply the common-law doctrine of champerty to invalidate third-party litigation funding agreements, two recent rulings by appellate courts in New York and Pennsylvania have brought renewed attention to champerty principles, casting doubts on the legality of certain forms of third-party litigation funding, say John Beisner and Jordan Schwartz of Skadden Arps Slate Meagher & Flom LLP.

  • Attracting And Retaining The Millennial Lawyer

    Christopher Imperiale

    Instead of trying to change the new workforce to follow a law firm's existing processes and procedures, perhaps it's time for firms to start changing their processes and procedures to better accommodate the mentality of this next generation of lawyers, says Christopher Imperiale, a law firm adviser with Berdon LLP.

  • Trump's EPA: Be Careful What You Wish For

    Mitchell J. Klein

    Trying to prognosticate what President-elect Donald Trump will do is very difficult. But assuming he does seek to implement change at the U.S. Environmental Protection Agency, if it's perceived as backing off of environmental enforcement, private parties will step in and cases will likely be even more expensive, more problematic and more unreasonable than those brought by the EPA and the states, says Mitchell Klein of Snell & Wilmer LLP.

  • Talking 'Bull': Episode 11, Teacher’s Pet

    Roy Futterman

    In this weekly column, real-life New York City jury consultant and psychologist Roy Futterman parses fact from fiction in "Bull," the new TV series airing on CBS about a fictional NYC jury consultant/psychologist. Spoiler alert ...

  • It’s Time To Change The Law Firm Business Model

    Lucia Chiocchio

    Every year, statistics reveal very little change in the number of women and minorities in the ranks of partnership. So how do law firms change this painfully slow rate of progress? It takes more than adding a diversity policy or a women’s leadership program to the current law firm business model, says Lucia Chiocchio, co-chair of Cuddy & Feder LLP's telecommunications and land use, zoning & development groups.

  • Amended Rule 37(e): 1 Year Later

    Samantha Southall

    After a full year in effect, the amended Federal Rule of Civil Procedure 37(e) has been tested in a variety of district courts. A sampling of these decisions reveals that courts seem to be adhering closely to the amended rule and ordering adverse inference instructions only where there was intent to deprive another party of access to relevant information, say Carrie Amezcua and Samantha Southall of Buchanan Ingersoll & Rooney PC.

  • Avoiding The Hidden Costs Of Bargain-Priced E-Discovery

    Michael Cousino

    Many organizations are interested in finding electronic discovery partners who offer tantalizingly low prices for electronic discovery services. However, unforeseen gaps, lax security practices, ignorance of global practices and delayed deliverables can all add up to a surprisingly large final cost, says Michael Cousino of Epiq Systems.

  • What Trump High Court Candidates Say About 1st Amendment

    Gayle C. Sproul

    As media advocates, we wondered how President-elect Donald Trump's soon-to-be-announced U.S. Supreme Court nominee might react to Trump’s vow to shred the hard-won protections now embedded in the law of libel. We found that none of the opinions from judges on his shortlist hint at any inclination to depart from these established rules, say Gayle Sproul and Max Mishkin of Levine Sullivan Koch & Schulz LLP.