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New Jersey
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March 14, 2024
Most States Fall Short In Disclosing Justices' Finance Reports
The vast majority of state supreme courts make it exceedingly difficult for the public to get information about justices' financial entanglements, and the information they do give out is often scant at best, according to a report released Thursday.
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March 14, 2024
Health Co. Says Future Harm Risk Falls Short In Breach Suit
New Jersey healthcare provider Capital Health System urged a Garden State federal judge on Wednesday to toss a proposed class action seeking damages as a result of a 2023 data breach, arguing that the plaintiffs failed to allege their personal identifying information was actually misused.
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March 14, 2024
NJ Ethics Panel Leader Among Judicial Nominees Advanced
Five nominees for New Jersey Superior Court judgeships and two sitting judges – with backgrounds in ethics, civil litigation, family law and administrative law – saw their nominations move forward from the state Senate's judiciary committee on Thursday.
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March 14, 2024
NJ Law Firm Avoids Malpractice Suit Over Texas Kratom Death
A Lone Star State appeals court let the New Jersey-based Oshman Firm LLC off the hook on jurisdictional grounds Thursday in a malpractice lawsuit filed by a Texas father who faulted the firm for not filing a wrongful death lawsuit before the statute of limitations expired.
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March 14, 2024
Legal Funder Keeps $18M Claim, Loses Sanctions Bid
A New Jersey federal judge has trimmed an $18 million breach of contract suit a Florida-based legal funder is pursuing against a personal injury lawyer, also denying a bid for sanctions against the attorney, who was accused of filing an "unmeritorious and frivolous" dismissal motion.
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March 14, 2024
Locke Lord Must Face Oil Co.'s Malpractice Suit In NJ
A New Jersey state judge rejected Locke Lord LLP's attempt to evade an oil company's malpractice suit alleging that the firm and one of its former attorneys mishandled a transaction involving an oil refinery project in North Dakota, causing the company to lose $2.5 million
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March 13, 2024
NJ Justices Craft Framework For Support Pet Accommodation
The New Jersey Supreme Court on Wednesday outlined how courts should assess accommodation requests for emotional support animals, reviving condo owners' claims that they were entitled to keep a dog more than double the weight limit allowed under the condominium association's policy.
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March 13, 2024
Dodging Attempt Doesn't Invalidate Service, 3rd Circ. Told
A consulting firm suing a construction company for failing to pay for its services related to a separate lawsuit against the U.S. Department of Veterans Affairs told a Third Circuit panel Wednesday that it served process to the defendant, in spite of the principal's alleged attempts to dodge service.
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March 13, 2024
KKR Leads $500M HarbourView Music-Backed Financing
HarbourView Equity Partners said Wednesday it has secured about $500 million in debt financing through a music asset-backed securitization led by KKR, which will be used to further expand HarbourView's music investment capabilities.
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March 13, 2024
FERC Can't Change Power Auction Results, 3rd Circ. Rules
The Third Circuit has wiped out the Federal Energy Regulatory Commission's tweak to the results of an electricity capacity auction run by the nation's largest regional grid operator, saying it amounted to retroactive rate-making in violation of the filed-rate doctrine.
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March 13, 2024
Jackson Lewis Brings On Three Genova Burns Leaders In NJ
Jackson Lewis PC scooped up three practice group leaders from Genova Burns LLC this week, bringing their expertise on a range of employment areas from compliance and human resources to employment litigation.
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March 13, 2024
NJ Ethics Board Says Referral Fees Only For In-State Attys
New guidance provided by the New Jersey Supreme Court's Advisory Committee on Professional Ethics recommends against the payment of referral fees for out-of-state lawyers, reasoning that such fees, considered payment for legal services, can only be provided to attorneys licensed to practice law in the state.
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March 13, 2024
Tower Taxes To Partly Fund $10B Midtown NYC Bus Terminal
Tax revenue from up to three private towers would help pay for a $10 billion replacement of the aging Port Authority Bus Terminal in Midtown Manhattan, under a deal approved by New York Gov. Kathy Hochul, New York City Mayor Eric Adams and the Port Authority of New York and New Jersey.
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March 12, 2024
Walgreens, Kenvue Unit Sued Over Benzene In Acne Products
Walgreens, Kenvue unit Johnson & Johnson Consumer Inc. and Genomma Lab face a trio of proposed consumer fraud class actions in California federal court by customers who alleged their acne treatment products contain unsafe levels of benzene, but that each of the companies failed to disclose its presence in their labeling.
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March 12, 2024
Judge OKs Ch. 7 Liquidation For Reverse Mortgage Co.
A Delaware bankruptcy judge Tuesday converted Reverse Mortgage Investment Trust Inc.'s Chapter 11 case to a Chapter 7 liquidation, saying the debtor's plan administrator's request for conversion has "good and sufficient cause" under the Bankruptcy Code.
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March 12, 2024
Nurses' Challenge To NJ Vaccine Mandate Moot, Judge Rules
A New Jersey federal judge tossed a suit challenging Gov. Phil Murphy's vaccine mandate for healthcare workers, ruling the case is moot because the mandate had been rescinded.
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March 12, 2024
FTC Welcomes Choice Hotels Dropping Wyndham Hostile Buy
The Federal Trade Commission's top antitrust staffer said Tuesday that he was "pleased" Choice Hotels International Inc. had given up on a hostile takeover of Wyndham Hotels & Resorts, warning that the deal had "posed serious competition questions."
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March 12, 2024
Head Of Rutgers Race Justice Program Defends 3rd Circ. Nom
The director of a Rutgers University program that has drawn controversy amid a confirmation battle for a Third Circuit seat said Tuesday that she is "disappointed though not surprised" by the attacks on nominee Adeel Mangi, who would be the first Muslim federal appeals court judge if confirmed.
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March 12, 2024
LG Assistant GC Suspended In NJ For Side-Work Misconduct
The New Jersey Supreme Court has handed a minimum three-month suspension to an in-house attorney for LG Electronics over misconduct he committed while operating a side practice, including commingling client funds and mishandling two estates.
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March 12, 2024
NJ Diocese Asks Court To Toss Insurer's Abuse Coverage Suit
The Catholic Diocese of Trenton asked a New Jersey federal court to toss an insurer's action seeking to escape coverage for more than 200 suits alleging sexual abuse by clergy, saying the coverage dispute is "premature, vague, and ambiguous."
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March 11, 2024
3rd Circ. Pick Affirms Muslim Lawyer Event Amid GOP Attacks
Third Circuit nominee Adeel Mangi, who will be the first Muslim federal appeals court judge if confirmed and has been facing attacks from Republicans, has updated the Senate Judiciary Committee with an event he "inadvertently" left off his nominee questionnaire.
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March 11, 2024
Forex Firm Wants CFTC Sanctioned For 'Bad Faith' Behavior
A foreign exchange firm accused by the U.S. Commodity Futures Trading Commission of defrauding customers is calling on a New Jersey federal judge to sanction the agency for a "pattern of misconduct" that includes knowingly submitting false statements to the court and attempting to intrude on attorney-client privilege.
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March 11, 2024
3rd Circ. Finds No Reason To Disturb AbbVie Privilege Ruling
The Third Circuit has found that AbbVie was unable to show that a Pennsylvania federal court went against precedent or made an error when ordering the drugmaker to turn over attorney communications from a "sham" patent case allegedly meant to delay AndroGel competitors.
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March 11, 2024
Coinbase Asks 3rd Circ. To Force SEC To Set Rules For Crypto
Crypto exchange Coinbase asked the Third Circuit on Monday to force the U.S. Securities and Exchange Commission to set rules of the road for digital assets in an opening brief that argued the agency failed to provide "a reasoned explanation" for why it denied an earlier request for crypto rulemaking.
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March 11, 2024
Prudential Investors' $35M Settlement Gets Initial OK
Prudential Financial Inc. shareholders have gotten an initial nod from a New Jersey federal judge for their $35 million deal to settle claims that the insurer hurt investors by allegedly misrepresenting certain trends affecting its life insurance reserves.
Expert Analysis
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Tales From The Trenches Of Remote Depositions
As practitioners continue to conduct depositions remotely in the post-pandemic world, these virtual environments are rife with opportunities for improper behavior such as witness coaching, scripted testimony and a general lack of civility — but there are methods to prevent and combat these behaviors, say Jennifer Gibbs and Bennett Moss at Zelle.
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Minn. Noncompete Ban May Add To Nat'l Venue Choice Tangle
With federal courts already split on which laws govern choice-of-venue clauses in noncompete agreements, the new Minnesota statute that bans noncompetes and empowers workers to void any employment contract that requires out-of-state adjudication will complicate compliance for multistate employers, says Sarah Tishler at Beck Reed.
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ChatGPT Can't Predict The Future Of Antitrust And AI (Yet)
Though OpenAI's ChatGPT has made artificial intelligence a popular topic of conversation recently, the subject of AI and antitrust has been around for years, raising the question of what other competitive concerns might arise as the technology becomes more sophisticated and ubiquitous in our marketplace, say attorneys at Faegre Drinker.
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3 Ways Courts Approach Patent Eligibility At Trial And After
Sorin Zaharia and Mark Liang at O’Melveny analyze all 36 district court cases where patent eligibility under Section 101 was decided at trial or post-trial after Alice, specifically focusing on how different districts address step two of the Alice inquiry, as well as the impact of each approach on the outcome.
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Employer Drug-Testing Policies Must Evolve With State Law
As multistate employers face ongoing challenges in drafting consistent marijuana testing policies due to the evolving patchwork of state laws, they should note some emerging patterns among local and state statutes to ensure compliance in different jurisdictions, say attorneys at Troutman Pepper.
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Tide May Be Turning On Texas Two-Step Bankruptcy Strategy
Recent developments in several high-profile bankruptcy cases suggest that the use of the Texas Two-Step to shield solvent companies from tort claims may be falling out of favor, but until the U.S. Supreme Court hears one of these cases the strategy will remain divisive and the subject of increased scrutiny, say attorneys at Rivkin Radler.
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Challenging Standing In Antitrust Class Actions: Timing
The early resolution of Article III standing disputes in antitrust class actions can result in sizable efficiencies, but some litigants and courts are improperly relying on the Amchem and Ortiz U.S. Supreme Court cases to defer standing issues until after ruling on plaintiffs' class certification motions, say Michael Hamburger and Holly Tao at White & Case.
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Level Up Lawyers' Business Development With Gamification
With employee engagement at a 10-year low in the U.S., there are several gamification techniques marketing and business development teams at law firms can use to make generating new clients and matters more appealing to lawyers, says Heather McCullough at Society 54.
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Mallory Ruling Leaves Personal Jurisdiction Deeply Unsettled
In Mallory v. Norfolk Southern Railway, a closely divided U.S. Supreme Court recently rolled back key aspects of its 2017 opinion in Daimler AG v. Bauman that limited personal jurisdiction, leaving as many questions for businesses as it answers, say John Cerreta and James Rotondo at Day Pitney.
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NY, NJ Regs Give Clarity To Cannabis Investors, Ancillaries
Proposed laws and regulations in New York and New Jersey would clarify some previously murky legal waters, thus expanding the ability of investors, lenders and ancillary service providers to work with marijuana business in these states, say David Waxman and Heidi Urness at McGlinchey Stafford.
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Consider Self-Help To Trigger Additional-Insured Status
A New Jersey federal court recently affirmed that owners and contractors can use self-help by filing third-party claims for indemnification against subcontractors, triggering coverage from a subcontractor's insurance by asserting that an employee's injuries resulted from the subcontractor's fault or the employee's own negligence, say Allen Wolff and Ethan Middlebrooks at Anderson Kill.
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5 Ways Firms Can Rethink Office Design In A Hybrid World
As workplaces across the country adapt to flexible work, law firms must prioritize individuality, amenities and technology in office design, says Kristin Cerutti at Nelson Worldwide.
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False Ad Snapshot Shows Risks Of Geographic Origin Claims
A look at recent and historical cases involving deceptive use of geographic origin descriptors show that companies proclaiming they are American, but that sell products originating from outside the U.S., could be at risk under unfair competition laws or Federal Trade Commission enforcement, say attorneys at Carlson Gaskey.
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Opinion
Bar Score Is Best Hiring Metric Post-Affirmative Action
After the U.S. Supreme Court's ruling striking down affirmative action admissions policies, law firms looking to foster diversity in hiring should view an applicant's Multistate Bar Examination score as the best metric of legal ability — over law school name or GPA, says attorney Alice Griffin.
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2 Years Later: TransUnion's Impact On Data Breach Litigation
In the two years since the U.S. Supreme Court’s landmark TransUnion decision, plaintiffs have sought to bypass the effects of the ruling — which poses a significant impediment to large data breach class actions and uncertainty for cyber insurers — through various clever pleading forms, say Jason Fagelman and Sarah Cornelia at Norton Rose, and Amanda Thai at Beazley.