New Jersey

  • September 14, 2017

    Menendez Reimbursed Doc After Media Inquiry, Witness Says

    The government presented evidence Thursday at the bribery trial of Sen. Bob Menendez and a Florida ophthalmologist that the senator reimbursed the doctor for certain flights aboard his private jet after a media inquiry, but defense lawyers noted that prosecutors withheld a related document from the jury.

  • September 14, 2017

    Lloyd's Off Hook In Ambulance Co. Worker's Harassment Suit

    A New Jersey federal judge Thursday agreed with Lloyd's of London that a sexual misconduct endorsement in an ambulance service’s professional liability policy it had underwritten doesn’t cover an employee’s sexual harassment suit.

  • September 14, 2017

    Judges Have Leeway On ‘Hardship’ Decisions, 3rd Circ. Says

    A real estate Ponzi schemer who challenged a sentencing enhancement based on his victims’ “substantial financial hardship” had his appeal rejected by the Third Circuit on Thursday, with the court saying district judges have substantial leeway on such decisions under federal guidelines.

  • September 14, 2017

    3rd Circ. Won't Revive Kimberly-Clark Employee's Bias Suit

    The Third Circuit on Thursday said that a lower court was right to give Kimberly-Clark Pennsylvania LLC a quick win in a suit brought by a female, African-American former employee, deciding that the company’s decision to fire her could not be clearly connected to her race or gender.

  • September 14, 2017

    NJ Justices Say Timing Of Condo Defects Suit Is Unclear

    The New Jersey Supreme Court reversed a lower court’s finding that a condominium association’s lawsuit over construction defects had been filed on time, ruling Thursday that the property’s ownership changes made it unclear when the statute of limitations began.

  • September 14, 2017

    NJ Town Drops Bid To Halt Shore Construction Project

    A New Jersey shore town has dropped its bid to halt a federally funded beach construction project, which it said produced pools of stagnant water during the height of tourist season, because authorities are working on the problem, according to a federal court filing Wednesday.

  • September 14, 2017

    Fed. Gov't Agrees To Settle Missed Cancer Diagnosis Suit

    The federal government has agreed to pay $450,000 to settle an accusation that a federally funded New Jersey clinic failed to diagnose a woman’s cervical cancer, resulting in her death.

  • September 14, 2017

    3rd Circ. Wellbutrin Ruling May Hinder Pay-For-Delay Suits

    The Third Circuit’s recent decision affirming a win for GlaxoSmithKline in litigation accusing the company of stifling generic competition for antidepressant Wellbutrin XL could make it much harder for drug buyers to bring antitrust suits over reverse-payment patent dispute settlements.

  • September 14, 2017

    Normandy-Greenfield JV Nabs $81M Loan From Natixis

    A joint venture of Normandy Real Estate Partners and private equity shop Greenfield Partners has scored $80.7 million in financing from Natixis Real Estate Capital for an office property in New Jersey, according to an announcement on Thursday from borrower-side broker Cushman & Wakefield Inc.

  • September 14, 2017

    NJ Pipeline Plan Gets Green Light From Pinelands Panel

    The New Jersey Pinelands Commission on Thursday greenlighted a controversial plan for a 30-mile pipeline that would course through sensitive forest areas in three of the state’s counties, delivering a split vote after a meeting frequently punctuated by protesters’ shouts and noisemakers.

  • September 13, 2017

    Feds Highlight Free Flights At Menendez Bribery Trial

    Sen. Bob Menendez, D-N.J., received a first-class commercial plane ticket, a chartered plane trip where he was the sole passenger and flights aboard private jets owned by a Florida ophthalmologist as part of what prosecutors allege was a bribery scheme between the two men, witnesses testified Wednesday at their trial.

  • September 13, 2017

    Feds Say Ex-UBS Precious Metals Trader Manipulated Market

    Federal prosecutors have accused a former UBS trader of engaging in a scheme to manipulate the precious metals futures market through the use of a trading tactic known as “spoofing,” according to a complaint dated Tuesday in Connecticut federal court.

  • September 13, 2017

    NJ Law Firm Can't Stop IRS While It Fights Tax Debt

    A New Jersey federal judge on Wednesday denied a bid from Schwartz Simon Edelstein & Celso LLC to halt IRS efforts to recoup a disputed tax debt, finding the firm has not met a narrow exception to a federal law that bars attempts to stop tax collection activities.

  • September 13, 2017

    Ogletree Deakins Adds Employment Law Team In Philadelphia

    Ogletree Deakins Nash Smoak & Stewart PC announced it had brought on board four attorneys from Montgomery McCracken Walker & Rhoads LLP, two of whom have decades of experience and have worked in high-level employment law positions, as additions to the firm’s Philadelphia office.

  • September 13, 2017

    NJ Whistleblower Law Doesn't Protect Volunteers, Panel Says

    The New Jersey Appellate Division on Wednesday upheld the dismissal of a firefighter’s lawsuit alleging he was terminated for complaining about alleged wrongdoing within his department, issuing a published decision clarifying that the state’s whistleblower law protections don’t extend to unpaid volunteers.

  • September 13, 2017

    NJ Judge Shutters, Fines Travel Agency Accused Of Fraud

    A New Jersey travel company and its owner must fork over $277,000 and stop doing business in the Garden State after a judge found that they swindled consumers into paying for vacation-planning services without actually making travel arrangements, the New Jersey attorney general said Wednesday.

  • September 13, 2017

    Del. River Regulator Moves Toward Permanent Fracking Ban

    The Delaware River Basin Commission on Wednesday took a step toward making permanent a long-running moratorium on fracking in the river’s watershed, voting in favor of a resolution to issue draft regulations to ban use of the technique for oil and gas extraction.

  • September 13, 2017

    NJ Justices Will Review Testimony Row In Walmart Verdict

    The New Jersey Supreme Court has agreed to review an appeals court’s determination that a jury's verdict in favor of Walmart Stores Inc. in a personal injury lawsuit was unduly influenced by defense expert’s testimony that the plaintiff exaggerated her symptoms.

  • September 12, 2017

    Gov't Witness Spars With Prosecutor At Menendez Trial

    A government witness said Tuesday that she did not know why she was testifying at the corruption trial of Sen. Bob Menendez, D-N.J., and a Florida ophthalmologist, saying the two men were friends and sparring with a prosecutor over her claim that the doctor referred to the senator as a “brother.”

  • September 12, 2017

    3rd Circ. Backs Pa. Property Seizure For $1.9B Pipeline

    The Third Circuit on Tuesday affirmed a decision allowing a Williams Partners LP unit to immediately take possession of a Pennsylvania landowner's property for its $1.9 billion Atlantic Sunrise project, saying the lower court properly concluded that the pipeline developer's condemnation suit would likely succeed.

Expert Analysis

  • States Vs. Uncle Sam: Federal Bonds As Unclaimed Property

    Brendan Ballard

    States are continuing to assert claims against the federal government over unredeemed federal savings bonds under their respective unclaimed property statutes. Billions of dollars are at stake, and recent decisions from the U.S. Court of Federal Claims appear to have breathed new life into the claims, say attorneys with Eversheds Sutherland.

  • The Psychology Of Hourly Fee Arrangements

    J.B. Heaton

    The range of possible and better fee agreements is wide. But such alternatives will become popular only if litigants confront the psychological tendencies shaping their existing fee arrangements, says J.B. Heaton, a partner at Bartlit Beck Herman Palenchar & Scott LLP.

  • Experts Must Investigate Materials They Rely On

    Jeffrey Klenk

    Experts are accorded wide latitude in terms of the materials they can rely upon in forming their opinions, but they must independently investigate those materials. Federal courts in New Jersey and Pennsylvania recently excluded expert testimony because the materials being relied upon had not been fully vetted, says Jeffrey Klenk of Berkeley Research Group LLC.

  • Self-Collection In E-Discovery — Risks Vs. Rewards

    Alex Khoury

    As judges become better educated about the complexities of collecting electronically stored information, in particular the inefficacy of keyword searching, they are increasingly skeptical of self-collection. And yet, for many good reasons (and a few bad ones), custodian self-collection is still prevalent in cases of all sizes and in all jurisdictions, says Alex Khoury of Balch & Bingham LLP.

  • 6 Common Lateral Partner Myths Debunked

    Dan Hatch

    It’s safe to say that while demand ebbs and flows for legal services, there will never be a shortage of opinions about lateral partner hiring, which is positive for the industry, as anything with such vital importance to careers should attract significant attention. However, there is a unique mythology that travels with the discussions, says Dan Hatch of Major Lindsey & Africa.

  • Heller Sequels And 2nd Amendment, Still Undecided: Part 3

    Robert W. Ludwig

    In the final installment of this three-part series, attorney Robert W. Ludwig concludes his deep dive into the controversial history of Second Amendment jurisprudence.

  • 4 Ways Law Firms Can Help Battle Addiction

    Link Christin

    With more than a third of lawyers showing signs of problem drinking, and untold others abusing prescription drugs and other substances, it is time for law firms to be more proactive in addressing this issue, says Link Christin, executive director of the Legal Professionals Program at Caron Treatment Centers.

  • A Law Firm Guide To Helping Victims Of Human Trafficking

    Sarah Dohoney Byrne

    Unlike victims of many crimes, human trafficking survivors often have complicated legal problems related to the experience of being trafficked — everything from criminal records to custody disputes to immigration obstacles. Many law firms already provide assistance in these areas and can easily transition resources and expertise, says Sarah Dohoney Byrne of Moore & Van Allen PLLC.

  • Bankruptcy Sale Does Not Obviate Chapter 91 Compliance

    Christopher Stracco

    In 975 Holdings LLC v. City of Egg Harbor, the New Jersey Tax Court recently extended the state's Chapter 91 dismissal provisions to properties purchased through a bankruptcy asset sale. A taxpayer should always respond to a Chapter 91 request to protect the rights of subsequent purchasers, say Christopher Stracco and Katharine Coffey of Day Pitney LLP.

  • Clarifying A Bankrupt Employer’s WARN Act Obligations

    Robert Lewis

    The Third Circuit issued a significant decision this month in Varela v. AE Liquidation that highlighted the interplay between the Bankruptcy Code and the Worker Adjustment and Retraining Notification Act. Employers should bear in mind the Third Circuit’s warning that the “probability” test it adopted to determine if a bankrupt employer must provide 60 days’ notice of a mass layoff is an objective one, says Robert Lewis of Baker McKenzie.