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New Jersey

  • August 15, 2018

    3rd Circ. Won't Revive Suit Over Hartford Management Fees

    The Third Circuit refused Wednesday to disturb a victory for investment advisers in beating a proposed class action over mutual fund management fees, saying a district court properly found that the shareholders behind the suit failed to show the fees were excessive for the services provided.

  • August 15, 2018

    NJ Damages Cap Applies To Clinic Sued In Death Of Newborn

    A New Jersey federal judge has ruled that a state law capping damages for charities at $250,000 applies to a federally funded health clinic facing a medical malpractice suit over the death of a newborn.

  • August 15, 2018

    3rd Circ. Won't Boost Man's $500 Award Over Conrail Spill

    The Third Circuit on Wednesday shot down a higher damages bid by a man who alleged he was exposed to a dangerous chemical from a Conrail freight train derailment, ruling that a lower court properly found that his expert witness didn’t proffer reliable evidence that his cancer risk increased.

  • August 15, 2018

    NJ Justices Upend Fees In Injury Row Under Settlement Rule

    The New Jersey Supreme Court ruled Wednesday that a rock wall parts manufacturer is not on the hook for attorneys’ fees in a product liability action under the so-called offer-of-judgment rule after its share of a liability verdict fell below the proposed settlement amount.

  • August 15, 2018

    Ex-NBA Player Aims To Sink NJ Conviction In Ponzi Scheme

    A former NBA player has called on a New Jersey federal court to throw out his conviction and nine-year prison sentence for bilking real estate investors out of more than $2 million in a Ponzi scheme, citing allegedly ineffective legal assistance by his former attorney and purportedly false testimony by government witnesses.

  • August 15, 2018

    3rd Circ. Affirms Convictions In NOVA Bank TARP Fraud Case

    The Third Circuit on Tuesday affirmed the April 2016 convictions of two top officials from the now-defunct NOVA Bank for defrauding the Troubled Asset Relief Program in a ruling that also upheld an 11-month prison term for the bank's former chairman.

  • August 14, 2018

    How One Firm Moved The Needle On Disability Inclusion

    This global law firm has recently focused on creating opportunities for people with disabilities across its ranks, and its efforts are already showing results.

  • August 14, 2018

    Italian Engineering Co. Must Arbitrate Power Plant Row

    A New Jersey federal judge ordered an Italian engineering contractor to arbitrate its defamation lawsuit against a U.S. manufacturer of steam condensers, rejecting arguments that the dispute stemming from a power plant project fell outside an underlying arbitration clause.

  • August 14, 2018

    Third Circuit Revives Discrimination Suit Over Service Dog

    The Third Circuit on Tuesday revived a lawsuit by the parents of an epileptic girl who claim a Pennsylvania school discriminated against her by barring her service dog, clarifying in a precedential decision that the trial court erred in its application of federal disabilities laws in instructions to jurors who had ruled in the school’s favor.

  • August 14, 2018

    NJ Gov. Signs Bill Encouraging Public-Private Partnerships

    New Jersey expanded its public-private partnership capabilities beyond the education sector Tuesday, as Gov. Phil Murphy signed legislation that allows any government entity within the Garden State to team up with private companies on projects that will benefit the public.

  • August 14, 2018

    CVS Escapes Class Action Over Flu Shot Text Messages

    A New Jersey federal judge Tuesday nixed a putative class action against CVS Pharmacy Inc. for allegedly violating the Telephone Consumer Protection Act by notifying customers about the availability of flu shots via text messages, finding that the messages fell under the so-called “health care exemption.”

  • August 14, 2018

    Ex-NJ Prosecutor Sues Judge Over 'Condescending' Emails

    A New Jersey municipal judge facing ethics charges over “condescending” emails she sent to colleagues over scheduling issues in a drunk driving case has been hit with a lawsuit by a former municipal prosecutor who claims the jurist’s communications amounted to a hostile work environment.

  • August 14, 2018

    AIG Unit Clips Wig Co.'s Appeal Of Theft Coverage Loss

    A wholesale distributor of wigs and other beauty products cannot force an AIG insurer to cover its losses from the theft of a shipment of human hair weaves in 2014, a New Jersey appellate court affirmed on Tuesday, finding that the plain terms of the company’s policy preclude coverage.

  • August 14, 2018

    W.R. Grace Insurers May Be Directly Liable For Asbestos

    The Third Circuit on Tuesday partially revived the claims of victims of asbestos-related ailments against the insurers of bankrupt mining company W.R. Grace & Co., saying the insurers may bear direct liability for the asbestos exposure.

  • August 14, 2018

    Ex-NJ Police Chief Gets Probation Over No-Show Security Job

    A New Jersey federal judge on Tuesday spared a former police chief prison time for taking pay for off-duty security officer work he never performed in a public housing project, but sternly told him his actions weren't a mistake, as he had characterized them, but an intentional crime.

  • August 14, 2018

    Horticultural Biz Broke Preservation Rules, NJ Justices Say

    The New Jersey Supreme Court found Tuesday that a family-owned horticultural business violated the state’s Agriculture Retention and Development Act by removing premier soil on preserved farmland to build greenhouses, reversing a ruling that said further findings were needed to determine if the company ruined the land.

  • August 13, 2018

    David Boies On How Dyslexia Shaped His Practice

    One of the country’s highest-profile litigators, the Boies Schiller Flexner LLP chairman was diagnosed with dyslexia when he was in his 30s. In an interview with Law360, he talks about practicing law with the learning disability.

  • August 13, 2018

    BigLaw’s Mental Health Stigma Shows Signs Of Fading

    Sometimes viewed as an “invisible” disability, mental illness has long been forced under wraps because of the risk attorneys could face bias and stigma. Here’s how lawyers, law firms and other groups are starting to take on the status quo.

  • August 13, 2018

    States Push Back Against Dismissal Bids In Opioid MDL

    Dozens of states slammed a bid by drugmakers and distributor McKesson Corp. to dismiss claims that they fueled the opioid crisis, telling an Ohio federal judge who is overseeing the opioid multidistrict litigation that a state's ability to protect the health of its citizens must not be restricted.

  • August 13, 2018

    Suit Against Six Flags Over Receipts Kicked To State Court

    A New Jersey federal judge on Monday sent back to state court a putative class action against Six Flags Great Adventure LLC over claims the amusement park’s credit and debit card receipts exposed patrons to identity theft, saying the remand was required since the court did not have subject matter jurisdiction due to a customer’s lack of standing.

Expert Analysis

  • An Upgrade For Expert Evidence Standards In New Jersey

    James Beck

    In the Accutane litigation, the New Jersey Supreme Court just unanimously upgraded the state’s standards for admission of expert testimony. This decision may finally break the back of the long-running — and scientifically bogus — Accutane litigation that has plagued New Jersey courts, says James Beck of Reed Smith LLP.

  • Series

    Clerking For Ginsburg: My RBG Guide To Judging

    Goodwin Liu

    I clerked for Justice Ruth Bader Ginsburg before the days of RBG bobbleheads and “You Can’t Spell Truth Without Ruth” T-shirts. I had no idea I would become a judge, and I feel lucky every day that I had the chance to learn from her, says California Supreme Court Justice Goodwin Liu.

  • State Tax In The Aviation Industry — Midyear Update

    David Dorner

    In this article, David Dorner and Brent Beissel of Reed Smith LLP focus on some noteworthy sales and use tax law changes, cases, rulings and secondary legal guidance, as well as review a newly filed New Jersey corporate income tax case involving transfer pricing adjustments to the payments under an intercompany aircraft lease.

  • Series

    Clerking For Ginsburg: 4 Things I Learned

    Judge John Owens

    A lot has changed since I clerked for Justice Ruth Bader Ginsburg 20 years ago. At that time, I had hair and no wife. I also thought I knew everything — but working for the justice made me realize very quickly that I actually knew very little, says Ninth Circuit Judge John Owens.

  • Series

    Clerking For Ginsburg: The Equality Lessons

    Margo Schlanger

    In 1993, Ruth Bader Ginsburg was confirmed to the U.S. Supreme Court, and I began my two-year clerkship with her. In her first opinion as a justice, and in dozens since, Justice Ginsburg reminded us how the law needs to operate if equality is to be a reality, says Margo Schlanger, a professor at the University of Michigan Law School.

  • Federal Inaction And State Activity: Student Loan Edition

    David Gettings

    As a result of waning federal involvement, states have increased their roles in the regulation and litigation of private student loans, and servicers and lenders now confront an amorphous environment policed by a diverse cast. And with student loan defaults rising, state enforcement activities may not be the only increase in litigation the industry sees, say attorneys at Troutman Sanders LLP.

  • NJ Condo Associations' Right To Recover Attorneys' Fees

    David Byrne

    No matter how often New Jersey trial judges deny condo associations the right to recover reasonable attorneys' fees from delinquent units, the state appeals court will continue to reverse their decisions, says David Byrne of Ansell Grimm & Aaron PC.

  • New Cross-Claim Burdens For Asbestos Defendants In NJ

    Manuel Guevara

    In June, the New Jersey Appellate Division brought sweeping changes to the method by which asbestos defendants may prove cross-claims at trial. New limits on the use of prior testimony mean that defendants must now call live witnesses, and will lead to longer, more costly trials, say attorneys with Hawkins Parnell Thackston & Young LLP.

  • NJ's Budget Immediately Affects High Earners, Businesses

    Jeffrey Schechter

    Following a substantial tax hike related to the virtual elimination of the state tax deduction on the federal level, New Jersey taxpayers will need to immediately evaluate the impact of the new laws contained within the recently passed New Jersey budget since many have already taken effect. Some of the most adversely affected taxpayers will have a further incentive to move out of New Jersey, say Jeffrey Schechter and Reuben Muller of Cole Schotz PC.

  • Who Can Decide Whether 'Class Arbitration' Is Authorized?

    Gilbert Samberg

    In Lamps Plus v. Varela, the U.S. Supreme Court will decide next term whether an arbitration agreement that says nothing about class arbitration can be interpreted to constitute consent by the parties. But it's currently unclear if the Supreme Court will specify who can actually decide that question, says Gilbert Samberg of Mintz Levin Cohn Ferris Glovsky and Popeo PC.