New Jersey

  • February 15, 2017

    NJ Justices To Review Time Limits In Defamation Claim

    The New Jersey Supreme Court has agreed to review a ruling that a company’s defamation lawsuit against an online publisher was filed too late because the limitations period began running when the at-issue article was first published, not when it was modified.

  • February 15, 2017

    Med-Mal Jury Charge Didn't Force Verdict, NJ Panel Says

    The New Jersey Appellate Division on Wednesday refused to revive a medical malpractice lawsuit that resulted in a trial verdict favoring the defendant doctors, ruling that the jury had not been forced render an expeditious verdict after the court’s confusion over proper instructions.

  • February 15, 2017

    No Need For More Discovery In Med-Mal Row, NJ Panel Says

    The New Jersey Appellate Division on Wednesday declined to revive a medical malpractice lawsuit against Somerset County Medical Center and two of its doctors, ruling that a lower court properly refused to grant the plaintiff a third discovery extension.

  • February 15, 2017

    CUNY Athletics Official Charged With Embezzling $600K

    A former City University of New York basketball coach and athletics official was charged on Tuesday in New York federal court with pocketing $600,000 in gym rental fees intended for Baruch College, a school still shaken by an NCAA violations scandal.

  • February 15, 2017

    Insurer Enters Electrolux Igniting Dishwasher Fracas

    A Pennsylvania insurer hit Electrolux Home Products Inc. with a suit in New Jersey federal court Tuesday, alleging a faulty wiring issue with the company's dishwashers that is at the center of eight proposed class actions is also to blame for a fire that erupted at a policyholder’s home.

  • February 15, 2017

    NJ Ordered To Defend Atlantic City Layoffs, Contract Changes

    A New Jersey state judge has ordered state officials to appear in court later this month in a lawsuit brought against them by the union representing Atlantic City firefighters and address whether the officials should be restrained from laying off firefighters and implementing changes to their contract.

  • February 15, 2017

    Latham Guides Integra In $1B Offer For J&J Neurosurgery Unit

    Integra LifeSciences Holdings Corp. said Wednesday that it has made a binding offer to purchase medical device maker Codman Neurosurgery from Johnson & Johnson for $1.05 billion in cash, led by Latham & Watkins LLP, as the company looks to accelerate its international expansion.

  • February 14, 2017

    NJ Condo Owners Lose Bid To Admit Kushner Dad's Jail Stint

    A New Jersey state judge on Tuesday shot down a bid by five condominium owners suing the real estate firm formerly run by President Donald Trump's son-in-law, Jared Kushner, to elicit trial testimony about Kushner's father being incarcerated, saying the conviction is irrelevant to the case and would prejudice jurors against the defendants.

  • February 14, 2017

    3rd Circ. Denies Mandamus Bid In Tax Appeal

    The Third Circuit on Monday rejected a New Jersey banker’s petition for a writ of mandamus to invalidate a tax deficiency, rejecting her claim that she has “nowhere else to go” for relief from an adverse Tax Court decision, since she has a right to direct appeal.

  • February 14, 2017

    NJ Road Agency Can't Get Property Exemption For Cell Tower

    The New Jersey agency responsible for two of the busiest toll roads in the U.S. has lost its bid for a tax exemption on a property with a cellular communication tower when a judge ruled that there wasn’t enough evidence showing that the lease of the tower is connected to essential government functions.

  • February 14, 2017

    Coin.mx Prosecutors Press Fight Over Surprise Trial Witness

    Federal prosecutors seeking to convict New Jersey pastor Trevon Gross and ex-bitcoin exchange operator Yuri Lebedev for bribery and fraud doubled down Tuesday on their assertion that the pastor's Krovatin Klingeman LLC counsel should have been disqualified on the scheduled first day of trial for a conflict with a surprise witness.

  • February 14, 2017

    Broker Gets 6.5 Years In Prison For $5M Tech Startup Scheme

    A New Jersey federal judge on Tuesday handed down a six-and-a-half-year prison sentence to an unregistered broker for his role in a scheme to pocket more than $5 million in investor cash raised for stock in a technology startup.

  • February 14, 2017

    NJ Sens. Fail To Override Veto Over Icahn's Casino License

    The New Jersey State Senate on Monday failed to garner enough votes to override Gov. Chris Christie's veto of legislation that would have stripped billionaire Carl Icahn of his license to operate the defunct Trump Taj Mahal hotel and casino.

  • February 14, 2017

    Lumineers Settle With Ex-Bandmate Over Song Copyrights

    The Lumineers have settled a former bandmate’s suit that accused its founding members of forcing him out of the folk rock band and filing fraudulent patent and trademark applications to conceal his financial interest and creative contributions, a New Jersey federal court said Tuesday.

  • February 14, 2017

    NJ Pushes Bill To Bar Port Authority From Aiding Travel Ban

    New Jersey state legislators moved ahead Monday with a bill that would bar the Port Authority of New York and New Jersey from using any of its resources to implement President Donald J. Trump's executive order that called for a travel ban from seven predominantly Muslim countries.

  • February 14, 2017

    Pa. DEP Advances Sunoco, PennEast Natural Gas Pipelines

    Pennsylvania's Department of Environmental Protection has advanced two controversial natural gas pipeline projects, issuing permits for Sunoco Logistics' Mariner East 2 pipeline crossing much of the state on Monday and to the PennEast pipeline connecting Pennsylvania and New Jersey on Friday.

  • February 13, 2017

    Feds Urge High Court To Reject Menendez's Petition

    The government urged the U.S. Supreme Court on Monday to reject a bid by Sen. Bob Menendez, D-N.J., to get the justices to review his bid to ditch corruption charges, saying it was clear the legislator’s attempts to influence executive departments weren’t protected by law.

  • February 13, 2017

    NJ Homeowners Seek Testimony On Kushner Dad's Jail Stint

    Counsel for condominium owners suing the real estate firm formerly run by President Donald Trump's son-in-law, Jared Kushner, urged a New Jersey state judge Monday to permit trial testimony about Kushner's father being incarcerated, a few days after such testimony prompted a series of events leading to a mistrial.

  • February 13, 2017

    NJ Whistleblower Denied Shares Of States' FCA Settlements

    A New Jersey federal judge has rejected a whistleblower's bid for shares of two settlements that pharmaceutical wholesaler McKesson Corp. reached with Virginia and Wisconsin before his related False Claims Act suit was tossed, saying the Third Circuit affirmed that dismissal and those deals were struck in other courts.

  • February 13, 2017

    NJ Panel Says Loan Row Is Too Small To Arbitrate

    The New Jersey Appellate Division on Monday revived a putative class action challenging a lender’s high interest rate that was sent to arbitration, finding that the bank's own loan agreement terms allow claims of less than $2,500 to be litigated in court.

Expert Analysis

  • Opinion

    The Myth Of The Forceful Mediator

    Jeff Kichaven

    When mediators rely on force to get cases settled, it doesn’t work. It’s time to suggest more productive ways for top-gun litigators and top-flight mediators to engage, says Jeff Kichaven of Jeff Kichaven Commercial Mediation.

  • Opinion

    Love And Law In The Age Of Trump

    Kevin Curnin

    Love is not a subject that lawyers typically devote themselves to professionally. But as we witness this historic transition to a new administration, lawyers in particular are reminded that love is tied, however imperfectly, to our cherished founding ideals, says Kevin Curnin, president of the Association of Pro Bono Counsel.

  • The State Of The Litigation Finance Industry In 2017

    Christopher P. Bogart

    In the United States, the number of lawyers whose firms have used litigation finance has quadrupled since 2013. Even so, too many remain poorly informed, leaving them at a competitive disadvantage and prone to oddly persistent “alternative facts” about litigation finance, says Christopher Bogart, CEO of Burford Capital.

  • 11th Circ. Ruling May Affect Criminal Securities Fraud Cases

    David M. Chaiken

    The Eleventh Circuit's recent decision in U.S. v. Stein could hinder efforts to limit loss estimates in fraud-on-the-market criminal securities fraud cases. The case cemented a firm 5-3 majority circuit split that will undoubtedly weigh heavily on judges who will be confronted with this issue in the four circuits that have yet to address it, say attorneys with Troutman Sanders LLP.

  • 6 Ways To Get More From A Limited Budget For Trial Graphics

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    With so many possibilities and variables, it can be difficult to adhere to a strict graphics budget when preparing effective visuals for trial. There are several things you can do to limit the cost of your visuals without sacrificing quality, says Marti Martin Robinson of Litigation Insights Inc.

  • When Pervasive Foul Odors Constitute Property Damage

    Costantino P. Suriano

    To date, no reported New York decision has held that permeating odors constitute property damage. Looking at out-of-state decisions, however, sheds light on the question of when a commercial general liability insurer is liable for its insured's breach of contract if tenants move out due to foul odors, say Costantino Suriano and Daniel Markewich of Mound Cotton Wollan & Greengrass LLP.

  • Rebuttal

    Availability Rule's Death Has Been Greatly Exaggerated

    Jacob M. Mihm

    Many jurisdictions have adopted the "all sums" methodology for long-tail insurance claims, but there is no basis to abandon the availability rule. Failing to account for the availability of insurance would violate the doctrine of contra proferentem, says Jacob Mihm of Hoke LLC.

  • New Jersey’s TCCWNA: New Year, Same Uncertainty

    Jeffrey Jacobson

    Online retailers concerned about lawsuits under New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act had hoped to end 2016 with some clarity about its application in recent class action complaints. But motions to dismiss those cases may remain mostly undecided until the New Jersey Supreme Court and Third Circuit issue rulings later in 2017, says Jeffrey Jacobson of Kelley Drye & Warren LLP.

  • Analyzing The Legality Of Proposed Sanctuary City Measures

    Leon Fresco

    The 115th Congress began by introducing bills aimed at defunding sanctuary cities in both the Senate and House, efforts consistent with President Donald Trump’s recent executive order, which aims to cancel federal funding to sanctuary cities. However, such action is likely to lead to a showdown in Congress and in the federal courts over a variety of constitutional, federal and administrative legal issues, say attorneys at Holland & Knight LLP.

  • And Now A Word From The Panel: A Year Of Vanishing MDLs

    Alan Rothman

    2016 was a notable year for the Judicial Panel for Multidistrict Litigation: It created only 26 new MDL proceedings, a low-water mark for new MDL proceedings not seen in almost a quarter of a century. In this installment of his bimonthly series on the panel, Alan Rothman of Arnold & Porter Kaye Scholer LLP looks at the panel’s activity over the past year.