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New Jersey

  • July 11, 2018

    Widow's Plane Crash Suit Not Preempted, 3rd Circ. Hears

    A widow who sued an Avco Corp. unit over her pilot husband’s fatal plane crash urged the Third Circuit on Wednesday to undo a district judge’s finding that her claims were preempted by federal law, arguing the judge had used a “sweeping rule” that would effectively extinguish all state-law aviation defect claims.

  • July 11, 2018

    Doc's Care Fell Short But Didn't Lead To Infection, Court Says

    A New Jersey appeals court Wednesday affirmed a jury verdict finding that even though a doctor provided substandard care in treating a patient's knee, that wasn't the reason his leg got badly infected and almost amputated, rejecting the patient's arguments that the verdict made no sense and that jury instructions were deficient.

  • July 11, 2018

    Pipelines Come Out On Top With Nixing Of FERC Bias Claim

    The D.C. Circuit endorsed the status quo at the Federal Energy Regulatory Commission when it rejected arguments the agency's process favored industry groups at the expense of the environment, a decision that experts say preserves obstacles for groups that challenge pipeline projects.

  • July 11, 2018

    3rd Circ. Backs Atty’s Conviction Over Fake Insurance Sales

    A Third Circuit panel on Tuesday upheld a former Pennsylvania attorney’s conviction for misrepresenting herself as an authorized agent of a Texas-based title insurance company and selling clients invalid policies.

  • July 11, 2018

    Avaya Seeks Dismissal Of $23.5M In Charter Ch. 11 Claims

    Avaya Inc. on Tuesday asked a New York bankruptcy court to deny a $23.5 million claim stemming from a long-standing contract dispute with Charter Communications, saying a New Jersey court has ruled in its favor at the same time the latter asked for spoliation sanctions in the case.

  • July 11, 2018

    Kennedy's Legacy Remains Alive In Kavanaugh’s Nomination

    Over his four decades on the federal bench, there was one clerk U.S. Supreme Court Justice Anthony Kennedy always praised effusively. Now, that clerk could be replacing the retiring justice on the high court.

  • July 11, 2018

    3rd Circ. Says TSA Screeners Immune To Flyer Abuse Claims

    A divided Third Circuit on Wednesday affirmed a lower court's decision that Transportation Security Administration airport screeners are immune to civil suits over alleged traveler abuse, saying an exception to sovereign immunity doesn’t apply since the federal workers aren’t considered law enforcement officers.

  • July 11, 2018

    Senate Panel Gearing Up For Kavanaugh Vetting Fight

    The Senate Judiciary Committee has already begun what will be a lot of heavy lifting to get ready for a confirmation hearing on U.S. Supreme Court nominee Brett Kavanaugh, which could come before September, by staffing up and preparing to review hundreds of thousands of documents.

  • July 11, 2018

    Phony Atty Gets 12 Years Following Fraud Conviction

    A real federal judge sentenced a phony attorney to a dozen years in prison on Wednesday in Pennsylvania for running a fraudulent law practice out of his New Jersey home that duped more than a hundred victims into paying for his services over the course of more than a decade.

  • July 11, 2018

    What Civil Rights Rulings Could Look Like Under Kavanaugh

    U.S. Supreme Court nominee Brett Kavanaugh's record on immigration, employee rights and health care suggests he could side more closely with high court conservatives than civil rights advocates would like, paving the way for closely watched rulings on some of the nation's most controversial issues.

  • July 11, 2018

    Insurer Needn't Cover Crushed Rock Cleanup, Court Says

    A Texas federal judge Tuesday found Great American Insurance Co. does not have to pay to remove crushed rock accidentally dumped in a stream from a New Jersey quarry, saying the rock does not escape the policy's pollution exclusion by being useful and nontoxic.

  • July 11, 2018

    Chiesa Shahinian Adds Ex-Day Pitney White Collar Atty In NJ

    A former New Jersey federal prosecutor and recent Day Pitney LLP lawyer has joined Chiesa Shahinian & Giantomasi PC as a member in its white collar criminal defense and government investigations group, the firm has announced.

  • July 11, 2018

    NJ Court OKs 'Common Sense' Testimony In Pig Roaster Row

    The New Jersey Appellate Division on Wednesday declined to disturb a jury verdict in favor of a cookware maker sued over a child's injuries from a pig roasting machine's ashes, finding that it was acceptable for an engineering expert's testimony to include opinions on the "common sense" use of the pig roaster.

  • July 11, 2018

    NJ Appeals Court Revives Suit Over Car Dealer Ownership

    A New Jersey appeals court found Wednesday that a trial court should not have dismissed a man’s lawsuit asserting he is entitled to a 50 percent stake in a car dealership, saying the court improperly viewed his claims about a verbal agreement in a light more favorable to the dealership owner.

  • July 11, 2018

    Attys Beat Malpractice Action Over Prudential Litigation

    A New Jersey state appeals court refused Wednesday to revive a proposed class action accusing two lawyers and their respective firms of deducting improper costs from settlement proceeds in litigation against Prudential Financial Inc., saying a trial court properly tossed the case because their former clients did not produce discovery.

  • July 11, 2018

    Colony Buys 1.1M-Square-Foot Industrial Portfolio

    Colony Capital Inc.'s light industrial arm, Colony Industrial, has acquired a 1.1 million-square-foot portfolio of properties located in New Jersey, Texas and beyond, according to an announcement on Wednesday from Colony.

  • July 10, 2018

    'Not A Complicated Case': Kavanaugh's Straightforward Style

    There's no argle-bargle in Judge Brett Kavanaugh's opinions. Instead, he's made a name for himself on the D.C. Circuit with clear, concise writing.

  • July 10, 2018

    Dems Need Unified Front To Combat Trump's High Court Pick

    U.S. Senate Democrats have launched their drive to block President Donald Trump's choice of D.C. Circuit Judge Brett Kavanaugh for the U.S. Supreme Court, but the math indicates they must make sure their party ranks hold together.

  • July 10, 2018

    5 Tips For Kavanaugh As Confirmation Gets Underway

    D.C. Circuit Judge Brett Kavanaugh, President Donald Trump's nominee to replace retiring Justice Anthony Kennedy on the U.S. Supreme Court, has publicly shared his view that being a judge means following the law — not making it — being impartial and not acting like a jerk. Here, experts share with Law360 five tips for how he can adhere to that philosophy while navigating confirmation hearings.

  • July 10, 2018

    Pa. Owed Atty Fees For Halting Hospital Merger, 3rd Circ. Told

    The Commonwealth of Pennsylvania told the Third Circuit on Tuesday that it should get $1.2 million in attorneys' fees for its successful attempt to block a hospital merger it alleged would harm competition in the region, arguing the award was warranted because it was the prevailing party in the action.

Expert Analysis

  • Opinion

    A Trump Supreme Court Nominee Can Be Defeated

    Nan Aron

    The Senate Republican leadership and the Trump administration are racing to fill Justice Anthony Kennedy’s spot on the U.S. Supreme Court. Does opposition to their plans have any chance of success? My answer is yes, because the stakes are so high, people are so engaged, and the records of those short-listed are so deeply troubling, says Nan Aron, president of Alliance for Justice.

  • New Stats On Millennial Attorney Disciplinary Actions

    Jean Edwards

    In this analysis of disciplinary action trends in the legal industry, Edwards Neils LLC managing member Jean Edwards examines data provided by bar organizations for 17 states and the District of Columbia.

  • A Midyear Review Of State Attorney General Enforcement

    Joe Jacquot

    While appealing to voters this election season, attorney general candidates will inevitably target industries with promises of using their state enforcement powers. AGs are also increasingly defining themselves publicly by reacting to the federal government, whether by filing a lawsuit against the president or opposing congressional acts, says Joe Jacquot of Foley & Lardner LLP.

  • What High Court Review Of Fosamax Means For Preemption

    Max Kennerly

    With the U.S. Supreme Court's grant of certiorari in Fosamax, drug companies may be hoping the court throws out the preemption precedent established by Wyeth v. Levine. But unless multiple justices reverse course and adopt positions contrary to their prior opinions, there simply is no path to victory for drug companies, says Max Kennerly of Kennerly Loutey LLC.

  • Series

    From Lawmaker To Lawyer: Prioritizing Is Always Key

    Joe Lieberman

    Today, members of Congress often seem able to blame colleagues of the other party for not getting anything done for their constituents. In law practice, you can’t really blame a bad result for your clients on the lawyers on the other side, says former Sen. Joe Lieberman, D-Conn., of Kasowitz Benson Torres LLP.

  • The E-Sign Act: 18 Years And All Grown Up

    August Heckman

    As the Electronic Signatures in Global and National Commerce Act — signed by President Bill Clinton on June 30, 2000 — reaches the age of maturity after being tested in the courts, and as more employers adopt or broaden their use of electronic signatures, now is a good time to review the basic requirements and lessons learned from the developing case law, says August Heckman of Morgan Lewis & Bockius LLP.

  • Series

    From Lawmaker To Lawyer: How Congress Affected My Career

    Yvonne B. Burke

    Being a former member of Congress put me in an advantageous position when I approached law firms in the late '70s, at a time when there were few female lawyers, and even fewer African-American lawyers, in major law firms, says former Rep. Yvonne B. Burke, D-Calif., a director of Amtrak.

  • Series

    From Lawmaker To Lawyer: DC Isn't As Bad As You Think

    Norm Coleman

    Popular culture paints the Hill as a place teeming with intrigue, corruption and malicious intent. But in Congress I learned important lessons about respecting people and the work they do, says former Sen. Norm Coleman, R-Minn., of Hogan Lovells.

  • Series

    From Lawmaker To Lawyer: 6 Things I Learned In Congress

    Charles Gonzalez

    I found that senior members of Congress didn’t have time to mentor younger members. Lawyers — though just as busy as members of Congress — cannot afford to follow this model, says former Rep. Charles Gonzalez, D-Texas, of Ogletree Deakins Nash Smoak & Stewart PC.

  • The Where, When And What Of DTSA Appeals: Part 1

    Gregory Lantier

    There has been virtually no appellate guidance on the meaning and scope of the Defend Trade Secrets Act in the two years since it was enacted. Only four appellate panels have addressed the law, say Gregory Lantier and Thomas Sprankling of WilmerHale.