New Jersey

  • April 17, 2018

    Consumers, Wine Retailer Can't Get Pricing Row Deal OK'd

    A New Jersey federal judge on Tuesday refused to bless the proposed settlement of a putative class action accusing an online wine retailer of offering bogus discounts by inflating "original" sales prices, ruling that missing information, particularly hard numbers, impaired her ability to evaluate the fairness of the deal.

  • April 17, 2018

    Pfizer, Ranbaxy Look To Dump State Claims In Lipitor MDL

    Pfizer Inc. and generic-drug maker Ranbaxy Inc. asked a New Jersey federal court Monday to quash state law claims in multidistrict litigation from a group of Lipitor buyers that say the companies participated in an illegal pay-for-delay scheme to keep a generic version of the cholesterol drug out of the market.

  • April 17, 2018

    PetSmart Beats 3rd Circ. Appeal In Slip-And-Fall Suit

    The Third Circuit upheld a win for PetSmart in a woman's slip-and-fall case Tuesday, agreeing with a trial court’s decision to block the woman's expert witness from testifying after finding his purported expertise in retail safety lacking.

  • April 17, 2018

    Ex-ADP Employee Hit With Sanctions For Soliciting Clients

    A New Jersey federal judge on Tuesday found a onetime ADP LLC employee guilty of civil contempt for violating a court order barring him and another former company worker from soliciting the business' clients amid litigation alleging they violated noncompete agreements.

  • April 17, 2018

    Nestle Water Co. Must Face Gay Employee's Bias Suit

    A New Jersey federal judge on Monday denied a quick win to Nestle Waters North America on claims it fired a gay worker because he complained about harassment based on his sexuality, saying a jury should decide whether the worker was so badly bullied he can sue.

  • April 17, 2018

    Prof Sues NJ College Over Firing After Fox News Interview

    Essex County College in New Jersey has been slammed with a state court lawsuit by a onetime adjunct professor alleging she was fired last year in retaliation for her remarks on Fox News defending a Black Lives Matter group’s black-only Memorial Day party.

  • April 17, 2018

    Claims Against AXA Trumped By SLUSA, NJ Panel Says

    AXA Equitable Life Insurance Co. stayed clear of a putative class action Tuesday when the New Jersey Appellate Division affirmed that a lawsuit alleging the company's volatility-management policy skirted regulatory approval is precluded by a federal securities law barring claims based on misrepresentations.

  • April 17, 2018

    Ex-Ethics Judge Deserves Jail For $3M Fraud, 3rd Circ. Says

    The Third Circuit on Monday decided to leave in place a six-and-a-half-year prison sentence for a former Pennsylvania stockbroker who at one point sat on the state's Court of Judicial Discipline as a nonlawyer judge and who pled guilty to a $3 million fraud scheme.

  • April 17, 2018

    NJ Woman Sues Panera Over Contaminated Salad

    A woman who fell deathly ill after eating a Panera Bread Co. salad that was purportedly contaminated in the course of a multistate E. coli outbreak hit the fast-casual chain and its lettuce supplier, Freshway Foods Inc., with a product liability suit in New Jersey federal court Monday.

  • April 17, 2018

    NJ Atty Accused Of Misusing Client's $275K, Lying To Police

    A New Jersey real estate attorney has been charged with criminal offenses for allegedly using about $275,000 belonging to a client for his own purposes and providing false information to detectives to hinder the investigation, authorities said.

  • April 16, 2018

    Why BigLaw’s Partnerships Are Shrinking

    BigLaw’s brass ring has grown more elusive in recent years, Law360 data shows, and experts say a number of potentially market-changing forces may be at work.

  • April 16, 2018

    Dropping Ranks: Andrews Kurth’s Pre-Merger Dip

    Andrews Kurth Kenyon saw a more than 12 percent drop in headcount in the year before its February merger with Hunton & Williams — a story experts expect to become familiar for regional firms in Texas.

  • April 16, 2018

    Dropping Ranks: Lathrop’s Rough Patch

    Lathrop Gage lost more than 15 percent of its attorneys in 2017. Can a new managing partner help bolster its headcount?

  • April 16, 2018

    Dropping Ranks: Stroock’s ‘Shrink To Grow’ Strategy

    De-equitized partners. Contracting offices. Declining headcount. The leaders of Stroock & Stroock & Lavan say it’s all part of the plan — a plan that’s already paying dividends.

  • April 16, 2018

    NJ High Court Urged To Consolidate J&J Hernia Mesh Suits

    Dozens of consumers have urged the New Jersey Supreme Court to consolidate state lawsuits alleging Johnson & Johnson’s multilayered hernia mesh products were defective and caused serious injuries, saying the common issues and the large number of parties warranted such centralized management.

  • April 16, 2018

    NJ Courtroom's Layout Row Is Unsettled Matter, Court Says

    The awkward layout of a New Jersey courtroom has constitutional implications worthy of examination by not only the Public Defender’s Office and county officials, but even a court-appointed special master, an appellate panel ruled Monday.

  • April 16, 2018

    'Aggrieved Consumer' Must Have Suffered Harm: NJ Justices

    The New Jersey Supreme Court ruled Monday that sales agreements that included illegal terms may be rendered unenforceable under the state’s Truth in Consumer Contracts, Warranties and Notices Act, but consumers must prove they were actually harmed to collect a monetary payout under the law.

  • April 16, 2018

    Retired NJ Justice Named To Criminal Justice Commission

    A former New Jersey Supreme Court chief justice was appointed to examine race bias in the state’s criminal justice system and three state court judges were reappointed to the bench as part of a slew of nominations and appointments Gov. Phil Murphy announced Monday.

  • April 16, 2018

    NJ Appellate Court Upholds Therapist's Win In Med Mal Case

    A New Jersey appellate court has affirmed a jury’s finding that a physical therapist was not to blame for problems a woman experienced after shoulder surgery, ruling the trial court acted properly in allowing the defendant to testify as an expert in the medical malpractice case.

  • April 16, 2018

    Firm Can't Shake Ex-Associate's Bias Suit Over Samurai Pic

    Cronin Law Firm LLC must face a lawsuit alleging it discriminated against a former associate because of his Asian race after a New Jersey federal judge on Friday said the lawyer sufficiently pled claims related to derogatory text messages among firm employees, including one bearing the image of a samurai.

Expert Analysis

  • NJ Arbitration Ruling Puts Burden On Employers

    Joshua Bauchner

    It has become customary for employers to provide notice or copies of an arbitration agreement to employees via email or an online portal without documenting whether the employees actually reviewed the notice. A New Jersey federal judge's ruling in Schmell v. Morgan Stanley will have far-reaching impact on the enforceability of such agreements, say Joshua Bauchner and Michael Ansell of Ansell Grimm & Aaron PC.

  • J&J Case Raises Estoppel Issue For Successful IPR Litigants

    Roshan Shrestha

    In a case of first impression that may have significant, unforeseen consequences, a division of Johnson & Johnson is seeking to prevent accused infringers from asserting at trial the arguments that were successful in an inter partes review proceeding. The New Jersey federal court should deny the motion, say Roshan Shrestha and Stephen Auten of Taft Stettinius & Hollister LLP.

  • Why High Court Ruling Matters For Compact Clause Entities

    Matthew Tripolitsiotis

    The U.S. Supreme Court recently held that the United States could maintain a suit to enforce terms of an interstate compact — even where it was not a signatory of the compact. This decision offers clues about how the high court might deal with issues of compact construction that have gone unresolved for some time, says Matthew Tripolitsiotis of Boies Schiller Flexner LLP.

  • 'Malpractice' By A Computerized Decision-Support Tool?

    Charles Weiss

    Skounakis v. Sotillo, a case recently decided by the New Jersey Appellate Division, illustrates circumstances in which tort claims are brought against the supplier of a clinical computerized decision-support tool, and some of the issues that can arise in this type of case, says Charles Weiss of Holland & Knight LLP.

  • Opinion

    Rum, Cannabis And The 4th Amendment: A History Lesson

    Collin Wedel

    U.S. Attorney General Jeff Sessions recently made his first move against legal marijuana by reversing the U.S. Justice Department’s policy of not enforcing federal cannabis laws in states that had legalized it. Sessions might be wise to study how a crackdown on contraband rum helped incite the American Revolution and influenced the U.S. Constitution, says Collin Wedel of Sidley Austin LLP.

  • NJ Equal Pay Bill Would Provide New Employee Protections

    Thomas Linthorst

    Last week the New Jersey Legislature passed the Diane B. Allen Equal Pay Act, which amends the New Jersey Law Against Discrimination. While the proposed law has been touted primarily as a gender pay equity legislation, its reach is much broader, say attorneys with Morgan Lewis & Bockius LLP.

  • Single Factor Income Apportionment: Inconsistent Standard

    Glenn Newman

    A majority of states claim that in-state sales are sufficient nexus to collect corporate income tax from businesses physically located across state lines, but income apportionment methods are inconsistent. Companies need to be prepared for the day one state seeks to collect a share of income tax that's already been paid to another, says Glenn Newman of Greenberg Traurig LLP.

  • Opinion

    BigLaw Doesn't Have A Diversity Problem

    Marlen Whitley

    Although the lack of racial and gender diversity among the ranks of the majority of both midsized and top law firms is a major issue, it’s past time to shed light on the real problem — inclusion, or lack thereof, says Marlen Whitley of Reed Smith LLP.

  • The Importance Of Attorney Etiquette In The Courtroom

    Christina Marinakis

    It’s difficult to say whether an attorney’s social etiquette has any impact on the verdict outcome, but the fact that jurors continually tell us about counsel’s irksome behaviors suggests that, at the very least, these behaviors distract jurors from the issues on which they should be concentrating, says Christina Marinakis, director of jury research at Litigation Insights.

  • Opinion

    Roman J. Israel, Esquire, Meet Donald J. Trump, POTUS

    Kevin Curnin

    Despite the Trump administration's desire to shut down the Legal Services Corp., thankfully the budget that Congress passed and the president signed into law last week has restored $410 million of funding to the legal aid organization. An unlikely brief for preserving LSC may be found in the quirky Denzel Washington film "Roman J. Israel, Esq.," says Kevin Curnin, immediate past president of the Association of Pro Bono Counsel.