New Jersey

  • September 18, 2017

    Duracell Can't Toss Case Over 'Gray Market' Batteries

    The U.S. Court of International Trade rejected Duracell's request to toss a "gray market" battery importer and distributor's challenge to a U.S. Customs and Border Protection restriction on the batteries’ U.S. entry, finding Friday that the court may hear the claims.

  • September 18, 2017

    Mary Kay Workers Say Exotic Dancer Ruling Revives Suit

    The leader of a proposed class of Mary Kay Inc. workers seeking to revive a lawsuit alleging the company forced beauty consultants to buy company merchandise as part of their employment has told the Third Circuit that its recent decision in a class action over underpayment at a New Jersey adult nightclub supports their claims.

  • September 15, 2017

    Fed. Circ. Affirms Toss Of Interactive Sports Patent Claims

    The Federal Circuit on Friday upheld a decision that dismissed patent claims and sent to New Jersey state court a dispute over interactive sports software that was invented by a memorabilia dealer who is in a separate legal battle with the New York Giants.

  • September 15, 2017

    SEC Settles With Day-Trade Schemer Over Thefts

    The U.S. Securities and Exchange Commission has reached a settlement with the owner of a day-trading website who pled guilty to a role in a $1.4 million customer theft scheme, the agency told a New Jersey federal judge on Friday, asking for approval of the deal.

  • September 15, 2017

    3rd Circ. Ends Union Pacific Employee's Pension Suit

    A split Third Circuit panel on Friday rejected a former Union Pacific employee's challenge to the calculation of his retirement payout, saying plan administrators should receive deference when interpreting ambiguous pension plan terms.

  • September 15, 2017

    Ill. Firm Wants Cut Of Suit It Didn't Work On, Ex-Client Says

    Patent law firm Niro Law Group LLC was sued in New York federal court Thursday by one of its former clients over claims the firm tried to collect a portion of a settlement the client reached in a separate suit that the firm had nothing to do with.

  • September 15, 2017

    Jury Awards $750K To NJ Man Injured By Tainted Beer

    A New Jersey jury awarded a former police lieutenant $750,000 in damages Friday for the injuries he suffered after he drank a beer from an Atlantic City casino restaurant’s tap system that contained residual corrosive cleaning solution.

  • September 15, 2017

    Ex-NJ Schools Chief Joins Porzio Bromberg As Of Counsel

    Porzio Bromberg & Newman PC has welcomed attorney David C. Hespe, New Jersey’s former education czar and onetime assistant attorney general, to the firm’s Morristown headquarters, where he’ll counsel public, private, charter school and university leaders on a wide range of legal matters, the firm announced Thursday.

  • September 15, 2017

    NJ Atty Gets Prison For Part In $873K Fake Mortgage Scheme

    A New Jersey attorney was sentenced to eight years in state prison Friday for her role in the filing of fraudulent mortgages worth $873,520 on two properties in order to pocket the proceeds from the loans, Attorney General Christopher S. Porrino announced.

  • September 15, 2017

    NJ Atty Disbarred After Stealing $1.1M From Clients

    An attorney who stole more than $1.1 million from his clients has been stripped of his license to practice law in New Jersey in the wake of the lawyer's related criminal convictions in New York state court, court documents state.

  • September 15, 2017

    Aerosoles Owner Seeks Ch. 11 For $72M Debt Rework, Sale

    Global footwear firm Aerogroup International Inc., maker of the well-known Aerosoles brand, sought Chapter 11 protection in Delaware early Friday, reporting plans to close most retail stores, restructure its $72 million debt and seek a buyer or new investor for the private equity-controlled business.

  • 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.

Expert Analysis

  • 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.

  • 3rd Circ. Introduces New Ascertainability Uncertainty

    Robert Hickok

    Though the recent opinion in City Select Auto Sales v. BMW Bank of North America did not make any sweeping changes to the Third Circuit’s ascertainability jurisprudence, it did alter the relevant analysis slightly — and that may prove an important development in the court that created the two-pronged ascertainability standard, say attorneys with Pepper Hamilton LLP.

  • Diversity In The Legal Profession — A Stubborn Vision

    Robert Grey

    At the Leadership Council on Legal Diversity, we want to see, as founding member and Microsoft chief legal officer Brad Smith once stated, “a legal profession as diverse as the nation we serve.” We are not there yet — far from it — but we are beginning to put some numbers on the board, says Robert Grey, president of the Leadership Council on Legal Diversity.

  • Opinion

    New Salary History Laws Crimp Attorney Hiring Process

    Fredric Newman

    In prohibiting employers from asking potential hires about their previous salaries, lawmakers seek to "level the playing field." But there are real problems with the practicality, legality and enforceability of many of the salary history laws, says Fredric Newman, a founding partner of Hoguet Newman Regal & Kenney LLP.

  • Challenging An Escheat Audit? Be Sure The Claim Is Ripe

    Anthony Cavender

    Many companies have questioned the constitutionality of Delaware’s escheat regime. But recently the Third Circuit largely affirmed the dismissal of a pipeline firm's complaint that a proposed escheat audit was unconstitutional. When such an audit is challenged before it takes place, precedent suggests that the claim is unripe, say Anthony Cavender and Amy Pierce of Pillsbury Winthrop Shaw Pittman LLP.