New Jersey

  • February 10, 2017

    New Crime-Of-Violence Deportation Case Hits Supreme Court

    The U.S. Supreme Court should take up a Third Circuit ruling that a federal statute defining a “crime of violence” is unconstitutionally vague, but delay review until the justices decide another deportation case examining the same question, the federal government has said.

  • February 10, 2017

    NJ Biz Barred From State Contracts Over Political Donation

    A New Jersey state appeals court on Thursday upheld agency decisions rescinding about $7 million in two contracts to a paving business and disqualifying the company from any state contract through the remainder of Gov. Chris Christie's second term because of its $500 contribution to a county political committee.

  • February 10, 2017

    NJ Slaps Hilton Hotel With Gender Pay Suit

    The operator of a New Jersey Hilton hotel was slapped Friday with a complaint alleging it paid female workers less than their male counterparts and fired a housekeeper after she complained about the discrepancy, in violation of the state’s discrimination and reprisal laws.

  • February 10, 2017

    Taxation With Representation: Vinson, Bracewell, Debevoise

    In this week’s Taxation With Representation, Parsley Energy in Texas makes its biggest expansion to date with the acquisition of $2.8 billion of oil and gas assets, private equity shop Clayton Dubilier & Rice enters into a $2.3 billion sale of Mauser Group, and CyrusOne Inc. acquires two data centers for $490 million.

  • February 9, 2017

    Trump Barry's Hiatus Shields 3rd Circ. From Family Spotlight

    Senior Judge Maryanne Trump Barry's indefinite hiatus from the Third Circuit following her younger brother Donald Trump's inauguration as president is being hailed by court watchers and former clerks as a prudent move, in line with her penchant for privacy and respect for the judiciary, to shield the court from controversy over her family ties.

  • February 9, 2017

    NFL Fan Urges 3rd Circ. To Revive Super Bowl Ticket Suit

    An angry NFL fan told the Third Circuit this week a federal judge again wrongly dismissed his proposed class action alleging the NFL inflated secondary market prices for tickets to the 2014 Super Bowl by not offering enough tickets for sale to the general public, arguing that the new allegations include expert opinion necessary for a plausible claim.

  • February 9, 2017

    NJ, Atlantic City Fire Union Battle Over Case Jurisdiction

    Officials in New Jersey have called on a federal court there to retain control over a lawsuit brought against them by the union representing Atlantic City firefighters over proposed layoffs and contract changes, but the union said the action should be remanded to New Jersey state court.

  • February 9, 2017

    3rd Circ. Revives Claims In Truck Transmission Antitrust Row

    The Third Circuit vacated part of a Delaware federal court ruling in an antitrust suit against transmission supplier Eaton Corp. and heavy truck manufacturers, finding Thursday that the lower court erred when it dismissed individual antitrust claims brought by the end purchasers of the trucks.

  • February 9, 2017

    Santander Workers Urge Judge To Revisit Arbitration Order

    The mortgage loan officers who filed a wage lawsuit against Banco Santander SA urged a New Jersey federal judge on Thursday to revisit her earlier order compelling arbitration, reiterating their stance that the company’s employment agreement terms were too ambiguous to enforce.

  • February 9, 2017

    'Housewives' Star's Ex-Atty Looks To Ax Bankruptcy Deal

    A former bankruptcy attorney for a onetime incarcerated star of “The Real Housewives of New Jersey” on Wednesday urged a New Jersey federal court to toss a ruling allowing her to pursue a malpractice action against him in New Jersey state court, saying the matter belongs in federal court.

  • February 8, 2017

    Mistrial In Kushner Suit After Judge Accused Of Taking Sides

    A New Jersey state judge declared a mistrial Wednesday in a lawsuit brought by homeowners against the real estate firm formerly run by President Donald Trump's son-in-law, Jared Kushner, after the judge slapped down testimony about Kushner's father going to prison and the buyers' attorney accused the jurist of running an unbalanced trial.

  • February 8, 2017

    Forever 21 Suit Stayed Until 3rd Circ. Weighs In On Spokeo

    A New Jersey federal judge on Wednesday paused a woman's proposed class action accusing Forever 21 Inc. of violating state law by imposing overly strict terms and conditions on consumer purchases, in light of pending interpretation by the Third Circuit of the U.S. Supreme Court's landmark Spokeo ruling.

  • February 8, 2017

    Penn National Sued In NJ Over Wrongful Death Suit Coverage

    Mid-Continent Casualty Insurance Co. has slapped Penn National Insurance Co. with a complaint alleging Penn National reneged on its agreement to evenly split the cost of defending a New Jersey county in a lawsuit by the estate of a construction worker who died on the job.

  • February 8, 2017

    NJ College Improperly Fired Prof Without Notice, Panel Says

    The New Jersey Appellate Division ruled Tuesday that Kean University violated the state’s open public meetings law by firing a teacher without giving her the chance to waive her right to have her employment discussed at the college board’s regular business meeting.

  • February 8, 2017

    Trump Could Determine Future Of Sports Betting

    Forces are coming together for a showdown over the U.S.'s anti-sports-betting policies after the U.S. Supreme Court made a surprise choice last month not to immediately deny New Jersey's challenge to a federal ban on sports betting, instead inviting President Donald Trump's administration to weigh in on the controversial issue.

  • February 8, 2017

    VW Customers Fight Arbitration Bid In Engine Defect Suit

    Volkswagen owners suing the company and Audi for allegedly hiding knowledge of an engine defect for six years on Tuesday defended their potential class action’s place in New Jersey federal court, arguing arbitration agreements were only between dealerships and customers, not manufacturers.

  • February 8, 2017

    Scarinci Hollenbeck Nabs Ex-Judge For Arbitration Group

    Scarinci Hollenbeck has welcomed a retired New Jersey Superior Court judge as of counsel in its alternative dispute resolution practice group in Red Bank, New Jersey, where he will handle mediation and arbitration, the firm announced on Wednesday.

  • February 7, 2017

    FTC's Smart-TV Privacy Settlement Unlikely To See An Encore

    In coming down on smart-TV maker Vizio for tracking users' viewing habits without their consent, the Federal Trade Commission adopted broader definitions of "sensitive" information and consumer harm. But experts say not to expect a trend there, given the acting chairwoman's reservations about the settlement.

  • February 7, 2017

    Avis’ Car Rental Text Messages Flout TCPA, Suit Says

    A New York resident has slapped car rental company Avis with a proposed nationwide class action in New Jersey federal court claiming it violated the Telephone Consumer Protection Act by sending consumers unauthorized text messages via an automatic dialing system.

  • February 7, 2017

    3rd Circ. Mulls Computergate Staffer's Unlawful Seizure

    A Third Circuit panel on Tuesday questioned a district judge’s decision to allow a former staffer in the Pennsylvania legislature to move forward with claims that he was maliciously prosecuted by ex-Gov. Tom Corbett during the state’s so-called Computergate scandal over the use of taxpayer money to purchase campaign-related technology.

Expert Analysis

  • Life Settlements Industry: 2016 In Review

    Brian T. Casey

    Last year saw several large portfolio trades in the tertiary life settlements market, and the industry faced cost of insurance increases by several major companies. Brian Casey and Thomas Sherman of Locke Lord LLP discuss 2016's most important life settlements court cases from all around the country.

  • ConAgra Opinion May Repair Ascertainability Circuit Split

    Fred Taylor Isquith

    In its systematic, careful and Rule 23-specific opinion in Briseno v. ConAgra, the Ninth Circuit found a way to eviscerate the Third Circuit’s views on “ascertainability.” This important opinion may not end the debate, but it may engender new thinking from the Third and Fourth Circuits, says Fred Taylor Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • How Litigation Funding Is Bringing Champerty Back To Life

    John H. Beisner

    While some courts have declined to apply the common-law doctrine of champerty to invalidate third-party litigation funding agreements, two recent rulings by appellate courts in New York and Pennsylvania have brought renewed attention to champerty principles, casting doubts on the legality of certain forms of third-party litigation funding, say John Beisner and Jordan Schwartz of Skadden Arps Slate Meagher & Flom LLP.

  • Attracting And Retaining The Millennial Lawyer

    Christopher Imperiale

    Instead of trying to change the new workforce to follow a law firm's existing processes and procedures, perhaps it's time for firms to start changing their processes and procedures to better accommodate the mentality of this next generation of lawyers, says Christopher Imperiale, a law firm adviser with Berdon LLP.

  • Trump's EPA: Be Careful What You Wish For

    Mitchell J. Klein

    Trying to prognosticate what President-elect Donald Trump will do is very difficult. But assuming he does seek to implement change at the U.S. Environmental Protection Agency, if it's perceived as backing off of environmental enforcement, private parties will step in and cases will likely be even more expensive, more problematic and more unreasonable than those brought by the EPA and the states, says Mitchell Klein of Snell & Wilmer LLP.

  • Talking 'Bull': Episode 11, Teacher’s Pet

    Roy Futterman

    In this weekly column, real-life New York City jury consultant and psychologist Roy Futterman parses fact from fiction in "Bull," the new TV series airing on CBS about a fictional NYC jury consultant/psychologist. Spoiler alert ...

  • It’s Time To Change The Law Firm Business Model

    Lucia Chiocchio

    Every year, statistics reveal very little change in the number of women and minorities in the ranks of partnership. So how do law firms change this painfully slow rate of progress? It takes more than adding a diversity policy or a women’s leadership program to the current law firm business model, says Lucia Chiocchio, co-chair of Cuddy & Feder LLP's telecommunications and land use, zoning & development groups.

  • Amended Rule 37(e): 1 Year Later

    Samantha Southall

    After a full year in effect, the amended Federal Rule of Civil Procedure 37(e) has been tested in a variety of district courts. A sampling of these decisions reveals that courts seem to be adhering closely to the amended rule and ordering adverse inference instructions only where there was intent to deprive another party of access to relevant information, say Carrie Amezcua and Samantha Southall of Buchanan Ingersoll & Rooney PC.

  • Avoiding The Hidden Costs Of Bargain-Priced E-Discovery

    Michael Cousino

    Many organizations are interested in finding electronic discovery partners who offer tantalizingly low prices for electronic discovery services. However, unforeseen gaps, lax security practices, ignorance of global practices and delayed deliverables can all add up to a surprisingly large final cost, says Michael Cousino of Epiq Systems.

  • What Trump High Court Candidates Say About 1st Amendment

    Gayle C. Sproul

    As media advocates, we wondered how President-elect Donald Trump's soon-to-be-announced U.S. Supreme Court nominee might react to Trump’s vow to shred the hard-won protections now embedded in the law of libel. We found that none of the opinions from judges on his shortlist hint at any inclination to depart from these established rules, say Gayle Sproul and Max Mishkin of Levine Sullivan Koch & Schulz LLP.