New Jersey

  • June 14, 2017

    Wells Fargo Sued Over Alleged Scandal-Related Firings

    Two former employees at Wells Fargo branches in New Jersey have hit the banking giant with separate lawsuits in state court alleging they were wrongfully discharged for refusing to take part in opening phony accounts without customers' consent, adding to litigation against the bank over the nationwide scandal.

  • June 14, 2017

    Sears Wins Arbitration Bid In TCPA Suit Over Text Messages

    A New Jersey federal judge on Tuesday approved Sears' bid for arbitration in a proposed class action claiming it "bombarded" consumers with automated promotional text messages in violation of the Telephone Consumer Protection Act, ruling that Sears clearly spelled out contract terms in its marketing program.

  • June 14, 2017

    NJ Towns, Counties Breached $9M Salt Contract, Suit Says

    Dozens of New Jersey public entities were slapped with a federal lawsuit Monday alleging they breached a $9.3 million purchase agreement to buy minimum amounts of rock salt from an Indiana-based supplier.

  • June 14, 2017

    NJ Atty Sued For Malpractice Over Biz Immigration Matters

    An immigration attorney has been slapped with a legal malpractice action in New Jersey state court by an information technology business alleging that the lawyer mishandled immigration matters dealing with company employees, leading to unnecessary delays, lost profits and other damages.

  • June 13, 2017

    Ex-Atty Beats Money Laundering Count In $1.5M Theft Case

    A New Jersey state appeals court on Tuesday affirmed a trial court's dismissal of a money laundering charge from a 19-count indictment against a disbarred attorney accused of stealing more than $1.5 million from his clients, finding that the state has not produced evidence of that offense.

  • June 13, 2017

    Horizon Omnia Plan Row Tossed Back To NJ State Court

    A New Jersey federal judge on Tuesday tossed a complaint alleging Horizon’s tiered coverage plan discriminates against chiropractors back to state court, where it was originally lodged, ruling that federal health care law behind one of the claims doesn’t allow private parties to bring suit.

  • June 13, 2017

    FedEx Wage Settlement Objectors Lose Bid For Fees

    An Indiana federal judge refused to award nearly $400,000 in attorneys’ fees to a group of FedEx drivers who objected to a roughly $25 million deal settling claims that they were misclassified as independent contractors and underpaid, saying the objectors’ conduct was “vexatious” and didn’t change the outcome.

  • June 13, 2017

    Paintball Seller Escapes Bid To Arbitrate Payment Spat

    A New Jersey federal judge declined Monday to force a Hong Kong-based export and wholesale company to arbitrate its claims that a New Jersey sporting goods company owes it more than $100,000 for paintball supplies, saying the evidence presented so far sheds doubt on the validity of an arbitration agreement.

  • June 13, 2017

    Christie Taps 5 Attys For NJ Judgeships

    New Jersey Gov. Chris Christie on Tuesday nominated five attorneys for judicial posts in the state, including a county prosecutor for the state Superior Court bench and a McCarter & English LLP attorney for an administrative law judgeship.

  • June 13, 2017

    Ex-Broker Can't Rehash Claims Against Law Firm: NJ Court

    The New Jersey Appellate Division affirmed Tuesday that most of a fired investment broker’s legal malpractice claims against a Garden State law firm can't be litigated in court because he had already sought the same damages in a separate action heard by an employment arbitration panel.

  • June 13, 2017

    UBS Says Fired Adviser Not Whistleblower Under Dodd-Frank

    UBS Financial Services Inc. urged a New Jersey federal court on Monday to toss a former financial adviser’s wrongful termination suit, saying that the ex-employee can’t claim his firing was unlawful retaliation for whistleblowing because he wasn’t actually a whistleblower.

  • June 13, 2017

    Phyllis Schlafly's Son Urges Payment Of $3M Life Insurance

    A son of late conservative leader Phyllis Schlafly urged a New Jersey federal court Monday to order an insurer to distribute more than $3 million in proceeds under two insurance policies on his mother's life, saying other, unrelated litigation was not a legitimate basis for the company to withhold payments.

  • June 12, 2017

    Justice Ginsburg On Diversity And Persuading Her Colleagues

    Justice Ruth Bader Ginsburg discusses what it means to have three women on the court, the aftermath of hostile Senate confirmation fights, and why justices sometimes do the unexpected, in the first of two articles based on an exclusive interview with the feminist icon.

  • June 12, 2017

    BIA Must Review Athlete's Asylum Denial, 3rd Circ. Says

    An immigration judge’s frequent interruptions, digressive questions and generally hostile tone prevented a Salvadorian soccer player from properly making his case for asylum, the Third Circuit ruled on Monday, granting the player’s review petition.

  • June 12, 2017

    Ex-Dancer's Counsel OK'd To Exit From 'Sopranos' Club Suit

    A New Jersey federal court on Monday approved a bid from two firms to withdraw as counsel for a former dancer in her putative class action against the strip club featured on “The Sopranos” TV series and another club, because she had not responded to her attorneys' emails and phone messages.

  • June 12, 2017

    'Housewives' Star's Ex-Atty Loses Appeal Over Ch. 7 Deal

    A New Jersey federal judge on Monday affirmed a bankruptcy settlement allowing a formerly incarcerated star of “The Real Housewives of New Jersey” and her Chapter 7 trustee to pursue a malpractice suit against her former attorney, finding the lawyer didn’t have standing to challenge the settlement.

  • June 12, 2017

    NJ Craft Beer Maker Fined $2M Over Sales, Invoice Violations

    A New Jersey craft beer wholesaler has agreed to pay the state $2 million to resolve allegations it violated state competition law by selling tap systems at below fair-market prices, misrepresenting charges on invoices and ignoring credit regulations for at least 700 customers, state authorities announced Monday.

  • June 12, 2017

    NJ Developer Defeats Challenge To Retail, Housing Units

    The New Jersey Appellate Division on Monday affirmed Dunellen Borough’s approval of a plan for a downtown development, ruling that a neighboring business failed to prove the plan would overburden their shared parking area and that housing was prohibited on the parcel.

  • June 12, 2017

    Essex County Prosecutor Advanced For NJ Judgeship

    The acting Essex County, New Jersey, prosecutor vowed to serve “honorably and ably” as a state judge on Monday before New Jersey's Senate Judiciary Committee approved her nomination for a seat on the Superior Court bench.

  • June 12, 2017

    NJ Panel Affirms Hair Exec's Firing And His Shareholder Claim

    The New Jersey Appellate Division on Friday ruled that a hair products company rightfully terminated a former executive for alleged sexual harassment, but that he was entitled to a judgment for shareholder profits because of his colleagues’ financial mismanagement, along with more than nine times that amount in attorneys' fees.

Expert Analysis

  • How Client Feedback Programs Benefit Law Firms And Clients

    Elizabeth Duffy

    Despite an increase in engagement with client feedback programs over the last 15 years, law firms — and their clients — have a way to go before realizing the maximum benefits such programs can deliver, says Elizabeth Duffy of Acritas US Inc.

  • Series

    Revisiting Affiliated Ute: Will It Supersize Leidos?

    James Goldfarb

    The rebuttable presumption of reliance adopted by the U.S. Supreme Court 45 years ago in Affiliated Ute threatens to supersize the expanded basis for omission liability signaled by Leidos v. Indiana Public Retirement System, which the court will review next term, say attorneys with Murphy & McGonigle PC.

  • What We Know So Far About Direct Infringement Post-Form 18

    Eric Kaviar

    Following the abrogation of Form 18 in December 2015, what does it mean to state a claim of direct patent infringement? Eric Kaviar of Burns & Levinson LLP recently reviewed all of the substantive district court opinions grappling with this question. Here's what he found.

  • Series

    Revisiting Affiliated Ute: High Court Needs A Reboot

    Gary Aguirre

    The U.S. Supreme Court has reduced the giant oak that is Rule 10b-5 to a stump with one withered branch — the narrow scope of liability under Rule 10b-5(b). The court must retrace its steps back to Affiliated Ute, which recently turned 45 and was the court's last decision before it adopted the false star Blue Chip Stamps, says Gary Aguirre, a former staff attorney at the U.S. Securities and Exchange Commission.

  • NJ 'Pay To Play' Compliance Is More Important Than Ever

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    New Jersey holds elections for governor, lieutenant governor and all 120 state legislative seats this year. Given that the Garden State has some of the most stringent, far-reaching and complex “pay to play” laws in the nation, it is important to review the risk areas that can arise from political contributions and fundraising, says Michael T.G. Long of Lowenstein Sandler LLP.

  • Solving The Legal Industry's Data Protection Breakdown

    Jeff Ton

    Most law firms today aren't using common security and data protection measures that other industries employ to protect sensitive data. Options like continuous data replication and backups have various pros and cons, but most importantly, law practices must understand the need for a two-tiered approach to data protection, says Jeff Ton of Bluelock LLC.

  • Nonsolicitation Agreements In The Social Media Age

    James Patton Jr.

    As social media continues to expand, the legal issues that inevitably follow growth have begun to arise, and courts have found themselves struggling to adapt. One new challenge facing employers, employees and courts is the effect of social media on the traditional nonsolicitation agreement, say James Patton Jr. and Tae Phillips of Ogletree Deakins Nash Smoak & Stewart PC.

  • The Meaning Of Spokeo, 365 Days And 430 Decisions Later

    Ezra Church

    In the year since the U.S. Supreme Court's Spokeo decision, nearly 60 percent of courts analyzing constitutional standing have determined that the plaintiff had Article III standing. Notably, the outcomes vary markedly by statute and forum, and have intensified in some ways over the last six months, say attorneys with Morgan Lewis.

  • 5 Things To Know About Justice Gorsuch’s First 30 Days

    Charles Webber

    Justice Neil Gorsuch joined the U.S. Supreme Court a little more than 30 days ago, on April 7, 2017. And while it is too early for him to have written any opinions, Gorsuch participated in the final 13 oral arguments of the 2016 term. Charles Webber of Faegre Baker Daniels LLP offers five takeaways from his first month on the job.

  • 5 Mistakes That End Law Firms

    Randy Evans

    Although the end often comes quickly, law firms do not fail overnight. Randy Evans of Dentons and Elizabeth Whitney of Swiss Re Corporate Solutions review five mistakes that expedite law firm failures.