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New Jersey

  • January 9, 2019

    Enviros Take $1.9B Pa. Pipeline Permit Fight To High Court

    Environmentalists urged the U.S. Supreme Court Wednesday to review a Third Circuit decision finding that it could hear their challenge to Pennsylvania’s approval of a pipeline permit before a state board reviewed the matter, saying the ruling would lead to incomplete records and strip aggrieved parties of their due process rights.

  • January 9, 2019

    MetLife Can't Escape Suit Over Postal Worker's Death

    A New Jersey federal judge declined to toss a suit seeking accidental-death benefits from Metropolitan Life Insurance Co. by the children of a U.S. Postal Service worker who froze to death, ruling Tuesday that the insurer based its dismissal bid on information it had refused to provide the children.

  • January 9, 2019

    Expert Didn't Back Insurer's Suit Over Fire, NJ Court Says

    Philadelphia Contributionship Insurance Co. lost its bid to recoup an unnamed amount it paid out for a house fire claim when a New Jersey appeals court ruled Wednesday that the insurer's expert witness didn't support his testimony that the oil-fired furnace that started the blaze had been unsafe.

  • January 9, 2019

    NJ Audit Finds Lack Of Oversight On $11B In Corp. Tax Breaks

    A New Jersey agency has failed to follow state laws and procedures in administering nearly $11 billion in corporate tax breaks since 2010, according to an audit released Wednesday finding that oversight of the tax credits was plagued with shortcomings.

  • January 9, 2019

    Levi & Korsinsky Wins Lead In McAfee-Linked Bitcoin Biz Row

    Levi & Korsinsky LLP has been appointed lead counsel in a proposed class action against a bitcoin mining company and its former CEO, storied antivirus software inventor John McAfee, for allegedly artificially inflating the company's stock price in a pump-and-dump scheme.

  • January 9, 2019

    NFL Scores NJ High Court Win In Super Bowl Ticket Row

    The National Football League scored a victory Wednesday when the New Jersey Supreme Court ruled that the sale of only 1 percent of 2014 Super Bowl tickets to the public via a lottery did not violate a now-repealed state statute, as the justices provided guidance to the Third Circuit in a putative class action against the NFL.

  • January 8, 2019

    Late Filing Sinks NJ Comcast Worker's Age Bias Suit

    A New Jersey appeals court has ruled that courts don't have jurisdiction over reconsideration motions filed more than 20 days after the parties are served with the order being challenged, issuing a published decision Tuesday sending a former Comcast Corp. employee's age bias suit back to arbitration.

  • January 8, 2019

    Ex-Sports Club Manager Must Arbitrate Racial Bias Claims

    Fitness club chain operator Town Sports International Holdings Inc. has won its bid to force arbitration of a former manager’s racial discrimination claims after a New Jersey state appeals court on Tuesday found that the worker had accepted the company’s dispute resolution program as a term of her employment.

  • January 8, 2019

    Kessler Topaz Gets Lead In Campbell Soup Investor Suit

    A New Jersey federal magistrate judge on Tuesday ordered Kessler Topaz Meltzer & Check LLP to serve as lead counsel and Carella Byrne Cecchi Olstein Brody & Agnello PC as liaison counsel in a proposed shareholder class action that accuses Campbell Soup Co. of deceiving investors into buying stock at inflated prices.

  • January 8, 2019

    Fire Alarm Claims Led To Explosion Damages, 3rd Circ. Told

    A New Jersey-based chemical company on Tuesday urged the Third Circuit to undo a finding that its consumer fraud claims against two fire suppression system makers actually fell under product liability law, arguing the $5 million in damages it incurred from an explosion stemmed from the companies' false claims about the effectiveness of a fire alarm.

  • January 8, 2019

    Ex-Novartis Exec Fired Over Study Objections, NJ Jury Told

    Counsel for a former Novartis Pharmaceuticals Corp. executive told a New Jersey state jury Tuesday that she was fired in retaliation for objecting to a proposed drug study, but a company attorney said she was terminated over a series of policy violations that put the pharmaceutical giant at risk.

  • January 8, 2019

    21 AGs Join Pa., NJ In Fighting Trump's Birth Control Rules

    Attorneys general for 20 states and the District of Columbia have thrown their support behind Pennsylvania and New Jersey in urging a federal court to block proposed Trump administration rules allowing employers to opt out of covering contraception if they oppose its use on moral or religious grounds.

  • January 8, 2019

    Neiman Marcus Settles Multistate Data Breach Row For $1.5M

    A settlement was reached between The Neiman Marcus Group LLC and 43 states and the District of Columbia, with the upscale retailer agreeing to pay $1.5 million to resolve an investigation into a 2013 data breach that affected thousands of customers.

  • January 8, 2019

    Mortgage Fraud Mastermind Gets 13 Years In Prison

    A New Jersey man who copped to stealing nearly $1.5 million from financially distressed homeowners, investors and institutions was sentenced to over 13 years in prison Tuesday in Rhode Island federal court, the U.S. Department of Justice announced.

  • January 7, 2019

    J&J Baby Powder Caused Dying Woman's Cancer, Jury Told

    An attorney representing a woman dying of mesothelioma told a California jury during trial opening Monday that Johnson & Johnson knew for decades its talcum powder products contained cancer-causing asbestos but failed to warn consumers about its risks or replace the talc with less-toxic cornstarch.

  • January 7, 2019

    Hoboken Can't Block High-Rise Plans With Zoning Changes

    Hoboken, New Jersey, was dealt another blow in its efforts to block construction of two high-rise residential buildings along the Hudson River after a state appeals court ruled Monday that municipal ordinances could not be retroactively applied to the project.

  • January 7, 2019

    NJ, Gov. Campaign Accused Of Mishandling Rape Claim

    A New Jersey housing official on Monday launched a lawsuit alleging the state and the campaign of Gov. Phil Murphy mishandled her claim that she was raped by a former campaign staffer who later got a high-ranking position within the administration.

  • January 7, 2019

    NJ Judge Fights Ethics Charges Over Courtroom Remark

    A New Jersey municipal court judge has denied violating ethical standards in his remark to a criminal defendant about the conditions of her release, saying he was referring to her not having to make a bail payment and that his comment could not be interpreted as “sexual innuendo.”

  • January 7, 2019

    Bridge Worker Hurt In NJ Can't Get Pa. Benefits, Court Says

    A Pennsylvania appeals court said Monday that a contractor who was hurt while working on the Benjamin Franklin Bridge, which connects Philadelphia with New Jersey, was not entitled to workers' compensation benefits from both states for an injury sustained on the New Jersey side of the span.

  • January 7, 2019

    Hacking Nixes Injunction In Trade Secrets Row, 3rd Circ. Told

    Telecom engineers facing a trade secrets lawsuit by their former boss urged the Third Circuit to vacate a lower court’s order to preserve data they allegedly stole and to refrain from contacting their ex-employer’s clients during the litigation, arguing Monday that the complaint is based on improperly obtained information.

Expert Analysis

  • Opening Comments: A Key Strategic Decision In Mediation

    Jann Johnson

    Opening comments by parties in mediation that are made with the proper content and tone can diffuse pent-up emotion and pave the way for a successful resolution. But an opening presentation can do more harm than good if delivered the wrong way, say Jann Johnson and William Haddad of ADR Systems LLC.

  • Top 10 Whistleblowing And Retaliation Events Of 2018

    Steven Pearlman

    This year saw significant changes in the landscape of whistleblower and retaliation law, including a game-changing decision from the U.S. Supreme Court and the three largest bounty awards issued in the history of the U.S. Securities and Exchange Commission, say Steven Pearlman and Meika Freeman of Proskauer Rose LLP.

  • State Net

    More State Issues The Blue Wave May Shape In 2019

    Rich Ehisen

    In the second installment of this three-part legislative preview, Rich Ehisen of State Net Capitol Journal examines a number of issues that should keep state lawmakers occupied next year.

  • It's Harder To Withdraw From MDLs — For Good Reason

    Jennifer LaMont

    Motions by counsel to withdraw from representation that are filed earlier in a case will more likely succeed. But the complexity and costs of multidistrict litigations may speed up the stopwatch as to when motions to withdraw are not viable, say Jennifer La Mont and Kaitlyn Stone of Drinker Biddle & Reath LLP.

  • Series

    Judging A Book: Ginsburg Reviews 'The Curse Of Bigness'

    Judge Douglas Ginsburg

    When reading Tim Wu’s new book, "The Curse of Bigness: Antitrust in the New Gilded Age," lawyers, economists and historians will find its broad brush maddening, and the generalist reader will simply be misled, says D.C. Circuit Judge Douglas Ginsburg.

  • 5 Things You Should Know About New Rule 23 Amendments

    John Lavelle

    For the first time in 15 years, Federal Rule of Civil Procedure 23, governing class actions, has been amended. There are five key changes that will likely impact future federal class action litigation and settlements, say John Lavelle and Terese Schireson of Morgan Lewis & Bockius LLP.

  • State Net

    State Lawmakers Face Familiar Challenges In 2019

    Korey Clark

    Many of the issues that are most likely to draw the attention of state lawmakers next year — including cybersecurity, internet and data privacy, blockchain and cryptocurrencies, sales taxes on remote sellers, transportation and telecommunications infrastructure, and marijuana — are already familiar, says Korey Clark of State Net Capitol Journal.

  • In Hip Implant MDL, Preemption Cuts Across State Lines

    Michelle Hart Yeary

    Plaintiffs in the Smith & Nephew Birmingham Hip Resurfacing multidistrict litigation were subject to different states' statutes of limitations. But whether you bleed Michigan blue or you live where a grizzly bear is your only neighbor, preemption unites us all, says Michelle Hart Yeary of Dechert LLP.

  • Dissent In Sikkelee Ruling Offers Preemption Road Map

    Jonathan Skowron

    As the dissenting judge pointed out, the Third Circuit majority's recent opinion in Sikkelee v. Precision Airmotive Corp. — restricting the impossibility preemption defense for federally regulated manufacturers — seemed to be more focused on perceived public policy considerations than strict adherence to case law, says Jonathan Skowron of Schnader Harrison Segal & Lewis LLP.

  • Jurors Should Ask More Questions During Trials

    Matthew Wright

    Permitting jurors to submit written questions, or even to pose questions orally to witnesses on the stand, advances several important goals and promotes both fairness and efficiency, says Matthew Wright of McCarter & English LLP.