New Jersey

  • April 13, 2018

    Brand Battles: Rutgers Fights Pat Robertson College Over TM

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Rutgers University says Pat Robertson's Regent University will confuse people with a new "R" logo, Mastercard defends its iconic interlocking circles, and Red Bull calls bull on a rival drinkmaker's logo.

  • April 12, 2018

    NJ Senate Sends Sick Leave Bill To Gov. Murphy's Desk

    New Jersey legislation that would require employers to provide earned sick leave to their workers in the state is now bound for Gov. Phil Murphy, with the state Senate on Thursday passing the bill that supporters have said would protect employees and public health in general.

  • April 12, 2018

    NJ Assembly Passes Charitable Donation SALT Workaround

    A bill in the New Jersey Legislature that would provide property tax credits to taxpayers making certain qualified charitable donations — an effort to counter a provision in the federal tax reform law that limits federal state and local tax deductions to $10,000 — passed both houses Thursday, making its way to Gov. Phil Murphy.

  • April 12, 2018

    NJ Man Wins $2.25M In Suit Over Botched Spinal Surgery

    A New Jersey man will receive $2.25 million in a suit accusing two doctors of botching his spinal surgery and causing nerve damage, after a state jury's $4.6 million verdict was mitigated by a "high-low agreement" forged by the parties after closing arguments, according to the man's attorney.

  • April 12, 2018

    Chubb Stiffed Ex-Exec On $600K In Stock Pay, Suit Says

    A top Sompo International executive has accused his former employer Chubb of illegally withholding $600,000 in deferred stock compensation while the parties are embroiled in litigation over whether he stole Chubb's trade secrets and helped poach key employees.

  • April 12, 2018

    Bill To Hike Judges’ Salaries Heads To NJ Governor's Desk

    A New Jersey bill that would give salary increases to certain state workers, including judges who have gone without raises for nearly a decade and make less than their federal counterparts, passed both houses of the state legislature Thursday and now heads to Gov. Phil Murphy's desk.

  • April 12, 2018

    Air Charter Co. Founders Aim To Sink Fraud Convictions

    Two co-founders of a defunct public air charter operator called on a New Jersey federal court Wednesday to toss their convictions last month on charges of stealing millions in passenger payments, saying they properly accessed funds that belonged to the company.

  • April 12, 2018

    Drugmakers Duped Medicaid Rebate Regulators, 3rd Circ. Told

    A pharmaceutical executive urged the Third Circuit on Wednesday to revive his suit alleging Allergan Inc. and other companies shorted the federal government on drug rebate payments, arguing that the drugmakers understated the product prices on which the amount they owed was based.

  • April 12, 2018

    Bard Hit With $33M Pelvic Mesh Verdict In NJ

    A New Jersey state jury on Thursday said C.R. Bard Inc. must pay $33 million in compensatory damages over claims the business knew its pelvic mesh products were unsafe and failed to warn doctors about potential risks related to devices that caused a woman debilitating pain.

  • April 11, 2018

    Bard Hustled Defective Meshes To Market, Jury Told In Closing

    C.R. Bard pushed a pair of pelvic mesh devices to market without proper testing or warning, counsel for a woman alleging harm from those devices told a New Jersey jury during Wednesday closing arguments, and Bard countered there isn’t evidence the devices harmed the woman.

  • April 11, 2018

    3rd Circ. Grants Win To NJ Hospital In Nurse's Bias Suit

    A Third Circuit panel upheld Newark Beth Israel Medical Center’s quick win in a nurse’s suit claiming he was discriminated against for a variety of reasons, saying the record doesn’t back up his argument he suffered adverse employment action when he missed breaks and other workers were treated better.

  • April 11, 2018

    NJ Real Estate Atty Suspended Over Botched Mortgage Payoff

    New Jersey’s highest court has issued a two-year suspension to a real estate attorney for not fulfilling his obligation to pay off a mortgage for his clients out of a loan that was made to them, rejecting a disciplinary panel’s recommendation that the lawyer be disbarred.

  • April 11, 2018

    Buchanan Atty Tapped For 3rd Circ. Boasts Deep Pa. Roots

    Buchanan Ingersoll & Rooney PC shareholder David J. Porter’s nomination to the Third Circuit, where he once clerked, has drawn praise due to his litigation experience and deep roots in Pennsylvania's legal community, though the unabashed conservative appears poised to face tough questions over how his judgeship might impact issues ranging from employment disputes to civil rights.

  • April 11, 2018

    Payment Processor Slams Bad-Faith Fees Bid In Patent Row

    A payment processing company has told a New Jersey federal judge that its suit seeking a declaration that it didn’t infringe a New Jersey sports memorabilia dealer’s patents wasn’t frivolous and didn’t warrant sanctions given the dealer’s repeated accusations that the payment processor didn’t own the patents.

  • April 11, 2018

    Insurer Must Defend NJ Atty Against Allstate's Fraud Claims

    A New Jersey federal judge on Tuesday denied Evanston Insurance Co.'s request to appeal a court ruling that requires the insurer to defend Perth Amboy attorney Karim Arzadi and his firm against allegations of fraud brought by Allstate in a state court lawsuit.

  • April 11, 2018

    3rd Circ. Won't Wade Into Prudential ERISA Class Action

    A panel of Third Circuit judges on Tuesday turned away Prudential Insurance Co. of America’s bid for review of a lower court's decision to certify a subclass in an Employee Retirement Income Security Act suit over life insurance payouts. 

  • April 11, 2018

    J&J Hit With $80M Punitive Damages Verdict In NJ Talc Case

    A New Jersey state jury on Wednesday slammed Johnson & Johnson and its talc supplier with combined punitive damages of $80 million after finding that the pharmaceutical giant acted with reckless indifference in selling asbestos-containing talcum powder that contributed to a man’s development of mesothelioma.

  • April 10, 2018

    J&J Fights Bid For Punitive Damages In Asbestos Talc Case

    Counsel for Johnson & Johnson urged a New Jersey state jury Tuesday not to award punitive damages over claims the pharmaceutical giant sold asbestos-containing talcum powder that contributed to a man’s developing mesothelioma, saying there was no “smoking gun” evidence that company officials recklessly sold products they knew would likely cause harm.

  • April 10, 2018

    Par Pharma Blasts $102M Bond Ask In Trade Secrets Suit

    Par Pharmaceutical Inc. shouldn’t have to post a $102 million bond in its suit accusing QuVa Pharma Inc. of stealing trade secrets, as the amount is “egregiously excessive” and QuVa hasn’t backed up its number with evidence, Par told a New Jersey federal court Monday.

  • April 10, 2018

    Ex-Christie Atty Called Back To 3rd Circ. Roots

    The career of onetime Third Circuit judicial clerk Paul B. Matey, who has since made his mark on New Jersey’s legal scene as former Gov. Chris Christie's counsel and a hospital executive, is coming full circle with his nomination to the federal appellate bench Tuesday.

Expert Analysis

  • Opinion

    National Lawyers Need National Licensing For National Courts

    EJ Hurst II

    Just last month, a number of legal groups asked the Northern District of California to strike its rule requiring that, before seeking federal court admission, attorneys first be licensed by the state of California. It is irrational to exclude seasoned federal practitioners from general admission due to state bar approval while allowing raw state lawyers who have never been inside a federal courtroom, says attorney EJ Hurst.

  • How Regulatory Power Is Moving To The States

    Ashley Taylor

    Despite the current momentum of federal deregulation, state agencies are buttressing consumer protections and ensuring there is no lapse in enforcement. State attorneys general are leading a charge into the perceived vacuum where federal agencies have retreated. The decentralization of oversight demands a more strategic, proactive approach to compliance, says Ashley Taylor of Troutman Sanders LLP.

  • NJ Employers Should Note Evolving Cannabis Laws

    Ruth Rauls

    While no new laws have been finalized yet, the stars may be aligning in New Jersey for significant changes to how it deals with cannabis. For employers, this means more employees using marijuana, medical or recreational, in the near future, says Ruth Rauls of Saul Ewing Arnstein & Lehr LLP.

  • Changes To Rule 23 Are Coming, Are You Prepared?

    Niki Mendoza

    Proposed amendments to the Federal Rules of Civil Procedure Rule 23, which governs class actions, are set to take effect on Dec. 1, 2018, pending approval. The amendments would significantly alter class action litigation procedure from notice to settlement, says Niki Mendoza of Garden City Group LLC.

  • Personal Jurisdiction In 3rd Circ. After 'Shuker'

    David Currie

    While much of the Third Circuit's recent opinion in Shuker v. Smith & Nephew is devoted to federal preemption of certain state law claims, the consequences of the court's treatment of personal jurisdiction may reach even further, says David Currie of Vinson & Elkins LLP.

  • Lawyering A La Carte: Unbundled Dispute Resolution Services

    David Wallace

    There's no reason for limiting unbundled legal services to family law or even pro se litigants. Wider adoption, especially by litigators, presents an opportunity to correct law's distribution and pricing problem, to make justice practically available to all, and to dethrone litigation as the "sport of kings," says New York-based trial lawyer David Wallace.

  • You’re Perfect, Now Change: Perfectionism Hurts Lawyers

    Peter Norman

    Like medical professionals, lawyers often resist policies to reduce errors due to the culture of perfectionism that permeates the industry. Autonomy is key to the legal professional's prestige and the outward demonstration of competence is key to maintaining autonomy, says Peter Norman of Winnieware LLC.

  • Opinion

    Grassley, Feinstein Debate Judicial Vetting, Obstruction

    Sen. Chuck Grassley

    It is undisputed that in his first year in office President Trump was able to confirm a significant number of judges to the federal bench. How it happened — and whether it's a good thing — are debated here by Sen. Chuck Grassley, R-Iowa, and Sen. Dianne Feinstein, D-Calif.

  • 3rd Circ. Gets It Partly Right On Component Preemption

    Michelle Hart Yeary

    The recent Third Circuit opinion in Shuker v. Smith & Nephew got the most important issue right — when you have a multicomponent medical device, premarket approval preemption is to be addressed on a component-by-component basis. This is an important question, because surgeons engaging in off-label use do mix and match parts with different regulatory backgrounds, says Michelle Yeary of Dechert LLP.

  • Will High Court Provide Clarity On 'Clear Evidence'?

    Erin Bosman

    The U.S. Supreme Court may soon revisit a seminal decision on products liability law for pharmaceutical manufacturers. If the court grants Merck & Co.'s request for certiorari in Fosamax, it could signal that lower courts, as well as branded manufacturers, will finally receive guidance on Levine’s "clear evidence" standard, say attorneys with Morrison & Foerster LLP.