New Jersey

  • August 9, 2017

    3rd Circ. Revives Retaliation Claims Against Ex-Pa. AG Kane

    A Third Circuit panel told five former high-ranking Pennsylvania law enforcement officials on Wednesday they can bring retaliation claims against former attorney general Kathleen Kane in continued fallout from a yearslong saga over grand jury leaks, alleged investigatory missteps and the scandal over lewd emails circulated on state email addresses.

  • August 9, 2017

    Fed. Circ. Affirms Atty's Ban From USPTO Practice

    The U.S. Patent and Trademark Office's disbarment of an attorney who moved a disputed $1.2 million client award into his children's trust funds was upheld Tuesday by the Federal Circuit.

  • August 9, 2017

    Allstate Denied Arbitration In NJ Coverage Class Action

    A New Jersey federal judge on Wednesday shot down an Allstate unit's bid to force a putative class action over unpaid medical benefits into arbitration, rejecting the insurer's argument that state law allowed it to take such action without an arbitration agreement between the parties.

  • August 9, 2017

    Humana Beats NJ Specialty Pharmacy's Antitrust Suit

    A New Jersey federal court on Wednesday tossed allegations that Humana Inc. wrongfully engaged in monopolistic conduct by steering patients to its own specialty pharmacy, thereby harming rival specialty pharmacy Prime Aid Pharmacy Corp.

  • August 9, 2017

    3rd Circ. Affirms Win For GSK In Wellbutrin Antitrust Case

    The Third Circuit ruled on Wednesday not to revive a class action lawsuit accusing GlaxoSmithKline PLC of violating antitrust laws with an alleged pay-for-delay settlement with would-be generic manufacturers for the antidepressant Wellbutrin.

  • August 9, 2017

    Menendez's Dismissal Bid Over McDonnell Must Await Trial

    A New Jersey federal judge on Wednesday said Sen. Bob Menendez must go to trial before the court renders a decision on the senator's bid to toss his corruption charges on the grounds that the allegations fall short of the narrow definition of “official acts” set by the U.S. Supreme Court’s landmark McDonnell decision.

  • August 9, 2017

    BASF Fights For New Special Master In Asbestos Suit

    BASF Catalysts LLC and Cahill Gordon & Reindel LLP, who have been accused in a proposed class action of conspiring to conceal evidence of asbestos in BASF products, asked a New Jersey federal court Tuesday to appoint a new special discovery master, as lawyers for Cahill also represent the current special master’s firm.

  • August 8, 2017

    L'Oreal Asks 3rd Circ. To Rethink Reviving IP Atty's Suit

    L’Oréal asked the Third Circuit on Tuesday to rehear en banc a panel’s July decision to revive a whistleblower lawsuit filed by a patent attorney in New Jersey federal court, arguing the ruling was wrong because the attorney made no claim that the cosmetic giant asked him to break the rules.

  • August 8, 2017

    NJ Court Tosses Firm Interest Award In Atty's Divorce

    A New Jersey state appeals court on Tuesday upended a ruling awarding the then-wife of a Lowenstein Sandler LLP partner a portion of his interest in the firm as part of the couple's divorce, saying a trial court failed to spell out its findings and used flawed figures.

  • August 8, 2017

    7th Circ. Spoofing Decision Buoys Gov't Crackdown

    The Seventh Circuit’s unanimous decision Monday to uphold the conviction of Michael Coscia for a market manipulation tactic known as “spoofing” is a landmark ruling that removes questions about the constitutionality of the law banning such conduct, strengthening government efforts to crack down on the practice, experts said Tuesday.

  • August 8, 2017

    NJ High Court Rebuffs ShopRite Challenge To New Wegman's

    The New Jersey Supreme Court on Tuesday declined to review an Appellate Division ruling that a ShopRite operator's challenge to an environmental permit of a planned Wegman’s supermarket was merely an attempt to stave off competition, according to an order made public Tuesday.

  • August 8, 2017

    Avis, Consumer Battle Over Class Cert. In Fee Row

    Avis and a consumer leading a New Jersey federal court suit accusing it of secretly charging car renters for an electronic toll-payment service have renewed their class-certification battle, with the customer saying the proposed class was affected by common issues and the company claiming its patrons had different experiences, according to Tuesday filings.

  • August 8, 2017

    Delta Starts Construction On $3.4B LaGuardia Terminal

    Construction of Delta Air Lines’ new terminal at LaGuardia Airport began Tuesday with the Port Authority of New York and New Jersey inking a long-term lease with the airline that advances a key component of the ongoing $4 billion redevelopment of the Queens airport.

  • August 8, 2017

    NJ Consumer Affairs Director Departs For Comcast

    The chief of New Jersey’s Division of Consumer Affairs is leaving his post in September after a little more than three years on the job to take a deputy general counsel position at Comcast Corp., Attorney General Christopher S. Porrino announced Tuesday.

  • August 8, 2017

    Novo Nordisk, Benefits Co. Want Price Hike Fight Sent To NJ

    Novo Nordisk Inc. and pharmacy benefits manager OptumRx Inc. on Monday urged a California federal judge to transfer the putative class action accusing them of inflating prices for a diabetes medication to New Jersey, where five nearly identical suits are already pending.

  • August 8, 2017

    Walmart, Insurers Settle Suit Over Tracy Morgan Crash

    Five insurers have reached a settlement with Wal-Mart Stores Inc. in New Jersey federal court on Monday to resolve claims that the retail giant overpaid in an earlier “huge” settlement with actor and comedian Tracy Morgan, after a sleep-deprived Walmart trucker struck the actor’s tour van in a grisly accident in 2014.

  • August 8, 2017

    NJ High Court Won't Hear Atty's Appeal Of $1M Judgment

    The New Jersey Supreme Court has declined to review an appeals panel’s decision that a disbarred attorney wasn’t entitled to the $1.2 million fee he took for his representation in a New York case because ethics authorities already determined as much.

  • August 8, 2017

    Transmar Cocoa CEO, Son Accused Of Massive Bank Fraud

    The chief of New Jersey-based Transmar Commodity Group Ltd., his son and a finance executive at the belly-up cocoa trader were hit with fraud charges Tuesday, two weeks after their bid to restructure more than $360 million of bank debt was converted by a bankruptcy judge into a liquidation.

  • August 8, 2017

    Home Lender PHH To Pay Nearly $75M Over Bad Mortgages

    Mortgage servicer PHH Corp. on Tuesday agreed to pay nearly $75 million over claims that it originated mortgages backed by three different federal agencies that did not meet the requirements for federal guarantees.

  • August 7, 2017

    Atty Launches Gay Bias Suit Against NJ Think Tank

    An attorney has launched a pro se lawsuit in New Jersey state court against left-leaning think tank New Jersey Policy Perspective, alleging he suffered discrimination on the basis of his sexual orientation while serving as a member of the organization's board of trustees.

Expert Analysis

  • Rebuttal

    The Rise Of Midsize Firms

    Ronald Shechtman

    Recently, this publication featured an op-ed in which one law firm partner contended that midsize firms will be the next casualty of the legal market, due to a supposed inability to compete with BigLaw or boutique firms for business. Though we can expect to see Am Law firms continue to lead the market in megadeals and life-or-death litigations, by all indications midsize is on the rise, says Ronald Shechtman of Pryor Cashman LLP.

  • 5 Questions To Ask Yourself Before Submitting Litigation AFA

    Gregory Lantier

    Outside counsel should be able to articulate why she is proposing an alternative fee arrangement for this matter. If the client has not requested an AFA or the case is unusually difficult to budget with accuracy, this might not be the case to propose an AFA, say attorneys with WilmerHale.

  • How Mobile Apps Can Benefit Your Practice

    Sean Cleary.jpg

    Despite the boom in mobile application development, many lawyers are still reluctant when it comes to using apps in their daily work. Attorney Sean Cleary explores the benefits and shares some recommendations for apps geared toward attorneys.

  • Daubert And Product Liability: Mid-2017 Update — Part 1

    Max Kennerly

    A good way to understand the state of the Daubert standard in product liability cases is to examine the four most recent published circuit court opinions. All have one thing in common: The defendants framed Daubert as a matter of pseudoscientific absolutes, and the courts rejected the defendants at every turn, says Max Kennerly of Kennerly Loutey LLC.

  • Rebuttal

    The Future Of Litigation Finance Is Analytics

    Eva Shang

    In a recent Law360 guest article, Christopher Bogart of Burford Capital LLC claimed that "while theoretically well designed to find the proverbial needle in a haystack, big data and AI currently lack the ability to do so usefully in a commercial litigation financing context." But AI can manage many of the tasks that litigation financiers would otherwise perform, says Eva Shang, co-founder of Legalist Inc.

  • Specific Personal Jurisdiction: The Unanswered Questions


    The tort bar eagerly awaited the U.S. Supreme Court’s decision last month in Bristol-Myers Squibb v. Superior Court of California. But the ruling did not address whether specific jurisdiction exists when the defendant markets a defective product nationwide, and the stream of commerce carries it into the forum state, where it injures the plaintiff, says David Holman of Davis Graham & Stubbs LLP.

  • Where AI Meets Cybersecurity And The Legal Profession

    Randy Sabett

    Artificial intelligence and machine learning will continue to be a major focus for the legal community, whether as an isolated topic, as it intersects with cybersecurity, or within the legal profession itself. Each of these raises unique concerns for attorneys, says Randy Sabett, vice chair of Cooley LLP's privacy and data protection practice group.

  • Avoid Becoming A Dreaded Mortgagee-In-Possession In NJ

    Joshua Howley

    Lenders in New Jersey beware. Although taking possession of a property and the cash flow therefrom after a borrower defaults might be tantalizing, being deemed a mortgagee-in-possession has costly implications, says Joshua Howley of Sills Cummis & Gross PC.

  • Mortgage Servicers Should Review Escheat Compliance

    Kendall Houghton

    Several significant developments have transpired in the world of unclaimed property law that could have a significant impact on mortgage servicers’ compliance efforts. Fortunately, there are several defenses to escheatment that a mortgage servicer could potentially rely on, at least in certain states, say attorneys with Alston & Bird LLP.

  • Insights From Recent Rise In Nuisance And Trespass Cases

    Carlos Romo

    Property owners are increasingly turning to common law nuisance and trespass claims for suits against neighboring industrial activities. Why has there been an upsurge in these cases? Carlos Romo of Lewis Bess Williams & Weese PC examines recent state and federal cases highlighting various legal issues associated with these types of claims.