New Jersey

  • June 8, 2017

    Enviro Service Co. Sues NJ Spinoff Over Dropped Debts

    National environmental service firm U.S. Ecology Inc. sued the owners of a spun-off subsidiary in Delaware Chancery Court Thursday, claiming breaches of contract and accusing the buyer of failing to cover a range of assumed costs and obligations.

  • June 8, 2017

    NJ Hospital, Nurses Reach Tentative Deal In ERISA Suit

    St. Joseph's Healthcare System has reached a tentative settlement with nurses in a putative consolidated class action alleging the medical center violated the federal Employee Retirement Income Security Act by underfunding an employee pension plan by at least $183 million, according to documents filed in New Jersey federal court Thursday.

  • June 8, 2017

    NJ Judge Launches More Bias Claims Against Fellow Jurists

    A New Jersey state judge said Thursday he’s been put on paid administrative leave with terms akin to termination in ongoing retaliation for his lawsuit alleging that three supervising jurists discriminated against him because of his association with his disabled son and suspended him from hearing cases on false pretenses.

  • June 8, 2017

    DOL Settles Discrimination Allegations With KPMG

    The U.S. Department of Labor reached an agreement Thursday with audit firm and government contractor KPMG LLP over alleged race-based hiring discrimination at its New Jersey office, requiring the company to hire some of the rejected applicants and offer all of them back pay.

  • June 8, 2017

    Filipino Man Gets 5 Years For Running $9M Cybercrime Ring

    A Filipino national was sentenced Thursday in New Jersey federal court to over five years in prison after pleading guilty to a count of conspiracy to commit bank fraud for running a $9 million international cybercrime operation that monetized stolen credit and debit card information.

  • June 8, 2017

    NJ Drugmaker Accuses Ex-Partner Co. Of Defamation

    A New Jersey-based generic-drug maker has filed a federal lawsuit alleging that a Florida pharmaceutical company ensnared it in frivolous business litigation over allegedly adulterated drugs and then cost it business by announcing the allegations in a worldwide media release.

  • June 8, 2017

    Zurich Seeks $1.8M From Insurer For NJ Construction Suits

    Zurich American Insurance Co. has slammed Crum & Forster Specialty Insurance Co. with a lawsuit in New Jersey state court to recoup about $1.8 million in defense costs related to claims brought against a contractor over allegedly shoddy construction work at two residential developments.

  • June 7, 2017

    Meet Trump's Picks For The Federal Appellate Bench

    President Donald Trump’s judicial nominations on Wednesday brought three federal appeals candidates into the spotlight, including a member of the president’s shortlist for the U.S. Supreme Court, a judge who oversaw a massive challenge to the Clean Water Act, and one of the lawyers behind the high court’s limitation of laches as an intellectual property defense.

  • June 7, 2017

    Trump's FBI Pick Known As 'Adult In The Room'

    In King & Spalding partner Christopher Wray, former colleagues say, the White House has tapped a serious and discreet attorney who worked with former FBI Directors James Comey and Robert Mueller, and who one former colleague said is “always the adult in the room.”

  • June 7, 2017

    NJ High Court Limits State's Subpoena Power In FCA Action

    The New Jersey Supreme Court on Wednesday said the state attorney general's office could not issue subpoenas in False Claims Act cases initiated by whistleblowers after a deadline has passed for the agency to intervene even though there is no explicit time limit on that subpoena power under state law.

  • June 7, 2017

    Chipotle Is Exploiting Judge’s Block On OT Rule, Suit Says

    Chipotle was hit with a putative class action in New Jersey federal court Wednesday alleging the fast-food chain has illegally relied on a Texas federal judge’s ruling blocking the U.S. Department of Labor from expanding overtime protections to avoid paying its workers overtime.

  • June 7, 2017

    Nursing Home Can't Make Family Arbitrate Patient Death Suit

    The Supreme Court of New Jersey has declined to hear a nursing home’s appeal, leaving in place an appellate decision determining that an arbitration agreement signed by a deceased patient can’t prevent the patient’s family from suing because the patient did not have the capacity to agree to the provision.

  • June 7, 2017

    Insurer Off Hook For Flood Claim Despite Knowing Co.'s Risk

    An electricity meter vendor that suffered flood damage at a New Jersey warehouse caused by Hurricane Irene can’t hold its insurance company or the broker liable for failing to disclose the risk of flooding and neglecting to recommend flood insurance, a New Jersey appellate court ruled Wednesday.

  • June 7, 2017

    NJ Makes Final Pitch For High Court Sports Betting Review

    New Jersey and a thoroughbred group made a last-ditch effort Tuesday to convince the U.S. Supreme Court to review whether a federal law prohibiting state authorization of sports betting can prevent New Jersey from repealing its laws banning the practice, after the acting U.S. solicitor general told the justices the challenge was not worth their time.

  • June 7, 2017

    3rd Circ. Says Former Le-Nature's Exec Can't Lower Sentence

    The Third Circuit on Wednesday said a district judge was correct in refusing to reduce the prison sentence of the onetime executive of now-defunct bottling company Le-Nature's Inc. who in 2011 pled guilty in connection to a $660 million swindle of banks and investors.

  • June 7, 2017

    Trump Taps 11 For Federal Bench In Bid To Reshape Courts

    President Donald Trump announced his latest batch of picks for the federal bench Wednesday, including three for appellate courts.

  • June 7, 2017

    Insurer Tells 3rd Circ. That Carriers Liable In $9M Drug Theft

    AXA Corporate Solutions Assurance asked the Third Circuit for another chance to recover its payout for the theft of a nearly $9 million pharmaceutical shipment from Sanofi-Aventis to McKesson Corp. that it insured, arguing that the carriers were liable under federal shipping law.

  • June 7, 2017

    La. Not Immune From Flonase Class Settlement, Says GSK

    Louisiana can’t exercise sovereign immunity to escape the bounds of a settlement reached between GlaxoSmithKline and a class of purchasers over allegations the company delayed generic competition for Flonase nasal spray, because that argument is only available to defendants, the pharmaceutical company told the Third Circuit Wednesday.

  • June 7, 2017

    NJ Atty Suspended For Stalking Former Firm Employee

    A New Jersey lawyer was suspended Wednesday from practicing law for six months after conducting a yearslong campaign of sexual harassment against a woman who had once worked at his firm.

  • June 7, 2017

    Roche Faces Stock Drop Suit Over Cancer Drug Results

    Roche was hit with a potential shareholder class action in New Jersey federal court on Tuesday, alleging that the drugmaker misrepresented to investors the effectiveness of a breast cancer treatment under development.

Expert Analysis

  • Cybersecurity Is The Next Frontier Of State Regulation

    David Forscey

    States considering whether to enforce existing cybersecurity rules more aggressively, or else pass standards of their own, should carefully consider the policy rationale and potential pitfalls of existing frameworks and collaborate with private experts to determine what works and what does not, say David Forscey of the National Governors Association, and Steven Cash and Benjamin Nissim of Day Pitney LLP.

  • Bail Reform Will Imperil California's Justice System

    Quentin Kopp

    Each year more than 300,000 defendants are released on bail in California. But new legislation seeks to take this constitutional right away from defendants and replace it with an expensive and onerous pretrial release system. Shifting from privately funded bail to taxpayer-funded pretrial release programs will undoubtedly strain California’s already underfunded court system, says retired San Mateo Superior Court Judge Quentin Kopp.

  • Hospital Best Practices After 3rd Circ. Title IX Decision

    Amanda Wingfield Goldman

    In light of the Third Circuit's recent decision in Doe v. Mercy Catholic Medical Center, hospitals must determine whether their residency programs fall under Title IX’s umbrella. By treating medical residents like employees, hospitals can better defend against possible Title IX claims, say Amanda Wingfield Goldman and Vinson Knight of Coats Rose PC.

  • Why US Law Firms Need Anti-Money Laundering Policies

    Kristine Safos

    For U.S. law firms, anti-money laundering compliance are a business necessity. As large financial institutions and other clients adopt their own AML policies, they expect law firms they work with to do the same. Kristine Safos of HBR Consulting offers guidance on AML and client due diligence best practices.

  • Solving The Uninsured Driver Conundrum With Technology

    Kymberly Kochis

    Nearly a century after Massachusetts enacted the first law mandating the purchase of auto insurance, and despite laws on the books in almost every state, 12 percent of drivers are still uninsured. Kymberly Kochis and Veronica Wayner of Eversheds Sutherland (US) LLP explore why uninsured driver rates are so high, how states are addressing the issue, and consider prospects for future solutions through technological advances.

  • What Lawyers Should Know To Avoid Online Scams

    J. S. Christie Jr.

    Scams resulting in access to confidential information are probably a lawyer’s greatest technology and cybersecurity risk. But hackers are more likely to gain access to a lawyer’s computer systems through human error, usually responding to a scam, than a brute force attack, says J. S. Christie Jr. of Bradley Arant Boult Cummings LLP.

  • Free Speech At Private Universities: Protected Or Not?

    M.C. Sungaila

    Although the First Amendment prohibits the government from infringing on free speech rights, it does not prevent private persons or entities from doing so. Thus, students at private universities have fewer free speech protections than those at public universities. But state laws and university policies may still provide legal cover for students at private institutions, say attorneys from Haynes and Boone LLP.

  • Herding Cats: Making The Most Out Of A Joint Defense Group

    Audra Dial

    Audra Dial, managing partner for Kilpatrick Townsend LLP’s Atlanta office, shares four strategies that she believes make multidefendant litigation more efficient — and ensure the joint defense group does not devolve into a leaderless group.

  • Negligent Undertaking Liability Only Goes So Far

    Michelle Yeary

    In Nelson v. Biogen, now before a federal court in New Jersey, the plaintiff's initial claims were preempted by state law. So he amended his complaint to add negligent undertaking, related to the defendants' contract with a government agency. It would represent an unprecedented expansion of liability to thereby create third-party negligence obligations to nonparties, says Michelle Yeary of Dechert LLP.

  • Web Servers: An Overlooked Cybersecurity Risk At Law Firms

    Jeff Schilling

    Many law firms use public-facing websites for business development and to streamline operational processes. While these sites are great for maximizing information-sharing, they could unknowingly be an unlocked gateway into a firm’s most confidential data, says Jeff Schilling of Armor Defense Inc.