New Jersey

  • January 4, 2018

    New US Atty Temps Meet Colleagues' Praise, Senate Side-Eye

    Nearly a year after President Donald Trump's inauguration, the administration has tapped four private-sector lawyers for high profile U.S. attorney jobs in New York, New Jersey and California on an interim basis, ending months of jockeying and speculation and setting the stage for their formal nominations.

  • January 4, 2018

    FDA Warning On Stem Cell Co. Keeps Up Heat On Industry

    The U.S. Food and Drug Administration accused a stem cell laboratory Thursday of production violations that potentially jeopardized patient safety, the latest evidence of the agency's stepped-up enforcement campaign.

  • January 4, 2018

    Conrail Can’t Keep NJ Town's RR Access Suit In Fed. Court

    A New Jersey federal judge remanded to state court Wednesday the borough of Carteret’s case seeking access to Consolidated Rail Corp. property to determine whether environmental contamination exists, saying that because the community is not necessarily preparing to “condemn” the rail line, the case does not meet the damages or subject matter requirements for federal court jurisdiction.

  • January 4, 2018

    States Waste No Time Crafting Pushback To Federal Tax Law

    Despite widespread uncertainties over its content and a strong likelihood of multiple changes and corrections, state and local lawmakers are wasting no time in efforts to offset or ameliorate the impacts of the just-signed federal tax reform law.

  • January 4, 2018

    Sessions' Reversal Likely To Kill Any Pot Buzz For Banks

    Banks and other financial institutions have been slow to take on marijuana-related businesses in states where the drug is legal, and they will likely remain on the sidelines after Attorney General Jeff Sessions' Thursday rescission of an Obama-era policy to not intervene in such states, experts said.

  • January 4, 2018

    Sessions Reverses Obama-Era Marijuana Enforcement Policy

    Attorney General Jeff Sessions has rolled back an Obama-era policy of refraining from prosecuting marijuana businesses and individual users in states that have legalized the drug for medicinal or recreational use, the U.S. Department of Justice said Thursday, calling the move a “return to the rule of law.”

  • January 4, 2018

    United Settles Claims Over Cancellation-Credit Booking Fees

    United Airlines Inc. has settled putative class allegations that it hasn’t been honoring promises not to charge fees when passengers book flights using credit from canceled tickets, according to an order filed Wednesday in New Jersey federal court.

  • January 4, 2018

    Celgene Hits Supplier With Cancer Drug Trademark Suit

    Celgene Corp. and its subsidiary Abraxis BioScience LLC sued a medical supply company in New Jersey federal court Thursday, alleging trademark infringement and unauthorized sales of the biotechnology companies' breast cancer treatment Abraxane.

  • January 4, 2018

    Ex-Hedge Fund Exec Ordered To Pay $4M For Securities Fraud

    A former hedge fund manager who pled guilty to bilking scores of investors by fraudulently inflating his firm's net asset value and diverting funds for personal use was ordered by a New Jersey federal judge on Wednesday to pay $4 million in restitution.

  • January 4, 2018

    3rd Circ. Affirms CSL's Win In Employee Retaliation Suit

    The Third Circuit on Wednesday clarified that an employee who says she was subjected to a hostile work environment after raising concerns about off-label marketing must prove this was her sole reason for quitting, upholding a jury verdict in favor of CSL Behring LLC in the ex-worker's retaliation suit.

  • January 4, 2018

    Ex-Partner Sues NJ Firm Over Unpaid Retirement Benefits

    A onetime partner with Hack Piro O'Day Merklinger Wallace & McKenna PA has launched a lawsuit against the firm and his former colleagues in New Jersey state court alleging the firm has misused retirement plan funds and failed to pay him annual benefits.

  • January 4, 2018

    BASF Digs For Damages Docs In Asbestos Fraud Dispute

    BASF Catalysts LLC urged a New Jersey federal court Wednesday to compel a proposed class accusing the company’s subsidiary Engelhard Corp. of concealing the presence of asbestos in talc products to respond to discovery requests about damages and class certification, rejecting the plaintiffs’ argument the request is premature.

  • January 3, 2018

    3rd Circ. Backs Nix Of Pharmacies' Claim In Lipitor MDL

    The Third Circuit declined Wednesday to revive claims by several pharmacies that a settlement between Pfizer Inc. and Ranbaxy Inc. over the popular anti-cholesterol medication Lipitor ran afoul of antitrust laws, finding that the apothecaries alleged the wrong type of antitrust violation in their complaint.

  • January 3, 2018

    NJ Hospital Tech Dodges Med Mal Suit Over Boy's MRI Scan

    The New Jersey Appellate Division has refused to revive a medical malpractice action against an MRI technician over a brain scan that allegedly left a boy disabled, concluding that the child and his parents failed to present the requisite expert evidence of the hospital worker's negligence.

  • January 3, 2018

    Greenberg Traurig Partner Named Interim SDNY US Attorney

    The Trump administration on Wednesday named a Greenberg Traurig shareholder as interim U.S. attorney for the Southern District of New York, while other BigLaw partners were tapped for similar positions in New Jersey and Los Angeles.

  • January 3, 2018

    NJ Justices Weigh Bid For Whistleblower Suit's $2M Atty Fee

    The New Jersey Supreme Court on Wednesday challenged Heartland Payment Systems Inc.'s stance that it could keep roughly $2 million in attorneys' fees awarded after a bench trial, when a state appellate panel has called for that amount to be cut and an ex-employee's whistleblower claim to go to a jury.

  • January 3, 2018

    Water Chemicals Exec Cops To Bid-Rigging Scheme In NJ

    A former water treatment chemicals executive on Wednesday admitted to his role in a bid-rigging scheme that eliminated competition for sales of a chemical used by municipalities and pulp and paper companies throughout the United States, according to federal prosecutors.

  • January 3, 2018

    Campus Cop's Bias Suit Over Citizenship Revived By NJ Court

    A New Jersey state appellate court revived a fired college campus cop's discrimination complaint on Wednesday, ruling more discovery was needed to determine if his citizenship status was a justifiable factor in his termination.

  • January 3, 2018

    Jersey City Sues NJ, Developer Over Marina Plan

    A New Jersey state court judge on Tuesday granted Jersey City’s emergent request to halt a controversial proposal for the construction of a marina on state-owned land while the city proceeds with its lawsuit alleging the project would compromise the public purpose of a historic park.

  • January 3, 2018

    Alissa Starzak Talks Net Neutrality, US Army, Leap To Startup

    Cloudflare Inc.'s Alissa Starzak discusses her former role as general counsel for the U.S. Army and the lengthy confirmation process leading up to it, as well as her present work in the private sector and views of net neutrality.

Expert Analysis

  • The Most Noteworthy Class Action Developments Of 2017

    Neal Marder

    This year has seen significant developments in the field of class action litigation. The impact of the U.S. Supreme Court’s Spokeo decision continued to work its way through the courts, the appeals courts have made strides on issues like ascertainability and standing to pursue injunctive relief, and Congress is considering legislation that would alter the class action landscape, say attorneys with Akin Gump Strauss Hauer & Feld LLP.

  • A Look Back At Key 2017 Sports Cases — And What's Ahead

    Helen Maher

    There was no shortage of off-the-field drama in 2017, with athletes deciding they could no longer “stick to sports” and the federal government inserting itself into sports-related controversies. The outcome of four controversies in particular may have implications beyond the world of athletics, say attorneys with Boies Schiller Flexner LLP.

  • How DOE's 'Grid Resiliency' Policy May Impact Gas Markets

    Chip Moldenhauer

    At the behest of the U.S. Department of Energy, the Federal Energy Regulatory Commission is soon expected to release an interim rule that subsidizes power plants that hold 90 days of fuel supply on site — i.e., coal-fired and nuclear plants — and effectively penalizes gas-fired plants. But FERC has an opportunity to mitigate the threat to gas-fired generators, says Chip Moldenhaeur of LawIQ.

  • The Intersection Of Arbitration And Choice-Of-Law Clauses

    Rachel Mongiello

    Clients on the verge of litigation with a contractual counterparty often furnish their attorneys with the negotiated contract containing a mandatory arbitration provision and choice-of-law clause. But an often overlooked question is whether the Federal Arbitration Act or the parties’ chosen law governs the arbitration itself, says Rachel Mongiello of Cole Schotz PC.

  • Plavix Ruling Raises Learned Intermediary Questions

    Stefanie Colella-Walsh

    A federal judge in New Jersey recently granted summary judgment to drug manufacturers in a lawsuit alleging that Plavix caused gastrointestinal bleeding. The multidistrict litigation court, sitting in New Jersey, applied California's learned intermediary doctrine, but may not have reached the same conclusion had it applied New Jersey law, say Stefanie Colella-Walsh and Martin Schrama of Stark & Stark.

  • Opinion

    We Need A Green Amendment

    Maya van Rossum

    Instead of pleading with lawmakers to do the right thing, constitutional amendments would elevate environmental rights to the status of our most cherished liberties, says Maya van Rossum, leader of the Delaware Riverkeeper Network and director of the Environmental Law Clinic at Temple’s Beasley School of Law.

  • Series

    Judging A Book: Saris Reviews 'Locking Up Our Own'

    Judge Patti Saris

    Having just completed a six-year term as chair of the U.S. Sentencing Commission, I read Yale Law School professor James Forman's new book, "Locking Up Our Own: Crime and Punishment in Black America," with particular interest, says Judge Patti Saris, chief judge for the U.S. District Court for the District of Massachusetts.

  • COPPA: The Latest Chapter In Consumer Class Actions

    Perrie Weiner

    Though the Children’s Online Privacy Protection Act does not provide a private right of action, a recent spate of consumer class actions have attempted to use the law as a predicate for asserting violations of common law privacy-related torts and various state consumer protection statutes, say attorneys at DLA Piper LLP.

  • Why Asking About Salary History Is Risky Anywhere

    Joseph Kroeger

    Recently there has been significant attention around new laws and ordinances that prohibit employers from asking job applicants about their salary history in various U.S. states and cities. But are employers outside of these jurisdictions free to ask for salary history information of applicants without risk? Hardly, say Joseph Kroeger and Audrey Roberts of Snell & Wilmer LLP.

  • Dissecting NAIC's Insurance Data Security Model Law

    Lawrence Hamilton

    On the heels of the new Insurance Data Security Model Law recently adopted by the National Association of Insurance Commissioners, members of Mayer Brown explain the new law, its substantive requirements, and the takeaways for the insurance industry.