New Jersey

  • December 22, 2016

    TD Bank, Target Trim Robocall Suit, But Not Calif. Claim

    TD Bank and Target may have put a dent in a putative class action over repeated unsolicited phone calls to customers, but according to a New Jersey federal court ruling Tuesday, they could not defeat a consumer’s claim for violating a California debt collection law at the dismissal stage.

  • December 22, 2016

    NJ 'Housewives' Star Wants To Revive Malpractice Suit

    "Real Housewives of New Jersey" star Teresa Giudice wants a state judge to reinstate a malpractice complaint against her former lawyer now that a dispute over whether the claims belonged to her or her bankruptcy estate has been resolved, according to court papers filed Wednesday.

  • December 22, 2016

    Partial Fees OK'd In Restaurant.com Expiring-Discount Row

    A New Jersey federal judge awarded about a quarter of the fees and costs sought by counsel for Restaurant.com Inc. consumers who unsuccessfully brought class claims over discount certificates, ruling Wednesday that the full fees amount was not justified.

  • December 22, 2016

    NJ Justices Won't Hear Ex-Merck Worker’s Sex Bias Suit

    The New Jersey Supreme Court has declined to take up a lower court ruling that found a former Merck & Co. worker didn’t prove the pharmaceutical giant fired him because he’s a man, according to a high court order released Wednesday.

  • December 22, 2016

    NJ High Court Won't Hear Raymours Abitration Dispute

    The New Jersey Supreme Court has declined to review an Appellate Division panel's determination that a former Raymours Furniture Co. Inc. employee must arbitrate her race bias claims per the company’s employment agreement, although she isn’t restricted by the company’s now-invalidated time limit on filing claims.

  • December 21, 2016

    First Data Urges Fed. Circ. To Reinstate IP Case

    Payments processor First Data Corp. asked the Federal Circuit on Tuesday to reverse a New Jersey district court's dismissal of the company's claims in a dispute with sports memorabilia dealer Inselberg Interactive LLC over patents for wireless interactive technology. 

  • December 21, 2016

    Day-Trading Firm Owner Accused In Fake-Account Scam

    A Thai man was arrested and charged with fleecing investors of $1.4 million by running a day-trading firm that gave fake training accounts to investors to conceal that their funds had been stolen, the U.S. attorney for New Jersey announced Wednesday.

  • December 21, 2016

    Taro, Perrigo Hit With Price-Fixing Suit Over Skin Cream

    An Illinois workers union's benefits plan hit Teligent Inc., Perrigo Co. and Taro Pharmaceutical Industries Ltd. with a putative class action in New Jersey federal court Tuesday, accusing the pharmaceutical makers of fixing the price of a popular antifungal generic skin cream and hiking the cost by 539 percent.

  • December 21, 2016

    Kayak Lands Attys' Fees In Price Quote Patent Case

    A New Jersey federal judge has ordered the owner of an invalidated patent for matching online buyers and sellers to pay $578,085 in attorneys' fees to travel website Kayak after an earlier determination that the patent owner litigated the case unreasonably.

  • December 21, 2016

    NJ High Court Won't Hear Ex-Penske Worker's Bias Suit

    New Jersey’s Supreme Court won’t take up a whistleblower’s appeal of a court ruling that overturned his $90,000 jury verdict against Penske Truck Leasing in a case alleging he’d been fired for raising concerns about a maintenance program, according to orders made public Wednesday.

  • December 21, 2016

    Court Deals Players Losing Hand In Canceled Casino Tourney

    The New Jersey Supreme Court Wednesday declined to review an Appellate Division decision to reject a putative class action by three gamblers claiming they were not fairly compensated for a canceled poker tournament at the Borgata Hotel & Casino.

  • December 21, 2016

    Real Estate Rumors: Carl Icahn, Emerald Equity, AIG

    Carl Icahn is reportedly in discussions to sell a majority stake of the Atlantic City Trump Taj Mahal, Emerald Equity is said to have picked up a New York residential portfolio for $358 million, and a Quadrum Global venture is said to have scored $150 million from AIG for a Long Island City, Queens, project.

  • December 21, 2016

    NJ AG Sues Rent-A-Center Over Workplace Racial Slurs

    Rent-A-Center Inc. has been slapped with a lawsuit by the New Jersey Division on Civil Rights alleging it tolerated a workplace culture in which employees freely used racial slurs, state officials announced Wednesday.

  • December 21, 2016

    'Creed' Infringement Suit Knocked From NJ To Calif.

    A New Jersey man who accuses Metro-Goldwyn-Mayer Studios Inc., actor Sylvester Stallone and others of stealing his idea for the 2015 boxing film “Creed” will get to fight another round after a federal judge refused to toss the suit Tuesday and transferred it to California.

  • December 21, 2016

    NJ Dodge Dealership Steers Clear Of Squeaky Car Dispute

    A New Jersey appeals court on Wednesday said a man accusing a Dodge dealership of failing to fix an excessive squeaking problem in his newly purchased vehicle failed to show that the issue even existed, or that it warranted repayment of the car’s entire purchase price.

  • December 21, 2016

    Suspended NJ Atty Indicted For Stealing Settlement Funds

    A suspended New Jersey attorney was indicted by a state grand jury Wednesday for allegedly bilking clients out of more than $70,000 in unremitted settlement funds, the Monmouth County Prosecutor’s Office announced.

  • December 21, 2016

    DuPont Hit With $1B Enviro Cleanup Suit In NJ

    E.I. DuPont De Nemours & Co. has been slapped with a $1 billion lawsuit by a New Jersey town alleging the chemical giant unlawfully spun off a subsidiary that dumped millions of pounds of hazardous waste in order to avoid responsibility for remediating the contamination.

  • December 21, 2016

    Consol Can't Toss Pa. Mine Citations, 3rd Circ. Rules

    The Third Circuit on Tuesday declined to overturn an administrative law judge’s findings that a Consol Energy subsidiary engaged in “high negligence” when it failed to report problems with a hoist at a Pennsylvania coal mine.

  • December 21, 2016

    The Biggest New Jersey Cases Of 2016

    Federal and state appeals courts in 2016 delivered a quintet of key rulings in New Jersey's employment, legal malpractice, gaming and health care spaces, bolstering aggrieved workers looking to sue, jury award overrides and continued coverage for firm partners while again shooting down the state’s sports-betting plans. Here’s a look at five notable opinions that helped shape the Garden State’s legal landscape this year.

  • December 20, 2016

    NJ Hospital's Liability Capped At $250K In Birth Defect Suit

    A New Jersey federal judge limited a hospital's liability to $250,000 on Tuesday in a medical malpractice suit brought by a mother who was upset that her caretakers did not offer Down syndrome screening and she did not have the choice to terminate her pregnancy.

Expert Analysis

  • Beyond Bean Counting: How Legal Can Add True Value

    david_wallace_HerbertFreehills.jpg

    For legal departments to stay in front of the crowd, cost-cutting alone is not enough. Neither is claims-driven revenue generation, nor running endless analytics of outside legal spend. This is short-term, passive, scarcity-based thinking that keeps legal departments from offering their corporate clients the greatest possible value — competitive advantage, says David Wallace of Herbert Smith Freehills LLP.

  • Best Practices For Executing Pay Equity Audits

    Excerpt from Lexis Practice Advisor
    Jeffrey M. Landes

    Although the Equal Pay Act has been in effect for 50 years, it recently gained renewed momentum with White House backing and an active task force, which has aggressively pursued employers who have violated its requirements. Jeffrey Landes of Epstein Becker Green PC guides practitioners in providing advice and counsel to employers regarding how to ensure compliance with all equal pay laws.

  • The Landlord-Tenant Relationship Post-Bankruptcy

    Stuart Brown

    The New Jersey bankruptcy court’s recent ruling in IDEA Boardwalk v. Polo North Country Club clarifies the rights and obligations of landlords and tenants under Section 365(h) of the Bankruptcy Code. The ruling will likely have a significant impact on third-party purchasers looking to acquire distressed real estate assets “free and clear,” say Stuart Brown and Grace Imafidon of DLA Piper.

  • OPINION: The US Supreme Court In 2017

    James Brosnahan

    The ideologue’s main problem is believing in conformity of thought. They will now search for true believers, but fortunately very few judges harbor the dark, conservative uniformity desired. If they do find one, the Senate will not confirm, says James Brosnahan, a senior trial counsel with Morrison & Foerster LLP.

  • Merging Law Firms: Think Before You Tie The Knot

    John Remsen Jr.

    Getting larger isn’t a good enough reason to merge. Focus on whether the merger will make your firm better. Also, it’s possible that a merger can reduce profitability, says John Remsen Jr. of TheRemsenGroup.

  • Merging Law Firms: Why Deals Fail Or Underperform

    Lisa Smith

    While many law firm mergers have been successful, some have been spectacularly unsuccessful — to the point of firm dissolution. Some have exceeded expectations, while others have had little impact on the overall competitiveness of the combined firm. In both failed discussions and less-than-successful mergers, there are mistakes that are made along the way, says Lisa Smith of Fairfax Associates.

  • What To Expect From The New Senate

    Kay Bailey Hutchison

    A word of caution to our fellow Republicans — one lesson learned from President Obama’s first two years in office is that pushing through partisan legislation could come back to haunt a party and a presidency, say former Sen. Kay Bailey Hutchison, R-Texas, and Curt Beaulieu of Bracewell LLP.

  • Merging Law Firms: Beware Conflicts Of Interest

    Allison Martin Rhodes

    Among the many ethical issues that can arise, conflicts of interest from current or past representation of each firm’s clients should be at the forefront of merger discussions. Recently, we have seen such conflicts disqualify firms in the middle of high-cost litigation, say Allison Martin Rhodes of Holland & Knight LLP and Robert Hillman of the University of California, Davis.

  • Man Vs. Machine: Or, Lawyers Vs. Legal Technology

    Abdi Shayesteh

    Some have claimed that emerging legal technologies and increasingly cost-conscious clients will mean the extinction of the legal profession as we know it. However, innovations in legal technology may actually benefit attorneys, allowing them to spend their time doing more meaningful work, say Abdi Shayesteh and Elnaz Zarrini of AltaClaro.

  • OPINION: The Verdict — A Rejection Of Politics As Usual

    Reuben Guttman

    The verdict on Nov. 8, was not unanimous, especially when Secretary Hillary Clinton will end up with a popular vote advantage. Yet, it is a message of extreme magnitude from voters willing to overlook the serious flaws of a candidate because they could not reconcile themselves to ratifying the perpetuation of politics as usual, says Reuben Guttman, a partner of Guttman Buschner & Brooks PLLC and adjunct professor at Emory Law School.