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New Jersey

  • September 6, 2018

    3rd Circ. Says 'Buyer's Remorse' Can't Revive Toxic Talc Suit

    The Third Circuit on Thursday affirmed a New Jersey federal court decision dismissing a Johnson & Johnson consumer's proposed class action over the alleged health hazard associated with the company’s talc-based baby powder, finding the consumer's "buyer’s remorse" is not an actual injury. 

  • September 6, 2018

    NJ City Says Developer Is Using Kushner To Push Project Row

    Jersey City asked a New Jersey federal judge to end a lawsuit by a real estate development firm owned by the family of White House senior adviser Jared Kushner, saying the firm is wrongfully attempting to blame its own contractual failures for a redevelopment project on the mayor's "political animus" toward Kushner's father-in-law, President Donald Trump.

  • September 6, 2018

    Defense Contractor's Owner Indicted For $7M Fraud Scheme

    The Turkish owner of a New Jersey defense contracting business was indicted Wednesday for allegedly duping the U.S. Department of Defense into awarding his company hundreds of contracts for military parts and defense hardware items to the tune of roughly $7 million.

  • September 6, 2018

    3rd Circ. Partially Grants NJ Permits In Pipeline Fight

    A Third Circuit panel on Wednesday upheld federal permits for Transco’s $116 million pipeline upgrade in New Jersey, but said the state was wrong to think federal law preempted its power to hold adjudicatory hearings on the state’s own permits, which must now be held.

  • September 6, 2018

    Pitt Prof's Pay Wasn't Protected Property, 3rd Circ. Told

    The University of Pittsburgh urged the Third Circuit on Thursday to vacate a lower court’s finding that it unlawfully denied a tenured professor the opportunity to defend himself before an impending salary reduction, saying he had no constitutionally protected property interest in a set salary that would have triggered due process rights.

  • September 6, 2018

    Debt Buyer Tells 3rd Circ. It Has No Liability Under FDCPA

    A Third Circuit panel on Thursday pressed a debt-buying business to explain why it wouldn't be vicariously liable for the actions of its contracted debt collector, and thus bound by federal consumer protection law, as it considered whether to allow a suit accusing the business of violating that law to proceed.

  • September 6, 2018

    Ex-Celator Employee Gets Prison For Insider Trading Scheme

    An ex-Celator Pharmaceuticals Inc. employee was slapped with a combined yearlong sentence of prison and home confinement Thursday in New Jersey federal court for his role in an insider trading scheme involving confidential information about the company’s positive test results for a cancer drug and its impending acquisition by Jazz Pharmaceuticals PLC.

  • September 6, 2018

    3rd Circ. Declines To Revive Tribune Race Bias Suit

    A former Tribune Media Co. employee’s decade-old race bias suit hit a fatal hurdle Wednesday as the Third Circuit declined to revive the case, finding that the employee didn’t show enough evidence that he lost his job because of racial discrimination and that he had ample opportunity to do so.

  • September 6, 2018

    State AGs Join Fight Over DOI Flip On Migratory Bird Kills

    Democratic attorneys general from eight states sued the U.S. Department of the Interior in New York federal court seeking to undo its decision not to criminally prosecute individuals and companies for accidentally killing or injuring migratory birds, joining environmental groups that have already challenged the policy about-face.

  • September 6, 2018

    Ex-NJ Employee Can't Get Benefits For Injury On Way To Work

    A New Jersey state appeals court said Thursday that a retired state Department of Education employee did not qualify for a larger disability pension because her injury occurred on her way to work when she sprained her back while removing her car from a snow bank.

  • September 6, 2018

    Hospital Can't Duck Med Mal Suit Over Missing Affidavit

    A couple did not need to submit an expert affidavit to pursue a medical malpractice action alleging that nurses at a New Jersey hospital did not take any action when a tube that was inserted into a woman became dislodged, a state appeals court ruled on Thursday in a published opinion reviving the lawsuit.

  • September 5, 2018

    14 AGs Urge CFPB Not To Back Off Disparate Impact Liability

    A coalition of Democratic attorneys general cautioned the Consumer Financial Protection Bureau on Wednesday against reading disparate impact liability out of the Equal Credit Opportunity Act, calling the legal theory a "critically important feature of antidiscrimination law" that's been backed by the courts and decades of regulatory interpretation.

  • September 5, 2018

    Michigan Man Admits Defrauding $1.4M From Investors

    A Michigan man admitted Wednesday in New Jersey federal court to helping defraud hundreds of investors from around the world of $1.4 million through a sham online day-trading firm, while another man was arrested in Michigan for his alleged involvement in the conspiracy, the U.S. Attorney’s Office has announced.

  • September 5, 2018

    Proposed SALT Rules Don’t Affect Biz Deductions, IRS Says

    Treasury and the Internal Revenue Service said Wednesday that business owners who make payments to nonprofits in exchange for a state tax credit and a federal deduction can continue to do so, and deduct the payments as a business expense.

  • September 5, 2018

    Consumers Who Claim Debt Settler Misled Them Win Cert.

    A New Jersey federal judge has granted class certification in a case against a debt collector accused of misstating to consumers certain IRS tax reporting requirements on forgiven debts.

  • September 5, 2018

    NJ Can't Hear Co.'s Fee Row With Ill. Law Firm, Judge Says

    A New Jersey federal judge on Wednesday tossed a technology company's complaint against an Illinois law firm over nearly $270,000 in legal fees incurred in underlying patent litigation, ruling that the law firm has no ties with the Garden State.

  • September 5, 2018

    Hospital Fee Class Claim Notice Was Adequate, NJ Court Says

    The New Jersey state appeals court on Wednesday refused to overturn the dismissal of a class action accusing six hospitals and a medical records company of charging unlawful fees for certified copies of documents, ruling that the class was given adequate notice of how to file claims.

  • September 5, 2018

    NJ Construction Co. Must Face Accident Suit, Court Says

    A New Jersey appeals court on Wednesday reversed part of a ruling that dismissed a construction worker's personal injury suit against two companies over liability for his fall off scaffolding, finding that the company that supplied the equipment was not at fault but remanding the suit for trial to determine who was in charge of operations at the site.

  • September 5, 2018

    NJ Atty Who Stole From Elderly Consents To Disbarment

    A New Jersey attorney and radio host who copped to stealing millions from elderly clients, some of whom suffered from dementia and had no close relatives to guard their interests, has agreed to disbarment, according to a state Supreme Court order made public Tuesday.

  • September 4, 2018

    Morgan Keegan To Pay Fairfax $20M Over Stock Price Claims

    Fairfax Financial Holdings Ltd. announced Tuesday that for $20 million it agreed to resolve claims it filed against Morgan Keegan & Co. in long-running litigation over an alleged stock market manipulation scheme to lower its share price, while noting its claims against other defendants remain.

Expert Analysis

  • Opinion

    Law360's Global 20 Doesn't Acknowledge Global Networks

    Glenn Cunningham

    While I read with interest Law360's report analyzing the top 20 global law firms of 2018, I also noticed it doesn't tell the whole story. Global networks of independent law firms compare favorably with multinational firms in terms of geographic coverage, legal expertise, and awareness of local cultures and customs, says Glenn Cunningham of Interlaw Ltd.

  • How NJ Law Protects Tenants By The Entirety

    Bruce Buechler

    A New Jersey state appellate court's decision in Jimenez v. Jimenez shows that when dealing with property owned by a husband and wife as tenants by the entirety, New Jersey law can impose very serious ramifications on a judgment creditor’s efforts to collect or levy on that property, says Bruce Buechler of Lowenstein Sandler LLP.

  • Biometrics And Geolocation Legislation: A Midyear Update

    Justin Kay

    In the first half of 2018, technology that determines where you are and who you are garnered significant attention. Less discussed are the legislative efforts underway in the federal government and in many states to regulate these emerging technologies, says Justin Kay of Drinker Biddle & Reath LLP.

  • Guest Feature

    Chris Dodd Talks Dodd-Frank, Nuremberg Trial, Hollywood

    Randy Maniloff

    Attorney Randy Maniloff recently sat down with former Sen. Christopher Dodd at his new office at Arnold & Porter in Washington, D.C. The goal? To discover things we might not know about the author of some of the most important legislation of the last few decades.

  • What Kavanaugh's Writing Tells Us About His Personality

    Matthew Hall

    People with certain personality traits tend to use certain words. A computer analysis of Judge Brett Kavanaugh’s D.C. Circuit opinions reveals that he is highly extraverted, which means that he would be a prominent voice on the U.S. Supreme Court, says Matthew Hall, a professor at the University of Notre Dame.

  • Roundup

    Cities In Distress

    Cities in Distress

    Five years after the city of Detroit filed for Chapter 9 bankruptcy, experts look at the financial troubles of Chicago and other U.S. cities in this special series.

  • Opinion

    3 Pros, 3 Cons Of Litigation Finance

    Ralph Sutton

    An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.

  • How Attorney Discipline Is Evolving In The #MeToo Era

    Bonnie Frost

    In March, the American Bar Association issued a manual to help legal employers and victims fight sexual harassment in the legal profession. While automatic disbarment for sexual misconduct with clients may have been considered too harsh a sanction almost a decade ago, it may be revisited in the current climate, say Bonnie Frost and Kristi Terranova of Einhorn Harris Ascher Barbarito & Frost PC.

  • Series

    Cities In Distress: Municipal Recovery Lessons From Pa.

    Juliet Moringiello

    As we reflect on the five years since Detroit’s bankruptcy filing, Pennsylvania’s experience in intervening in its municipalities’ financial distress provides some useful insights on the problems plaguing municipalities as well as lessons for states, says professor Juliet Moringiello of Widener University Commonwealth Law School.

  • The NJ Jughandle Facing Corporations

    Leah Robinson

    At the beginning of July, the New Jersey Legislature passed a budget bill which has significant implications for virtually all payors of corporation business tax, say attorneys from Mayer Brown.