New Jersey

  • 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.

  • August 7, 2017

    Gov't Urges Quash Of Menendez Subpoenas On Agencies

    Prosecutors urged a New Jersey federal court on Monday to quash subpoenas served on federal agencies by Sen. Bob Menendez and a Florida ophthalmologist for documents in preparation for their upcoming corruption trial, saying the "overly broad and unduly burdensome" requests were seeking irrelevant material.

  • August 7, 2017

    First-Ever Spoofing Conviction Upheld By 7th Circ.

    The Seventh Circuit on Monday upheld the first-ever conviction for a market manipulation tactic known as "spoofing," ruling against a New Jersey futures trader and becoming the first federal appellate court to provide guidance on the crime.

  • August 7, 2017

    NJ Law Boosts Bias Protections For Military Personnel, Vets

    New Jersey Gov. Chris Christie on Monday signed into law bipartisan legislation that gives military personnel and veterans increased protections from discrimination while at work, when applying for mortgages and in other situations.

  • August 7, 2017

    BASF Can't Nix NJ Town's Expert In Superfund Site Tax Row

    A New Jersey Tax Court judge has ruled that BASF Corp. can't boot a municipality’s expert witness before trial in a challenge of a contaminated parcel's tax assessment, reasoning that a land development planning professional isn’t necessarily less qualified than a licensed real estate appraiser to weigh in on a zoning question.

  • August 7, 2017

    Ford Ducks NJ Fraud Claims In Fuel Tank Defect Suit

    Ford Motor Co. on Friday beat the last remaining claim in a proposed class action claiming that the automaker purposefully kept diesel truck and van buyers in the dark about an alleged fuel tank defect, as a New Jersey federal judge found that Ford wasn’t required to disclose the problem.

  • August 4, 2017

    3rd Circ. Won't Exempt Secular Group From ACA Mandate

    A split Third Circuit panel said in a published decision on Friday that nonreligious entities don't qualify for an exemption to the contraceptive mandate of the Affordable Care Act, while also finding in a matter of first impression that individual employees can’t claim the mandate violates their rights under the Religious Freedom Restoration Act.

Expert Analysis

  • 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.

  • No 'Real Intention To Prosecute' Means Fraudulent Joinder

    Steven Boranian

    The Eastern District of Pennsylvania recently entered a fraudulent joinder order that is worth highlighting. Fraudulent joinder is a type of forum manipulation seen all too often. The order in this case is the right result for the right reason, and the standard applied is one that courts should apply more broadly, says Steven Boranian of Reed Smith LLP.

  • Weekly Column

    Innovating For Wise Juries: Interim Arguments

    Roy Futterman

    By allowing attorneys to summarize what has just occurred in testimony and how it fits into the wider case narrative, courts can substantially improve juror comprehension through every step of a trial. Yet interim arguments are not practiced regularly, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Unstructured Data Is Just The Tip Of The Iceberg

    David Turner

    Recent amendments to the Rules of Civil Procedure mean issues like spoliation, sanctions and adverse impacts are focus areas for many attorneys, providers and clients. David Turner of FTI Consulting Inc. discusses the technological best practices regarding preservation and proportionality, as well as the challenges associated with clients' structured data.

  • 5 Questions To Ask Firm Before Accepting A Litigation AFA

    Gregory Lantier

    Outside counsel experienced with alternative fee arrangements will have many war stories regarding successful — and less successful — fee arrangements. Asking outside counsel to share these experiences can provide useful insight into the strength of a proposed AFA, say attorneys with WilmerHale.

  • Opinion

    Why You Should Argue Your Appeal

    Stewart Milch

    Conventional wisdom says that oral argument is a mere formality; that in courts where judges read briefs in advance, their minds are made up and will rarely — if ever — change. But conventional wisdom notwithstanding, oral argument can be critical, says Stewart Milch of Goldberg Segalla LLP.

  • 6 Ways Teaching A Law School Class Can Benefit Lawyers

    Steven Allison

    Though teaching a law school class may be one of the last things on a busy practitioner's to-do list, it's a misconception that teaching will benefit only those who are looking to leave the practice of law and enter academia. It also offers several practical benefits, especially for more junior lawyers looking for stand-up experience, say Steven Allison and Samrah Mahmoud of Crowell & Moring LLP.