New Jersey

  • September 27, 2017

    Ex-Senator Says He Met With Doctor At Menendez's Request

    Former Sen. Tom Harkin testified Wednesday at the bribery trial of Sen. Bob Menendez and a Florida ophthalmologist that he met with them in 2011 at the senator's request to discuss an $8.9 million Medicare overbilling dispute involving the physician, saying he was only asked to attend the meeting and listen to the doctor.

  • September 27, 2017

    Halloween Costume Maker Spooked By Alleged Kmart Rip-Off

    A New Jersey-based costume maker known as Rasta Imposta claims Kmart is infringing its copyright by peddling an imposter banana suit this Halloween season, according to a complaint filed Wednesday.

  • September 27, 2017

    Del., Maryland Sue EPA To Enforce Good Neighbor Provisions

    Delaware told the Third Circuit on Tuesday that the U.S. Environmental Protection Agency ran afoul of the law when it failed to act on petitions seeking to force the agency to curb pollution seeping across Delaware's border from power plants in neighboring states, with Maryland filing its own suit over unanswered petitions.

  • September 27, 2017

    Foley & Lardner Faces DQ Bid In IP Suit Against Patent Atty

    Slot machine game maker High 5 Games urged a New Jersey federal judge Tuesday to disqualify Foley & Lardner LLP from representing a former in-house patent attorney who allegedly stole H5G’s trade secrets, arguing that Foley & Lardner has accused its own client of committing perjury and can’t represent him.

  • September 27, 2017

    FTC Strikes Deal Over Integra's $1B Offer For J&J Unit

    Integra LifeSciences and Johnson & Johnson have struck a preliminary deal to sell off five neurosurgical medical device product lines to assuage the Federal Trade Commission’s concerns that the New Jersey company’s $1 billion bid to buy Codman Neurosurgery would severely limit competition in neurosurgical device markets, the agency announced Wednesday.

  • September 27, 2017

    3rd Circ. Won’t Revisit Pa. $143M Pipeline Permit Ruling

    The Third Circuit said Tuesday it won’t revisit its August rejection of an environmental group’s challenge to Pennsylvania water permits issued for a Kinder Morgan unit’s $143 million natural gas pipeline, refusing to hear claims that the decision conflicted with one the circuit had made a week earlier.

  • September 27, 2017

    Judge Orders Beauty Co. To Stop Selling Unapproved Drugs

    A New Jersey federal judge on Tuesday ordered a beauty products company to recall or stop selling certain products that were not approved by the U.S. Food and Drug Administration.

  • September 26, 2017

    Menendez Threatened Hearing, State Dept. Official Testifies

    Sen. Bob Menendez threatened to hold a hearing on port security in the Dominican Republic unless the U.S. Department of State came up with a solution related to a contract dispute between the government of the Caribbean nation and a Florida ophthalmologist, according to testimony Tuesday at the senator's and doctor's bribery trial in New Jersey federal court.

  • September 26, 2017

    Feds Charge 2nd Man In $1M Overseas Investment Loan Scam

    New Jersey federal prosecutors unsealed charges Tuesday against a second man they say took part in a plot to swindle the Overseas Private Investment Corp. by diverting the bulk of $1 million meant to fund a Liberian bus company into the pockets of its U.S. backers.

  • September 26, 2017

    Ex-Exec Can’t Revive Whistleblower Suit Against Pickle Co.

    A New Jersey appellate court affirmed Tuesday a trial court's decision favoring Pinnacle Foods Group LLC in a food scientist's whistleblower suit claiming he was fired after challenging quality control and labeling problems and bogus financial figures, saying he voluntarily resigned and didn’t have an actionable claim.

  • September 26, 2017

    NJ Justices Won't Hear Atty's Public Benefits Bid

    The New Jersey state supreme court has declined to hear a case brought by a New Jersey attorney arguing that his work for the government made him eligible for public retirement benefits.

  • September 26, 2017

    Broker Wasn't Obliged To Offer More Flood Coverage: Court

    The New Jersey Appellate Division has declined to disturb a lower court judge’s finding on reconsideration that an insurance broker wasn’t obligated to suggest additional flood coverage for a couple’s beachfront properties, reasoning on Tuesday that the judge properly considered relevant case law when he reviewed his earlier decision.

  • September 26, 2017

    Deals Rumor Mill: IQiyi, Alvogen, JC Flowers

    An IPO of Baidu's video streaming service could take place early next year and value the business at up to $10 billion, CVC may sell a New Jersey-based generic-drug maker worth roughly $4 billion, and J.C. Flowers is looking to sell a stake in Japan's Shinsei Bank.

  • September 26, 2017

    NJ Panel Says Witness Ruling Won't Sink Med Mal Suit

    The New Jersey Appellate Division on Tuesday revived a colonoscopy patient’s medical malpractice suit that was tossed over a purportedly unqualified expert witness, ruling that the dismissing judge improperly deferred to a previous judge’s ruling on the issue.

  • September 26, 2017

    Trump Taps NJ Motor Vehicle Chief To Lead FMCSA

    President Donald Trump will nominate the chairman and chief administrator of the New Jersey Motor Vehicle Commission to be the head of the Federal Motor Carrier Safety Administration, the nation’s safety regulator for commercial motor vehicles, the White House said Tuesday.

  • September 25, 2017

    Menendez Friend's Atty Threatened Fed. Agency, Witness Says

    A lawyer for a Florida ophthalmologist was referring to Sen. Bob Menendez when he told U.S. Department of Commerce officials that the physician's “politically influential friends” could cause problems for the agency if the physician felt he was not being served well, a department official said Monday at the doctor and senator's bribery trial.

  • September 25, 2017

    NJ Lawmakers Call On Feds To Help Fund $13B Transit Project

    New Jersey lawmakers on Monday raised concerns about securing federal money for a planned $13 billion transportation infrastructure overhaul they described as critical for the Northeast Corridor’s economy but so far hasn’t received a funding pledge from the Trump administration.

  • September 25, 2017

    Pension Fund Seeks Quick Win In Caesars Arbitration Case

    A union pension fund, saying it is protected by U.S. pension law, urged a New Jersey federal court on Friday to toss a suit brought by Caesars Entertainment Corp., which is seeking to nix an arbitration award by arguing it was unfairly penalized when it partially withdrew from the fund after closing its Showboat Atlantic City casino.

  • September 25, 2017

    BIA Erred In Reviewing Credibility In Asylum Case: 3rd Circ.

    The Board of Immigration Appeals erred by reversing an immigration judge’s determination in an asylum case that a deportable Uzbeki native credibly testified that he had not watched terroristic videos against the United States, the Third Circuit held on Monday.

  • September 25, 2017

    3rd Circ. Says Maritime Law Applies To Del. River Yacht Brawl

    The Third Circuit on Monday ruled in a precedential decision that maritime jurisdiction does apply in a case over the liability of a river boat cruise company for a drunken brawl in which several passengers were injured, saying that an altercation during docking could potentially disrupt maritime commerce and thus maritime jurisdiction was triggered.

Expert Analysis

  • CERCLA’s Jurisdictional Bar To Medical Monitoring Claims

    Thomas Manakides

    Medical monitoring claims against the U.S. Navy have recently foundered on the shoals of the Comprehensive Environmental Response, Compensation, and Liability Act’s jurisdictional rules. If affirmed, Giovanni v. U.S. Department of the Navy, a case currently pending appeal to the Third Circuit, will set the Third Circuit on course to split with the Ninth Circuit, say Thomas Manakides and Alexander Swanson of Gibson Dunn & Crutcher LLP.

  • 5 Tips For A Successful Legal Blog

    David Coale

    David Coale, leader of the appellate practice at Lynn Pinker Cox & Hurst LLP, shares his insights into what works — and what does not — when setting up and maintaining a legal blog.

  • Maintaining The Integrity Of Physician-Owned Practices

    John Fanburg

    Two recent cases in New York and New Jersey will impact how medical practice transactions should be structured in the future. New Jersey and New York courts may find fraud if they believe the purpose of a contractual agreement or transaction is to extract profits out of a practice, says John Fanburg of Brach Eichler LLC.

  • DTSA Developments Raise Inadvertent Disclosure Questions

    Victoria Bruno

    In Fres-co Systems v. Hawkins, the Third Circuit recently applied what appears to be the inevitable disclosure doctrine. The opinion did not distinguish between the plaintiff’s claims under the Defend Trade Secrets Act and the Pennsylvania Uniform Trade Secrets Act, so the mere threat of misappropriation may be sufficient under both statutes to warrant granting a preliminary injunction, say attorneys with Womble Carlyle Sandridge & Rice LLP.

  • Opioid Litigation: What’s On The Horizon

    David Schwartz

    As prescriptions for pain-suppressing opioids have soared, some have speculated that litigation will follow. Such litigation could take various forms, including personal injury lawsuits making design defect and/or failure-to-warn claims, consumer fraud actions, and more. Manufacturers and retailers should take steps now to protect themselves, say authors from Innovative Science Solutions and Locke Lord LLP.

  • Series

    Judging A Book: Kopf Reviews Posner's 'Federal Judiciary'

    Judge Richard Kopf

    There is a wonderful sketch of Seventh Circuit Judge Richard Posner dressed in a black robe with arms outstretched as if they were the billowing wings of a lean vulture. He is kicking a human brain down a hallway and wearing a half-smile that looks for all the world like a sneer. That sketch is the perfect metaphor for both Judge Posner and his new book, "The Federal Judiciary: Strengths and Weaknesses," says U.S. District Judge Ri... (continued)

  • What Providers Need To Know About NJ's Telemedicine Law

    Nathaniel Lacktman

    New Jersey's latest telemedicine law, effective last month, cements the validity of telehealth services, establishes practice standards and imposes telehealth coverage requirements for state-funded health insurance. Passage of this legislation is welcome news for companies and health care providers looking to offer telemedicine services in New Jersey, says Nathaniel Lacktman of Foley & Lardner LLP.

  • The Use Of Special Masters In Complex Cases

    Shira Scheindlin

    Special master appointments can be very beneficial in resolving disputes quickly, streamlining discovery, handling delicate settlement negotiations, and — somewhat surprisingly — reducing cost and delay, says retired U.S. District Judge Shira Scheindlin, now with JAMS.

  • Roundup

    Notes From A Law Firm Chief Privacy Officer

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    As more law firms become the targets of major cyberattacks, more firms may consider appointing a chief privacy officer. In this series, CPOs at four firms discuss various aspects of this new role.

  • Zero Emissions Credit Litigation: The Road Ahead

    Gordon Coffee

    Last month, federal courts dismissed challenges to zero emissions credit programs in Illinois and New York. But as the plaintiffs appeal, an issue with broad consequences for the energy industry looms: whether anyone other than the Federal Energy Regulatory Commission can ask a federal court to declare that state programs affecting wholesale energy markets are preempted, say Gordon Coffee and Tyson Smith of Winston & Strawn LLP.