New Jersey

  • March 9, 2017

    3rd Circ. Pushed To Revive $176M DuPont Price-Fixing Suit

    The Valspar Corp. on Thursday pushed the Third Circuit to revive a $176 million lawsuit accusing DuPont of conspiring to fix the price of titanium dioxide, arguing that if a lower court ruling stands, it would be impossible to advance price-fixing cases on circumstantial evidence alone.

  • March 9, 2017

    Port Authority Nixes Town's Bid For GWB Scandal Legal Costs

    The Port Authority of New York and New Jersey has refused to reimburse Fort Lee, New Jersey, for about $334,000 in legal expenses related to investigations into the George Washington Bridge lane-closing scandal, saying the borough should instead turn to the individuals convicted in the scheme.

  • March 9, 2017

    Hotel Manager Accused Of Raiding Boss' Savings, Insurance

    A New Jersey hotel manager has been indicted on criminal charges of theft and first-degree money laundering for allegedly stealing $1.09 million from his boss' savings and an insurance payout, the state attorney general said Thursday.

  • March 9, 2017

    NJ Biz's Fee Nonpayment Precluded Arbitration, Justices Say

    The New Jersey Supreme Court on Thursday revived a putative class action against a used-car dealership, finding that the business can't force the matter into arbitration because its failure to pay American Arbitration Association fees constituted a material breach of the parties' dispute resolution agreement.

  • March 9, 2017

    Contractor's Damage Not Covered, Insurer Tells 3rd Circ.

    Travelers Insurance on Thursday told the Third Circuit that it was not responsible for covering damage that a contractor caused to a corn syrup shipment, dismissing the import of a recent New Jersey high court ruling addressing the coverage of faulty work.

  • March 9, 2017

    Drug, Pharma Benefit Cos. Sued Over Insulin Pricing

    Another set of diabetes patients on Wednesday filed a potential class action in New Jersey federal court against Novo Nordisk, Eli Lilly & Co. and Sanofi-Aventis for allegedly conspiring to drive up the price of insulin following pressures from pharmacy benefit managers Express Scripts, CVS Health and OptumRx.

  • March 9, 2017

    Truck Stop Asks 3rd Circ. To End $9M Drug Theft Dispute

    A truck stop chain on Wednesday asked the Third Circuit to affirm the dismissal of a negligence suit brought by AXA Corporate Solutions Assurance after a truck carrying nearly $9 million in pharmaceuticals was stolen at one of its rest stops, saying the insurer didn’t present any new evidence that tighter security at the stop could’ve prevented the theft.

  • March 9, 2017

    Pa. Pipeline Project Can't Be Halted, FERC Told

    A Kinder Morgan Inc. unit on Wednesday urged the Federal Energy Regulatory Commission to reject an environmental group's bid to halt construction of a Pennsylvania pipeline project until a Third Circuit appeal and FERC rehearing request play out, saying the green group is using unfounded delay tactics.

  • March 8, 2017

    Ex-NJ AG Spared Prison Based On Reputation, Attys Say

    A now-infamous United Airlines Inc. bribery scheme may have tarnished the legacy of onetime New Jersey Attorney General and former Port Authority Chairman David Samson, but his long career in government and the private sector still carried enough weight to help him avoid prison, attorneys say.

  • March 8, 2017

    Agent Denies Telling Coin.mx Trial Witness To Take Money

    A U.S. Secret Service agent told jurors Wednesday in the bitcoin-exchange bribery and fraud trial of New Jersey pastor Trevon Gross and tech expert Yuri Lebedev that she would not have told a suspect to “take a nice little bonus” out of the Coin.mx exchange before investigators shut it down.

  • March 8, 2017

    Medical Residents Can Sue Under Title IX, 3rd Circ. Rules

    The Third Circuit on Tuesday revived an unnamed former medical resident’s retaliation suit against Mercy Catholic Medical Center in Philadelphia alleging she was forced out of the program for denying a superior’s sexual advances, finding the hospital is subject to Title IX.

  • March 8, 2017

    Drug Cos., Eye Drop Users Spar Over 7th Circ. Toss

    Pfizer, Merck and others urged the Third Circuit on Wednesday to throw out a suit accusing the drugmakers of boosting prescription eye drop sales by using bottles that dispensed bigger-than-needed drops, arguing that the Seventh Circuit recently tossed similar claims.

  • March 8, 2017

    Pharma Co. Hit With Investor Suit Over Freeze Of Drug Study

    An investor in Scynexis Inc. hit the pharmaceutical company and its executives with a proposed securities class action on Wednesday, alleging that the company misled shareholders over the approval prospects of its lead drug candidate. 

  • March 8, 2017

    Ex-NJ Atty Gets Prison For $40.8M Mortgage Fraud Scheme

    A former New Jersey lawyer was sentenced to four years in prison on Wednesday for tricking lenders into releasing $40.8 million in funds based on fraudulent mortgage loan applications and conspiring to hide the source of the ill-gotten gains, U.S. Attorney Paul J. Fishman announced.

  • March 8, 2017

    Gym Chain's 'Robocalls' Violated The TCPA, 3rd Circ. Told

    The Work Out World Inc. customers who received prerecorded sales calls on their cellphones suffered damages in the form of lost space on their voicemail memory and time spent listening to the messages, an attorney representing the gymnasium’s customers in their putative class action told the Third Circuit Wednesday.

  • March 8, 2017

    Enviros Fight Army Corps OK Of Pa. Pipeline At 3rd Circ.

    The Delaware Riverkeeper on Tuesday urged the Third Circuit to overturn a Clean Water Act permit for a Kinder Morgan Inc. unit's pipeline project in Pennsylvania issued by the U.S. Army Corps of Engineers and asked the Federal Energy Regulatory Commission to halt construction until the appeals court weighs in.

  • March 8, 2017

    3rd Circ. Slams Judges, Revives Inmate's Med Mal Suit Again

    The Third Circuit revived some claims for the third time Tuesday in a prisoner’s suit claiming that multiple prison officials were indifferent to his medical emergencies, and scolded lower court judges for generalizing that all prisoner medical malpractice suits are frivolous.

  • March 8, 2017

    'Walking Dead' Creator Kills TM Suit, Revives Fight At TTAB

    The creator of “The Walking Dead” said Wednesday he would drop a trademark lawsuit over a planned restaurant and merchandise using the show’s name, saying he will instead pursue his claims at the U.S. Patent and Trademark Office, for the time being.

  • March 7, 2017

    NJ Consumers Urge Court To Revive Accutane Litigation

    Counsel for consumers urged a New Jersey appellate panel Tuesday to revive consolidated litigation alleging that Hoffmann-La Roche Ltd.'s acne medication Accutane caused their clients to develop Crohn's disease, arguing that a trial court overstepped its authority in barring their expert testimony and dismissing more than 2,000 cases.

  • March 7, 2017

    NJ Judge Made Clerk Do Son's Homework, Ethics Board Says

    New Jersey's judicial ethics board accused a state superior court judge on Monday of secretly recording meetings, requiring her clerk to work for weeks without pay and asking her clerk to perform nonjudicial tasks, like doing her high school-aged son’s homework.

Expert Analysis

  • New Data Breach Rulings — 4th Circ. Vs. 3rd Circ.

    Karin McGinnis

    On the heels of the Third Circuit’s data breach decision last month in Horizon Healthcare, the Fourth Circuit issued an opinion this week in Beck v. McDonald that weighs in on the standing debate. A few things can account for the differences between the rulings, says Karin McGinnis of Moore & Van Allen PLLC.

  • Don't Overlook Pleading Challenges In State Pharma Suits

    John DeBoy

    The U.S. Supreme Court’s Twombly and Iqbal decisions released a torrent of challenges to the sufficiency of plaintiffs’ pleadings in federal court, including in pharmaceutical product liability cases. This strategy has been less common in state courts, but it can help pharmaceutical defendants narrow the scope of litigation and educate the court on important issues, say John DeBoy and Annie Wang of Covington Burling LLP.

  • Much More Than East Texas Is At Stake In TC Heartland

    Steven Pollinger

    The U.S. Supreme Court’s grant of certiorari in TC Heartland has received a considerable amount of press regarding the potential impact on the Eastern District of Texas's ability to retain patent infringement litigation. But commentators have neglected to address how the overruling of VE Holding would, in many cases, prohibit patent holders throughout the country from filing suit in their home districts, say Steven Pollinger and Yu... (continued)

  • Law Firm Margin Improvement: The Long Game

    Jack Diggle

    For all the lessons learned since 2008, it's surprising that margin management remains so tactical, rather than an ongoing strategic endeavor, for law firms. The firms that will survive and thrive must invest in ongoing margin-improvement capability, which will combine enhanced business- and change-management skills and take a long-term view to drive out the more difficult changes, says Jack Diggle of Elevate Services Inc.

  • 2017 Check-Up: Is Your Law Firm Positioned For Success?

    William G. Johnston

    Over the next few weeks, a slow trickle of news about one measure of law firm success — law firm financial results — will gradually become a flood as more firms open up about their performance in 2016. Law firm leaders would be wise to focus on nine factors that determine success, says law firm management consultant William Johnston.

  • The Missing Key To 3rd-Party Litigation Funding

    Tripp Haston

    Unlike other forms of commerce and unlike in other nations, litigation investment and funding in the U.S. is largely unregulated with few disclosure requirements. Where darkness exists, ignorance and mistrust breed. Disclosure and transparency in litigation investment and funding is the first and proper step to better understand this opaque dynamic in the U.S. civil justice system, says Tripp Haston of Bradley Arant Boult Cummings LLP.

  • Opinion

    The Myth Of The Forceful Mediator

    Jeff Kichaven

    When mediators rely on force to get cases settled, it doesn’t work. It’s time to suggest more productive ways for top-gun litigators and top-flight mediators to engage, says Jeff Kichaven of Jeff Kichaven Commercial Mediation.

  • Opinion

    Love And Law In The Age Of Trump

    Kevin Curnin

    Love is not a subject that lawyers typically devote themselves to professionally. But as we witness this historic transition to a new administration, lawyers in particular are reminded that love is tied, however imperfectly, to our cherished founding ideals, says Kevin Curnin, president of the Association of Pro Bono Counsel.

  • The State Of The Litigation Finance Industry In 2017

    Christopher P. Bogart

    In the United States, the number of lawyers whose firms have used litigation finance has quadrupled since 2013. Even so, too many remain poorly informed, leaving them at a competitive disadvantage and prone to oddly persistent “alternative facts” about litigation finance, says Christopher Bogart, CEO of Burford Capital.

  • 11th Circ. Ruling May Affect Criminal Securities Fraud Cases

    David M. Chaiken

    The Eleventh Circuit's recent decision in U.S. v. Stein could hinder efforts to limit loss estimates in fraud-on-the-market criminal securities fraud cases. The case cemented a firm 5-3 majority circuit split that will undoubtedly weigh heavily on judges who will be confronted with this issue in the four circuits that have yet to address it, say attorneys with Troutman Sanders LLP.