New Jersey

  • March 7, 2018

    NJ Nail Salon Visit Led To Toe Amputation, Suit Says

    A New Jersey nail salon has been slapped with a lawsuit by a customer who alleges he had to undergo a toe amputation and other surgeries after he contracted an infection from an employee’s illegal use of a razor to remove a callus from his foot.

  • March 7, 2018

    Santander Loses Bid To Escape OT Class Action In NJ

    A New Jersey federal judge on Tuesday rejected Santander Bank NA's bid to toss a putative collective and class action alleging it coerced branch operations managers into not reporting extra hours worked despite their being entitled to overtime pay, saying the lawsuit sufficiently pled a claim for class certification.

  • March 7, 2018

    Valeant Looks To Shake Investment Fund’s State RICO Claims

    Valeant Pharmaceuticals International Inc., several members of its management and auditor PricewaterhouseCoopers LLP asked a Manhattan federal judge to toss three investment funds’ claims that Valeant perpetrated a criminal racketeering scheme through fraud and price-gouging, saying the accusations don't pass muster.

  • March 7, 2018

    NJ Cites Cryptocurrency Co. For Unregistered Securities

    New Jersey has ordered an electronic cash investment vehicle to stop offering allegedly unregistered securities in the state as part of its efforts to crack down on cryptocurrency fraud, the attorney general announced Wednesday.

  • March 7, 2018

    Dem AGs Knock DOL's 'Association Health Plans' Rule

    A coalition of 17 attorneys general from mostly left-leaning states and D.C. submitted joint comments to the U.S. Department of Labor on Tuesday, saying a proposed rule allowing employers to more easily form so-called association health plans would remove important consumer protections and invite fraud. 

  • March 7, 2018

    NJ Judge Reinstated After Charges Of Harboring Beau Tossed

    The New Jersey Supreme Court on Tuesday reinstated a suspended state judge following the dismissal of criminal charges that she hindered the apprehension of her fugitive boyfriend when he was wanted for armed robbery.

  • March 6, 2018

    NJ Insurance Fraud Prosecutor, AG Division Leaders Named

    Three longtime prosecutors have been tapped for leadership roles within New Jersey's Department of Law and Public Safety to oversee civil litigation, criminal prosecutions and insurance fraud matters, the state attorney general's office announced Tuesday.

  • March 6, 2018

    American Airlines Workers Win Cert. In NJ Wage Action

    A New Jersey federal judge on Tuesday granted certification to three subclasses of current and former American Airlines Inc. employees at Newark Liberty International Airport in a class action against the company alleging they were not paid for all the hours they worked.

  • March 6, 2018

    3rd Circ. Gives 'Hybrid' Med Devices New Liability Shield

    The Third Circuit recently ruled that a patient with a so-called hybrid hip replacement can't bring negligence claims against Smith & Nephew because they are preempted by federal law, giving device makers a legal shield for products composed of parts with various levels of regulatory approval.

  • March 6, 2018

    EPA Can't Dodge Del. Pollution Deadline, 3rd Circ. Told

    Delaware urged the Third Circuit on Tuesday to vacate a U.S. Environmental Protection Agency decision to delay action on the state’s petitions seeking to curb pollution seeping across Delaware's border from power plants in nearby states, arguing that the agency can’t escape the statutory 60-day deadline to act.

  • March 6, 2018

    NJ AutoZone Locations Can't Dodge Sexual Harassment Suit

    A New Jersey federal judge denied AutoZone's partial motion to dismiss a suit alleging an employee was subjected to sexual harassment and had her hours reduced after filing a complaint, ruling that the statute of limitations on her claims began when she received a right-to-sue letter and not the date of the violations.

  • March 6, 2018

    Asbestos Suits Not Barred By Ch. 11 Plan, 3rd Circ. Told

    The victims of asbestos-related ailments stemming from a Montana mine operated by bankrupt W.R. Grace told the Third Circuit Tuesday that its claims against the chemical maker’s insurers aren’t barred by its Chapter 11 plan, because they stem solely from the insurers’ alleged misconduct.

  • March 6, 2018

    Ex-Newark Cop Latest To Face Water Agency Kickback Rap

    A federal grand jury indicted a former Newark police officer Tuesday on charges he defrauded a now-bankrupt city water agency and gave kickbacks to its former executive director, who herself has already pled guilty to enriching herself at the agency’s expense along with others.

  • March 5, 2018

    Riker Danzig, Cole Schotz Launch NJ Cannabis Practices

    New Jersey-based firms Cole Schotz PC and Riker Danzig Scherer Hyland & Perretti LLP have launched cannabis practice groups in recent weeks in response to proposed legislation and an executive order by newly minted Gov. Phil Murphy, both of which would expand marijuana business opportunities in the Garden State.

  • March 5, 2018

    J&J Unit Can't Shake $15M Pelvic Mesh Verdict In NJ

    A New Jersey state judge on Monday refused to disturb a $15 million verdict against Johnson & Johnson unit Ethicon in a lawsuit alleging that a pelvic mesh product left a woman in debilitating pain, citing evidence that the business did not warn about certain risks associated with the device.

  • March 5, 2018

    Bad Handwriting Preserves NJ Wrongful Death Suit

    A New Jersey appellate court refused on Friday to dismiss claims against three doctors accused of mistreating a man who later died from a clot that lodged in his lungs, ruling that claims were not time-barred because of misleading and “illegible” hospital records that made it difficult to identify the treating doctors and their roles.

  • March 5, 2018

    NJ Justices To Review Health Club Injury Waiver

    The New Jersey Supreme Court agreed Friday to hear a lawsuit brought by an exerciser who says a release she signed upon joining a health club should not let the gym off the hook for injuries she suffered when a trainer allegedly dropped a dumbbell on her.

  • March 5, 2018

    Pa. Utility Asks High Court To Review $199M Deduction Claim

    A Pennsylvania-based electricity supplier has asked the U.S. Supreme Court to review the Third Circuit’s decision to deny it a $199 million tax deduction, saying that the lower court has effectively authorized the IRS to take actions contradicting the agency’s own rules.

  • March 5, 2018

    NJ Advances Bill Against Silence Terms In Harassment Deals

    New Jersey lawmakers advanced a bill Monday to bar nondisclosure agreements preventing employees from speaking about their settlement of sexual harassment suits, legislation spurred by the outing of workplace misconduct allegations in Hollywood in recent months.

  • March 5, 2018

    NJ County Ends Participation In Feds' Immigration Program

    A New Jersey county announced Friday it will withdraw from a federal program in which corrections officers work to determine the legal status of inmates before notifying federal immigration officials of those suspected of being in the U.S. without authorization.

Expert Analysis

  • 3 Antitrust Cases Drug Companies Should Watch This Year

    Chad Peterman

    Pending cases involving biosimilar competition, the Noerr-Pennington doctrine and claims brought by state attorneys general highlight the need for pharmaceutical companies to assess the antitrust implications of their strategies, say Chad Peterman and Carl Minniti of Paul Hastings LLP.

  • 2017 Health Care Enforcement Review: Materiality Under FCA

    Laurence Freedman

    As expected, the U.S. Supreme Court's Escobar decision triggered a spate of litigation over how to apply the materiality standard in False Claims Act cases. Throughout 2017, the lower courts built upon the standard, but we expect courts to continue to grapple with the issue through 2018, say Laurence Freedman and Jordan Cohen of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • What It Means If States Can Set Medicaid Work Requirements

    Caroline Brown

    In a long-anticipated move, the Centers for Medicare & Medicaid Services recently announced that it will allow states to implement Medicaid work requirements, representing a major shift in the agency's policy. However, the move will only impact a small percentage of the Medicaid population, say Caroline Brown and Philip Peisch of Covington & Burling LLP.

  • Removal In 2017: How Defendants Got To Federal Court

    Brett Clements

    Product liability defendants often seek to remove cases to federal court, because federal jurisdiction means federal pleading standards, robust expert discovery, efficiency through uniform procedural and evidentiary rules and, often, more diverse jury pools. Last year, several cases highlighted the evolving removal landscape and addressed four important questions, say Brett Clements and Amy Rubenstein of Schiff Hardin LLP.

  • America's Shifting Views On Marijuana Post-Cole Memo

    Jonathan Robbins

    Although Attorney General Jeff Sessions' rescission of the Cole memo does not change federal law, negative response to the rescission across the cannabis sector and political landscape was strong, swift and bipartisan, which may lead to congressional action in the future, say Jonathan Robbins and Joshua Mandell of Akerman LLP.

  • NJ’s Evolving Health Care Arena: Trends To Watch In 2018

    John Fanburg

    New Jersey is one of the most competitive and heavily regulated states in terms of health care, making it a good barometer for how the industry is evolving nationally. As physicians and medical groups deal with issues like flat reimbursement from insurance providers and the rapidly rising costs of operating a medical practice, the ways in which doctors deliver health care will continue to change in 2018, says John Fanburg of Brach Eichler LLC.

  • A Guide To Construction Liens In New Jersey

    Excerpt from Lexis Practice Advisor
    Charles Kenny

    A construction lien is a security interest in real property on which construction work has been performed, which stays with the property regardless of who subsequently owns it. These liens can be powerful tools, though they can also be subject to prior liens such as acquisition financing and prior judgments, say Charles Kenny and Scott Kearns of Peckar & Abramson PC.

  • 6 E-Discovery Predictions For 2018

    Erich Potter

    Erich Potter, discovery counsel with Oles Morrison Rinker & Baker LLP, discusses six ways e-discovery will continue to excite and confound in 2018.

  • LGBTQ Protections And Best Practices Under Title VII

    Excerpt from Lexis Practice Advisor
    Darrell VanDeusen

    Over the past two years there has been a seismic shift in the view that sexual orientation and gender identity claims do not fall within Title VII of the Civil Rights Act. Darrell VanDeusen and Alexander Berg of Kollman & Saucier PA analyze how the developing law protects LGBTQ employees at the federal level and provide employer guidance on related issues in the workplace.

  • 6 Roles To Embrace In An Evolving Legal Industry

    Rob MacAdam

    Smart law firms are increasingly positioning professionals to proactively guide them as the legal landscape reshapes itself, harnessing six emerging roles within their organizational charts to embrace new approaches, tools and systems, says Rob MacAdam of HighQ.