Federal prosecutors are seeking a 30-year prison sentence for Florida ophthalmologist Salomon Melgen, who was found guilty of overbilling Medicare by $32 million, telling the court Tuesday that a lengthy imprisonment is needed to account for his “truly horrific” crimes and to deter similar offenses.
Reverse Mortgage Investment Trust Inc., a New Jersey-based real estate investment trust that originates and services reverse mortgage loans, on Wednesday withdrew an estimated $100 million initial public offering that it filed in 2014, making it the latest issuer to delay or cancel an IPO.
The New Jersey Appellate Division on Wednesday revived a municipal court worker’s bias complaint over a promotion given to a purportedly less qualified female co-worker, ruling that he wasn’t given the opportunity to apply for the position.
The Federal Energy Regulatory Commission told the D.C. Circuit on Monday that an environmental group’s complaint of a structural bias favoring pipeline approval for natural gas companies that fund FERC still fails to overcome the fact that Congress sets FERC’s budget regardless of approvals.
Johnson & Johnson unit Ethicon began selling a pelvic mesh product in 2005 without giving doctors a warning related to patient sexual intercourse, according to testimony Tuesday at a New Jersey state court trial over claims the device caused a woman debilitating pain.
The New Jersey Supreme Court has disbarred a real estate attorney accused of misappropriating more than $56,000 from clients' funds by, among other things, borrowing from a client’s escrow account to pay expenses related to businesses he owned, according to a decision and order posted Tuesday.
A firearms instructor who shot a Pennsylvania state trooper to death during a training exercise isn’t immune from a civil rights suit brought by the trooper’s mother, as the instructor disregarded safety protocols and was indifferent to the fact that he was creating an obvious risk, the Third Circuit said Tuesday.
A Middlesex, New Jersey, pain doctor’s license has been suspended indefinitely after accusations that her “bizarre and inappropriate” behavior, including allegedly threatening a patient with a knife in her waiting room, put patients and co-workers in danger, the state attorney general said Tuesday.
A New Jersey appeals court on Tuesday refused to overturn a shore town’s decision to allow new development on a dilapidated marina damaged by Superstorm Sandy, ruling that officials had given the owner sufficient opportunity to provide rebuttal during public meetings.
Counsel for a woman alleging she has suffered debilitating pain from a pelvic floor support mesh product made by Johnson & Johnson unit Ethicon told a New Jersey jury during Monday opening statements that Ethicon had intentionally blown through safety measures in its greed for sales.
A New Jersey federal judge cited an anticipated U.S. Supreme Court decision in holding off on ruling Monday on whether a former UBS Financial Services Inc. executive can pursue a Dodd-Frank Act claim against the company, but said the whistleblower action could at least proceed under a Florida statute.
New Jersey-based Louis Berger Group Inc. will get up to $860 million to provide temporary electricity to hurricane-devastated Puerto Rico and the U.S. Virgin Islands, the U.S. Department of Defense has announced.
The Third Circuit on Friday clarified that an employee’s negotiating power over pension benefits isn’t a factor in whether an employer’s plan for high-earning employees qualifies for an ERISA exemption, issuing a precedential decision on a topic that’s divided federal appeals courts mulling deferred compensation plan disputes.
Pfizer Inc. and generic-drug maker Ranbaxy Inc. have asked the U.S. Supreme Court to review a decision by the Third Circuit to revive allegations in multidistrict litigation accusing Pfizer of making an illegal reverse payment to keep Ranbaxy’s generic version of cholesterol drug Lipitor off the market, saying antitrust scrutiny isn’t appropriate for “commonplace” and “traditional” settlements such as the one at issue.
A New Jersey federal judge on Monday tossed a putative class action against Kohl’s Department Stores Inc. over text messages sent to customers, rejecting a consumer's assertion that the retailer unlawfully texted her after she sent sentence-long opt-out messages rather than any of the single-word commands suggested by the business.
The New Jersey Conservation Foundation has leveled a constitutional challenge against the Federal Energy Regulatory Commission’s gas pipeline approval process, alleging in a lawsuit that the agency doesn’t ensure that the private land it authorizes companies to take for such projects is for public use.
A putative class of laid-off AT&T Inc. employees on Tuesday urged a New Jersey federal court not to toss two members’ claims in an age discrimination suit, arguing that the telecommunications company wrongly asserted that their class claims have no reason to be in New Jersey.
The former chief financial officer of an orthopedic care provider admitted in New Jersey federal court to stealing more than $1.1 million from the business and spending it on gambling, golf and other unauthorized expenses, authorities said Wednesday.
As the work of reforming the federal tax code took a temporary timeout for Thanksgiving, opponents of legislation that would fully or partly eliminate deductions for state and local taxes didn’t let up in their fight, despite increasingly long odds they would succeed in changing lawmakers' minds when they return from their break.
A New Jersey business owner on Tuesday asked the Third Circuit to reverse a judgment against him for $1.94 million owed in income and employment taxes, saying issues of material fact remained as to whether he willfully caused the taxes not to be paid.
Christopher Scalia and Edward Whelan have published an indispensable collection of the late Justice Antonin Scalia's best speeches. "Scalia Speaks: Reflections on Law, Faith, and Life Well Lived" puts on full display Justice Scalia’s skilled writing, quick wit and uncommon wisdom on a wide range of topics — from law to turkey hunting, says Judge William Pryor of the Eleventh Circuit.
After the Third Circuit's recent decision in the Asbestos Products Liability Litigation case, manufacturers within the court's jurisdiction should not expect claims against them to be dismissed under a “bare metal" defense, unless they can show that they could not have known that asbestos would later be added to their products, says Cory Lapin of Manion Gaynor & Manning LLP.
While few depositions feature such entertaining colloquies by counsel as are found in Corsini v. U-Haul, obstructive conduct at depositions continues to run rampant in many circles. And courts are increasingly open to taking a greater role in policing improper conduct, say Mark Shifton and Mila Shtelmakher of Seiger Gfeller Laurie LLP.
Financial Crisis Anniversary
The role of the general counsel has significantly grown in importance, with the GC now often replacing the senior partner in the outside law firm as the primary counselor for the CEO and the board. This inside counsel revolution was given great impetus by the financial crisis that started 10 years ago, says Ben Heineman Jr., former general counsel of General Electric Co.
Recent biosimilars cases have raised questions regarding whether the Hatch-Waxman Act safe harbor provision protects commercial stockpiling. Though there is surprisingly little case law on this issue, the existing case law supports that stockpiling is at least partially protected, say attorneys with Haynes and Boone LLP.
Last week, the Third Circuit delivered a win for employees with its decision in Secretary U.S. Department of Labor v. American Future Systems, which said the company's rest break policy violated the Fair Labor Standards Act. And, in a fun Friday-the-13th twist, the court managed to cite the "Harry Potter" books while authoring its opinion, says Ashley Falls of Falls Legal.
Today's law firm chief financial officer should be involved in many areas beyond traditional financial management, including operations, risk management and information technology. He or she can support strategic planning throughout the process, from development of the plan to its implementation, measurement and eventual evolution, say Tyler Quinn and Marc Feigelson of Kaufman Rossin PA.
Clients are beginning to expect and demand that their external lawyers provide advice tailored to the client's industry. Aside from this, law firms should want to move toward a sector approach because industry-focused groups are a natural place for cross-practice collaboration to flourish, say Heidi Gardner and Anusia Gillespie of Harvard Law School.
In U.S. v. Dish Network, currently on appeal to the Tenth Circuit, the district court awarded statutory damages of $280 million in favor of the U.S. and the four plaintiff states. Buried among the thousands of pages of interlocutory orders issued by the district court is a warning that should be heeded by all parties that are the subjects of governmental investigations, say attorneys with Troutman Sanders LLP.
When a witness says one thing in a deposition, but later offers an affidavit directly contradicting the prior testimony, with no credible explanation, the U.S. Supreme Court has held that the affidavit should be disregarded. James Beck of Reed Smith LLP offers a survey of significant medical product liability cases in which both plaintiffs' experts and plaintiffs themselves have contradicted their own prior statements.