New Jersey

  • June 14, 2017

    Wells Fargo Sued Over Alleged Scandal-Related Firings

    Two former employees at Wells Fargo branches in New Jersey have hit the banking giant with separate lawsuits in state court alleging they were wrongfully discharged for refusing to take part in opening phony accounts without customers' consent, adding to litigation against the bank over the nationwide scandal.

  • June 14, 2017

    Sears Wins Arbitration Bid In TCPA Suit Over Text Messages

    A New Jersey federal judge on Tuesday approved Sears' bid for arbitration in a proposed class action claiming it "bombarded" consumers with automated promotional text messages in violation of the Telephone Consumer Protection Act, ruling that Sears clearly spelled out contract terms in its marketing program.

  • June 14, 2017

    NJ Towns, Counties Breached $9M Salt Contract, Suit Says

    Dozens of New Jersey public entities were slapped with a federal lawsuit Monday alleging they breached a $9.3 million purchase agreement to buy minimum amounts of rock salt from an Indiana-based supplier.

  • June 14, 2017

    NJ Atty Sued For Malpractice Over Biz Immigration Matters

    An immigration attorney has been slapped with a legal malpractice action in New Jersey state court by an information technology business alleging that the lawyer mishandled immigration matters dealing with company employees, leading to unnecessary delays, lost profits and other damages.

  • June 13, 2017

    Ex-Atty Beats Money Laundering Count In $1.5M Theft Case

    A New Jersey state appeals court on Tuesday affirmed a trial court's dismissal of a money laundering charge from a 19-count indictment against a disbarred attorney accused of stealing more than $1.5 million from his clients, finding that the state has not produced evidence of that offense.

  • June 13, 2017

    Horizon Omnia Plan Row Tossed Back To NJ State Court

    A New Jersey federal judge on Tuesday tossed a complaint alleging Horizon’s tiered coverage plan discriminates against chiropractors back to state court, where it was originally lodged, ruling that federal health care law behind one of the claims doesn’t allow private parties to bring suit.

  • June 13, 2017

    FedEx Wage Settlement Objectors Lose Bid For Fees

    An Indiana federal judge refused to award nearly $400,000 in attorneys’ fees to a group of FedEx drivers who objected to a roughly $25 million deal settling claims that they were misclassified as independent contractors and underpaid, saying the objectors’ conduct was “vexatious” and didn’t change the outcome.

  • June 13, 2017

    Paintball Seller Escapes Bid To Arbitrate Payment Spat

    A New Jersey federal judge declined Monday to force a Hong Kong-based export and wholesale company to arbitrate its claims that a New Jersey sporting goods company owes it more than $100,000 for paintball supplies, saying the evidence presented so far sheds doubt on the validity of an arbitration agreement.

  • June 13, 2017

    Christie Taps 5 Attys For NJ Judgeships

    New Jersey Gov. Chris Christie on Tuesday nominated five attorneys for judicial posts in the state, including a county prosecutor for the state Superior Court bench and a McCarter & English LLP attorney for an administrative law judgeship.

  • June 13, 2017

    Ex-Broker Can't Rehash Claims Against Law Firm: NJ Court

    The New Jersey Appellate Division affirmed Tuesday that most of a fired investment broker’s legal malpractice claims against a Garden State law firm can't be litigated in court because he had already sought the same damages in a separate action heard by an employment arbitration panel.

  • June 13, 2017

    UBS Says Fired Adviser Not Whistleblower Under Dodd-Frank

    UBS Financial Services Inc. urged a New Jersey federal court on Monday to toss a former financial adviser’s wrongful termination suit, saying that the ex-employee can’t claim his firing was unlawful retaliation for whistleblowing because he wasn’t actually a whistleblower.

  • June 13, 2017

    Phyllis Schlafly's Son Urges Payment Of $3M Life Insurance

    A son of late conservative leader Phyllis Schlafly urged a New Jersey federal court Monday to order an insurer to distribute more than $3 million in proceeds under two insurance policies on his mother's life, saying other, unrelated litigation was not a legitimate basis for the company to withhold payments.

  • June 12, 2017

    Justice Ginsburg On Diversity And Persuading Her Colleagues

    Justice Ruth Bader Ginsburg discusses what it means to have three women on the court, the aftermath of hostile Senate confirmation fights, and why justices sometimes do the unexpected, in the first of two articles based on an exclusive interview with the feminist icon.

  • June 12, 2017

    BIA Must Review Athlete's Asylum Denial, 3rd Circ. Says

    An immigration judge’s frequent interruptions, digressive questions and generally hostile tone prevented a Salvadorian soccer player from properly making his case for asylum, the Third Circuit ruled on Monday, granting the player’s review petition.

  • June 12, 2017

    Ex-Dancer's Counsel OK'd To Exit From 'Sopranos' Club Suit

    A New Jersey federal court on Monday approved a bid from two firms to withdraw as counsel for a former dancer in her putative class action against the strip club featured on “The Sopranos” TV series and another club, because she had not responded to her attorneys' emails and phone messages.

  • June 12, 2017

    'Housewives' Star's Ex-Atty Loses Appeal Over Ch. 7 Deal

    A New Jersey federal judge on Monday affirmed a bankruptcy settlement allowing a formerly incarcerated star of “The Real Housewives of New Jersey” and her Chapter 7 trustee to pursue a malpractice suit against her former attorney, finding the lawyer didn’t have standing to challenge the settlement.

  • June 12, 2017

    NJ Craft Beer Maker Fined $2M Over Sales, Invoice Violations

    A New Jersey craft beer wholesaler has agreed to pay the state $2 million to resolve allegations it violated state competition law by selling tap systems at below fair-market prices, misrepresenting charges on invoices and ignoring credit regulations for at least 700 customers, state authorities announced Monday.

  • June 12, 2017

    NJ Developer Defeats Challenge To Retail, Housing Units

    The New Jersey Appellate Division on Monday affirmed Dunellen Borough’s approval of a plan for a downtown development, ruling that a neighboring business failed to prove the plan would overburden their shared parking area and that housing was prohibited on the parcel.

  • June 12, 2017

    Essex County Prosecutor Advanced For NJ Judgeship

    The acting Essex County, New Jersey, prosecutor vowed to serve “honorably and ably” as a state judge on Monday before New Jersey's Senate Judiciary Committee approved her nomination for a seat on the Superior Court bench.

  • June 12, 2017

    NJ Panel Affirms Hair Exec's Firing And His Shareholder Claim

    The New Jersey Appellate Division on Friday ruled that a hair products company rightfully terminated a former executive for alleged sexual harassment, but that he was entitled to a judgment for shareholder profits because of his colleagues’ financial mismanagement, along with more than nine times that amount in attorneys' fees.

Expert Analysis

  • What Lawyers Should Know To Avoid Online Scams

    J. S. Christie Jr.

    Scams resulting in access to confidential information are probably a lawyer’s greatest technology and cybersecurity risk. But hackers are more likely to gain access to a lawyer’s computer systems through human error, usually responding to a scam, than a brute force attack, says J. S. Christie Jr. of Bradley Arant Boult Cummings LLP.

  • Free Speech At Private Universities: Protected Or Not?

    M.C. Sungaila

    Although the First Amendment prohibits the government from infringing on free speech rights, it does not prevent private persons or entities from doing so. Thus, students at private universities have fewer free speech protections than those at public universities. But state laws and university policies may still provide legal cover for students at private institutions, say attorneys from Haynes and Boone LLP.

  • Herding Cats: Making The Most Out Of A Joint Defense Group

    Audra Dial

    Audra Dial, managing partner for Kilpatrick Townsend LLP’s Atlanta office, shares four strategies that she believes make multidefendant litigation more efficient — and ensure the joint defense group does not devolve into a leaderless group.

  • Negligent Undertaking Liability Only Goes So Far

    Michelle Yeary

    In Nelson v. Biogen, now before a federal court in New Jersey, the plaintiff's initial claims were preempted by state law. So he amended his complaint to add negligent undertaking, related to the defendants' contract with a government agency. It would represent an unprecedented expansion of liability to thereby create third-party negligence obligations to nonparties, says Michelle Yeary of Dechert LLP.

  • Web Servers: An Overlooked Cybersecurity Risk At Law Firms

    Jeff Schilling

    Many law firms use public-facing websites for business development and to streamline operational processes. While these sites are great for maximizing information-sharing, they could unknowingly be an unlocked gateway into a firm’s most confidential data, says Jeff Schilling of Armor Defense Inc.

  • The Mediator’s Proposal As A Tool For Litigants

    Dennis Klein

    Mediators’ proposals, which call for an unconditional and confidential acceptance or rejection, are resolving high-value disputes on a regular basis. Dennis Klein of Critical Matter Mediation examines why this is happening and the tactical implications for litigants in anticipating that a mediator’s proposal could resolve litigation.

  • A Hollow Win For Ride-Sharing Cos. On Unionizing Drivers

    Daniel Handman

    When a federal judge in Seattle recently enjoined the city from enforcing parts of an ordinance allowing ride-sharing drivers to unionize, it was hailed as a major victory for a badly beaten industry. But that victory may prove to be fleeting, says Daniel Handman of Hirschfeld Kraemer LLP.

  • Expectations After The Trump Administration's First 100 Days

    Jim Flood

    In its first 100 days, the Trump administration has had mixed results and may be behind where it wants to be. The biggest threat to President Donald Trump’s domestic policy agenda beyond the first 100 days is the difficulty of reconciling the Freedom Caucus Republicans, moderate Republicans and Democrats, say Jim Flood and Cari Stinebower of Crowell & Moring LLP.

  • How Privilege Applies To Multinationals' In-House Counsel

    Devika Kewalramani

    How does attorney-client privilege apply to an international company with corporate legal departments at a U.S. parent and at foreign subsidiaries? When does it attach to communications between such entities? These questions were the subject of a recent decision by a New Jersey federal court. The court's opinion provides real-world guidance to both in-house and outside counsel, say attorneys from Moses & Singer LLP.

  • The 9-Year Winning Streak Of Virginia ‘Rocket Docket’

    Bob Tata

    Out of 94 district courts, the Eastern District of Virginia has been the fastest civil trial docket in the country for nine straight years. Without micromanaging the process, the EDVA's judges, magistrate judges, and clerks and staff continue to perform at a stunningly efficient level, says Bob Tata of Hunton & Williams LLP.