New Jersey

  • November 29, 2017

    Feds Seek 30 Years For Fla. Eye Doc's $32M Medicare Fraud

    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.

  • November 29, 2017

    New Jersey REIT Reverse Mortgage Pulls $100M IPO

    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. 

  • November 29, 2017

    NJ Panel Revives Court Worker's Bias Claim Over Promotion

    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.

  • November 28, 2017

    No Basis For FERC Pro-Pipeline Bias Claims, DC Circ. Told

    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.

  • November 28, 2017

    J&J Unit Didn't Provide Pelvic Mesh Warning, Witness Says

    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.

  • November 28, 2017

    NJ Atty Who Spent Client Funds On Businesses Disbarred

    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.

  • November 28, 2017

    3rd Circ. Says Firearms Teacher Can Be Sued In Cop Killing

    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.

  • November 28, 2017

    NJ Doc Loses License On Allegations Of Threatening Patients

    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.

  • November 28, 2017

    Marina Redevelopment Ruling Was Proper, NJ Court Says

    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.

  • November 27, 2017

    J&J Unit Put Pelvic Mesh Profit Over Safety, NJ Jury Told

    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.

  • November 27, 2017

    UBS Whistleblower Claim Paused Ahead Of High Court Ruling

    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.

  • November 27, 2017

    Louis Berger Wins $860M Power Supply Contract In Caribbean

    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.

  • November 27, 2017

    3rd Circ. Upholds Dismissal Of 'Top-Hat' Plan ERISA Suit

    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.

  • November 27, 2017

    Pfizer Wants Justices To Review Lipitor Antitrust Ruling

    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.

  • November 27, 2017

    Kohl's Beats Suit Over Texts That Followed Opt-Out Requests

    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.

  • November 27, 2017

    NJ Enviros Challenge FERC's Pipeline Approval Process

    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.

  • November 22, 2017

    Ex-AT&T Workers Fight To Keep Age Discrimination Suit In NJ

    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.

  • November 22, 2017

    Ex-Health Care CFO Admits Stealing $1.1M From Company

    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.

  • November 22, 2017

    Cities And States Brace For Loss Of SALT Deductions

    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.

  • November 22, 2017

    NJ Biz Owner Asks 3rd Circ. To Overturn $1.9M Tax Ruling

    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.

Expert Analysis

  • Series

    Judging A Book: Pryor Reviews 'Scalia Speaks'

    Judge William Pryor

    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.

  • How The 3rd Circ. Stripped Down The 'Bare Metal' Defense

    Cory Lapin

    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.

  • Testing Judicial Control Over Attorney Conduct At Depositions

    Mark Shifton

    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 Inside Counsel Revolution

    Ben Heineman

    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.

  • Stockpiling Biologics Under Hatch-Waxman Protection

    Paul Dietze

    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.

  • A Magical Surprise Hidden In 3rd Circ. Rest Break Opinion

    Ashley Falls

    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.

  • The Law Firm CFO’s Role In The Strategic Planning Process

    Tyler Quinn

    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.

  • Law Firms Must Transition To An Industry Sector Approach

    Heidi Gardner

    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.

  • Navigating The Pitfalls Of Civil Investigative Demands

    Chris Browning

    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.

  • Sham Affidavits In Medical Product Liability: Part 2

    James Beck

    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.