New Jersey

  • July 6, 2017

    Tropicana Adds Chelsea Hotel To Atlantic City Casino

    Tropicana Entertainment Inc.'s Atlantic City, New Jersey, subsidiary has acquired the Chelsea Hotel in what a company executive hailed Thursday as a success story for the formerly bankrupt business, which operates one of the seven remaining gaming halls in the formerly 12-casino shore town. 

  • July 6, 2017

    $5.5M Google Privacy Deal Is Unfair, 11 AGs Tell 3rd Circ.

    Eleven state attorneys general urged the Third Circuit on Wednesday to reverse approval of a $5.5 million settlement that allows Google Inc. to make payments to several entities to resolve consumer privacy claims, arguing that the payments should go to the class members who received nothing from the deal.

  • July 6, 2017

    Actavis Reaches Deal With Vivus Over Obesity Drug Patents

    Vivus Inc. said Wednesday it reached a deal to end its patent suit against Teva Pharmaceuticals Inc. unit Actavis over its formula for obesity treatment drug Qsymia, closing a three-year row over six different patents.

  • July 6, 2017

    Pa. Hospice Provider To Pay $2M To Resolve Fraud Claims

    A Pennsylvania hospice provider has agreed to pay a $2 million federal fine to resolve allegations that it collected government insurance reimbursements after providing unnecessary services, acting U.S. Attorney William E. Fitzpatrick for the District of New Jersey announced Thursday.

  • July 6, 2017

    Tyson Foods Knocks Hot Dog TM Suit Out Of The Park

    The Third Circuit handed a win to Tyson Foods Inc. and Hillshire Brands Co. on Thursday, nixing rival hot dog maker Parks LLC's claims that the brands’ use of “Park’s Finest” on a line of Ball Park hot dogs amounted to trademark infringement.

  • July 6, 2017

    NY-NJ Hudson Tunnel Project May Cost $13B, Feds Say

    Construction of a crucial new rail tunnel under the Hudson River may cost as much as $13 billion under estimates released Thursday by the U.S. Department of Transportation, which completed its initial environmental review of long-simmering plans to overhaul a major New York to New Jersey artery.

  • July 6, 2017

    3rd Circ. Upholds Punitives Bid In Prisoner Info Class Case

    An ex-inmate at a Pennsylvania jail can seek punitive damages as part of a pending class action despite a finding that he’d suffered no financial harm when information about his arrest was published on a government website after his criminal record was expunged, the Third Circuit ruled Thursday.

  • July 6, 2017

    Pa. Atty Accused Of Rerouting Ex-Partner's Emails

    A Philadelphia gun club and three of its current and former presidents filed suit in New Jersey federal court Wednesday against a lawyer the club claims intentionally set up an email forwarding system that prevented client emails from reaching his partner, who represented the club.

  • July 6, 2017

    New Amtrak Hall At Penn Station Scores $537M DOT Loan

    New York’s plan to redevelop the historic James A. Farley Post Office into an Amtrak train hall has scored a $537.1 million loan from the federal government, advancing a key component of a sweeping proposal to transform Manhattan’s aging and congested Penn Station into a modern transportation hub.

  • July 6, 2017

    Merck's Noxafil Wasn't Revealed Before Invention, Court Told

    Merck Sharp & Dohme Corp. on Thursday launched a bench trial in its case alleging Actavis Laboratories FL Inc. infringed its patent for the antifungal medication Noxafil, telling a New Jersey federal judge there was no publicly available information about the active ingredient posaconazole prior to its invention 24 years ago.

  • July 6, 2017

    Ex-IT Execs Face Investor Suit Over $4M Fraud Charges

    A proposed class of Quadrant 4 System Corp. investors filed suit in New Jersey federal court Wednesday, just one week after the U.S. Securities and Exchange Commission accused the technology company’s former executives of stealing more than $4.1 million and doctoring financial statements.

  • July 5, 2017

    No Menendez Trial Delay Over Doc's Sentencing, Judge Says

    A New Jersey federal court on Wednesday refused a Florida ophthalmologist's request to postpone the corruption trial of him and U.S. Sen. Bob Menendez, D-N.J., rejecting his bid for a roughly monthlong delay because of his upcoming sentencing on separate charges of overbilling Medicare by $32 million.

  • July 5, 2017

    Justice Stevens On Gorsuch And Sticking With The Cubs

    Justice John Paul Stevens discusses Justice Neil Gorsuch, the pitfalls of originalism, and his beloved Chicago Cubs, in the second article based on Law360’s exclusive interview with the legendary jurist.

  • July 5, 2017

    Henkel Sued Over Rebate Checks From Closed Account

    Henkel AG & Co. has been slammed with a putative class action in New Jersey federal court over claims it fraudulently induced consumers to purchase products with the promise of rebates and then issued rebate checks drawn on a bank account the consumer goods company deliberately closed.

  • July 5, 2017

    HQ's Heart-Drug Generic Would Flout Baxter Deal, Judge Says

    A New Jersey federal judge has blocked HQ Specialty Pharma Corp. from seeking the U.S. Food and Drug Administration’s approval for a new generic version of Baxter Healthcare Corp.’s antiarrhythmic drug Brevibloc, ruling the action would violate an earlier settlement resolving patent infringement allegations.

  • July 5, 2017

    Retailer Can't Use TC Heartland To Move Toy Suit To NJ

    A Texas federal court on Wednesday recommended that a dispute over a water balloon toy patent should not be moved to New Jersey, rejecting a retailer’s argument that the U.S. Supreme Court decision in TC Heartland should allow the company to move the dispute to the state where it is headquartered.

  • July 5, 2017

    Defunct Pa. Law Firm Can't Be Sued In NJ, Panel Says

    The New Jersey Appellate Division on Wednesday affirmed the dismissal of a negligence lawsuit against a now-defunct Pennsylvania law firm over a real estate deal, ruling in a published decision that the firm’s connections to the Garden State weren’t strong enough to establish jurisdiction.

  • July 5, 2017

    NJ Court Revives Design Defect Claim Over BMW Tailpipe

    A New Jersey state appeals court Wednesday partially revived a product liability action against BMW of North America LLC from a consumer who was allegedly burned by his SUV's improperly extended tailpipe, saying the automaker failed to establish that the motorist needed an expert for his design defect claim.

  • July 5, 2017

    Chinese Vaccine Co. Investors Sue After Bribery Report

    Chinese biopharmaceutical company Sinovac bribed Chinese officials to further a clinical trial for a vaccine it was developing and then lied to its investors about doing so, causing stocks to plunge when the truth came out, a potential class of investors told a New Jersey federal court Monday.

  • July 3, 2017

    Justice Stevens On Playing Politics With The High Court

    Justice John Paul Stevens discusses Merrick Garland, President Donald Trump, and how the Supreme Court has changed over the past few decades, in the first of two articles based on Law360’s interview with the 97-year-old retiree. This is part of an ongoing series of exclusive Law360 interviews with current and former Supreme Court justices.

Expert Analysis

  • My Milkshake Is Better Than Yours: Part 1

    Jill Dessalines

    As I sat there listening, incredulous to learn that "Milkshake" was not only a real song but also a chart-topper, it reminded me of Harvard Business School Professor Clayton Christensen’s work on disruptive innovation — and how it pertains to mid-size law firms, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant general counsel of McKesson Corp.

  • Series

    Revisiting Affiliated Ute: And Its Limits In The 5th Circ.

    Susanna Buergel

    Given the perceived higher hurdles to class certification, it is likely that counsel for plaintiffs in securities cases will seek to recharacterize their claims as omission claims to take advantage of the 45-year-old Affiliated Ute presumption. In the Fifth Circuit, that will be a challenging task, say attorneys with Paul Weiss Rifkind Wharton & Garrison LLP.

  • Series

    Revisiting Affiliated Ute: Back In Vogue In The 9th Circ.

    Michele Johnson

    While there are still very few district court decisions within the Ninth Circuit to have analyzed the relationship between the Affiliated Ute and the fraud-on-the-market presumptions of reliance since the U.S. Supreme Court’s 2014 Halliburton decision, plaintiffs are increasingly attempting to plead both theories, as demonstrated by several recent decisions, say Michele Johnson and Colleen Smith of Latham & Watkins LLP.

  • Attorneys, Your Input Is Needed On Deposition Rule

    Frank Silvestri, Jr.

    Every lawyer who’s handled a civil case in federal court knows about Rule 30(b)(6), governing deposition procedures. But for many real-world deposition dilemmas, the rule offers little guidance. Last year, an Advisory Committee on Civil Rules subcommittee began considering whether the rule should be amended. Now attorneys must advise the subcommittee how to proceed, says Frank Silvestri Jr. of Verrill Dana LLP.

  • Series

    Revisiting Affiliated Ute: Impact In The 7th Circ.

    Julie Goldsmith Reiser

    In the 45 years since the U.S. Supreme Court's ruling in Affiliated Ute, the Seventh Circuit has cited it 145 times. The most significant of these decisions was the court's rejection of the “fraud created the market” theory as an extension of Affiliated Ute, says Julie Goldsmith Reiser of Cohen Milstein Sellers & Toll PLLC.

  • Series

    Revisiting Affiliated Ute: 4 Lines Of Cases In 3rd Circ.

    John Harnes

    Over the last 45 years, Affiliated Ute has, in the Third Circuit, spawned primarily four lines of cases, each addressing a distinct issue raised by that ruling. The most vexing issue, particularly in cases that involve misrepresentations and omissions, is when the presumption applies and when it does not, says John Harnes of Chitwood Harley Harnes LLP.

  • Workplace Marijuana Accommodations: The Road Ahead

    Ruth Rauls

    As the number of states legalizing marijuana use continues to grow, the federal government maintains — and indeed perhaps may soon begin to strengthen — its stance of illegality. Therefore, employers will continue to face more issues and uncertainties, say Ruth Rauls and Jason Ross of Saul Ewing LLP.

  • How Client Feedback Programs Benefit Law Firms And Clients

    Elizabeth Duffy

    Despite an increase in engagement with client feedback programs over the last 15 years, law firms — and their clients — have a way to go before realizing the maximum benefits such programs can deliver, says Elizabeth Duffy of Acritas US Inc.

  • Series

    Revisiting Affiliated Ute: Will It Supersize Leidos?

    James Goldfarb

    The rebuttable presumption of reliance adopted by the U.S. Supreme Court 45 years ago in Affiliated Ute threatens to supersize the expanded basis for omission liability signaled by Leidos v. Indiana Public Retirement System, which the court will review next term, say attorneys with Murphy & McGonigle PC.

  • What We Know So Far About Direct Infringement Post-Form 18

    Eric Kaviar

    Following the abrogation of Form 18 in December 2015, what does it mean to state a claim of direct patent infringement? Eric Kaviar of Burns & Levinson LLP recently reviewed all of the substantive district court opinions grappling with this question. Here's what he found.