New Jersey

  • April 5, 2018

    NYPD Settles Claims It Illegally Spied On NJ Muslims

    The New York City Police Department reached a settlement Thursday in a New Jersey federal court action brought by a coalition of the state's Muslim residents who accused the NYPD of conducting surveillance that illegally targeted Muslim Americans, with the deal requiring the police department to pay damages and enact reforms.

  • April 5, 2018

    PennEast Needs NJ Land For $1B Pipeline, Judge Told

    PennEast Pipeline Co. LLC on Thursday told a federal judge that it needs immediate access to more than 100 New Jersey properties along the course of its planned $1 billion natural gas pipeline or else it won't be able to complete time-sensitive environmental assessments needed to meet regulatory deadlines for the project.

  • April 5, 2018

    NJ Gov. Sends Prepaid Property Tax Bill Back For Changes

    New Jersey Gov. Phil Murphy issued a conditional veto Thursday and recommended changes to a bill that would allow taxpayers to make dedicated prepayments toward anticipated property taxes and allow homeowners to prepay any quarterly property tax installment before the issuance of the tax assessment.

  • April 5, 2018

    Menendez Friend Gets $10M Tacked On To $42.6M Fraud Tab

    A Florida federal judge on Thursday added $10.4 million in restitution to the nearly $42.6 million that he had already ordered Salomon E. Melgen, a Florida ophthalmologist who gained notoriety as a co-defendant with New Jersey Democratic Sen. Robert Menendez in an unsuccessful bribery case, to pay after his conviction on charges of Medicare fraud.

  • April 5, 2018

    NJ Panel Advances SALT Cap Workaround To Full Assembly

    The New Jersey Assembly Appropriations Committee advanced a bill Thursday that would provide property tax credits to taxpayers making certain qualified charitable donations, an effort to counter the federal tax reform, which limits the federal state and local tax deduction to $10,000.

  • April 5, 2018

    NJ Transit Beats Suit Over Sewage Leak From Light Rail Work

    New Jersey Transit escaped a lawsuit from the Jersey City Municipal Utilities Authority alleging that construction of a light rail line caused a sewage leak after a state appeals court found Thursday that the authority's claims were time-barred because they were filed more than a decade after the work was done.

  • April 5, 2018

    3rd Circ. Affirms Merck Win In Shingles Vaccine Case

    The Third Circuit on Wednesday declined to revive a negligence suit against Merck & Co. Inc. over a shingles vaccine that allegedly gave an Indiana man chicken pox and caused permanent damage to his central nervous system, with the panel agreeing that the suit was filed too late.

  • April 5, 2018

    J&J Hit With $37M Asbestos Talc Verdict In NJ

    A New Jersey state jury on Thursday slammed Johnson & Johnson and its talc supplier with a verdict of $37 million in compensatory damages over claims a man developed mesothelioma after using the pharmaceutical giant's asbestos-containing talcum powder over several decades.

  • April 4, 2018

    J&J Loses Mistrial Bid Over Claims At Asbestos Talc Trial

    Johnson & Johnson lost its bid for a mistrial Wednesday in a New Jersey lawsuit alleging the pharmaceutical giant sold asbestos-containing talcum powder that contributed to a man developing mesothelioma after a state judge rejected claims that his attorney made improper comments to the jury.

  • April 4, 2018

    Merrill Lynch Beats Securities Suit After Supreme Court Run

    A securities suit that led to a noteworthy U.S. Supreme Court decision two years ago came to a quiet close this week when a New Jersey state judge tossed claims against Merrill Lynch and other Wall Street giants and left no chance of reviving them.

  • April 4, 2018

    NJ Wiretap Ruling Opens Discovery Door, But Cautiously

    The New Jersey Appellate Division's recent published decision allowing evidence obtained through wiretapped conversations to be used in civil lawsuits opened up a new discovery frontier in the Garden State, although litigants will still have to overcome privacy concerns, according to former prosecutors.

  • April 4, 2018

    Activist Challenges Newark Effort To Shield Amazon HQ Bid

    An open-government activist on Tuesday blasted Newark, New Jersey's attempt to avoid publicly releasing its bid to land Amazon’s second U.S. headquarters, rejecting its claims the disclosure would put the city at a competitive disadvantage when it has already provided some of the information to the media.

  • April 4, 2018

    NJ AG, Virtua Medical Group Settle Data Breach For $418K

    Virtua Medical Group PA has agreed to pay a nearly $418,000 civil penalty stemming from a data breach that exposed the medical information of more than 1,650 patients on the internet two years ago, New Jersey authorities announced Wednesday.

  • April 4, 2018

    3rd Circ. Affirms Energy Co.'s Worker Retaliation Win

    The Third Circuit declined Wednesday to revive a suit by a former utility machine installer alleging an energy company fired him for reporting that it was overbilling customers and working without certain permits, affirming a jury verdict and court ruling that he was a contractor and not an employee.

  • April 4, 2018

    Judge Rejects $6.2M Land Rover Deal As Unfair To Drivers

    A New Jersey federal judge on Tuesday declined to grant preliminary approval to a roughly $6.2 million settlement between Land Rover and drivers who claimed their suspension systems were defective, saying the amount seems “unusually low” and leaves some drivers with nothing.

  • April 4, 2018

    Chipotle OT Suit Stayed While 5th Circ. Looks At Contempt

    A New Jersey federal court has agreed to pause an overtime wage dispute with Chipotle Mexican Grill Inc. while the Fifth Circuit considers a contempt order levied against the attorneys who helped file the proposed collective action, which allegedly violated a Texas court’s decision to block the U.S. Department of Labor rule underpinning the case.

  • April 3, 2018

    SAC Capital, Founder Beat $8B Stock Scheme Suit In NJ

    Former hedge fund SAC Capital Advisors and its founder, Steven A. Cohen, have escaped an $8 billion lawsuit over an alleged scheme to lower Fairfax Financial Holdings Ltd.'s share price after a New Jersey state judge said the court did not have personal jurisdiction over the claims against them and related parties.

  • April 3, 2018

    J&J Tests Weren't Meant To Find Asbestos In Talc, Jury Told

    Johnson & Johnson’s talcum powder contained asbestos for years, and the company hid this fact from consumers and regulators by using tests it knew wouldn’t detect the toxic mineral, counsel for a man alleging J&J products caused his mesothelioma said Tuesday during closing arguments in a New Jersey trial.

  • April 3, 2018

    Another Cops To Bribery Over NJ Medical Device Contract

    A New Jersey medical device company employee on Tuesday admitted to taking bribes in exchange for his assistance in securing a contract between a metallurgical technology company and his employer, federal prosecutors announced.

  • April 3, 2018

    NJ Sen. Asks FERC To Put PennEast Land Grabs On Hold

    Sen. Cory Booker, D-N.J., has asked the Federal Energy Regulatory Commission to reconsider its certification of the $1 billion PennEast natural gas pipeline in light of the pipeline’s attempt to condemn more than 100 pieces of property in New Jersey, saying the current FERC certificate should not have given PennEast authority to seize them.

Expert Analysis

  • 3 Mass. Proposals Signal A New Wave Of Offshore Wind

    Tommy Beaudreau

    After the recent submission of three bids in response to Massachusetts electric distribution companies' request for proposals for offshore wind energy projects, the stage is set for 2018 to be a breakthrough year in U.S. offshore wind development, say attorneys with Latham & Watkins LLP.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.

  • How A Recent Tax Case Offers Guidance To Family Offices

    Mark Leeds

    In a recent case, Lender Management LLC v. Commissioner, the U.S. Tax Court ruled against the Internal Revenue Service after it asserted that the costs of running a family office were not deductible for federal income tax purposes. The decision provides a road map for other family offices on how to structure their operations, says Mark Leeds of Mayer Brown LLP.

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​

  • Emerging Trends In FCA Enforcement: 2018 Outlook

    Vince Farhat

    Two new policies from the U.S. Department of Justice, along with ongoing developments concerning the elements of scienter and materiality stemming from the landmark U.S. Supreme Court decision in Escobar, have the potential to significantly change the landscape of False Claims Act enforcement in the year ahead, say attorneys with Holland & Knight LLP.

  • 'Throw' Your Mini-Opening To Get The Best Jury Possible

    Christina Marinakis

    In the hopes of piquing the interest of jurors and minimizing hardship requests, more and more judges are encouraging parties to make “mini-openings” prior to voir dire. You can use this as an opportunity to identify your worst jurors and get them removed from the panel — by previewing your case weaknesses and withholding your strengths, says Christina Marinakis of Litigation Insights.

  • Eminent Domain In The Wake Of Natural Disasters

    Briggs Stahl

    When states and municipalities rebuild permanent infrastructure following disasters, they may be able to reduce the damages caused by eminent domain by planning carefully. In particular, examining preventative solutions allows more time for planning and designing projects to reduce future damages to owners, says Briggs Stahl of RGL Forensics.

  • Your Case Was Remanded By The MDL Court — Now What?

    Brandon Cox

    Multidistrict litigation is an ever-expanding driver of product liability litigation, but when the MDL process runs its course there is often still a trial to be had, and there are strategic and practical decisions to consider once a case has been remanded. Brandon Cox and Charissa Walker of Tucker Ellis LLP offer tips on how to navigate the remand process.

  • The Art Of The Litigation Funding Deal

    Julia Gewolb

    As litigation funding becomes more widespread, greater complexity and variability in funding deals are to be expected. All claimants should consider certain key questions on the economics of single-case funding when considering or comparing funding terms, says Julia Gewolb of Bentham IMF.