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New Jersey

  • November 16, 2018

    Ex-Morgan Stanley Exec Fights Arbitration Of Bias Claims

    A former Morgan Stanley executive urged a New Jersey federal judge Friday to certify her opinion last month forcing arbitration of his claims he was fired because of past alcohol and drug abuse, a move needed for him to appeal the ruling to the Third Circuit.

  • November 16, 2018

    NJ Judge Says Prior Politics Won't Bias Him In Grocery Row

    A Republican New Jersey state court judge has declined to recuse himself from a supermarket competition case involving an attorney from his town who supported his Democratic political rivals, ruling that a “reasonable” person wouldn’t find that a 14-year-old election campaign would impact his impartiality.

  • November 16, 2018

    NY Atty Pleads Not Guilty To Fatally Shooting Daughter's Mom

    A New York City attorney pled not guilty Friday in New Jersey state court to charges of fatally shooting the mother of his daughter in their New Jersey home last month before allegedly fleeing to Cuba, while his lawyer called on prosecutors to turn over additional discovery about the case.

  • November 16, 2018

    12 AGs Call For End Of Policy Slowing Family Reunification

    Attorneys general from 12 states have urged the Trump administration to promptly reverse a policy that has allegedly impeded the release of unaccompanied immigrant children from U.S. Department of Health and Human Services custody to their family members or designated sponsors in the U.S.

  • November 16, 2018

    NJ Lawmakers, Cos. Push For Passage Of Fire Safety Bill

    New Jersey state legislators and fire officials along with concrete companies are urging the state government to adopt better safety standards for new construction following a fire that destroyed the Avalon at Edgewater multifamily complex three years ago, according to news reports.

  • November 16, 2018

    13 States Urge 1st Circ. To Back Massachusetts' AR-15 Ban

    The attorneys general for 13 states and the District of Columbia have filed an amicus brief with the First Circuit supporting Massachusetts' long-standing ban on assault weapons and large-capacity magazines, saying states have the right to pass gun restrictions to protect their residents. 

  • November 15, 2018

    AIG Must Cover Port Authority Asbestos Claims, Court Affirms

     A New York appeals court on Thursday affirmed that an AIG unit must defend the Port Authority of New York and New Jersey and several contractors against asbestos claims brought by construction workers on the original World Trade Center, agreeing with a lower court that coverage is triggered for claims tied to alleged asbestos exposures at the building site.

  • November 15, 2018

    Insurer Must Face Fraud Claim Over Release, 3rd Circ. Says

    An insurer may be held liable under New Jersey’s Consumer Fraud Act in a suit alleging a company agent fraudulently induced a woman into releasing one of its other customers from liability over a car crash, the Third Circuit said Thursday in a precedential opinion reviving her class action CFA claim.

  • November 15, 2018

    Verizon Says No Proof It Plotted To Stifle Carrier Switching

    Verizon Communications Inc. urged a New Jersey federal judge Thursday to toss a putative class action alleging it conspired with AT&T and a global telecommunications standards group to limit customers’ access to cellphone carrier-switching technology, saying the consumers didn’t plausibly allege collusion occurred.

  • November 15, 2018

    Inside Trader Avoids Prison Time After Aiding Feds

    A Florida trader dodged prison time for his admitted role in an illicit stock trading operation Thursday when a New Jersey federal judge sentenced him to three years of probation instead, citing his cooperation as a government witness who helped prosecutors net a co-conspirator in the case.

  • November 15, 2018

    3rd Circ. Says Fannie, Freddie Investors Not Owed Relief

    Two Fannie Mae and Freddie Mac investors are not entitled to relief in a suit alleging the Federal Housing Finance Agency diverted the companies’ profits to the government’s pockets, the Third Circuit ruled in a precedential decision on Wednesday, finding that the agency had the statutory authority to do so.

  • November 15, 2018

    NJ Agrees To Recognize Tribe, Pay $2.4M To End Court Battle

    New Jersey will affirm its prior recognition of the Nanticoke Lenni-Lenape Tribal Nation as a state-recognized tribe under a $2.4 million settlement over claims that state officials wrongfully repudiated that status and thus caused the tribe to lose federal benefits, the parties announced Thursday.

  • November 15, 2018

    NFL Film Co. Gets Voice Actress' Sex Abuse Suit Trimmed

    A New Jersey federal court has granted partial summary judgment to NFL Productions LLC in a suit by a voice actress alleging an executive ignored her reports of sexual harassment and abuse, finding that she was an independent contractor and not an employee.

  • November 14, 2018

    J&J Should Pay For Talc Devotee's Death, SC Jury Hears

    Johnson & Johnson should pay tens of millions of dollars in recompense for the life of a South Carolina lawyer who succumbed to mesothelioma at 30 after using talcum powder from birth, her husband's lawyers told a jury Wednesday at the close of a retrial in the case.

  • November 14, 2018

    Gibson Dunn Bows Out Of Pharma RICO Suit Amid DQ Bid

    Gibson Dunn & Crutcher LLP has withdrawn as counsel for Heritage Pharmaceuticals Inc. in the company’s Racketeer Influenced and Corrupt Organizations Act suit against two former executives amid their pending motions to disqualify the firm over its prior ties to them, according to a letter sent by co-counsel to a New Jersey federal judge.

  • November 14, 2018

    3rd Circ. Won't Revive Stock-Drop Suit Against Ocwen Affiliate

    The Third Circuit on Wednesday affirmed the dismissal of a securities fraud class action against an Ocwen Financial Corp. affiliate whose stock tumbled following its parent company's regulatory troubles stemming from the housing crisis in the mid-2000s, ruling in a precedential decision that the suing funds didn't plausibly allege the fraud cost investors billions.

  • November 14, 2018

    J&J Staves Off Asbestos Baby Powder Suit In Calif. Jury Win

    A California state jury found Wednesday that although Johnson & Johnson's baby powder contained asbestos and a manufacturing defect, it was not a substantial factor in causing a woman's malignant mesothelioma, ruling in favor of the pharmaceutical giant.

  • November 14, 2018

    3rd Circ. Urged To Back Ruling In $377M Foreign Income Row

    The Internal Revenue Service urged the Third Circuit on Wednesday to uphold a U.S. Tax Court decision finding an additional $377 million in taxable income for a U.S. shareholder, saying that loan guarantees from offshore subsidiaries trigger a requirement to include the subsidiaries’ earnings.

  • November 14, 2018

    DraftKings Expands With 2 Land-Based Retail Sportsbooks

    DraftKings this week said it will open a pair of retail sportsbooks in New Jersey and Mississippi, continuing its expansion from a daily fantasy sports app company into a full sportsbook as states begin to legalize sports betting.

  • November 14, 2018

    Pa. Panel Urged To Revive Risperdal Breast-Growth Case

    A Philadelphia judge’s mid-trial decision axing claims against a Johnson & Johnson unit over breast growth allegedly linked to the antipsychotic medication Risperdal came under fire Wednesday as a state appeals court heard arguments that the case had been improperly dismissed for lack of scientific proof.

Expert Analysis

  • Why Janus Should Make Public Employers Think Twice

    Daniel Altchek

    In Palardy v. Township of Millburn, the Third Circuit recently held that public employee union membership and activity is protected under the First Amendment. However, it did not address how the U.S. Supreme Court's Janus ruling may have already signaled a resolution of the circuit split on this issue, says Daniel Altchek of Miles & Stockbridge PC.

  • The Where, When And What Of DTSA Appeals: Part 2

    Gregory Lantier

    To predict the kinds of questions early Defend Trade Secrets Act appellate decisions may resolve, Gregory Lantier and Thomas Sprankling of WilmerHale consider how courts have interpreted other intellectual property statutes.

  • Opinion

    Skip The New 'Civility Courses' And Think Like A Lawyer

    Alex Dimitrief

    As we watch what passes for political discourse in our nation’s capital, it’s understandable that universities are launching programs on how to cope with ideological disputes. But our country needs fewer people who profess to be open-minded and more people who engage in and honor the conclusions of reasoned debates, says Alex Dimitrief of General Electric Co.

  • The DOJ's Current White Collar Priorities

    Melissa Jampol

    In a speech last week, Deputy Assistant Attorney General Matthew Miner acknowledged numerous changes over the past year in the U.S. Department of Justice's approach to corporate white collar enforcement, and clearly set forth current prosecutorial initiatives, say attorneys with Epstein Becker & Green PC.

  • Why Law Firms Should Monitor The Dark Web

    Anju Chopra

    Dark web monitoring allows law firms to see what sensitive information may have made its way onto the thriving global underground marketplace where cybercriminals buy and sell exposed data. It can also help lawyers advise clients on a wide range of legal and business matters, say Anju Chopra and Brian Lapidus of Kroll.

  • Does Rule 45 Protect Nonparties From Undue Burden?

    Matthew Hamilton

    Interpretations of Rule 45 protections vary but what's clear is that "undue burden" does not mean no burden at all. To avoid the costs of compliance with a subpoena, a nonparty should be ready to demonstrate its disinterest in the litigation and the anticipated cost and burden of compliance, say attorneys at Pepper Hamilton LLP.

  • 5.5 Ways To Remove GILTI From Your State Tax Base

    Zal Kumar

    In many states, the lack of specific guidance addressing the inclusion of global intangible low-taxed income, or GILTI, is causing concern that GILTI will be includible in the state tax base. Attorneys from Mayer Brown LLP highlight several possible avenues for removing GILTI from the state tax base.

  • Energy Storage: Ready For Takeoff

    Stuart Solsky

    Energy storage has been called the “Swiss army knife” of the electric grid because of the many services it can perform, enhancing both traditional and renewable electric generation. Recent federal and state regulatory developments mean that energy storage is poised to be a major game changer in electric power markets, say attorneys with Baker Botts LLP.

  • No Injury Means No Standing For A Talc Plaintiff

    Steven Boranian

    Last month, the Third Circuit affirmed the dismissal of a plaintiff's case against Johnson & Johnson over talcum powder. The plaintiff used the product with no ill effect, and alleged no defect, injury or disease. The Third Circuit was correct in finding that she simply lacked any standing to sue, says Steven Boranian of Reed Smith LLP.

  • Try Using Neutrals For State Court ESI Disputes

    Robert Wilkins

    According to the Florida Rules of Civil Procedure, cooperating with opposing counsel to resolve electronically stored information disputes is not required in litigation that is not designated as complex, unless provided for by an individual judge or in certain circuits. But mandated or not, this is a best practice in any state court action, says Robert Wilkins of Jones Foster Johnston & Stubbs PA.