New Jersey

  • March 9, 2017

    Truck Stop Asks 3rd Circ. To End $9M Drug Theft Dispute

    A truck stop chain on Wednesday asked the Third Circuit to affirm the dismissal of a negligence suit brought by AXA Corporate Solutions Assurance after a truck carrying nearly $9 million in pharmaceuticals was stolen at one of its rest stops, saying the insurer didn’t present any new evidence that tighter security at the stop could’ve prevented the theft.

  • March 9, 2017

    Pa. Pipeline Project Can't Be Halted, FERC Told

    A Kinder Morgan Inc. unit on Wednesday urged the Federal Energy Regulatory Commission to reject an environmental group's bid to halt construction of a Pennsylvania pipeline project until a Third Circuit appeal and FERC rehearing request play out, saying the green group is using unfounded delay tactics.

  • March 8, 2017

    Ex-NJ AG Spared Prison Based On Reputation, Attys Say

    A now-infamous United Airlines Inc. bribery scheme may have tarnished the legacy of onetime New Jersey Attorney General and former Port Authority Chairman David Samson, but his long career in government and the private sector still carried enough weight to help him avoid prison, attorneys say.

  • March 8, 2017

    Agent Denies Telling Coin.mx Trial Witness To Take Money

    A U.S. Secret Service agent told jurors Wednesday in the bitcoin-exchange bribery and fraud trial of New Jersey pastor Trevon Gross and tech expert Yuri Lebedev that she would not have told a suspect to “take a nice little bonus” out of the Coin.mx exchange before investigators shut it down.

  • March 8, 2017

    Medical Residents Can Sue Under Title IX, 3rd Circ. Rules

    The Third Circuit on Tuesday revived an unnamed former medical resident’s retaliation suit against Mercy Catholic Medical Center in Philadelphia alleging she was forced out of the program for denying a superior’s sexual advances, finding the hospital is subject to Title IX.

  • March 8, 2017

    Drug Cos., Eye Drop Users Spar Over 7th Circ. Toss

    Pfizer, Merck and others urged the Third Circuit on Wednesday to throw out a suit accusing the drugmakers of boosting prescription eye drop sales by using bottles that dispensed bigger-than-needed drops, arguing that the Seventh Circuit recently tossed similar claims.

  • March 8, 2017

    Pharma Co. Hit With Investor Suit Over Freeze Of Drug Study

    An investor in Scynexis Inc. hit the pharmaceutical company and its executives with a proposed securities class action on Wednesday, alleging that the company misled shareholders over the approval prospects of its lead drug candidate. 

  • March 8, 2017

    Ex-NJ Atty Gets Prison For $40.8M Mortgage Fraud Scheme

    A former New Jersey lawyer was sentenced to four years in prison on Wednesday for tricking lenders into releasing $40.8 million in funds based on fraudulent mortgage loan applications and conspiring to hide the source of the ill-gotten gains, U.S. Attorney Paul J. Fishman announced.

  • March 8, 2017

    Gym Chain's 'Robocalls' Violated The TCPA, 3rd Circ. Told

    The Work Out World Inc. customers who received prerecorded sales calls on their cellphones suffered damages in the form of lost space on their voicemail memory and time spent listening to the messages, an attorney representing the gymnasium’s customers in their putative class action told the Third Circuit Wednesday.

  • March 8, 2017

    Enviros Fight Army Corps OK Of Pa. Pipeline At 3rd Circ.

    The Delaware Riverkeeper on Tuesday urged the Third Circuit to overturn a Clean Water Act permit for a Kinder Morgan Inc. unit's pipeline project in Pennsylvania issued by the U.S. Army Corps of Engineers and asked the Federal Energy Regulatory Commission to halt construction until the appeals court weighs in.

  • March 8, 2017

    3rd Circ. Slams Judges, Revives Inmate's Med Mal Suit Again

    The Third Circuit revived some claims for the third time Tuesday in a prisoner’s suit claiming that multiple prison officials were indifferent to his medical emergencies, and scolded lower court judges for generalizing that all prisoner medical malpractice suits are frivolous.

  • March 8, 2017

    'Walking Dead' Creator Kills TM Suit, Revives Fight At TTAB

    The creator of “The Walking Dead” said Wednesday he would drop a trademark lawsuit over a planned restaurant and merchandise using the show’s name, saying he will instead pursue his claims at the U.S. Patent and Trademark Office, for the time being.

  • March 7, 2017

    NJ Consumers Urge Court To Revive Accutane Litigation

    Counsel for consumers urged a New Jersey appellate panel Tuesday to revive consolidated litigation alleging that Hoffmann-La Roche Ltd.'s acne medication Accutane caused their clients to develop Crohn's disease, arguing that a trial court overstepped its authority in barring their expert testimony and dismissing more than 2,000 cases.

  • March 7, 2017

    NJ Judge Made Clerk Do Son's Homework, Ethics Board Says

    New Jersey's judicial ethics board accused a state superior court judge on Monday of secretly recording meetings, requiring her clerk to work for weeks without pay and asking her clerk to perform nonjudicial tasks, like doing her high school-aged son’s homework.

  • March 7, 2017

    Churchill Downs Wins Contract Claim In NJ Casino Row

    A New Jersey federal judge on Monday ruled that hotel executive Nicholas L. Ribis breached his contract with thoroughbred racetrack Churchill Downs Inc. to develop and operate an internet gambling operation connected to Showboat Atlantic City when he failed to acquire the casino-hotel as promised.

  • March 7, 2017

    NJ Mayor, Supervisors Hit With Corruption Charges

    Paterson, New Jersey, Mayor Jose “Joey” Torres and three municipal supervisors have been indicted on state charges of conspiring to have city employees perform renovations at a warehouse leased by the mayor's relatives while the workers were being paid by the city, New Jersey Attorney General Christopher S. Porrino announced Tuesday.

  • March 7, 2017

    NJ Utility, Blackstone Energy Unit Had No Contract: Judge

    A New Jersey state judge on Monday refused to compel a renewable energy company backed by private equity firm Blackstone to arbitrate a dispute over the would-be sale of solar renewable energy credits to a utility, finding that there was no executed contract to enforce.

  • March 7, 2017

    US Agent Implicated By Coin.mx Witness Ordered To Testify

    The Manhattan bitcoin-exchange bribery and fraud trial of New Jersey pastor Trevon Gross and tech expert Yuri Lebedev kicked into higher gear Tuesday, with a U.S. Secret Service agent ordered to testify after a cooperating witness implicated her and Gross took the stand to defend himself.

  • March 7, 2017

    Maxus Ch. 11 Disclosure Held For DIP Lender Switch Talks

    In the bankruptcy court equivalent of a flanking maneuver, Maxus Energy Corp.’s unsecured creditors won a Delaware judge’s agreement Tuesday to postpone action on the company’s Chapter 11 disclosure statement pending talks on a committee-designed financing and reorganization alternative.

  • March 7, 2017

    Fishermen Challenge Obama’s Atlantic Marine Monument

    A coalition of New England fishermen organizations on Tuesday sued the federal government over former President Barack Obama’s designation of an oceanic national monument that they say will harm commercial fishing in the area.

Expert Analysis

  • 11th Circ. Ruling May Affect Criminal Securities Fraud Cases

    David M. Chaiken

    The Eleventh Circuit's recent decision in U.S. v. Stein could hinder efforts to limit loss estimates in fraud-on-the-market criminal securities fraud cases. The case cemented a firm 5-3 majority circuit split that will undoubtedly weigh heavily on judges who will be confronted with this issue in the four circuits that have yet to address it, say attorneys with Troutman Sanders LLP.

  • 6 Ways To Get More From A Limited Budget For Trial Graphics

    Marti-Martin-Robinson.jpg

    With so many possibilities and variables, it can be difficult to adhere to a strict graphics budget when preparing effective visuals for trial. There are several things you can do to limit the cost of your visuals without sacrificing quality, says Marti Martin Robinson of Litigation Insights Inc.

  • When Pervasive Foul Odors Constitute Property Damage

    Costantino P. Suriano

    To date, no reported New York decision has held that permeating odors constitute property damage. Looking at out-of-state decisions, however, sheds light on the question of when a commercial general liability insurer is liable for its insured's breach of contract if tenants move out due to foul odors, say Costantino Suriano and Daniel Markewich of Mound Cotton Wollan & Greengrass LLP.

  • Rebuttal

    Availability Rule's Death Has Been Greatly Exaggerated

    Jacob M. Mihm

    Many jurisdictions have adopted the "all sums" methodology for long-tail insurance claims, but there is no basis to abandon the availability rule. Failing to account for the availability of insurance would violate the doctrine of contra proferentem, says Jacob Mihm of Hoke LLC.

  • New Jersey’s TCCWNA: New Year, Same Uncertainty

    Jeffrey Jacobson

    Online retailers concerned about lawsuits under New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act had hoped to end 2016 with some clarity about its application in recent class action complaints. But motions to dismiss those cases may remain mostly undecided until the New Jersey Supreme Court and Third Circuit issue rulings later in 2017, says Jeffrey Jacobson of Kelley Drye & Warren LLP.

  • Analyzing The Legality Of Proposed Sanctuary City Measures

    Leon Fresco

    The 115th Congress began by introducing bills aimed at defunding sanctuary cities in both the Senate and House, efforts consistent with President Donald Trump’s recent executive order, which aims to cancel federal funding to sanctuary cities. However, such action is likely to lead to a showdown in Congress and in the federal courts over a variety of constitutional, federal and administrative legal issues, say attorneys at Holland & Knight LLP.

  • And Now A Word From The Panel: A Year Of Vanishing MDLs

    Alan Rothman

    2016 was a notable year for the Judicial Panel for Multidistrict Litigation: It created only 26 new MDL proceedings, a low-water mark for new MDL proceedings not seen in almost a quarter of a century. In this installment of his bimonthly series on the panel, Alan Rothman of Arnold & Porter Kaye Scholer LLP looks at the panel’s activity over the past year.

  • Taxing Marijuana: A Hazy Issue For Municipal Bankruptcy

    Katherine Lewis

    Recent court holdings that marijuana businesses are barred from federal bankruptcy protection may pose a serious problem for fiscally distressed municipalities looking for Chapter 9 relief — specifically those that tax marijuana sales, says Katherine Lewis of Weil Gotshal & Manges LLP.

  • More And More States Are Targeting Payroll Debit Cards

    Caroline J. Berdzik

    It has become increasingly prevalent for employers to pay their employees with payroll debit cards due to the benefits to both employers and employees. However, despite these mutual benefits, many states have enacted legislation that may potentially curtail the use of these cards to pay wages, says Caroline Berdzik of Goldberg Segalla LLP.

  • Life Settlements Industry: 2016 In Review

    Brian T. Casey

    Last year saw several large portfolio trades in the tertiary life settlements market, and the industry faced cost of insurance increases by several major companies. Brian Casey and Thomas Sherman of Locke Lord LLP discuss 2016's most important life settlements court cases from all around the country.