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New Jersey

  • September 6, 2018

    Hospital Can't Duck Med Mal Suit Over Missing Affidavit

    A couple did not need to submit an expert affidavit to pursue a medical malpractice action alleging that nurses at a New Jersey hospital did not take any action when a tube that was inserted into a woman became dislodged, a state appeals court ruled on Thursday in a published opinion reviving the lawsuit.

  • September 5, 2018

    14 AGs Urge CFPB Not To Back Off Disparate Impact Liability

    A coalition of Democratic attorneys general cautioned the Consumer Financial Protection Bureau on Wednesday against reading disparate impact liability out of the Equal Credit Opportunity Act, calling the legal theory a "critically important feature of antidiscrimination law" that's been backed by the courts and decades of regulatory interpretation.

  • September 5, 2018

    Michigan Man Admits Defrauding $1.4M From Investors

    A Michigan man admitted Wednesday in New Jersey federal court to helping defraud hundreds of investors from around the world of $1.4 million through a sham online day-trading firm, while another man was arrested in Michigan for his alleged involvement in the conspiracy, the U.S. Attorney’s Office has announced.

  • September 5, 2018

    Proposed SALT Rules Don’t Affect Biz Deductions, IRS Says

    Treasury and the Internal Revenue Service said Wednesday that business owners who make payments to nonprofits in exchange for a state tax credit and a federal deduction can continue to do so, and deduct the payments as a business expense.

  • September 5, 2018

    Consumers Who Claim Debt Settler Misled Them Win Cert.

    A New Jersey federal judge has granted class certification in a case against a debt collector accused of misstating to consumers certain IRS tax reporting requirements on forgiven debts.

  • September 5, 2018

    NJ Can't Hear Co.'s Fee Row With Ill. Law Firm, Judge Says

    A New Jersey federal judge on Wednesday tossed a technology company's complaint against an Illinois law firm over nearly $270,000 in legal fees incurred in underlying patent litigation, ruling that the law firm has no ties with the Garden State.

  • September 5, 2018

    Hospital Fee Class Claim Notice Was Adequate, NJ Court Says

    The New Jersey state appeals court on Wednesday refused to overturn the dismissal of a class action accusing six hospitals and a medical records company of charging unlawful fees for certified copies of documents, ruling that the class was given adequate notice of how to file claims.

  • September 5, 2018

    NJ Construction Co. Must Face Accident Suit, Court Says

    A New Jersey appeals court on Wednesday reversed part of a ruling that dismissed a construction worker's personal injury suit against two companies over liability for his fall off scaffolding, finding that the company that supplied the equipment was not at fault but remanding the suit for trial to determine who was in charge of operations at the site.

  • September 5, 2018

    NJ Atty Who Stole From Elderly Consents To Disbarment

    A New Jersey attorney and radio host who copped to stealing millions from elderly clients, some of whom suffered from dementia and had no close relatives to guard their interests, has agreed to disbarment, according to a state Supreme Court order made public Tuesday.

  • September 4, 2018

    Morgan Keegan To Pay Fairfax $20M Over Stock Price Claims

    Fairfax Financial Holdings Ltd. announced Tuesday that for $20 million it agreed to resolve claims it filed against Morgan Keegan & Co. in long-running litigation over an alleged stock market manipulation scheme to lower its share price, while noting its claims against other defendants remain.

  • September 4, 2018

    3rd Circ. Revives FCA Case Against PharMerica

    The information a whistleblower used to build a False Claims Act suit against PharMerica Corp. featured key nonpublic information, meaning it can meet the act’s public disclosure bar, the Third Circuit said Tuesday as it revived the litigation.

  • September 4, 2018

    NJ Subclasses Trimmed From Artificial Field Turf MDL

    A federal New Jersey judge cut proposed state subclasses — except for New York, New Jersey, California and Pennsylvania — from multidistrict litigation over allegedly inferior sports field turf, saying that the named plaintiffs can’t represent subclasses they don’t belong to.

  • September 4, 2018

    3rd Circ. Bats Down Permit Challenge To $1.9B Pa. Pipeline

    The Third Circuit on Tuesday declined to review Pennsylvania’s preliminary approval of a Williams Partners LP division’s Atlantic Sunrise pipeline project, asserting the court’s right to hear federal pipeline appeals and ruling that the Delaware Riverkeeper Network, Sierra Club and others had failed to make a case for appealing the state’s decision.

  • September 4, 2018

    Website's 'Sideshow' Sanctions Bid Fails In TCPA Row

    A New Jersey federal judge on Tuesday refused a school ratings website operator’s bid to sanction a woman who launched a putative class action alleging Telephone Consumer Protection Act violations, saying that a factual dispute can’t be resolved by a “sideshow motion.”

  • September 4, 2018

    3rd Circ. Won't Ax Overcharge Class Claims Against Vanguard

    The Third Circuit on Tuesday found that a federal law limiting the scope of class claims that can be brought in connection with the purchase of securities does not apply to misrepresentations the Vanguard Group is accused of making regarding commission fees charged to investors.

  • September 4, 2018

    New Jersey Powerhouse: Fox Rothschild

    Fox Rothschild LLP has been a major player in New Jersey's gambling and real estate sectors, helping to revitalize Atlantic City by facilitating the June opening of the Hard Rock Hotel & Casino and closing industrial and residential property deals worth hundreds of millions of dollars in recent months.

  • September 4, 2018

    Privilege Waived For Some Emails In NJ Real Estate Row

    The New Jersey state appeals court on Tuesday narrowed the scope of emails an apartment builder was ordered by a lower court to give to real estate companies and other entities stemming from their dispute over a $19.5 million deal, ruling that attorney-client privilege had been waived with respect to many, but not all, of the emails.

  • September 4, 2018

    Card Maker Released From NJ Casino's $10M Baccarat Row

    A New Jersey casino has dropped its claim against Gemaco Inc., the playing card maker ensnared in its $10 million lawsuit accusing two professional gamblers of cheating at baccarat by exploiting a card pattern irregularity, according to a federal court filing.

  • August 31, 2018

    3rd Circ. Frees Ex-Norris McLaughlin Atty For Bribery Appeal

    The Third Circuit has granted an ex-Norris McLaughlin & Marcus PA partner’s bid to be released while he appeals his conviction and 27-month sentence for attempting to land legal work for his firm with promises of campaign contributions to the now-convicted mayor of Allentown, Pennsylvania.

  • August 31, 2018

    Insurer Can't Escape Liability In Staples Delivery Crash

    The Third Circuit has affirmed a court's apportionment of responsibility mostly to Princeton Excess and Surplus Lines Insurance Co. in a suit over coverage for an injury that happened during a vendor's delivery of Staples Inc. goods to a casino.

Expert Analysis

  • Series

    Cities In Distress: Municipal Recovery Lessons From Pa.

    Juliet Moringiello

    As we reflect on the five years since Detroit’s bankruptcy filing, Pennsylvania’s experience in intervening in its municipalities’ financial distress provides some useful insights on the problems plaguing municipalities as well as lessons for states, says professor Juliet Moringiello of Widener University Commonwealth Law School.

  • The NJ Jughandle Facing Corporations

    Leah Robinson

    At the beginning of July, the New Jersey Legislature passed a budget bill which has significant implications for virtually all payors of corporation business tax, say attorneys from Mayer Brown.

  • Modern Communication Brings E-Discovery Challenges

    Thomas Bonk

    As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.

  • Series

    Cities In Distress: Michigan's Emergency Mgr. Law And Flint

    Eric Scorsone

    Michigan has taken a very aggressive approach to addressing municipal fiscal insolvency. But the state's emergency manager law fails to consider the unintended consequences of short-term financial adjustments, as seen in the case of Flint, say Eric Scorsone and Samantha Zinnes of Michigan State University.

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.

  • Series

    Cities In Distress: Are There True Alternatives To Ch. 9?

    Lawrence Larose

    Some distressed municipalities — including Atlantic City, New Jersey, and Hartford, Connecticut — have recently restructured outside of Chapter 9, through legislation and negotiations. But such fixes are intensely political in nature and are entirely dependent on the will of government officials, say Lawrence Larose and Samuel Kohn of Norton Rose Fulbright.

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.

  • Series

    Cities In Distress: A Tale Of 3 California Bankruptcies

    Karol Denniston

    The Chapter 9 bankruptcies of Vallejo, San Bernardino and Stockton have left a legacy of challenges facing California municipalities that seek to restructure their obligations. These cases show that a comprehensive restructuring remains illusory because restructuring pension obligations is legally complicated and politically sensitive, says Karol Denniston of Squire Patton Boggs LLP.

  • 3 Top E-Discovery Case Law Lessons Of 2018 (So Far)

    Casey Sullivan

    The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.

  • #MeToo's Impact On Sexual Harassment Law Just Beginning

    Susan Sholinsky

    The myriad sexual harassment laws proposed and passed this year show that legislatures are swiftly responding to the #MeToo movement. All employers should keep abreast of developments nationwide, because another state's laws may be coming soon to a legislature near you, says Susan Sholinsky of Epstein Becker & Green PC.