New Jersey

  • August 31, 2017

    NJ Paramedic Slaps Hospital With Whistleblower Suit

    Cooper Health System has been hit with a whistleblower suit in New Jersey state court by a paramedic who alleges his firing for falling asleep on the job was actually retaliation for his complaints about alleged regulatory missteps, poor patient treatment and possible billing fraud.

  • August 31, 2017

    NJ Attorney General Taps Chief Counsel For Exec. Asst. Role

    The chief counsel to New Jersey Attorney General Christopher S. Porrino has been tapped to fill the role of executive assistant attorney general, which recently became vacant due to the retirement of longtime employee Deborah R. Edwards, Porrino announced Thursday.

  • August 31, 2017

    Mobster's Case Remanded Over Money Laundering Atty

    The Third Circuit Wednesday sent convicted mobster Salvatore Pelullo's case back to the district court to resolve if his trial attorney had been too distracted by his own investigation for money laundering to provide Pelullo an adequate defense.

  • August 31, 2017

    HSBC Must File New Foreclosure Action, NJ Judge Says

    A New Jersey court won’t rethink its refusal to extend a final judgment deadline for a mortgage foreclosure action by HSBC Bank USA, ruling Thursday that the bank, which repeatedly missed court deadlines throughout the five-year litigation, must refile a new action instead.

  • August 30, 2017

    3rd Circ. Ruling Sets Limits for Title VII, ADA Claims

    The Third Circuit joined other circuits Wednesday in ruling for the first time that federal civil rights claims for violations of Title VII of the Civil Rights Act and the Americans with Disabilities Act cannot be brought under Section 1983 because Congress embedded a remedial scheme for redress within each statute.

  • August 30, 2017

    Philips Beats Infringement Claim Over Lighting Trademarks

    A New Jersey federal judge on Tuesday reversed a Trademark Trial and Appeal Board decision in Koninklijke Philips Electronics NV’s trademark suit against Hunt Control Systems Inc. over its marketing for lighting products, concluding that new evidence had demonstrated that Philips is not liable on Hunt’s infringement counterclaims.

  • August 30, 2017

    Law Banning Sports Betting Must Fall, NJ Tells High Court

    The state of New Jersey, a state horsemen's association and a group of policy think tanks urged the U.S. Supreme Court on Tuesday to deem the federal law prohibiting states from authorizing sports wagering unconstitutional, arguing in briefs that Congress can’t compel the Garden State to maintain an unwanted ban on sports betting.

  • August 30, 2017

    'Prior Good Acts' Not Allowed In Menendez Trial, Feds Say

    Prosecutors gearing up for the corruption trial of New Jersey Sen. Bob Menendez next week asked a judge on Wednesday to keep the defense from comparing his favors for a wealthy eye doctor to the senator's other, unrelated official actions.

  • August 30, 2017

    3rd Circ. Lipitor Ruling Smooths Way In Pay-For-Delay Suits

    The Third Circuit recently revived a suit accusing pharmaceutical companies of delaying generic competition for Lipitor and Effexor XR, a decision that will bolster drug buyers in pay-for-delay cases by beating down the specter of higher hurdles against bringing the suits.

  • August 30, 2017

    3rd Circ. Overturns $1M Award In Suit Against Pa. Hospital

    A Third Circuit panel on Wednesday tossed a lower court's $1 million award to a former university student who was dismissed from a Pennsylvania hospital clinical program after she refused to take a drug test, finding the medical center and two others aren't liable to her.

  • August 30, 2017

    NJ Media Group Wins Revival Of Fraud Suit Over IT Contracts

    The New Jersey Appellate Division on Wednesday revived a newspaper publisher's fraud lawsuit alleging a former information technology executive granted millions in unauthorized contracts to his friend's business, ruling that a trial was in order because expert witness testimony and other evidence made the claims plausible.

  • August 30, 2017

    3rd Circ. Backs Pa. Water Permit For Kinder Morgan Pipeline

    The Third Circuit on Wednesday rejected the Delaware Riverkeeper Network's challenge of water permits issued by Pennsylvania for a Kinder Morgan unit's $143 million natural gas pipeline project, a week after nixing the environmental group's challenge of a permit issued by the U.S. Army Corps of Engineers for the same project.

  • August 30, 2017

    Ex-Apple Worker Shopped With Company Card, NJ AG Says

    A former administrative assistant for Apple Inc. was indicted Tuesday for allegedly embezzling about $243,000 from the company and using the ill-gotten gains on luxury items from upscale retailers like Gucci, Attorney General Christopher S. Porrino announced Wednesday.

  • August 29, 2017

    Atty Who Doctored Asbestos Suits Loses Restitution Appeal

    A New Jersey lawyer jailed for inserting made-up clients into asbestos complaints to rack up more than $1 million in extra defense fees and other costs on Tuesday lost an appeal of a decision denying his challenge to a restitution order.

  • August 29, 2017

    3rd Circ. Says UN Rules Don’t Extend Time In Removal Cases

    The Third Circuit issued a precedential ruling Tuesday finding that immigrant requests to reopen removal proceedings based on United Nations protections against torture are subject to time limits, formally adopting a position it took an an earlier case.

  • August 29, 2017

    NJ Baking Co. Settles Pregnancy Bias Row With Ex-Worker

    A contract baking company in New Jersey has vowed to revise its paid family leave and anti-discrimination policies as needed and provide related training to employees as part of resolving allegations that the business unlawfully fired a receptionist while she was on maternity leave, the state attorney general's office announced Tuesday.

  • August 29, 2017

    NLRB Used Wrong Supervisor Test, 3rd Circ. Says

    A split Third Circuit panel on Tuesday rejected a "pile" of procedural challenges to the National Labor Relations Board’s order that a New Jersey nursing home bargain with a union of licensed practical nurses, only to find the board used the wrong test to find the LPNs were employees rather than supervisors.

  • August 29, 2017

    Roche Seeks NJ High Court Review Of Accutane Expert Ruling

    Hoffmann-La Roche Ltd. on Monday urged the New Jersey Supreme Court to review a state appellate decision reviving more than 2,000 cases alleging the company's acne medication Accutane caused patients to develop Crohn's disease, saying the court needed to clarify the appropriate degree of judicial scrutiny in evaluating expert testimony.

  • August 29, 2017

    Dr. Reddy’s Hid Manufacturing Woes, Investors Say

    Dr. Reddy’s Laboratories Ltd. misled investors about quality control issues at its Indian manufacturing facilities, sending its stock down when U.S. and German regulators raised concerns, a proposed class has alleged in New Jersey federal court.

  • August 28, 2017

    3rd Circ. Tosses Claims Against Conrail Over NJ Derailment

    The Third Circuit on Monday tossed lawsuits brought against Consolidated Rail Corp. over a 2012 train derailment and chemical spill in Paulsboro, New Jersey, saying the alleged injuries of an area resident, her children and two first responders fell short of the damages required for federal jurisdiction.

Expert Analysis

  • How Mobile Apps Can Benefit Your Practice

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    Despite the boom in mobile application development, many lawyers are still reluctant when it comes to using apps in their daily work. Attorney Sean Cleary explores the benefits and shares some recommendations for apps geared toward attorneys.

  • Daubert And Product Liability: Mid-2017 Update — Part 1

    Max Kennerly

    A good way to understand the state of the Daubert standard in product liability cases is to examine the four most recent published circuit court opinions. All have one thing in common: The defendants framed Daubert as a matter of pseudoscientific absolutes, and the courts rejected the defendants at every turn, says Max Kennerly of Kennerly Loutey LLC.

  • Rebuttal

    The Future Of Litigation Finance Is Analytics

    Eva Shang

    In a recent Law360 guest article, Christopher Bogart of Burford Capital LLC claimed that "while theoretically well designed to find the proverbial needle in a haystack, big data and AI currently lack the ability to do so usefully in a commercial litigation financing context." But AI can manage many of the tasks that litigation financiers would otherwise perform, says Eva Shang, co-founder of Legalist Inc.

  • Specific Personal Jurisdiction: The Unanswered Questions

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    The tort bar eagerly awaited the U.S. Supreme Court’s decision last month in Bristol-Myers Squibb v. Superior Court of California. But the ruling did not address whether specific jurisdiction exists when the defendant markets a defective product nationwide, and the stream of commerce carries it into the forum state, where it injures the plaintiff, says David Holman of Davis Graham & Stubbs LLP.

  • Where AI Meets Cybersecurity And The Legal Profession

    Randy Sabett

    Artificial intelligence and machine learning will continue to be a major focus for the legal community, whether as an isolated topic, as it intersects with cybersecurity, or within the legal profession itself. Each of these raises unique concerns for attorneys, says Randy Sabett, vice chair of Cooley LLP's privacy and data protection practice group.

  • Avoid Becoming A Dreaded Mortgagee-In-Possession In NJ

    Joshua Howley

    Lenders in New Jersey beware. Although taking possession of a property and the cash flow therefrom after a borrower defaults might be tantalizing, being deemed a mortgagee-in-possession has costly implications, says Joshua Howley of Sills Cummis & Gross PC.

  • Mortgage Servicers Should Review Escheat Compliance

    Kendall Houghton

    Several significant developments have transpired in the world of unclaimed property law that could have a significant impact on mortgage servicers’ compliance efforts. Fortunately, there are several defenses to escheatment that a mortgage servicer could potentially rely on, at least in certain states, say attorneys with Alston & Bird LLP.

  • Insights From Recent Rise In Nuisance And Trespass Cases

    Carlos Romo

    Property owners are increasingly turning to common law nuisance and trespass claims for suits against neighboring industrial activities. Why has there been an upsurge in these cases? Carlos Romo of Lewis Bess Williams & Weese PC examines recent state and federal cases highlighting various legal issues associated with these types of claims.

  • No 'Real Intention To Prosecute' Means Fraudulent Joinder

    Steven Boranian

    The Eastern District of Pennsylvania recently entered a fraudulent joinder order that is worth highlighting. Fraudulent joinder is a type of forum manipulation seen all too often. The order in this case is the right result for the right reason, and the standard applied is one that courts should apply more broadly, says Steven Boranian of Reed Smith LLP.

  • Weekly Column

    Innovating For Wise Juries: Interim Arguments

    Roy Futterman

    By allowing attorneys to summarize what has just occurred in testimony and how it fits into the wider case narrative, courts can substantially improve juror comprehension through every step of a trial. Yet interim arguments are not practiced regularly, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.