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New Jersey

  • July 26, 2018

    Transmar's Trustee Won't Pursue Revived $2.6M Award

    Bankrupt New Jersey trading firm Transmar Commodity Group Ltd.’s trustee does not intend to collect a $2.6 million arbitral award against Peruvian cocoa and coffee growing concern Cooperativa Agraria Industrial Naranjillo Ltda., saying he wants to close the action, a New York federal judge has been told.

  • July 26, 2018

    3rd Circ. Says Medicaid Can't Cover States' Provider Training

    The Third Circuit has clarified that Medicaid rules don’t allow states to be reimbursed for training their providers, issuing a precedential decision affirming that Pennsylvania must pay back $3 million it had recouped from the federal government for instructing nursing homes on a new law.

  • July 26, 2018

    NJ Meadowlands Authority Not Liable For Landfill Cleanup

    A New Jersey appeals court on Thursday agreed that an agency overseeing the zoning and regulatory efforts of the state’s Meadowlands region should not be required to shoulder any burden that may be placed on the town of Kearny in association with the cleanup of a landfill in the area.

  • July 26, 2018

    600 Lb Gorillas Can't Expand Suit On Eve Of Ice Cream Trial

    Dessert company 600 lb Gorillas Inc. cannot add a New Jersey state law claim to its suit against ice cream supplier Mister Cookie Face LLC, a Massachusetts federal judge ruled Thursday, hours before a Boston trial was set to commence in their contract dispute.

  • July 26, 2018

    UberBlack Drivers Fight For Employee Status At 3rd Circ.

    Philadelphia-based Uber limo drivers told the Third Circuit on Wednesday that Uber exploited drivers by misclassifying them as independent contractors to dodge paying minimum and overtime wages, and that a district court improperly ruled that the drivers didn't count as employees under the Fair Labor Standards Act.

  • July 26, 2018

    NJ Says Slew Of Railroad Injury Suits Must Wait For 3rd Circ.

    New Jersey’s attorney general has asked the state’s chief federal district judge to postpone some 30 pending personal injury cases that seek recovery from NJ Transit under the Federal Employers Liability Act until the Third Circuit decides an appellate case that hinges on whether the agency is immune from such civil liability.

  • July 25, 2018

    NY Law Dictates Arbitration Of Sandy Damage In NJ: 3rd Circ.

    The Third Circuit on Wednesday refused to disturb a New Jersey federal court ruling that insureds tied to a developer must arbitrate their claims against an insurance company over coverage for Superstorm Sandy-related damage at their Garden State properties, saying they are bound by an arbitration clause because New York law applies to their policy.

  • July 25, 2018

    Mister Cookie Face Rips Gorillas' Bid To Add NJ Claim

    Dessert maker Mister Cookie Face LLC cried foul on a bid by its former customer 600 lb. Gorillas Inc. to amend its complaint only days before a trial between the two over the butterfat content in ice cream by adding a claim under the New Jersey Consumer Fraud Act, according to an opposition filed Wednesday in Massachusetts federal court.

  • July 25, 2018

    3rd Circ. Affirms FERC Win In Religious Order's Pipeline Fight

    The Third Circuit agreed on Wednesday that a Roman Catholic religious order could not bring an independent lawsuit under the Religious Freedom Restoration Act to challenge approvals from the Federal Energy Regulatory Commission for the controversial Atlantic Sunrise natural gas pipeline.

  • July 25, 2018

    Russian Exporter Indicted Over $65M Smuggling Scheme

    A Russian citizen accused of carrying out a $65 million electronics smuggling scheme between New Jersey and Moscow with his son was indicted by a federal grand jury Wednesday on charges of violating United States export laws, federal prosecutors announced.

  • July 25, 2018

    Novo Nordisk Says Execs Didn't Hide Insulin Sales Woes

    Danish insulin maker Novo Nordisk A/S on Wednesday urged a New Jersey federal judge to dismiss a proposed class action accusing it of misleading investors about its financial sustainability amid U.S. market pressures, arguing that the suing investors haven't pointed to any specific misrepresentations knowingly made by company executives.

  • July 25, 2018

    NJ Justices Uphold Hospital's Privilege Over Care Report

    The New Jersey Supreme Court ruled Wednesday that a hospital may withhold a portion of its self-critical analysis of a former patient's care in her medical malpractice action, but said the facility must provide the woman with a narrative dealing with the underlying information about her treatment.

  • July 25, 2018

    From Billable Hours To Bedtime Stories: Lawyering With Children

    Attorneys are clocking more billable hours than ever before, and when children enter the picture, the demands on their time and finances can drive stress levels to new heights.

  • July 24, 2018

    3rd Circ. Won't Revive Late FTCA Suit Over Mail Truck Crash

    The Third Circuit on Tuesday rejected a woman’s bid to revive her suit against the government over a car accident with a mail truck, ruling the Federal Tort Claims Act requires that two deadlines be met to avoid being barred over timeliness despite her argument that its use of “or” meant it only required one.

  • July 24, 2018

    Del. Court Flags Creditor Sale Of Aerogroup Ch. 11 Assets

    A Delaware bankruptcy judge cautioned Tuesday that he would likely block a planned foreclosure auction of shoe retailer Aerogroup International Inc. litigation rights if creditors and the company fail to come up with a plan that addresses other potential interests in the assets.

  • July 24, 2018

    Doc's Alleged Drug Use Irrelevant To Med Mal Case: NJ Court

    The New Jersey Appellate Division on Tuesday refused to give a woman suing a hospital for medical malpractice access to information about her treating physician’s purported substance abuse history, reasoning that the doctor’s involvement in her childbirth was too limited to justify the sensitive discovery request.

  • July 24, 2018

    NJ Judge Fights Ethics Charges Over 'Discourteous' Emails

    A New Jersey municipal court judge has denied violating ethical standards by sending emails to a prosecutor about a pending case and feigning ignorance of them in speaking with defense counsel, rejecting allegations that she acted in a “discourteous and undignified” manner in the correspondence.

  • July 24, 2018

    Amazon Ducks Out Of Insurer's Product Liability Suit

    Amazon isn’t on the hook for a defective laptop battery it sold that caused a home to burn down, a New Jersey federal court said Tuesday, finding the online marketplace behemoth is not a “product seller” as defined by the state’s Product Liability Act.

  • July 24, 2018

    DEP, EPA Deals Let Ex-NJ Landfill Owner Duck Cleanup Suit

    A New Jersey federal judge has knocked down an ex-landfill operator’s bid to recoup part of its $11 million in pollution cleanup costs from the site’s former owner, saying the now-defunct business is shielded from such liability as a result of its settlements with environmental regulators in bankruptcy proceedings.

  • July 24, 2018

    Celeb Chef's Group Wants Investor Suit In Bankruptcy Court

    Celebrity chef Jose Garces' restaurant group told a federal court on Monday that a couple's suit accusing him of cheating his New York City eatery's investors out of returns should be moved "automatically" to bankruptcy court, arguing that it is the appropriate venue for the action.

Expert Analysis

  • Curious Case Of The Class Cert. Evidentiary Standard: Part 2

    Robert Sparkes

    The majority of circuit courts that have addressed the issue have made clear that district courts should not consider inadmissible evidence when evaluating motions for class certification. In the final part of this series, Robert Sparkes of K&L Gates LLP​​​​​​​ presents a critique of the minority viewpoint as recently adopted by the Ninth Circuit in Sali v. Corona Regional Medical Center.

  • Curious Case Of The Class Cert. Evidentiary Standard: Part 1

    Robert Sparkes

    Can courts consider only admissible evidence at the class certification stage, or are motions for class certification governed by looser evidentiary standards? Robert Sparkes of K&L Gates LLP​​​​​​​ discusses the divergent decisions from the U.S. circuit courts of appeals addressing this issue, both in the context of expert and nonexpert evidence.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 1

    John Reed Stark

    Law firms are increasingly accepting cryptocurrency as payment for services. While this might seem innovative and forward-thinking, ironically it is much more of a throwback, says John Reed Stark of John Reed Stark Consulting LLC.

  • Highway Trust Fund Is Out Of Gas — Time For Mileage Fees

    Joshua Andrews

    Revenue from the federal gas tax — last increased in 1993 — continues to decline, leaving infrastructure critically underfunded. But pilot programs in multiple states have now proven that mileage-based road user fees can replenish the Highway Trust Fund and be implemented practically and fairly, say Joshua Andrews, Charles Stitt and Theodore Bristol of Faegre Baker Daniels Consulting.

  • NJ Construction Employers Must Prepare For Crackdown

    Kevin O’Connor

    New Jersey Gov. Phil Murphy recently signed a new executive order turning up the heat on construction companies that misclassify employees as independent contractors. Moving forward, New Jersey construction firms may face the kind of scrutiny that New York contractors have seen for several years now, say Kevin O'Connor and Joseph Vento of Peckar & Abramson PC.

  • Opinion

    The Fight Against NPEs, 1 Year After TC Heartland

    Rachel Wolbers

    As the data shows, the U.S. Supreme Court's TC Heartland decision last year marked a major milestone in addressing extreme forum selection in patent law, and to some extent the threat of nonpracticing entity litigation abuse faced by startups. But other NPE problems need fixing, say Rachel Wolbers of Engine and Jonathan Stroud of Unified Patents Inc.

  • The Latest On State-Level Noncompete Reform

    Kevin Burns

    Since the White House’s “call to action” for state restrictive covenant reform, over a dozen states have proposed and enacted laws reforming their use by employers. As more and more states answer the “call” and alter an already inconsistent legal landscape, employers that use these types of agreements should review them to ensure compliance, say Kevin Burns and Brian Ellixson of Fisher Phillips.

  • Impediments To Legal Industry's 'Inevitable' Future: Part 2

    Craig Levinson

    I agree with the legal pundits speculating that NewLaw’s present and future disruptors will radically change the legal services industry, but that change may not come quite as rapidly as predicted. Regardless, now is the time for both the incumbents and the challengers to best position themselves for the eventual shakeup, says Craig Levinson, founder of Levity Partners.

  • Impediments To Legal Industry's 'Inevitable' Future: Part 1

    Craig Levinson

    Legal pundits continue to make predictions that newer entrants into the industry — NewLaw firms, the Big Four and alternative legal service providers — will progressively seize greater amounts of market share from traditional law firms. But the BigLaw response has been underwhelming at best, and a glimpse at the market forces puts its lack of urgency into perspective, says Craig Levinson, founder of Levity Partners.

  • FCPA Enforcement Activity In Early 2018: Part 2

    Collmann Griffin

    The first quarter of 2018 was above average in terms of Foreign Corrupt Practices Act investigations closed by U.S. regulators without enforcement. But the government may return to more assertive enforcement in the future — and companies and individuals may still face liability long after the "completion" of any misconduct, says Collmann Griffin of Miller & Chevalier Chtd.