New Jersey

  • January 30, 2018

    Money Woes Can't Justify Med Mal Motion, NJ Panel Says

    The estate of a lap band surgery patient who died within a few weeks of the procedure can’t challenge a malpractice judgment in favor of the doctor it sued just because it can’t afford to formally appeal the outcome, the New Jersey Appellate Division ruled Monday.

  • January 30, 2018

    Gaming Group Says $4.8B To Be Illegally Bet On Super Bowl

    Americans are expected to bet $4.76 billion on the Super Bowl between the New England Patriots and the Philadelphia Eagles, but almost every dollar will be wagered illegally, according to a report released Tuesday blasting federal sports betting restrictions.

  • January 30, 2018

    No Asbestos In J&J Talc, NJ Jury Told In Mesothelioma Case

    Imerys Talc America Inc. and its predecessors have not sold asbestos-containing talc to Johnson & Johnson, an attorney and a corporate representative for the talc supplier said Tuesday during a New Jersey state trial over claims that the pharmaceutical giant's talcum powder products caused a man to develop mesothelioma.

  • January 30, 2018

    Accutane Suits Filed Too Late, NJ Panel Affirms

    The New Jersey Appellate Division on Tuesday backed four trial court victories for Hoffman-LaRoche Inc. in consolidated litigation over adverse effects of its acne drug Accutane, finding the complaints were all filed beyond the two-year statute of limitations for product liability actions.

  • January 29, 2018

    Dem Suit Challenging SALT Cap Needs New Ideas To Succeed

    An anticipated lawsuit against the new federal tax cut legislation pledged by Democratic governors is likely to be dismissed as a frivolous action aimed at courting wealthy voters unless it puts forward convincing and untested legal arguments.

  • January 29, 2018

    Trial Over J&J Talc, Mesothelioma Link Kicks Off In NJ

    Counsel for a man diagnosed with mesothelioma told a New Jersey state jury Monday that he developed the deadly disease as a result of his decades-long exposure to asbestos in Johnson & Johnson's talcum powder products, but a company attorney said talc does not contain the toxic mineral.

  • January 29, 2018

    Lockheed Wins $150M Navy Laser Weapons Contract

    Lockheed Martin has won a $150 million contract to make a laser weapon system for the U.S. Navy, with the possibility for the deal to grow to $942.8 million through contract options, the U.S. Department of Defense announced Friday.

  • January 29, 2018

    Political Consultant To NJ Agency Pleads Guilty To Fraud

    A political consultant admitted in New Jersey federal court Monday to pocketing taxpayer dollars while providing little to no service to a Newark water agency, becoming the latest convict in a scheme that involved hundreds of thousands of dollars, multiple vendors and kickbacks to agency officials, authorities said.

  • January 29, 2018

    Aviation Whistleblower's Claim Was Too Vague, NJ Panel Says

    The New Jersey Appellate Division on Monday refused to revive an aviation company executive's whistleblower claim that he got canned after voicing safety complaints about the company’s communications, ruling that the employee never detailed exactly what he found unsafe.

  • January 29, 2018

    Split Rulings Show Appetite To Change FERC Pipeline Policy

    A recent string of divided pipeline approvals suggest that Federal Energy Regulatory Commissioners are eager to answer Chair Kevin McIntyre's December call to review its nearly 20-year-old pipeline approval policy, though experts caution that any changes may ultimately be more tuneup than overhaul of FERC's review process.

  • January 29, 2018

    NJ Justices Skeptical Of Civil Rights Claim In Zoning Row

    The New Jersey Supreme Court justices on Monday pressed a Spring Lake resident who successfully challenged the construction of her neighbor’s allegedly code-violating home to spell out exactly what civil right of hers was violated, as she'd alleged in a lawsuit over the project, given that the town ultimately agreed to halt the project before she filed her court action.

  • January 29, 2018

    NJ Charity Care Ruling Could Spark Uptick In Patient Claims

    A New Jersey appeals court’s recent published opinion endorsing a wide definition of “emergency” hospital patients who qualify for state assistance with their bills could leave providers with a new influx of claims by patients who were previously denied this benefit and ended up paying out of pocket, attorneys said.

  • January 26, 2018

    NAB Seeks To Oppose Media Ownership Deregulation Suit

    The National Association of Broadcasters on Thursday asked to intervene in a suit in the Third Circuit challenging the Federal Communications Commission’s deregulation of its broadcast media ownership rules, saying its members would be adversely affected if the decision is reversed.

  • January 26, 2018

    NJ Med Mal Suit Moves Ahead Despite Late Expert Report

    A New Jersey federal judge on Friday allowed a medical malpractice action to move forward from a man alleging the negligence of a doctor and a hospital during his birth caused him to develop a brain condition, stopping short of tossing the suit over the late filing of his expert report.

  • January 26, 2018

    Wawa Wins Ex-Worker’s 'Speak English' Discrimination Suit

    Wawa Inc. won the dismissal of an ex-worker's discrimination claims Friday, as a New Jersey federal judge found the convenience store made a reasonable case that it fired a gas station attendant because he failed to ring up sales, and not in retaliation for complaining that a supervisor told him to “speak English.”

  • January 26, 2018

    3rd Circ. Says Pa. School Is Immune From Retaliation Suit

    In a precedential opinion Friday, the Third Circuit refused to revive a onetime Pennsylvania university executive’s whistleblower retaliation suit, saying that her comments about school budget misrepresentations were not constitutionally protected and that the state higher education system is shielded from such litigation.

  • January 26, 2018

    What's At Play In First J&J Talc Asbestos Trial

    After recently defeating the first of a slew of cases claiming that its talcum powder products caused consumers to develop mesothelioma, Johnson & Johnson is facing the start of another trial on Monday in its home state of New Jersey. Law360 looks at three things the plaintiff will be looking to show the jury.

  • January 26, 2018

    Mylan Pradaxa Generic Delayed In Boehringer Patent Deal

    Mylan Pharmaceuticals Inc. has agreed to hold off on its generic version of Boehringer Ingelheim’s blockbuster blood thinner Pradaxa as part of a patent infringement settlement cleared Friday by a New Jersey federal judge.

  • January 26, 2018

    Jurist Accused Of Profane Rant In Bid To Duck DWI Arrest

    A New Jersey municipal court judge has been accused of ethics violations for allegedly using profanity toward state troopers and seeking special treatment when he was arrested in 2016 for driving while intoxicated after the officers found him asleep in his car on the side of a highway.

  • January 26, 2018

    NY, NJ, Conn. Govs. Promise To Sue Feds Over Tax Overhaul

    The Democratic governors of New York, New Jersey and Connecticut said on Friday they've formed a coalition to sue the federal government over the state and local tax deduction cap in the recently enacted federal tax law, arguing it tramples on states' rights and the U.S. Constitution's Equal Protection Clause.

Expert Analysis

  • The Intersection Of Arbitration And Choice-Of-Law Clauses

    Rachel Mongiello

    Clients on the verge of litigation with a contractual counterparty often furnish their attorneys with the negotiated contract containing a mandatory arbitration provision and choice-of-law clause. But an often overlooked question is whether the Federal Arbitration Act or the parties’ chosen law governs the arbitration itself, says Rachel Mongiello of Cole Schotz PC.

  • Plavix Ruling Raises Learned Intermediary Questions

    Stefanie Colella-Walsh

    A federal judge in New Jersey recently granted summary judgment to drug manufacturers in a lawsuit alleging that Plavix caused gastrointestinal bleeding. The multidistrict litigation court, sitting in New Jersey, applied California's learned intermediary doctrine, but may not have reached the same conclusion had it applied New Jersey law, say Stefanie Colella-Walsh and Martin Schrama of Stark & Stark.

  • Opinion

    We Need A Green Amendment

    Maya van Rossum

    Instead of pleading with lawmakers to do the right thing, constitutional amendments would elevate environmental rights to the status of our most cherished liberties, says Maya van Rossum, leader of the Delaware Riverkeeper Network and director of the Environmental Law Clinic at Temple’s Beasley School of Law.

  • Series

    Judging A Book: Saris Reviews 'Locking Up Our Own'

    Judge Patti Saris

    Having just completed a six-year term as chair of the U.S. Sentencing Commission, I read Yale Law School professor James Forman's new book, "Locking Up Our Own: Crime and Punishment in Black America," with particular interest, says Judge Patti Saris, chief judge for the U.S. District Court for the District of Massachusetts.

  • COPPA: The Latest Chapter In Consumer Class Actions

    Perrie Weiner

    Though the Children’s Online Privacy Protection Act does not provide a private right of action, a recent spate of consumer class actions have attempted to use the law as a predicate for asserting violations of common law privacy-related torts and various state consumer protection statutes, say attorneys at DLA Piper LLP.

  • Why Asking About Salary History Is Risky Anywhere

    Joseph Kroeger

    Recently there has been significant attention around new laws and ordinances that prohibit employers from asking job applicants about their salary history in various U.S. states and cities. But are employers outside of these jurisdictions free to ask for salary history information of applicants without risk? Hardly, say Joseph Kroeger and Audrey Roberts of Snell & Wilmer LLP.

  • Dissecting NAIC's Insurance Data Security Model Law

    Lawrence Hamilton

    On the heels of the new Insurance Data Security Model Law recently adopted by the National Association of Insurance Commissioners, members of Mayer Brown explain the new law, its substantive requirements, and the takeaways for the insurance industry.

  • 5 Ways Retailers Can Avoid Holiday Employment Headaches

    John Richards

    During the holiday season, employees are more likely to request time off or call in sick. For retailers, however, this time of year typically means increased customer demand, staffing challenges and potential for more wage and hour exposure. Given these issues, attorneys at Greenberg Traurig LLP offer a few tips for retailers to keep in mind.

  • NJ Consumer Contract Act Questions May Soon Get Answers

    Loly Tor

    The New Jersey Supreme Court recently ruled that certain claims under the state's Truth-in-Consumer Contract, Warranty and Notice Act could not be certified. But the court left other TCCWNA issues to be decided another day. Its forthcoming decision in Spade v. Select Comfort Corp. may provide answers to those remaining questions, say attorneys with K&L Gates LLP.

  • Roundup

    Judging A Book

    Justice and Empathy

    Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.