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New Jersey

  • December 19, 2018

    NJ Justices Nix Kraft's Bid To Duck Tax On $934M Interest

    A Kraft Foods Inc. subsidiary has fallen short in its bid to avoid taxes on roughly $934 million in interest payments it made to its Chicago-based parent company after the New Jersey Supreme Court declined to review a ruling that the business was ineligible for a tax deduction, according to an order made available Wednesday.

  • December 19, 2018

    J&J Can't Shed $4.7B Talc Verdict In Missouri

    A Missouri state judge on Wednesday declined to nix the $4.69 billion verdict in favor of 22 women in the first trial over claims that asbestos in Johnson & Johnson’s talcum powder causes ovarian cancer, saying substantial evidence at trial supports the award.

  • December 19, 2018

    Schumer To Trump: No End-Of-Year Deal On Judges

    Senate Minority Leader Chuck Schumer, D-N.Y., likely sank the hopes of about three dozen judicial nominees for being confirmed any time soon, saying Wednesday he would object to advancing any of them swiftly before the end of the year.

  • December 19, 2018

    Port Authority Beats 'World Trade Center' Trademark Suit

    The Port Authority of New York and New Jersey, which owns the World Trade Center, won a ruling Tuesday dismissing accusations of trademark infringement from a group that quietly bought the rights to the famous name in the 1980s.

  • December 19, 2018

    Lockheed Martin Wins $585M Missile Defense Radar Contract

    Aerospace powerhouse Lockheed Martin Corp.'s Moorestown, New Jersey, unit has been awarded a $585 million, five-year contract to manufacture a Hawaii-based missile defense radar in an effort to counter evolving threats, the U.S. Department of Defense said Tuesday.

  • December 19, 2018

    NJ Atty's Improper Argument Leads To New Slip-And-Fall Trial

    A New Jersey appeals court on Wednesday tossed a property owner’s trial win in a slip-and-fall case, ordering a new trial because the property owner’s attorney improperly gave jurors information during closing arguments that had not been admitted into evidence.

  • December 19, 2018

    Ex-NJ Judge Says He Didn't Know DWI Fund Protocol

    A retired New Jersey municipal court judge accused of taking unapproved payments, including nearly $12,000 for himself, from a state fund dedicated to the administration of backlogged drunken driving cases during his time on the bench urged an ethics panel on Wednesday to go easy on him, insisting he’d been in the dark about the fund’s authorization paperwork protocol.

  • December 19, 2018

    NJ High Court To Review Merck Shareholder's Doc Request

    The New Jersey Supreme Court has agreed to consider whether a Merck & Co. Inc. shareholder may access corporate records that were largely created based on his demand for the pharmaceutical giant's board to sue itself and company executives over what he claimed was Merck's reckless acquisition of Cubist Pharmaceuticals Inc.

  • December 18, 2018

    Celgene Wants Mylan Sanctioned For Bid To Add Witnesses

    Celgene Corp. urged a New Jersey federal judge Tuesday to reject Mylan Pharmaceuticals Inc.’s bid to add three consumer witnesses in its antitrust case against Celgene over cancer drugs Thalomid and Revlimid, or at least sanction Mylan through attorneys’ fees and costs in connection with additional discovery related to the witnesses.

  • December 18, 2018

    Bondholders Say Nix Ruling In $1.2B Crystallex Award Row

    Holders of bonds issued by Petróleos de Venezuela SA have urged the Third Circuit to overturn a decision allowing Crystallex International Corp. to seize shares in Citgo's parent company, saying it could jeopardize their interests as creditors of the state-owned oil company.

  • December 18, 2018

    NJ Fraudster Can No Longer Delay Foreclosure, 3rd Circ. Says

    The Third Circuit has refused to disturb a bankruptcy court's liquidation of a legally embattled New Jersey college professor's assets in furtherance of a bank's long-stalled foreclosure on her home, ruling Monday that she never raised any "meaningful challenge" to the move beyond her disagreement with it.

  • December 18, 2018

    IRS Suit Too Late, Dead NFL Player's Ex Tells 3rd Circ.

    The former spouse of deceased NFL player Jeffrey Komlo appealed a district court’s affirmation of federal taxes and penalties, telling the Third Circuit on Tuesday that the lower court wrongly extended the IRS’ deadline to sue for the funds owed.

  • December 18, 2018

    Gov't Defends Census Citizenship Question Before High Court

    The Department of Commerce on Monday told the U.S. Supreme Court that a lower court had improperly challenged an agency action by ordering extra-record discovery, including the deposition of Commerce Secretary Wilbur Ross, in a suit over the inclusion of a question about citizenship status on the 2020 census.

  • December 18, 2018

    States Plan Regional Pact To Slash Transportation Emissions

    Nine eastern U.S. states and the District of Columbia on Tuesday announced plans to develop a regional cap-and-invest system aimed at slashing carbon emissions from the transportation sector, echoing the Regional Greenhouse Gas Initiative that uses cap-and-trade to reduce carbon emissions from power plants.

  • December 18, 2018

    NJ Car Dealer Can't Force Arbitration Of 'Hidden Fee' Suit

    The New Jersey Appellate Division on Tuesday upended a trial court ruling forcing arbitration of class claims that a car dealership charged a “hidden fee” to customers trading in used cars as part of their vehicle purchases, saying an agreement did not state that disputes could only be resolved via arbitration.

  • December 18, 2018

    $2.4M Settlement Reached In J&J 'Natural' Baby Wash Suit

    A woman suing Johnson & Johnson for allegedly misleading consumers by putting “natural” labels on its baby wash has asked a Connecticut federal court to approve a $2.4 million settlement that would also certify a multistate class of baby wash buyers, calling the deal “an excellent result.”

  • December 18, 2018

    The Moments That Mattered Most For Legal Ethics In 2018

    Anyone who thinks that legal ethics is a sleepy area of the law didn't live through 2018. The year saw major decisions about conflict waivers and defunct firm clawbacks, among other meaty topics, and enough head-shaking news springing from the special counsel probe into the presidential election to make one dizzy. Here, Law360 highlights some of the biggest ethics and professional conduct stories of 2018.

  • December 18, 2018

    The Year #MeToo Rocked In-House Law Departments

    General counsel from various industries were forced into the spotlight and held publicly accountable this year — either because they allegedly behaved inappropriately or were accused of handling internal situations poorly — as the #MeToo movement swept through corporate America and its in-house law departments.

  • December 17, 2018

    Quest Can't Ditch TCPA Suit Over Debt Collection Call

    A New Jersey federal judge on Monday refused to toss a proposed class action accusing Quest Diagnostics of unlawfully making unsolicited phone calls to collect debts, ruling that the plaintiff had sufficiently alleged that the equipment used to place the offending call qualified as an "autodialer" under the Telephone Consumer Protection Act.

  • December 17, 2018

    NJ Assembly OKs Using $50M From Exxon Deal For Cleanup

    The New Jersey Assembly on Monday unanimously approved legislation earmarking $50 million for natural resource damage restoration projects out of the state’s $225 million settlement with Exxon Mobil Corp. over contamination from its refineries and gas stations.

Expert Analysis

  • Top 10 Snap Observations From The 2018 Midterm Elections

    Frank Donatelli

    The just-completed midterm elections could be called the “cafeteria midterms,” because there was something for everyone. The results offered both encouragement and warnings for Democrats and Republicans looking to 2020, says Frank Donatelli of McGuireWoods Consulting LLC.

  • Q&A

    Back To School: Yale's Linda Greenhouse Talks Journalism

    Linda Greenhouse

    In this series featuring law school luminaries, Yale Law School lecturer and Pulitzer Prize-winning reporter Linda Greenhouse discusses her coverage of the U.S. Supreme Court, the conservatives' long game, and journalism trends.

  • What Sikkelee Means For Preemption In The 3rd Circ.

    Alexis Kellert

    Conflict preemption was at the heart of the Third Circuit’s recent analysis in Sikkelee v. Precision Airmotive, where the majority shifted precedent to inject state law into federally regulated aviation design, says Alexis Kellert of Weil Gotshal & Manges LLP.

  • Opinion

    Celebrate Veterans By Improving Their Access To Justice

    Linda Klein

    Attorneys should think beyond the Veterans Day parades and use their time and talents to help the many veterans facing urgent legal issues, says Linda Klein of Baker Donelson Bearman Caldwell & Berkowitz PC.

  • Bringing Alcoholic Beverage Coupons Into The Digital Age

    Alva Mather

    Laws on coupons and rebates for alcoholic beverages vary across the country. Ascertaining the legal status of digital coupons, which may not have been envisioned when a state's laws were written, creates additional wrinkles for companies, says Alva Mather of DLA Piper.

  • When Regulatory Standards And Truth In Advertising Collide

    Terri Seligman

    The Ninth Circuit's decision in Durnford v. MusclePharm Corp. — like two other recent decisions — highlights the balancing act between regulatory standards and truth-in-advertising principles. Compliance with standards doesn't always mean advertisers are in the clear, says Terri Seligman of Frankfurt Kurnit Klein & Selz PC.

  • Opinion

    Time To Reclaim Wellness For All Lawyers

    Leesa Klepper

    The decision last month by Baker McKenzie’s global chairman to step down due to exhaustion indicates that the legal profession needs to mount a broader wellness effort to address long hours, high stress, frequent travel and the daily demands of practice, says Leesa Klepper, director of Thrivewell Coaching.

  • Opinion

    AGs Are Now The 1st Round Draft Picks Of American Politics

    Joshua Spivak

    Given their recent track record and growing policy power, state attorneys general should be the group everyone is watching on Election Day. Chances are the winners of these races will move to higher offices soon enough, says Joshua Spivak, senior fellow at the Hugh L. Carey Institute for Government Reform at Wagner College.

  • Protecting Law Firm Talent At Both Ends

    Susan Blakely

    By 2030, it is possible that 75 percent of lawyers practicing in the U.S. will be millennials. A broadened focus on retention and advancement of all young lawyers is therefore a logical step forward but it fails to address another major retention issue that law firms should explore, says Susan Smith Blakely of LegalPerspectives LLC.

  • Q&A

    Wendy Olson Talks Twin Falls, Tribes, Private Practice

    Wendy Olson

    Former U.S. Attorney for the District of Idaho Wendy Olson discusses her decades of experience prosecuting white collar crimes and civil rights violations, her work and challenges as U.S. attorney, and her move to private practice.