New Jersey

  • May 1, 2018

    Chemours Severance Program Not ERISA Plan, 3rd Circ. Says

    The Third Circuit ruled Monday that a severance plan offered by Chemours Co. in conjunction with a voluntary reduction in staff was not governed by the Employee Retirement Income Security Act, affirming the dismissal of three former employees' proposed class action alleging breach of fiduciary duty.

  • May 1, 2018

    NJ Panel Says Expert Not Required In Sandy Insurance Suit

    A New Jersey state appeals court on Tuesday revived a lawsuit against an insurance agency and its employee over claims they misrepresented the coverage available for a residence damaged in Superstorm Sandy, saying a trial court improperly tossed the action over the homeowners’ failure to submit an expert affidavit.

  • May 1, 2018

    Atty Contempt Order Stayed In Chipotle OT Suit Amid Appeal

    A Texas federal judge on Tuesday paused a contempt order entered against a plaintiff and her attorneys from firms including Cohen Milstein for filing an overtime lawsuit against Chipotle in New Jersey based on a rule he had blocked, holding the chain would not be harmed while plaintiffs fight the order at the Fifth Circuit.

  • May 1, 2018

    Sandy Insurance Ruling Must Be Explained, NJ Court Says

    The New Jersey Appellate Division on Tuesday upended an insurer’s win in a suit over Superstorm Sandy damage, issuing a published decision clarifying a court rule that requires judges to provide reasoning along with orders.

  • May 1, 2018

    NJ Atty's Knowledge Of Potential Claim Sank Coverage Suit

    The New Jersey Appellate Division on Tuesday ruled that Ironhorse Indemnity Co. doesn't owe coverage to Pappas & Wolf LLC for a legal malpractice suit stemming from its representation of a defunct investment firm tied to a $40 million Ponzi scheme, because the law firm misled the insurer about its knowledge of potential claims.

  • May 1, 2018

    J&J Subsidiary’s Breast Implants Caused Cancer, Suit Says

    A Johnson & Johnson subsidiary manufactured silicone-gel breast implants used by more than 5 million women that have caused at least one patient to develop a form of cancer, according to a suit filed in New Jersey state court.

  • April 30, 2018

    NJ Justices Disbar Atty Accused Of Misusing Client's $275K

    New Jersey’s highest court has approved the voluntary disbarment of an attorney who was hit with criminal charges earlier this month for allegedly using about $275,000 belonging to a client for his own purposes and lying to detectives to hinder the investigation, according to an order filed Monday.

  • April 30, 2018

    3rd Circ. OKs Sentence For ICE Agent Who Sold Docs For Sex

    A New Jersey federal court did not err by declining to further reduce a remorseful former federal immigration officer’s prison sentence after a jury convicted him of trading sex and cash for worker authorization documents, the Third Circuit held on Monday.

  • April 30, 2018

    NJ Atty Disbarred After Getting Diversion In Criminal Case

    A New Jersey attorney has relinquished his license to practice law in the Garden State after being admitted into a diversionary program over criminal charges he provided clients with a forged state court judgment and made a bogus payment to them by misusing entrusted funds.

  • April 30, 2018

    $10K Sanctions For Late-Filing Atty Exposed By Instagram

    A New Jersey federal judge has imposed a $10,000 sanction on a lawyer whose excuse for missing a court filing deadline in an employment suit was later refuted by photos on her Instagram account, writing that she deliberately misled the court and other attorneys about a trip she took to Mexico.

  • April 30, 2018

    Volvo Electric SUV Owners Say Mileage Suit Belongs In NJ

    The Illinois couple leading a proposed class of Volvo hybrid SUV owners in a suit against the company said Monday they were willing to move the suit to New Jersey to prevent Volvo from claiming the current venue in Illinois lacked jurisdiction over all class members. 

  • April 30, 2018

    NJ Atty With Radio Show Stole $2M From Elderly Clients: AG

    A prominent New Jersey elder law attorney and radio host was indicted Monday on charges that he stole nearly $2 million from clients, some of whom suffered from dementia and had no close relatives to guard their interests, state Attorney General Gurbir S. Grewal announced.

  • April 30, 2018

    Weber Gallagher Adds 5 Wilson Elser Attys To Med Mal Group

    Five attorneys from Wilson Elser Moskowitz Edelman & Dicker LLP have left the international firm to join Weber Gallagher Simpson Stapleton Fires & Newby LLP's medical malpractice team in its Bedminster, New Jersey, office, the latter firm announced on Monday.

  • April 30, 2018

    NJ Builder Can't Shake Denial To Connect To Water System

    The New Jersey Appellate Division on Monday refused to second-guess a municipal water agency’s refusal to allow a builder to connect its mixed-use development with more than 1,000 homes to the town’s system without a 1 million-gallon water storage tank, ruling expert testimony showed the tank is needed.

  • April 30, 2018

    J&J Urges Court To Toss $117M Verdicts In NJ Talc Case

    Johnson & Johnson and its talc supplier have urged a New Jersey state court to toss verdicts totaling $117 million in damages against them over claims that the pharmaceutical giant sold asbestos-containing talcum powder that contributed to a man's mesothelioma, saying he failed to prove that such alleged contamination caused his deadly disease.

  • April 30, 2018

    3rd Circ. Won't Rethink Ruling In Birth Control Mandate Battle

    The Third Circuit on Friday said it won’t rehear an August split panel decision that found individual employees can’t claim the contraceptive mandate of the Affordable Care Act violates their rights under the Religious Freedom Restoration Act.

  • April 27, 2018

    3rd Circ. Upholds Enviro Co. Founder’s Tax Fraud Sentence

    Denying a sixth consecutive continuance did not deprive the founder of an environmental services company of due process rights, especially when he engaged in dishonest behavior and failed to follow his plea agreement during the five previous extensions, a Third Circuit panel ruled Thursday.

  • April 27, 2018

    Interim NJ US Atty Tapped By Court To Remain In Post

    U.S. Attorney Craig Carpenito will remain the top prosecutor in the District of New Jersey when his interim term expires in about a week, a federal judge ordered Friday.

  • April 27, 2018

    NJ Personal Injury Atty Disbarred For Misusing Client Funds

    New Jersey's highest court has disbarred an attorney for using more than $11,000 out of a client's settlement in a personal injury action for her own purposes when she was only entitled to about $61 in outstanding fees.

  • April 27, 2018

    NLRB Again Sides With Health Workers In Union Benefits Spat

    The National Labor Relations Board on Thursday said a New Jersey health care facility violated federal law by withholding certain benefits from workers mulling unionization, reaching the same conclusion as it did prior to the Third Circuit telling the agency to rethink its decision.

Expert Analysis

  • Lawyering A La Carte: Unbundled Dispute Resolution Services

    David Wallace

    There's no reason for limiting unbundled legal services to family law or even pro se litigants. Wider adoption, especially by litigators, presents an opportunity to correct law's distribution and pricing problem, to make justice practically available to all, and to dethrone litigation as the "sport of kings," says New York-based trial lawyer David Wallace.

  • You’re Perfect, Now Change: Perfectionism Hurts Lawyers

    Peter Norman

    Like medical professionals, lawyers often resist policies to reduce errors due to the culture of perfectionism that permeates the industry. Autonomy is key to the legal professional's prestige and the outward demonstration of competence is key to maintaining autonomy, says Peter Norman of Winnieware LLC.

  • Opinion

    Grassley, Feinstein Debate Judicial Vetting, Obstruction

    Sen. Chuck Grassley

    It is undisputed that in his first year in office President Trump was able to confirm a significant number of judges to the federal bench. How it happened — and whether it's a good thing — are debated here by Sen. Chuck Grassley, R-Iowa, and Sen. Dianne Feinstein, D-Calif.

  • 3rd Circ. Gets It Partly Right On Component Preemption

    Michelle Hart Yeary

    The recent Third Circuit opinion in Shuker v. Smith & Nephew got the most important issue right — when you have a multicomponent medical device, premarket approval preemption is to be addressed on a component-by-component basis. This is an important question, because surgeons engaging in off-label use do mix and match parts with different regulatory backgrounds, says Michelle Yeary of Dechert LLP.

  • Will High Court Provide Clarity On 'Clear Evidence'?

    Erin Bosman

    The U.S. Supreme Court may soon revisit a seminal decision on products liability law for pharmaceutical manufacturers. If the court grants Merck & Co.'s request for certiorari in Fosamax, it could signal that lower courts, as well as branded manufacturers, will finally receive guidance on Levine’s "clear evidence" standard, say attorneys with Morrison & Foerster LLP.

  • Why Sexual Harassment Victims Face Class Action Hurdles

    Daniel Messeloff

    The #MeToo movement continues to gain momentum, but before a wave of litigation can ensue, the federal government and the U.S. Supreme Court will need to revisit the question of arbitration clauses in employment contracts. Even then, there will still be hurdles to establishing class claims for sexual harassment, say Daniel Messeloff and Emily Knight of Tucker Ellis LLP.

  • State And Local Tax Scoreboard: 2017 In Review

    State And Local Tax Scoreboard: 2017 Year In Review

    In this review of state and local tax decisions in 2017, Charles Capouet and Jessica Allen of Eversheds Sutherland LLP share observations on taxpayers’ outcomes in corporate income tax and sales and use tax cases, and look back at significant rulings such as the Pennsylvania Supreme Court’s decision in Nextel.

  • Class Action Lawyers Behaving Badly

    Thomas Dickerson

    In prosecuting and defending class actions, a conservative, ethical and salutary approach should be taken by all parties. Unfortunately, a survey of recent cases reveals a wide range of problematic behavior by certain class action attorneys, which only lends credence to criticisms of the class action concept, says retired judge Thomas Dickerson.

  • Make An Informed Choice About Arbitration

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    In an age of data-driven decision-making, too many companies are making important choices about dispute resolution based on anecdotes and isolated experiences. I’d like to explain why a number of objections to arbitration are ill-founded, says Foley Hoag LLP partner John Shope.

  • Murphy’s Law: What Can Be, Will Be Taxed In New Jersey?

    Mitchell Newmark

    New Jersey's new governor is eager to change how his state taxes individuals and businesses, though similar proposals have been criticized or even defeated during past administrations. If he succeeds, Gov. Phil Murphy will significantly change the state's tax regime, say Mitchell Newmark and Eva Niedbala of Morrison & Foerster LLP.