New Jersey

  • March 7, 2017

    Fishermen Challenge Obama’s Atlantic Marine Monument

    A coalition of New England fishermen organizations on Tuesday sued the federal government over former President Barack Obama’s designation of an oceanic national monument that they say will harm commercial fishing in the area.

  • March 7, 2017

    Fraudster Loses Bid To Toss 20-Year Sentence In $930M Scam

    A New Jersey federal judge has declined to set aside a 20-year prison sentence for a man who copped to masterminding a $930 million Ponzi scheme using a fake grocery wholesale distributing business, saying that his claims of a conspiracy don’t outweigh his 2010 guilty plea.

  • March 7, 2017

    Ex-Congressman's Son Says Leaks Tanked His Defense Fund

    The son of ex-U.S. Rep. Chaka Fattah told the Third Circuit during oral arguments on Tuesday that information leaked to a newspaper about a federal investigation that ended with his conviction on bank fraud charges left him jobless and unable to afford counsel to defend him at trial.

  • March 7, 2017

    Appeal Of Birth Defect Liability Cap Too Early, 3rd Circ. Says

    The Third Circuit on Monday dismissed an appeal of a New Jersey federal court’s decision capping a health clinic’s liability at $250,000 for allegedly failing to screen a pregnancy for a developmental defect, ruling that the decision to cap damages was not yet a final enough decision to be appealed.

  • March 6, 2017

    79-Year-Old NJ Doctor Convicted In $100M Kickback Scheme

    A New Jersey federal jury convicted a 79-year-old family doctor Monday of taking bribes in exchange for sending patient tests to the now-defunct Biodiagnostic Laboratory Services LLC, marking the latest chapter in a long-running $100 million scandal that has netted 43 convictions thus far.

  • March 6, 2017

    NJ Class Action Revived Over Progressive's Auto Policies

    A New Jersey appellate panel on Monday vacated the dismissal of a proposed class action accusing Progressive Casualty Insurance Co. of improperly allowing Medicare and Medicaid beneficiaries to buy automobile insurance policies they weren’t eligible for, finding that the trial court prematurely decided issues of fact.

  • March 6, 2017

    NJ Panel Says Expert's Unavailability Can't Sink Suit

    The New Jersey Appellate Division reinstated a medical malpractice complaint that was dismissed due to an expert witness’s unavailability, ruling that, absent exceptional circumstances, a case should be decided on its merits, not scheduling issues.

  • March 6, 2017

    NJ Judge Refuses To Toss Ex-Princeton Dean's Breach Suit

    A New Jersey judge on Friday refused to toss lawsuit alleging Princeton University’s leaders hastily demoted a former dean and stoked the rumor mill after an Internet posting revealing allegations that he’d plagiarized portions of his submission to an Italian architecture festival.

  • March 6, 2017

    3rd Circ. Firm On Robert Half Workers' Class Arbitration

    The Third Circuit said Monday it would not reconsider its recent decision affirming the dismissal of a proposed collective action by former Robert Half International Inc. workers, leaving intact its conclusion that a district court correctly found the staffing agency could address overtime claims in individual arbitration rather than on a classwide basis.

  • March 6, 2017

    Jobless Benefits Can't Be Docked From Bias Award: NJ Court

    A New Jersey state appeals court on Monday reinstated a portion of a jury award won by a flight  instructor in an employment bias lawsuit after finding that a state law aimed at preventing double recovery in personal injury cases didn’t apply to Law Against Discrimination claims.

  • March 6, 2017

    NJ Construction Settlement Upheld Despite Atty Conflict

    Two New Jersey Appellate Division judges on Monday again upheld a trial court ruling enforcing a settlement between two construction contractors despite an attorney’s alleged conflict, saying they were not dissuaded by the additional arguments made after a remand from the New Jersey Supreme Court.

  • March 6, 2017

    Ex-NJ AG Avoids Prison In Airline Bribery Plot

    Onetime New Jersey Attorney General and former Port Authority Chairman David Samson was sentenced Monday to a year of home confinement and four years’ probation over a United Airlines Inc. bribery scheme, capping a bewildering fall from grace for one of the Garden State's top power brokers.

  • March 3, 2017

    No Preemption Split To Resolve In Reglan Case, Justices Told

    The consumers who alleged that Pliva Inc. and other drugmakers didn’t adequately warn about the neurological risks of generic Reglan have urged the U.S. Supreme Court to reject the companies’ petition for certiorari, arguing that no court split exists on whether the state law claims are preempted by federal law.

  • March 3, 2017

    Menendez Doc Says Feds Overcharged In Fraud, Bribery Case

    A Florida doctor accused of committing Medicare fraud and bribing Sen. Robert Menendez, D-N.J., tried Thursday to get nine counts dismissed before the start of trial Monday, arguing that prosecutors improperly overcharged the case.

  • March 3, 2017

    'Housewives' Star Fights Ex-Atty's Appeal Of Bankruptcy Deal

    A onetime incarcerated star of “The Real Housewives of New Jersey” and the trustee of her bankruptcy estate on Friday urged a New Jersey federal court to uphold a ruling allowing them to pursue a malpractice action against her former attorney in state court, saying the lawyer lacks standing to challenge the decision.

  • March 3, 2017

    Samsung Can't Arbitrate Smartwatch Battery Suit: 3rd Circ.

    The Third Circuit affirmed on Friday a lower court’s ruling that denied Samsung Electronics America Inc.’s bid to force a consumer to arbitrate his putative class action alleging it misled consumers about the battery life of its smartwatches, finding that an arbitration provision buried in a 143-page document isn’t binding.

  • March 3, 2017

    Fox Stations Ask FCC To Allow NY Post Co-Ownership

    Fox Television Stations LLC has asked the Federal Communications Commission to allow the continued combined ownership of New York and New Jersey TV stations alongside the New York Post despite a local ownership limit, saying the FCC’s new leadership supports nixing the rule.

  • March 3, 2017

    NJ Grand Jury Finds Scammers Bilked Investors Out Of $7M

    A New Jersey grand jury indicted eight people Friday for allegedly defrauding 26 investors, including elderly retirees, out of more than $7 million through two bogus investment scams and spending the money on pricey cars, homes and other lavish items, Attorney General Christopher S. Porrino announced.

  • March 3, 2017

    NJ Payroll Co. Owner Reaches Plea Deal In $5.6M Tax Scheme

    A plea agreement has been reached in the case against the owner of a New Jersey payroll processing company who has been accused of defrauding more than 50 clients, including the city of Trenton, out of more than $5.6 million, according to a court order issued Thursday.

  • March 3, 2017

    NJ Condo Owners Must Share In Pollution Probe Cost: Court

    The New Jersey Appellate Division on Friday affirmed a couple’s obligation to offset the investigation costs of environmental contamination possibly stemming in part from their property, finding that a law modifying the environmental remediation process didn’t let them off the hook. 

Expert Analysis

  • Life Settlements Industry: 2016 In Review

    Brian T. Casey

    Last year saw several large portfolio trades in the tertiary life settlements market, and the industry faced cost of insurance increases by several major companies. Brian Casey and Thomas Sherman of Locke Lord LLP discuss 2016's most important life settlements court cases from all around the country.

  • ConAgra Opinion May Repair Ascertainability Circuit Split

    Fred Taylor Isquith

    In its systematic, careful and Rule 23-specific opinion in Briseno v. ConAgra, the Ninth Circuit found a way to eviscerate the Third Circuit’s views on “ascertainability.” This important opinion may not end the debate, but it may engender new thinking from the Third and Fourth Circuits, says Fred Taylor Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • How Litigation Funding Is Bringing Champerty Back To Life

    John H. Beisner

    While some courts have declined to apply the common-law doctrine of champerty to invalidate third-party litigation funding agreements, two recent rulings by appellate courts in New York and Pennsylvania have brought renewed attention to champerty principles, casting doubts on the legality of certain forms of third-party litigation funding, say John Beisner and Jordan Schwartz of Skadden Arps Slate Meagher & Flom LLP.

  • Attracting And Retaining The Millennial Lawyer

    Christopher Imperiale

    Instead of trying to change the new workforce to follow a law firm's existing processes and procedures, perhaps it's time for firms to start changing their processes and procedures to better accommodate the mentality of this next generation of lawyers, says Christopher Imperiale, a law firm adviser with Berdon LLP.

  • Trump's EPA: Be Careful What You Wish For

    Mitchell J. Klein

    Trying to prognosticate what President-elect Donald Trump will do is very difficult. But assuming he does seek to implement change at the U.S. Environmental Protection Agency, if it's perceived as backing off of environmental enforcement, private parties will step in and cases will likely be even more expensive, more problematic and more unreasonable than those brought by the EPA and the states, says Mitchell Klein of Snell & Wilmer LLP.

  • Talking 'Bull': Episode 11, Teacher’s Pet

    Roy Futterman

    In this weekly column, real-life New York City jury consultant and psychologist Roy Futterman parses fact from fiction in "Bull," the new TV series airing on CBS about a fictional NYC jury consultant/psychologist. Spoiler alert ...

  • It’s Time To Change The Law Firm Business Model

    Lucia Chiocchio

    Every year, statistics reveal very little change in the number of women and minorities in the ranks of partnership. So how do law firms change this painfully slow rate of progress? It takes more than adding a diversity policy or a women’s leadership program to the current law firm business model, says Lucia Chiocchio, co-chair of Cuddy & Feder LLP's telecommunications and land use, zoning & development groups.

  • Amended Rule 37(e): 1 Year Later

    Samantha Southall

    After a full year in effect, the amended Federal Rule of Civil Procedure 37(e) has been tested in a variety of district courts. A sampling of these decisions reveals that courts seem to be adhering closely to the amended rule and ordering adverse inference instructions only where there was intent to deprive another party of access to relevant information, say Carrie Amezcua and Samantha Southall of Buchanan Ingersoll & Rooney PC.

  • Avoiding The Hidden Costs Of Bargain-Priced E-Discovery

    Michael Cousino

    Many organizations are interested in finding electronic discovery partners who offer tantalizingly low prices for electronic discovery services. However, unforeseen gaps, lax security practices, ignorance of global practices and delayed deliverables can all add up to a surprisingly large final cost, says Michael Cousino of Epiq Systems.

  • What Trump High Court Candidates Say About 1st Amendment

    Gayle C. Sproul

    As media advocates, we wondered how President-elect Donald Trump's soon-to-be-announced U.S. Supreme Court nominee might react to Trump’s vow to shred the hard-won protections now embedded in the law of libel. We found that none of the opinions from judges on his shortlist hint at any inclination to depart from these established rules, say Gayle Sproul and Max Mishkin of Levine Sullivan Koch & Schulz LLP.