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New Jersey

  • September 24, 2018

    Jury Deadlocks In J&J Trial Over Talc-Asbestos Claim

    A California jury’s members on Monday said that after a week’s deliberation they still can't decide if Johnson & Johnson’s talcum powder products caused a woman's mesothelioma, prompting a mistrial in the latest case over the alleged link between J&J's talc products and asbestos.

  • September 24, 2018

    Brach Eichler Must Face Suit Over NJ Hospital Purchase

    The New Jersey Appellate Division on Monday revived a malpractice complaint over Brach Eichler LLC’s handling of the purchase of Meadowlands Hospital Medical Center, ruling that a lower court improperly kept the parties in the dark about a procedural step it took when tossing the case.

  • September 24, 2018

    NJ Judge Reprimanded For Assisting Friend In Custody Case

    The New Jersey Supreme Court has publicly reprimanded a state judge over ethics violations for using her position to assist a family friend in a child custody matter after a disciplinary committee cited the jurist’s “sincere remorse and contrition.”

  • September 21, 2018

    DirecTV User Fights To Keep Law, Audit Firms In RICO Case

    An auditor and a law firm accused of extorting hundreds of people by demanding money for alleged misuse of DirecTV showed a pattern of racketeering activity that should prevent them from escaping a proposed class action, a consumer told a New Jersey federal judge Friday.   

  • September 21, 2018

    Online Fundraisers Fraught With Criminal, Civil Risks

    Civil litigation, potential criminal charges and uncertain access for beneficiaries are among the risks of the relatively new concept known as crowdfunding, as highlighted by the the viral story chronicling the legal battle between a homeless veteran and a New Jersey couple. Here are three things attorneys should tell their clients about do-it-yourself fundraisers.

  • September 21, 2018

    Ex-Manager Hits Rock Hall Of Famer With Contract Suit

    The former business, tour and production manager of Nile Rogers sued the musician in New Jersey state court, alleging the recent Rock & Roll Hall of Fame inductee flouted their long-running partnership when his attorney fired the manager in March.

  • September 21, 2018

    Masterpiece Cakeshop Atty Tapped For NJ Civil Rights Post

    A former attorney with Orrick Herrington & Sutcliffe LLP and the American Civil Liberties Union who served on the ACLU team that represented a same-sex couple in the Masterpiece Cakeshop case before the U.S. Supreme Court has been tapped to lead the New Jersey Division on Civil Rights.

  • September 21, 2018

    Consumer Seeks Full 3rd Circ. Redo Of Toxic Talc Ruling

    Alleging that the Third Circuit contradicted its own prior rulings and created a split with the Ninth Circuit by dismissing a Johnson & Johnson consumer’s proposed class action over talcum powder as “buyer’s remorse,” the customer’s attorneys on Friday asked for the full court to rehear the case.

  • September 21, 2018

    Atlantic City's Woes Stem From Relying On Casino Tax: Report

    A report by the state of New Jersey has outlined the history and causes of Atlantic City's financial woes, linking its problems to the city's reliance on casino tax revenues, and recommended imbuing the tax assessor with more power.

  • September 21, 2018

    3rd Circ. Sides With Casinos In Gambler's Suit Over Perks

    The Third Circuit has upheld a New Jersey lower court's ruling that favored two Atlantic City casinos in a "high roller’s" suit claiming the casinos unlawfully promised him coupons and free amenities to gamble at their establishments but failed to back up their offers, finding that the gambler misunderstood the offers and saying "the house always wins."

  • September 21, 2018

    Fosamax MDL Revival Must Be Nixed, US Tells High Court

    The Office of the U.S. Solicitor General has urged the U.S. Supreme Court to overturn a Third Circuit decision reviving multidistrict litigation over Merck Sharp & Dohme Corp.’s alleged failure to warn about a risk of femoral fractures from its osteoporosis drug Fosamax, saying such claims are preempted because regulators rejected the company's proposed warning.

  • September 21, 2018

    Wage-And-Hour Suit Against J&J Headed Back To State Court

    A California federal judge has agreed to send back to state court a wage-and-hour suit brought by a group of former Johnson & Johnson Consumer Inc. workers, finding that the amount of money in controversy fell short of the threshold necessary for the federal court to hear the case.

  • September 20, 2018

    3rd Circ. Backs Penn State Email Probe, 'Dismayed' By Tactics

    A Third Circuit panel on Thursday backed a lower court decision to toss a lawsuit accusing two state investigators of illegally obtaining a Penn State University employee’s work emails, saying while it was “dismayed” by the pair’s use of an improper subpoena, her employers had the authority to hand them over.

  • September 20, 2018

    MoFo, Weil Gotshal Guide $350M Vonage-NewVoice Tie-Up

    Business and residential communications provider Vonage Holdings Corp. said Thursday it will pay $350 million to take over private equity-backed, cloud-based contact center provider NewVoiceMedia, with Morrison & Foerster LLP guiding the buyer and Weil Gotshal & Manges LLP steering the seller.

  • September 20, 2018

    J&J Can't Escape Calif. Talc Warning Label Suit

    A California federal judge has rebuffed Johnson & Johnson's bid to dismiss a suit alleging it violates state warning label and false advertising laws by selling asbestos-contaminated talcum powder products, writing the consumer products giant was "simply demanding more" detail than is necessary in a complaint.

  • September 20, 2018

    3rd Circ. Won't Revive Securities Fraud Row Against Hertz

    The Third Circuit on Thursday refused to revive a putative securities class action against Hertz Global Holdings Inc. over allegedly false and misleading statements about its financial condition and internal controls, saying the explanation that former company executives engaged in mismanagement is more plausible than shareholders' claims of a systemic fraud.

  • September 20, 2018

    SEC Seeks $1M Sanctions From Ex-Brokerage Firm Execs

    The U.S. Securities and Exchange Commission has asked a New Jersey federal court to enforce $1 million in sanctions against two brokerage firm executives in connection with a scheme that allegedly involved manipulative trading to create artificial demand, saying Thursday that they haven’t honored the four-year-old settlement.

  • September 20, 2018

    Beach Eatery Showed Need For Summer Hires, BALCA Finds

    The Board of Alien Labor Certification Appeals has reversed a U.S. Department of Labor certifying officer’s determination that a shrimp restaurant on the Jersey Shore failed to establish that it temporarily needed more dishwashers during the summer season.

  • September 20, 2018

    Dun & Bradstreet Hit With Securities Suit Over $6.9B Merger

    Shareholders of Dun & Bradstreet on Wednesday filed a proposed class action in Delaware federal court alleging that a proxy statement filed by the company's board in September is "materially incomplete," making shareholders unable to properly assess the fairness and financial implications of its potential $6.9 billion merger with a buying group led by CC Capital.

  • September 20, 2018

    Norris McLaughlin Adds Ex-Top Atty At Housing Agency

    Norris McLaughlin PA has added as senior counsel to its real estate and finance practice group the former top lawyer at the Newark Housing Authority who took part in what she called a “real estate renaissance” in New Jersey’s largest city.

Expert Analysis

  • New Cross-Claim Burdens For Asbestos Defendants In NJ

    Manuel Guevara

    In June, the New Jersey Appellate Division brought sweeping changes to the method by which asbestos defendants may prove cross-claims at trial. New limits on the use of prior testimony mean that defendants must now call live witnesses, and will lead to longer, more costly trials, say attorneys with Hawkins Parnell Thackston & Young LLP.

  • NJ's Budget Immediately Affects High Earners, Businesses

    Jeffrey Schechter

    Following a substantial tax hike related to the virtual elimination of the state tax deduction on the federal level, New Jersey taxpayers will need to immediately evaluate the impact of the new laws contained within the recently passed New Jersey budget since many have already taken effect. Some of the most adversely affected taxpayers will have a further incentive to move out of New Jersey, say Jeffrey Schechter and Reuben Muller of Cole Schotz PC.

  • Who Can Decide Whether 'Class Arbitration' Is Authorized?

    Gilbert Samberg

    In Lamps Plus v. Varela, the U.S. Supreme Court will decide next term whether an arbitration agreement that says nothing about class arbitration can be interpreted to constitute consent by the parties. But it's currently unclear if the Supreme Court will specify who can actually decide that question, says Gilbert Samberg of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • States Responding To SALT Cap, Carried Interest Provisions

    Naylor-Jeremy.jpg

    A number of states have recently proposed or passed new laws targeting carried interest loopholes and the cap on state and local tax deductibility. Some of these efforts are taxpayer-friendly and some are expected to impose additional tax burdens, say Jeremy Naylor and Kimberly Ann Condoulis of Proskauer Rose LLP.

  • The Future Of Authenticating Audio And Video Evidence

    Jonathan Mraunac

    The recent emergence of artificial intelligence-based technology has prompted serious concerns about the future integrity of recordings. Attorneys must think critically about standards for authenticating audio and video evidence as well as legislative and regulatory safeguards to discourage pervasive manipulation and forgery, says Jonathan Mraunac of Ogletree Deakins Nash Smoak & Stewart PC.

  • Opinion

    Law360's Global 20 Doesn't Acknowledge Global Networks

    Glenn Cunningham

    While I read with interest Law360's report analyzing the top 20 global law firms of 2018, I also noticed it doesn't tell the whole story. Global networks of independent law firms compare favorably with multinational firms in terms of geographic coverage, legal expertise, and awareness of local cultures and customs, says Glenn Cunningham of Interlaw Ltd.

  • How NJ Law Protects Tenants By The Entirety

    Bruce Buechler

    A New Jersey state appellate court's decision in Jimenez v. Jimenez shows that when dealing with property owned by a husband and wife as tenants by the entirety, New Jersey law can impose very serious ramifications on a judgment creditor’s efforts to collect or levy on that property, says Bruce Buechler of Lowenstein Sandler LLP.

  • Biometrics And Geolocation Legislation: A Midyear Update

    Justin Kay

    In the first half of 2018, technology that determines where you are and who you are garnered significant attention. Less discussed are the legislative efforts underway in the federal government and in many states to regulate these emerging technologies, says Justin Kay of Drinker Biddle & Reath LLP.

  • Guest Feature

    Chris Dodd Talks Dodd-Frank, Nuremberg Trial, Hollywood

    Randy Maniloff

    Attorney Randy Maniloff recently sat down with former Sen. Christopher Dodd at his new office at Arnold & Porter in Washington, D.C. The goal? To discover things we might not know about the author of some of the most important legislation of the last few decades.

  • What Kavanaugh's Writing Tells Us About His Personality

    Matthew Hall

    People with certain personality traits tend to use certain words. A computer analysis of Judge Brett Kavanaugh’s D.C. Circuit opinions reveals that he is highly extraverted, which means that he would be a prominent voice on the U.S. Supreme Court, says Matthew Hall, a professor at the University of Notre Dame.