New Jersey

  • May 8, 2017

    NJ Housing Official Admits Using HUD Funds On Gift Cards

    The head of the Ocean City Housing Authority admitted Monday in New Jersey federal court to using U.S. Department of Housing and Urban Development funds to cover the purchase of dozens of MasterCard gift cards she used for personal expenses or provided to family and friends, acting U.S. Attorney William E. Fitzpatrick announced.

  • May 8, 2017

    Christie Guts Police, Firefighters' Pension Bill

    New Jersey Gov. Chris Christie on Monday gutted a bipartisan bill that would have established a membership-based trustee board to manage the police and firefighters public pension fund, arguing in a conditional veto that the measure undermines the taxpayer-friendly pension reforms he enacted that riled unions.

  • May 8, 2017

    Co-Lender On Collapsed Golf Course Project Nets Partial Win

    A now-bankrupt investment vehicle nabbed a partial win Monday, when a New Jersey federal judge found a co-lender on a defaulted $47 million loan to develop a golf course violated the parties' agreement by negotiating a release with guarantors, but left claims the guarantors breached the release for trial.

  • May 8, 2017

    1-Year Limit Applies To HIV Patient's Privacy Suit, Court Told

    A New Jersey doctor sued by a patient for disclosing his HIV-positive status in front of a third person urged a state appeals panel Monday to apply a single statute of limitations to the entire lawsuit, reasoning that all the claims amount to invasion of privacy, which has a one-year time limit.

  • May 8, 2017

    NJ High Court To Weigh Doc Dispute In Misdiagnosis Row

    The New Jersey Supreme Court announced Monday it has agreed to consider whether a trial court was right to force a hospital to release an internal report critical of its own care of a patient who later sued for medical malpractice, a decision which was then overturned on appeal.

  • May 8, 2017

    Rutgers Sued Over Program Head's Alleged Sex Harassment

    Rutgers University has been hit with a lawsuit in New Jersey state court from former and current school employees alleging the university failed to prevent, stop and remedy sexual harassment and retaliation by the director of its anesthesia residency program, and that Rutgers “fostered a harassing and discriminatory atmosphere.”

  • May 8, 2017

    Gym Co. Not Liable For Rogue Seller's Failed Fla. Venture

    A fitness club company can’t be held liable for a franchisor’s actions in selling two consumers on a questionable investment in a Florida gym franchise, a New Jersey appeals court ruled Monday, as the salesman was no longer acting as an agent of the fitness club.

  • May 8, 2017

    3rd Circ. Urged To Rethink Travelers' Asbestos Coverage Win

    General Refractories Co. urged the Third Circuit to reconsider its nix of a $36 million judgment holding Travelers responsible for some of the company's asbestos liabilities, arguing Friday that the circuit ignored evidence of industry customs in finding the insurer could enforce an exclusion for asbestos-related claims.

  • May 5, 2017

    NJ Judge Upholds Remand Of $36.3M Superfund Suit

    A New Jersey federal judge on Friday upheld a federal bankruptcy court’s decision to send a lawsuit over responsibility for the estimated $36.3 million cleanup of a 26-acre Superfund site back to state court, agreeing with the finding that the case is a contract, not bankruptcy, dispute.

  • May 5, 2017

    Late Tax Forms Can't Free Tax Debts In Bankruptcy: 3rd Circ.

    A former franchisee for DirectBuy failed to escape three years of federal tax liabilities in bankruptcy proceedings when the Third Circuit ruled on Friday that his late-filed tax forms cannot legitimately be classified as “returns.”

  • May 5, 2017

    General Cable Hit With Million-Dollar Waste Cleanup Suit

    General Cable Corp. was hit with a lawsuit in New Jersey federal court Friday over more than a million dollars in cleanup costs, alleging a factory it used during World War II to manufacture cables that were coated in PCBs and heavy metals contaminated a nearby site and saying the company was negligent in using hazardous substances that have since seeped into the soil.

  • May 5, 2017

    Former Senior LG Atty Reprimanded Over Ineligibility In NJ

    The Supreme Court of New Jersey has reprimanded a former senior in-house counsel at LG Electronics USA Inc. for practicing law while ineligible after he failed to pay annual fees to the state.

  • May 5, 2017

    MIA Atty Suspended For 2 Years For Unauthorized Practice

    The New Jersey Supreme Court on Thursday suspended an attorney who went missing in action on two federal class action suits and was found to be practicing law while ineligible, pulling his license for two years.

  • May 5, 2017

    Sanofi Escapes Health Plans' 'Deficient' Kickback Suit

    A New Jersey federal judge on Thursday permanently dismissed two health plans’ suit accusing Sanofi-Aventis, a fellow drug company and two consulting firms of engaging in a kickback scheme, finding the plans don’t have standing to sue and haven’t laid out enough details to support their case.

  • May 5, 2017

    Alcoa Wins Consolidation Bid In NJ Environmental Suits

    A New Jersey federal judge on Thursday approved Alcoa Inc.'s bid to consolidate a lawsuit brought against it by the borough of Edgewater with another action over environmental contamination at a site the company once owned, saying that the cases involve the same contracts and contamination.

  • May 4, 2017

    Jackson Lewis Looks To Toss Ex-Coach's NJ Malpractice Suit

    Jackson Lewis PC has urged a New Jersey state court to toss a malpractice suit from the former women's basketball coach at Kean University over the firm's representation of her during the NCAA probe that led to her removal from the team, claiming she has not adequately met discovery demands.

  • May 4, 2017

    Ex-NJ Fire Official Gets Hearing On Atty Misconduct Claim

    The New Jersey Appellate Division on Thursday ordered a hearing to determine if an ex-fire official can withdraw his guilty plea to theft, ruling that a trial court judge may have mistakenly assumed the official could lodge his ineffective counsel argument in a post-conviction relief petition.

  • May 4, 2017

    NJ High Court OKs $4M Allstate Award Over Sham Biz Model

    The New Jersey Supreme Court on Thursday reinstated a nearly $4 million judgment awarded to Allstate Insurance Co., saying a trial court correctly found that an attorney and a consultant knowingly violated state law by assisting a chiropractor in setting up an unlawful medical practice that submitted claims to the insurer.

  • May 4, 2017

    NJ Atty's Employment Status Sinks Public Benefits Bid

    A New Jersey attorney lost his bid for public retirement benefits Thursday when a state appeals panel ruled that the Public Employee Retirement System properly placed the burden on him to prove that the work he did for government entities made him eligible for benefits.

  • May 4, 2017

    Trump Golf Club, Ex-Employee Settle Age Bias Suit

    The Third Circuit on Thursday dismissed an appeal by a former Trump National Golf Club Colts Neck employee challenging a decision to end his age discrimination suit after the parties reached an agreement to end the case.

Expert Analysis

  • Boehringer Ruling Limits Treatment Method Patent Eligibility

    Stephen Stout

    Although the New Jersey federal court's recent decision in Boehringer Ingelheim v. HEC has not garnered much attention, it shows that courts may be willing to invalidate method of treatment claims — on Section 101 grounds — even where those claims involve administering non-naturally occurring medicines, say Stephen Stout and Trey Hebert of Vinson & Elkins LLP.

  • The Future Of Off-Label Promotion And Product Liability

    James Beck

    It has recently been suggested that legalization of off-label promotion could lead to more drug company liability, but this looks like simply the plaintiffs bar's wishful thinking. If truthful off-label promotion becomes legal, the U.S. Food and Drug Administration may order more warnings about off-label uses to appear on drug/device labeling. That would actually be good for preemption, says James Beck of Reed Smith LLP.

  • Series

    Advocate For An Agency: Ex-FERC GC Cynthia Marlette

    Cynthia Marlette.jpg

    Cynthia Marlette, the Federal Energy Regulatory Commission's general counsel from 2001 to 2005 and from 2007 to 2009, reflects on how she addressed the job's many responsibilities, including advising the commission on laws and enforcement actions, developing policy, seeking consensus among commissioners, and overseeing defense of agency actions in court, as well as dealing with historic events like the California energy crisis.

  • Potential Class Cert. Pitfalls Lurking In Local Rules

    Stephen R. Smerek

    Is there a deadline to move for class certification? When is the deadline? Should the parties stipulate to an extension? And, if they do, will the court grant it? Every practitioner must carefully evaluate these questions at the outset of any putative class action to develop a cohesive strategy for addressing certification issues and avoid potential risks hidden in local rules, say Stephen Smerek and Shawn Obi of Winston & Strawn LLP.

  • Are Your In-House Lawyers Happy?

    Aric Press

    What is the mood of the nation’s in-house lawyers? Aric Press — a partner at Bernero & Press LLC and former editor-in-chief of The American Lawyer — shares the findings of a recent survey of more than 800 in-house counsel.

  • Trump's Skinny EPA Budget Could Have Far-Reaching Impacts

    Jim W. Rubin

    A review of President Donald Trump's recent budget proposal suggests that none of his goals for the U.S. Environmental Protection Agency would be well-served. In fact, the EPA, states, tribes and other federal agencies would all face serious issues in protecting human health and the environment, says Jim Rubin of Dorsey & Whitney LLP.

  • Google, NASA, Planes And A Stronger Legal Team

    Nicholas Cheolas

    Why did minor mechanical issues bring down two airplanes, while a catastrophic engine explosion did not bring down a third? The answers lie, in part, in research conducted by NASA in the wake of those crashes and, more recently, by Google. And those answers can help organizations build better teams to meet today’s legal industry challenges, says Nicholas Cheolas of Zelle LLP.

  • 10 Tips For Better Legal Negotiations

    Marc J. Siegel

    Like everything else, the art of negotiation starts by having a conversation. It’s about being respectful, finding common ground, knowing what you want and, most importantly, listening. A conversation between two lawyers can be complicated at best, but by employing a few techniques and tactics, it doesn’t have to be that way, says Marc Siegel of Siegel & Dolan Ltd.

  • Monthly Column

    Gray Matters: Decision Error

    Gray Matters

    Lawyers make hundreds of decisions during the course of advising a client, consummating a transaction or litigating a case. In this new column, dispute resolution experts Bob Creo and Selina Shultz explore the theory, science and practical aspects of how decisions are made in the legal community.

  • Law Schools And Law Firms: Seeking Common Ground

    Randy Gordon

    What we don’t know is whether the teaching and practice of law are undergoing massive structural changes or we’re still digging out from the worst economic collapse since the Depression. But what we do know is that the missions of the most forward-looking law schools and law firms are converging in ways that were unimaginable 10 years ago, says Randy Gordon, a partner at Gardere Wynne Sewell LLP and executive professor of law at Te... (continued)