New Jersey

  • November 8, 2017

    Citgo Oil Spill Liability Should Be Trimmed, 3rd Circ. Told

    Three Citgo units on Wednesday urged the Third Circuit to scale back the refiner's liability for a $100 million-plus oil spill judgment, saying the owner of the ill-fated tanker flouted federal safety provisions and should therefore shoulder more of the payout.

  • November 8, 2017

    NJ Judge Loses Eligibility Notice Bid Amid Misconduct Probe

    A New Jersey state judge on administrative leave amid a misconduct probe lost his bid Tuesday to compel the state judiciary to tell him what he needs to do to retain his eligibility as a judge, with a federal court ruling that he has not shown that he would suffer irreparable harm if the request isn’t granted.

  • November 7, 2017

    No Verdict In Menendez Trial After Senator Definition Query

    The first full day of jury deliberations in the bribery trial of Sen. Bob Menendez and a Florida ophthalmologist ended without a verdict Tuesday after one juror asked a question about a defense attorney’s comments regarding what it means to be a senator.

  • November 7, 2017

    Insurer Says It Owes No Coverage For Beauty Center Burns

    Atain Specialty Insurance Co. sued a New Jersey beauty center in federal court Tuesday to seek a declaration it owes no coverage for litigation by a center customer who allegedly suffered serious burns during a skin treatment, arguing the business misrepresented itself.

  • November 7, 2017

    3rd Circ. Nixes Penn State Professor's Equal Pay Suit

    The Third Circuit on Monday affirmed the dismissal of a former Pennsylvania State University pharmacology professor’s claim that she was paid less than her male counterparts because the school’s policies discriminate against women, ruling that she switched her liability theory too late in the case.

  • November 7, 2017

    3rd Circ. Fracking Case Put Off After River Basin Atty Faints

    A Third Circuit panel has postponed a case brought by Pennsylvania landowners over the Delaware River Basin Commission's moratorium on fracking after an attorney representing the commission fainted Tuesday during oral arguments.

  • November 7, 2017

    Jail Medical Staff Not Deliberately Indifferent, 3rd Circ. Says

    The Third Circuit on Monday refused to revive a former inmate's claims that medical workers at a Pennsylvania jail were deliberately indifferent to a wrist fracture he suffered in a drunken driving crash, saying the record at most shows they were negligent.

  • November 7, 2017

    Ackman Loses Proxy Fight For 3 ADP Board Seats

    Activist investor Bill Ackman lost a bid for three board seats at ADP LLC, marking an end to a hostile proxy fight with the human resources software and services provider and the second major loss for a well-known activist hedge fund this proxy season.

  • November 6, 2017

    Menendez Jury Takes On Claim Of Bribery Among Friends

    A New Jersey federal jury began deliberations Monday in the bribery trial of Sen. Bob Menendez and a Florida ophthalmologist, with the defense claiming in its closing remarks that they were acting out of a longtime friendship and not an illicit scheme while prosecutors asserted that their relationship was corrupted.

  • November 6, 2017

    Texas Judge Weighs Contempt In Chipotle Overtime Suit

    A Texas federal judge on Monday sternly rebuked lawyers from Cohen Milstein Sellers & Toll PLLC and Outten & Golden LLP for taking the position in a New Jersey collective action against Chipotle that they could sue on behalf of an employee to enforce a U.S. Department of Labor overtime rule the judge had blocked.

  • November 6, 2017

    Allergan Hit With Securities Suit Over Generics Price-Fixing

    Funds affiliated with TIAA-CREF slapped Allergan PLC with a securities suit in New Jersey federal court on Friday, alleging the company’s stock was artificially inflated for years because its executives concealed its involvement in a widespread generic-drug price-fixing scandal.

  • November 6, 2017

    M&T Seeks Quick Exit From Force-Placed Coverage Suit

    M&T Bank Corp. on Monday asked a New Jersey federal court to dismiss a putative class action accusing it of taking kickbacks for forced-place insurance policies, saying that the named plaintiff’s failure to take out proper insurance on his mortgaged property left him with no grounds to sue over the policy the bank took out for him.

  • November 6, 2017

    NJ Judge Accused Of Taking Unapproved DWI Fund Payments

    A New Jersey municipal judge is accused of making payments to himself and his staff, including unauthorized bonuses, from a fund set aside for administrative costs stemming from backlogged drunk driving cases, without obtaining required approvals, judicial ethics officials announced on Monday.

  • November 6, 2017

    3rd Circ. Fight Portends Larger Battle Over Fracking Ban

    With the Delaware River Basin Commission set to unveil draft regulations that would ban natural gas drilling in the river’s watershed, oral arguments before the Third Circuit on Tuesday on a challenge to an existing moratorium on the practice could serve as a preview of future battles.

  • November 6, 2017

    Who’s Repping Whom? Law360’s Guide To The Mueller Probe

    As Robert Mueller’s investigation of the Trump campaign draws a slew of corporate attorneys to the scene, here’s a look at the legal firepower representing figures in the special counsel’s inquiry.

  • November 6, 2017

    'Real Housewives' Star, Others Owe $70M, Clothing Co. Says

    An apparel company formerly owned by “Real Housewives of New Jersey” star Christopher Laurita told the court that Laurita and his co-conspirators should pay $70 million plus attorneys' fees after the court found they had conspired to transfer away a valuable clothing license once the company declared bankruptcy.

  • November 6, 2017

    Simpson Thacher Clerk Fights Insider-Trading Sentence

    The attorney for a former Simpson Thacher & Bartlett LLP managing clerk incarcerated for his role in a $5.6 million insider trading scheme told the Third Circuit on Monday that his client’s 46-month prison term should be recalculated because he wasn’t responsible for a portion of the ill-gotten gains.

  • November 6, 2017

    J&J Talc Litigation Roundup

    Juries in Missouri and California have returned eye-popping, multimillion-dollar verdicts against Johnson & Johnson over claims that its talc products cause cancer, though the company has managed to get in some wins. Here, Law360 provides an overview of the state court cases, as well as the federal multidistrict litigation, and how they’ve progressed so far.

  • November 6, 2017

    Real Estate Rumors: NJ Casino Agency, Peterson, HCP

    The New Jersey Casino Reinvestment Development Authority is reportedly eyeing a 59,000-square-foot Atlantic City building, Peterson Management is said to have leased 40,000 square feet in Manhattan, and real estate investment trust HCP has reportedly sold a Florida medical office building for $11.25 million.

  • November 3, 2017

    Menendez Trial To Turn On Question Of Criminal Intent

    About two months into the bribery trial of Sen. Bob Menendez and a Florida ophthalmologist, jurors will be asked to decide whether criminal intent lurked behind the actions of the two men, with the defense highlighting their friendship and the senator's policy concerns and prosecutors claiming he sought to conceal the doctor's gifts.

Expert Analysis

  • 5 Tips For A Successful Legal Blog

    David Coale

    David Coale, leader of the appellate practice at Lynn Pinker Cox & Hurst LLP, shares his insights into what works — and what does not — when setting up and maintaining a legal blog.

  • Maintaining The Integrity Of Physician-Owned Practices

    John Fanburg

    Two recent cases in New York and New Jersey will impact how medical practice transactions should be structured in the future. New Jersey and New York courts may find fraud if they believe the purpose of a contractual agreement or transaction is to extract profits out of a practice, says John Fanburg of Brach Eichler LLC.

  • DTSA Developments Raise Inadvertent Disclosure Questions

    Victoria Bruno

    In Fres-co Systems v. Hawkins, the Third Circuit recently applied what appears to be the inevitable disclosure doctrine. The opinion did not distinguish between the plaintiff’s claims under the Defend Trade Secrets Act and the Pennsylvania Uniform Trade Secrets Act, so the mere threat of misappropriation may be sufficient under both statutes to warrant granting a preliminary injunction, say attorneys with Womble Carlyle Sandridge & Rice LLP.

  • Opioid Litigation: What’s On The Horizon

    David Schwartz

    As prescriptions for pain-suppressing opioids have soared, some have speculated that litigation will follow. Such litigation could take various forms, including personal injury lawsuits making design defect and/or failure-to-warn claims, consumer fraud actions, and more. Manufacturers and retailers should take steps now to protect themselves, say authors from Innovative Science Solutions and Locke Lord LLP.

  • What Providers Need To Know About NJ's Telemedicine Law

    Nathaniel Lacktman

    New Jersey's latest telemedicine law, effective last month, cements the validity of telehealth services, establishes practice standards and imposes telehealth coverage requirements for state-funded health insurance. Passage of this legislation is welcome news for companies and health care providers looking to offer telemedicine services in New Jersey, says Nathaniel Lacktman of Foley & Lardner LLP.

  • The Use Of Special Masters In Complex Cases

    Shira Scheindlin

    Special master appointments can be very beneficial in resolving disputes quickly, streamlining discovery, handling delicate settlement negotiations, and — somewhat surprisingly — reducing cost and delay, says retired U.S. District Judge Shira Scheindlin, now with JAMS.

  • Roundup

    Notes From A Law Firm Chief Privacy Officer

    logo

    As more law firms become the targets of major cyberattacks, more firms may consider appointing a chief privacy officer. In this series, CPOs at four firms discuss various aspects of this new role.

  • Zero Emissions Credit Litigation: The Road Ahead

    Gordon Coffee

    Last month, federal courts dismissed challenges to zero emissions credit programs in Illinois and New York. But as the plaintiffs appeal, an issue with broad consequences for the energy industry looms: whether anyone other than the Federal Energy Regulatory Commission can ask a federal court to declare that state programs affecting wholesale energy markets are preempted, say Gordon Coffee and Tyson Smith of Winston & Strawn LLP.

  • Series

    Notes From A Law Firm Chief Privacy Officer: New Demands

    Phyllis Sumner

    For outside counsel, oftentimes efficiency and responsiveness collide with security measures as clients are increasingly requiring their law firms to comply with third-party risk management programs. To meet these challenges, law firms are focusing more on the roles of chief privacy officer and chief information security officer, says Phyllis Sumner, chief privacy officer for King & Spalding LLP.

  • Opinion

    It's Time To Improve Voir Dire In Federal Court

    Lisa Blue

    During the jury selection process, many times parties submit proposed voir dire questions, but the court ultimately chooses the questions to be asked and does all of the questioning of the jury panel. While this approach is judicially efficient, rarely do we learn anything meaningful from the panel members, say Lisa Blue of Baron and Blue and Robert Hirschhorn of Cathy E. Bennett & Associates.