New Jersey

  • January 31, 2017

    Drug Buyer Hits Mylan, Sandoz, Taro With Price-Fixing Suit

    An Illinois drug purchaser on Monday became the latest to accuse Mylan, Sandoz and Taro Pharmaceuticals of conspiring to inflate the price of a generic antidepressant by 1,000 percent, in a class action launched in New Jersey federal court.

  • January 31, 2017

    Trump Nominates Judge Gorsuch For High Court Seat

    President Donald Trump on Tuesday nominated Tenth Circuit Judge Neil Gorsuch to fill a Supreme Court seat that has remained vacant since the death of Justice Antonin Scalia in February 2016, picking a well-respected figure in the conservative legal establishment who would restore the nation’s top bench to a Republican majority and likely break the recent spate of 4-4 ties.

  • January 31, 2017

    Tony Luke's Founder Gets Win In Dispute With Son

    One lawsuit in a bitter family dispute over the Tony Luke's brand was dismissed Monday when a New Jersey federal judge ruled that a business agreement barred trademark claims brought by one son against the patriarch who founded the Philadelphia-based sandwich empire.

  • January 31, 2017

    Charges Against Broker Dismissed In $17M Stock Scheme

    A New Jersey federal judge tossed criminal charges against a broker-dealer in a $17.2 million pump-and-dump stock scheme Monday, finding that the indictment was filed too late and rejecting prosecutors' bid for a retroactive application of the six-year statute of limitations created by the 2010 Dodd-Frank Act.

  • January 31, 2017

    Young Immigrants May Transfer To Public School: 3rd Circ.

    The Third Circuit on Monday upheld an injunction ordering that a group of young immigrants be allowed to transfer to a different Pennsylvania public school to better accommodate their needs to learn English as a second language.

  • January 31, 2017

    Actavis, Lannett Hit With Antitrust Suit Over Gallstone Drug

    Actavis, Lannett and another manufacturer of generic ursodiol are the latest companies accused of using trade group meetings as opportunities to conspire to improperly raise generic drug prices to "dizzying" levels, an employee benefit fund said in a proposed class action filed Monday in New Jersey federal court.

  • January 31, 2017

    Flood Limit Includes Sandy Debris Removal, NJ Justices Hear

    Travelers Excess and Surplus Lines Insurance Co. told New Jersey's high court on Tuesday that an apartment complex owner is not entitled to additional coverage for debris removal after Hurricane Sandy, arguing that those costs are subject to a $1 million sublimit for all flood-related losses.

  • January 31, 2017

    NJ Developer Can't Dodge Casino License Requirement

    The New Jersey Casino Control Commission said Tuesday that the owner of the defunct Revel Atlantic City resort must obtain a license in order for his tenant to operate a new casino because he’ll still retain control of a portion of the facility.

  • January 31, 2017

    3rd Circ. Denies Robert Half Workers' Class Arbitration

    The Third Circuit on Monday upheld a judgment against a proposed collective action of Robert Half International Inc. workers, saying the district court got it right when it that found that the staffing agency can address employees’ overtime claims in individual arbitration, rather than on a classwide basis.

  • January 30, 2017

    Covanta Sues Co. Over $2.7M In Fire Damage At NJ Plant

    A Covanta Holding Corp. unit and its insurers have slapped an electrical services company with a lawsuit in New Jersey state court alleging that the business caused a fire at an energy-from-waste facility in Newark, leading to more than $2.7 million in damages.

  • January 30, 2017

    NJ Lawmakers Advance Bill On Fantasy Sports Regulation

    A New Jersey Assembly panel on Monday advanced a bill that would regulate fantasy sports games, a measure lawmakers say will increase consumer protections and generate an estimated $1 million for the state each year.

  • January 30, 2017

    Capital One Closes $535M Loan For Starwood REIT

    Capital One Financial Corp. closed a $534.9 million loan it arranged for Starwood Property Trust’s purchase of a multi-state portfolio of medical office properties on Monday, nearly three months after the real estate investment trust announced its purchase.

  • January 30, 2017

    NJ Tax Court Quashes CEO Depo Bid Over 'Harassment' Risk

    The Tax Court of New Jersey granted a request from affiliates of HD Supply Holdings to quash a bid from the state's taxation division to depose the industrial distributor's CEO, ruling in a decision released Friday that he likely does not have information relevant enough to outweigh risks of “harassment and annoyance.”

  • January 30, 2017

    NJ Ambulance Operator Gets 18 Years For Insurance Fraud

    A New Jersey federal judge on Monday imposed an 18-year prison sentence on the operator of an ambulance company convicted of obtaining federal health care program reimbursements despite his ouster from such programs following a previous fraud charge.

  • January 30, 2017

    Uber Wins Bid To Send Driver Suit To Arbitration

    A New Jersey federal judge on Monday sent to arbitration proposed class claims that Uber Technologies Inc. misclassified its drivers as contractors in order to avoid operation expenses and sidestep labor laws, rejecting a driver’s argument that the arbitration clause was not prominent enough in an electronic employment agreement.

  • January 30, 2017

    Allied Can't Dodge Nagel Rice Malpractice Coverage Suit

    Allied World Insurance Co. can’t escape claims from Nagel Rice LLP that an underlying malpractice action should be covered under its insurance policy, after a New Jersey federal court ruled Monday it’s up for debate whether Nagel attorneys could have reasonably expected the underlying suit.

  • January 30, 2017

    FieldTurf Faces NJ Lawmakers Over Consumer Allegations

    FieldTurf USA Inc.’s top executive on Monday defended allegations that the company knowingly sold defective athletic fields to school districts that eventually sued, telling New Jersey lawmakers probing the issue that the media has inaccurately portrayed the matter.

  • January 30, 2017

    Bail-Jumping Former Analyst Found Guilty Of Insider Trading

    A Manhattan federal jury on Monday needed less than three hours to convict former MSD Capital LP analyst John Afriyie on charges that he used his mother's brokerage account to turn a $1.5 million profit from inside knowledge of a $15 billion private equity buyout.

  • January 30, 2017

    3rd Circ. Upends Email Ruling In $688M Loan Scheme Suit

    The Third Circuit ruled in a published opinion Friday that a lower court erred by allowing a grand jury to view an email from a Pennsylvania man facing a federal indictment over a $688 million payday loan scheme, finding attorney-client privilege applies because the email didn't spur fraudulent activities.

  • January 27, 2017

    3rd Circ. Upholds $116K Atty Sanction Over Age Bias Suit

    The Third Circuit on Thursday said scoring permission to amend a suit doesn’t excuse stuffing an earlier complaint with misleading claims, affirming about $116,000 in sanctions against an attorney who propped up an age bias suit without evidence against energy company PPL Corp. and a union.

Expert Analysis

  • Managing Intergenerational Differences Within Your Law Firm

    Najmeh Mahmoudjafari

    We are privileged to be part of an employment market that hosts employees from various generations. While “differences” may imply inherent conflict, intergenerational differences can actually be used to an advantage for organizations — especially law firms, say Najmeh Mahmoudjafari, founder of ImmigraTrust Law, and William Martucci of Shook Hardy & Bacon LLP.

  • Philip Hirschkop: Quietly Making Noise For 50 Years

    Randy Maniloff

    The first paragraph of Philip Hirschkop’s obituary is going to contain the word "Loving." That’s undeniable. But many of Hirschkop’s other cases are just as groundbreaking in their own right. They aren’t household names like Loving, but they have affected millions in the nation’s households, says Randy Maniloff of White and Williams LLP.

  • Using Payroll Cards To Pay Employees’ Wages

    Excerpt from Lexis Practice Advisor
    Kevin E. Vance

    When advising employers on the use of payroll card programs as an alternative method of paying employees there are several considerations lawyers should adopt. Kevin Vance of Duane Morris LLP discusses key issues concerning payroll cards and best practices for establishing and maintaining a payroll card program.

  • The Ethical Risks Of A Multijurisdictional Practice

    Melinda Gentile

    As law firms and clients conduct more business on a regional or national scale, multijurisdictional practice is becoming more prevalent for practicing attorneys. Attorneys engaged in both private practice and as in-house counsel need to be aware of the ethical risks of practicing across jurisdictions — including the implications of engaging in the unauthorized practice of law, say Melinda Gentile and Monique Cardenas of Peckar & Abramson PC.

  • And Now A Word From The Panel: MDL Venue Choices

    Alan Rothman

    A critical — and arguably the least predictable — facet of the Judicial Panel for Multidistrict Litigation's practice is the selection of the venue for a new MDL proceeding. In this installment of his bimonthly series on the panel, Alan Rothman of Kaye Scholer LLP looks at the panel’s reasoning for its selection of particular venues, as well as arguments advanced by the parties, over the past year.

  • How Law Firms Are Using Analytics To Reduce Write-Offs

    Haley Altman

    It is increasingly necessary for law firms to implement strategies to improve efficiency, staffing and value to meet client needs. Haley Altman, CEO and co-founder of Doxly Inc., discusses how to successfully leverage analytical tools and emerging technology to increase profitability.

  • REVIEW: The Missing American Jury

    Judge William Young

    Face it, the American jury system is dying. The arguments Professor Suja Thomas makes in her new book deserve consideration by everyone interested in how our government actually works and how it might recapture the unifying communitarian experience of direct democracy and actual trial by one’s peers, says U.S. District Court Judge William Young of the District of Massachusetts.

  • 2 Decisions Strengthen FTC's Hand In Hospital Merger Cases

    David C. Kully

    The Federal Trade Commission recently succeeded on appeal in two hospital merger challenges, in the Third and Seventh Circuits. Hospitals evaluating merging with nearby competitors should keep in mind the analytical approaches laid out in these decisions, say David Kully and Christopher Carmichael of Holland & Knight LLP.

  • What History Tells Us About Obama's Antiquities Act Legacy

    John Freemuth

    As the end of the Obama administration approaches there is renewed attention on President Barack Obama's use of the Antiquities Act of 1906. While almost every U.S. president has used his authority under this act to create new national monuments, its use has fueled tensions between the federal government and states over land control, say John Freemuth and Mackenzie Case of Boise State University.

  • Is Momentive Losing Momentum?

    Michael Friedman

    The Third Circuit’s decision last week in the Energy Future case rejected the logic of Momentive that a make-whole provision is not enforceable post-acceleration without specific contractual language to that effect. The decision is a clear break from a recent trend and may give noteholders greater leverage, say Michael Friedman and Stephen Tetro II of Chapman and Cutler LLP.