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New Jersey

  • 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.

  • September 19, 2018

    Pfizer Unit, Teva Must Face Effexor Antitrust Litigation

    Pfizer Inc. unit Wyeth and Teva Pharmaceuticals have fallen short in their bid to ax a proposed class action from end-payors alleging the companies engaged in a scheme to delay generic competition for antidepressant drug Effexor XR, with a New Jersey federal judge refusing to toss the case in its entirety.

  • September 19, 2018

    NJ High Court Disbars Mass. Atty For Pocketing Funds

    New Jersey's highest court has disbarred a Massachusetts-based attorney for pocketing $16,250 that was meant for a man who the lawyer has claimed was his business partner and then spending the entire amount in less than two months on his own personal expenses.

  • September 19, 2018

    Bally's Casino Dealers Push To Revive OT Wage Settlement

    A class of Bally’s Atlantic City card table dealers asked a New Jersey federal magistrate judge Wednesday to reopen a wage-and-hour action alleging employees weren't paid for attending pre-shift staff meetings, saying casino owner Caesars Entertainment Corp.'s emergence from bankruptcy can allow a $500,000 settlement to move forward.

  • September 19, 2018

    3rd Circ. Asked To Weigh In On Nuverra’s Ch. 11 ‘Gifting’

    A Nuverra Environmental Solutions Inc. noteholder who challenged the company’s confirmed Chapter 11 plan last year asked the Third Circuit on Wednesday to weigh in on claims that the plan did not treat unsecured creditors fairly and equitably by permitting “gifting” that led to more recovery for some.

  • September 19, 2018

    Keep Haitians' Status Suit, 17 States Tell NY Court

    A group of 17 states and the District of Columbia filed an amicus brief in New York federal court Wednesday backing a legal challenge to a decision by President Donald Trump and the U.S. Department of Homeland Security to end temporary protected status for Haitians.

  • September 19, 2018

    NJ Enviro Agency Beats Developer's Suit Over Wetlands

    A New Jersey appeals court on Wednesday sided with the state's Department of Environmental Protection in a challenge to a bar on development for three residential lots, saying the developer could not show how the agency’s designation of the property as wetlands constituted trespass and ejectment.

  • September 19, 2018

    No Quick Wins For Union, Concrete Co. In $2.7M ERISA Suit

    A New Jersey federal judge on Tuesday ruled that there are issues of fact over when a cement masons' union knew about a concrete installer's alleged $2.7 million contribution delinquencies and the calculations used in a related review, denying both sides summary judgment in the Employee Retirement Income Security Act suit.

  • September 19, 2018

    Inside The Brewing Proxy Fight Over Campbell's Board

    Campbell Soup Co. is gearing up to defend its board of directors from an attack launched by activist hedge fund Third Point LLC, with the two sides divided over the best way forward for the struggling food giant. Here, Law360 outlines the back-and-forth between Campbell and Third Point in an interactive graphic.

  • September 19, 2018

    Dog Food Co. Dodges Some Warranty Claims Over Bad Treats

    A New Jersey federal judge has dismissed some of the warranty claims against a dog food maker in a suit alleging China-made duck jerky treats have made dogs ill, saying the statements on the company's website are "puffery" and not an express warranty.

  • September 19, 2018

    Novartis Warping Kickback Standard In FCA Case, DOJ Says

    Novartis Pharmaceuticals Corp. has flatly “misstated the law” in its bid to escape a whistleblower’s False Claims Act suit alleging illicit kickbacks aimed at boosting Medicare Part D business, the U.S. Department of Justice told a New Jersey federal court Tuesday.

Expert Analysis

  • 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.

  • Roundup

    Cities In Distress

    Cities in Distress

    Five years after the city of Detroit filed for Chapter 9 bankruptcy, experts look at the financial troubles of Chicago and other U.S. cities in this special series.

  • Opinion

    3 Pros, 3 Cons Of Litigation Finance

    Ralph Sutton

    An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.

  • How Attorney Discipline Is Evolving In The #MeToo Era

    Bonnie Frost

    In March, the American Bar Association issued a manual to help legal employers and victims fight sexual harassment in the legal profession. While automatic disbarment for sexual misconduct with clients may have been considered too harsh a sanction almost a decade ago, it may be revisited in the current climate, say Bonnie Frost and Kristi Terranova of Einhorn Harris Ascher Barbarito & Frost PC.

  • Series

    Cities In Distress: Municipal Recovery Lessons From Pa.

    Juliet Moringiello

    As we reflect on the five years since Detroit’s bankruptcy filing, Pennsylvania’s experience in intervening in its municipalities’ financial distress provides some useful insights on the problems plaguing municipalities as well as lessons for states, says professor Juliet Moringiello of Widener University Commonwealth Law School.

  • The NJ Jughandle Facing Corporations

    Leah Robinson

    At the beginning of July, the New Jersey Legislature passed a budget bill which has significant implications for virtually all payors of corporation business tax, say attorneys from Mayer Brown.

  • Modern Communication Brings E-Discovery Challenges

    Thomas Bonk

    As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.

  • Series

    Cities In Distress: Michigan's Emergency Mgr. Law And Flint

    Eric Scorsone

    Michigan has taken a very aggressive approach to addressing municipal fiscal insolvency. But the state's emergency manager law fails to consider the unintended consequences of short-term financial adjustments, as seen in the case of Flint, say Eric Scorsone and Samantha Zinnes of Michigan State University.

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.