New Jersey

  • April 3, 2017

    Transco Pipeline Plan Sparks NJ Town's Fraud Suit

    Transcontinental Gas Pipe Line Co. has been slapped with a state court lawsuit by a New Jersey municipality alleging the company never revealed that the compressor station it plans to build would service a proposed 30-mile pipeline that threatens the town's quality of life. 

  • April 3, 2017

    'Housewives' Star Blasts Atty's Bid To Stay Malpractice Row

    A onetime incarcerated star of “The Real Housewives of New Jersey” and a bankruptcy trustee told a New Jersey federal court Monday that her former attorney's bid to delay an order greenlighting a malpractice action against him was “fatally flawed” since he did not ask a bankruptcy court for a stay.

  • April 3, 2017

    Death Suit Nixed As Expert’s Credentials Don’t Match Doc’s

    A New Jersey federal judge has tossed a suit accusing a doctor and others of providing negligent kidney treatment, which purportedly caused a man’s death, saying the patient’s estate’s expert witness was not qualified in the same subspecialty as the accused doctor, therefore his opinion is inadmissible under state law.

  • April 3, 2017

    Pro Se Atty Can't Recover Counsel Fees, NJ Panel Says

    The New Jersey Appellate Division on Monday sank a municipal attorney’s bid to win counsel fees after he and others prevailed in a civil rights suit against a township over the seizure of a resident's computer, ruling the state’s Civil Rights Act precludes such recovery for pro se lawyers.

  • April 3, 2017

    NJ High Court OKs Real Estate Notices Via Email, Fax

    The New Jersey Supreme Court on Monday added email and fax to how attorneys may send notice of disapproval of a real estate contract, rejecting a lawsuit over a notice sent via those methods instead of certified mail, telegram or personal delivery, the procedures outlined in contracts for decades.

  • April 3, 2017

    Justices Won't Hear Reglan Failure-To-Warn Appeal

    The U.S. Supreme Court has declined to consider whether state law claims over the heartburn medication Reglan are precluded by federal law, dealing a blow to drugmakers seeking to overturn a ruling in favor of consumers who alleged they weren’t adequately warned about the drug’s neurological effects.

  • April 3, 2017

    Enzymotec Settles IPO Stock-Drop Suit For $6.5M

    Israeli biotech company Enzymotec Ltd. and a putative class of shareholders have reached a $6.5 million settlement and asked a New Jersey federal judge on Friday to recognize the class and give the deal preliminary approval.

  • April 3, 2017

    Tibet Pharmaceuticals Exec Escapes Class Action Over IPO

    A New Jersey federal judge has allowed a director of a Tibetan pharmaceutical company to escape an investor class action alleging the company lied about its financial health ahead of a 2011 initial public offering, saying investors waited too long to serve him a copy of the suit.

  • March 31, 2017

    City Council Wrong To Hire Atty For Probe, NJ Judge Says

    A New Jersey state judge has found that the Perth Amboy City Council improperly usurped the power of Mayor Wilda Diaz by contracting with an outside attorney last year to investigate a Diaz appointment, saying the mayor has the sole authority to negotiate and sign such contracts.

  • March 31, 2017

    Claims Processor Says Whistleblower Firing Not Retaliation

    A medical claims company accused of firing an employee who flagged suspicious Medicare claims that led to a $3.6 million settlement by a New Jersey cardiology practice told a New Jersey federal court Friday the employee was terminated for other reasons and is not entitled to compensation.

  • March 31, 2017

    3rd Circ. Upholds Lien Blockage In NJ Bankruptcy Row

    The Third Circuit has found that two suppliers cannot recoup money owed to them by a bankrupt contractor through construction liens on developments where the business had worked, saying the liens also were against the property of the bankruptcy estate and violated an automatic stay on such actions.

  • March 31, 2017

    NJ Justices Disbar Atty With 'Lengthy' Ethics History

    A suspended New Jersey attorney with an ethics history was disbarred for his refusal to cooperate with a fee arbitration probe in what discipline authorities called a 'total disdain' for the system.

  • March 31, 2017

    Brand Battles: Cleveland Indians, NJ Turnpike, Big Ten

    In Law360’s latest roundup of new actions at the Trademark Trial and Appeal Board, the Cleveland Indians try to shut out a "Tribe" mark, the New Jersey Turnpike Authority takes on a winery, and the collegiate Big Ten Conference goes on offense.

  • March 31, 2017

    Tyco, Mutual Settle Long-Running Restoril Patent Suit

    A New Jersey federal judge on Friday dismissed patent litigation between Tyco Healthcare Group LP and Mutual Pharmaceutical Co. Inc. over the sleep aid Restoril after the two reached a settlement, ending the decade-long litigation, which had also involved failed antitrust counterclaims.

  • March 31, 2017

    NJ Clinic Can’t Claim Immunity In Med Mal Row, Judge Rules

    A New Jersey federal judge has ruled that the federal government isn’t immune to a medical malpractice suit under the state’s Charitable Immunity Act protecting certain nonprofits from negligence liability, saying the federally funded health clinic being sued isn’t exclusively dedicated to charity.

  • March 31, 2017

    McDonnell Creates New But Difficult Path For Menendez

    The U.S. Supreme Court’s landmark McDonnell decision last year creates an opening for U.S. Sen. Bob Menendez, D-N.J., to challenge his corruption charges over the meaning of “official acts,” but such an argument may prove difficult because the senator allegedly took on a substantial advocacy role for his benefactor, attorneys say.

  • March 31, 2017

    'Take-Home Toxin’ Case Against Ceramics Co. Moves Forward

    A federal judge in Pennsylvania said Thursday he will let a “take-home toxin” case against a ceramics company move forward, finding that New Jersey law could create a duty of care for a girlfriend or roommate who is exposed to chemicals brought home by a worker.

  • March 31, 2017

    Goldman, Citi Loan Mack-Cali $125M For New Jersey Buys

    Mack-Cali Realty Corp. has scored $124.5 million in financing from Citi and Goldman Sachs & Co. for its recent purchase of several properties in Short Hills, New Jersey, according to an announcement on Thursday from real estate investment trust Mack-Cali's broker Holliday Fenoglio Fowler LP.

  • March 31, 2017

    Nagel Rice Drops Coverage Suit Against Allied World

    New Jersey firm Nagel Rice LLP has agreed for now to drop its action against Allied World Insurance Co. seeking coverage for a malpractice lawsuit over the insurer’s objections that the firm saw it coming, so coverage was precluded.

  • March 31, 2017

    NJ FedEx Drivers' Misclassification Class Action Trimmed

    A proposed class action alleging FedEx Ground Package Systems Inc. misclassifies its New Jersey workers as independent contractors suffered a blow Thursday when a New Jersey federal judge dismissed several claims and narrowly preserved another, though the workers' central claim survived.

Expert Analysis

  • Opinion

    Calif. Court Gets Automatic Funding Disclosure Right

    Matthew D. Harrison

    Detractors of litigation funding have strained to characterize a recent decision from a California federal court as significant headway in their crusade against the litigation funding industry. However, in truth, this is a victory for both the industry and those in need of capital to bring meritorious claims against wrongdoers in an often prohibitively expensive legal system, say Matthew Harrison and Priya G. Pai of Bentham IMF.

  • Consensus Returns On Corporate Insurance Transfers In M&A

    Michael H. Ginsberg

    The California Supreme Court recently reversed its 2003 decision in Henkel v. Hartford, where it previously held that a no-assignment clause will bar the transfer of insurance coverage rights to a successor entity. The clear majority trend among courts across the country is to uphold the ability of parties to transfer coverage in corporate transactions and prevent the forfeiture of historical insurance assets, say Michael Ginsberg ... (continued)

  • Legal Pot Industry Bugged By Lack Of Pesticide Guidance

    Telisport W. Putsavage

    Marijuana cultivation suffers from the same pest and disease pressure as any large commercial greenhouse operation. However, the circumstance unique to this setting is that any use of a pesticide in the cultivation of marijuana is a violation of federal law, says Telisport Putsavage of Putsavage PLLC.

  • Trump’s Enviro Law Impact May Not Be What Many Anticipate

    Lester Sotsky

    Many posit a material decline in environmental enforcement and a retrenchment or reversal of environmental regulatory initiatives in the new Trump administration. We expect three concrete areas where activism and activity will be on the rise during this time, targeting a variety of environmental, public health and liability issues of considerable potential consequences, say Lester Sotsky and Andy Wang of Arnold & Porter Kaye Scholer LLP.

  • When Personal Jurisdiction And Alter Ego Collide

    Beth Rose

    The increasing number of foreign entities with U.S.-based wholly owned subsidiaries virtually guarantees that issues of personal jurisdiction are not going away anytime soon. When a party seeks to support its jurisdictional argument against a foreign entity on grounds that the U.S. subsidiary is the alter ego of its parent, it presents a new wrinkle to an already complicated issue, says Beth Rose of Sills Cummis & Gross PC.

  • In Retrospect

    Relearning The Lessons Of Korematsu's Case

    Randy Maniloff

    Fred Korematsu’s U.S. Supreme Court case challenging President Franklin Roosevelt’s executive order that led to the incarceration of approximately 120,000 people of Japanese ancestry may sound like ancient history. However, Feb. 19 marks the 75th anniversary of the order's signing, and that it’s celebrating its diamond anniversary now is breathtaking timing, says Randy Maniloff of White and Williams LLP.

  • How A General Counsel Should Think About AI: Part 2

    Bruce J. Heiman

    General counsels face the challenging task of understanding how companies can navigate the rules surrounding uses of artificial intelligence. To get smart on AI, general counsels must ask the right questions about areas such as human resources, intellectual property, liability and insurance, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • Health Republic's Curious Liquidation: Part 7

    James Veach

    In the seventh part of this series on Health Republic's liquidation process, James Veach of Mound Cotton Wollan & Greengrass LLP summarizes his recent attempt to appear as a friend of the court overseeing the liquidation.

  • How A General Counsel Should Think About AI: Part 1

    Bruce J. Heiman

    Though the Trump administration has yet to make an official statement regarding artificial intelligence, support for AI is consistent with its expressed desire to promote American business. As such, general counsel will inevitably have to navigate what big data and AI mean for compliance with current and future laws and regulations, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • Saving Lawyers 1 Less Drink At A Time

    Jennifer Gibbs

    Lawyers are likely turning to alcohol to lessen stress and anxiety, to socialize, and even to sleep better. Unfortunately, many are unaware that their nightly pour could be causing or exacerbating the anxiety that is plaguing the legal profession, says Jennifer Gibbs of Zelle LLP.