New Jersey

  • January 26, 2018

    3rd Circ. Says Pa. School Is Immune From Retaliation Suit

    In a precedential opinion Friday, the Third Circuit refused to revive a onetime Pennsylvania university executive’s whistleblower retaliation suit, saying that her comments about school budget misrepresentations were not constitutionally protected and that the state higher education system is shielded from such litigation.

  • January 26, 2018

    What's At Play In First J&J Talc Asbestos Trial

    After recently defeating the first of a slew of cases claiming that its talcum powder products caused consumers to develop mesothelioma, Johnson & Johnson is facing the start of another trial on Monday in its home state of New Jersey. Law360 looks at three things the plaintiff will be looking to show the jury.

  • January 26, 2018

    Mylan Pradaxa Generic Delayed In Boehringer Patent Deal

    Mylan Pharmaceuticals Inc. has agreed to hold off on its generic version of Boehringer Ingelheim’s blockbuster blood thinner Pradaxa as part of a patent infringement settlement cleared Friday by a New Jersey federal judge.

  • January 26, 2018

    Jurist Accused Of Profane Rant In Bid To Duck DWI Arrest

    A New Jersey municipal court judge has been accused of ethics violations for allegedly using profanity toward state troopers and seeking special treatment when he was arrested in 2016 for driving while intoxicated after the officers found him asleep in his car on the side of a highway.

  • January 26, 2018

    NY, NJ, Conn. Govs. Promise To Sue Feds Over Tax Overhaul

    The Democratic governors of New York, New Jersey and Connecticut said on Friday they've formed a coalition to sue the federal government over the state and local tax deduction cap in the recently enacted federal tax law, arguing it tramples on states' rights and the U.S. Constitution's Equal Protection Clause.

  • January 26, 2018

    Taxation With Representation: Weil, Proskauer, Debevoise

    In this week's Taxation With Representation, Sanofi snapped up Bioverativ for $11.6 billion, Celgene bought Juno for $9 billion, and AIG acquired Validus for $5.56 billion.

  • January 25, 2018

    NJ Judge's Civil Rights Claims Against Fellow Jurists Trimmed

    A New Jersey federal judge on Thursday trimmed civil rights claims a fellow jurist had brought against three judges and the state judiciary, finding that some of his allegations didn’t touch on a matter of public concern, which is a requisite for bringing discrimination claims.

  • January 25, 2018

    NJ Hedge Fund Owner Stole Money For Lavish Life, Jury Told

    A prosecutor told a New Jersey federal jury Thursday that a hedge fund owner duped investors into giving him $4 million and spent most of those funds on an extravagant lifestyle that included a $1 million home and a roughly $100,000 diamond ring, but defense counsel said he believed he had earned the money.

  • January 25, 2018

    No Wells Fargo-Style Sales Practices At Other Banks: OCC

    A review conducted by the Office of the Comptroller of the Currency in the wake of the Wells Fargo & Co. fake account scandal has so far not found similar problems at other large banks, the new chief of the national bank regulator said last week in a letter to Senate Democrats.

  • January 25, 2018

    NJ Cancer Clinic Can’t Beat NY Med Mal Suit On Jurisdiction

    A New York state appeals court on Thursday affirmed that a New Jersey cancer treatment center can’t dodge a medical malpractice suit on jurisdictional grounds, reasoning that the company has a location in Manhattan and conducts “purposeful” activities in the Empire State.

  • January 25, 2018

    Ex-Student's Suit Revived Over Defective Cafeteria Table

    The New Jersey Appellate Division on Thursday reinstated a former high school student's product liability suit against Virco Manufacturing Corp. after he injured his finger in a cafeteria table locking mechanism, saying the trial court should hold a hearing on the admissibility of the student's expert testimony.

  • January 25, 2018

    Ex-Rutgers Coach Dodges Sex Assault Suit Over Late Filing

    A New Jersey federal judge on Wednesday tossed a former Rutgers University volleyball player's sexual assault and harassment claims against her onetime coach, saying the action was filed too late even after accounting for the period when she claims to have repressed memories of the alleged abuse.

  • January 25, 2018

    Ballard Spahr Taps Real Estate Atty To Head Office In NJ

    Ballard Spahr LLP has named partner Jeffrey S. Beenstock, a transactional real estate attorney who has been with the national 15-office firm since 1999, managing partner of the outpost in Cherry Hill, New Jersey, the firm said Wednesday.

  • January 24, 2018

    3rd Circ. Backs Philly Win In Housing Cop's Retaliation Suit

    The Third Circuit on Wednesday backed a lower court’s decision giving a quick win to the Philadelphia Housing Authority Police Department in a suit from an African-American sergeant who said he was demoted because he complained that white officers were mistreated by black officers.

  • January 24, 2018

    Garden State Energy Policy Goes Green With New Gov.

    From a reunion with a regional cap-and-trade program to a rebirth for offshore wind development, newly minted New Jersey Gov. Phil Murphy heralds a greening of the Garden State's energy policies, Trenton watchers say. Here's a list of new energy and climate policy changes that bear watching.

  • January 24, 2018

    NJ Joins DACA Fight As ‘Dreamer’ Atty Gets Sworn In

    An Indian immigrant protected under the Deferred Action for Childhood Arrivals program from deportation was sworn into the New Jersey bar at a ceremony Wednesday, where state officials revealed that New Jersey is joining a court challenge to DACA’s planned end.

  • January 24, 2018

    Lesbian Couples Lose Challenge To NJ Insurance Rules

    A New Jersey federal judge on Tuesday tossed a lawsuit alleging the state discriminates against lesbians seeking insurance coverage for infertility treatments, ruling that the public agencies and individuals named in the suit are shielded by sovereign immunity.

  • January 24, 2018

    Kirkland's Wants Receipt Row Paused For Appeal On Standing

    Kirkland’s Inc. urged a Pennsylvania federal judge Wednesday to pause a class action alleging the retailer printed too many credit card digits on receipts, arguing the case should be put on hold until the Third Circuit settles a standing issue in a similar suit recently booted out of federal court in New Jersey.

  • January 24, 2018

    Lavish Spending OK'd As Evidence In $4M NJ Fraud Trial

    A hedge fund owner accused of stealing $4 million from investors lost his bid Wednesday to keep out trial evidence that he allegedly spent victims' funds on luxury items, after a New Jersey federal judge rejected his claims that such material is irrelevant and would unfairly prejudice jurors.

  • January 24, 2018

    Ex-Hotel Exec Cops To Embezzling $13M

    A hotel executive admitted Wednesday in New Jersey federal court to embezzling more than $13 million from a New York-based hospitality company where he was the chief operating officer and dodging taxes on $28 million in income, U.S. Attorney Craig Carpenito announced.

Expert Analysis

  • Don't Waste This Planning Cycle: Year-End Strategies

    Hugh A. Simons

    Law firms are businesses where partners operate with significant autonomy. To see their priorities translate into individual partner action, firm leaders should use a few collaborative strategies, suggests Hugh A. Simons, former senior partner of The Boston Consulting Group and former COO of Ropes & Gray LLP.

  • Hidden Dangers Of The Fluctuating Workweek Method

    Jeffrey Cadle

    A recently approved multimillion-dollar settlement agreement in Acevedo v. BrightView Landscapes, a hybrid collective/class action covering 27 states, illustrates the limitations of fluctuating workweek plans, and potential pitfalls for employers who utilize this payment method, says Jeffrey Cadle of Obermayer Rebmann Maxwell & Hippel LLP.

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • Gauging NJ Insurance Brokers' Standard Of Care Since Sandy

    Gary Strong

    When a catastrophe strikes and insurance companies either deny coverage or limit the coverage provided, the insurance broker is in the crosshairs of what can turn out to be a litigious claim. Gary Strong of Seiger Gfeller Laurie LLP explores the duty of insurance brokers in New Jersey and how these duties come into play, particularly after Superstorm Sandy.

  • Feature

    An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.

  • The Case For Creating A Mediation Department At Your Firm

    Dennis Klein

    There are at least four reasons supporting the need for some form of a mediation group within a law firm, especially in firms with larger practices, according to Dennis Klein, owner of Critical Matter Mediation and former litigation partner at Hughes Hubbard & Reed LLP.

  • Core Functions And Cooperative Federalism At The EPA

    Dan Jordanger

    The U.S. Environmental Protection Agency’s recently released draft strategic plan for 2018-2022 starkly narrows the items on which the EPA will focus its resources and turns the agency’s back on many objectives contained in the previous plan — things that the Trump administration and Administrator Scott Pruitt believe should not be done at all, says Dan Jordanger of Hunton & Williams LLP.

  • Opinion

    The Legal Fallout For Harvey Weinstein’s Hired Hands

    Nicole Kardell

    There is a difference between a lawyer or investigator seeking evidence to defend against allegations and correct misrepresentations, and, on the other hand, using duplicitous means to gather information and intimidate alleged victims and journalists. Client advocacy does not mean winning at all costs, says Nicole Kardell of Ifrah Law PLLC.

  • Jury Persuasion In An 'Alt-Fact' World

    Shelley Spiecker

    Today's climate of “alternative facts” has jurors making decisions based on beliefs, emotions and social affiliations that often go unacknowledged or underappreciated. To present their case in the most persuasive manner possible, litigators should consider adapting to their audience when it comes to four psychological factors, say consultants with Persuasion Strategies, a service of Holland & Hart LLP.