New Jersey

May 05, 2025
NJ Justices Favor Surety Over Savings In Turnpike Project

A New York construction company's bid for a New Jersey Turnpike Authority repair project lacked a validly executed consent of surety, so the agency was not arbitrary, capricious and unreasonable in disqualifying the bid, even though it was the lowest, a divided New Jersey Supreme Court ruled Monday.
May 05, 2025
Holtec Worker 'Cast Aside' After Beating Cancer, Jurors Told

A former nuclear technician told a New Jersey federal jury Monday that he was a loyal worker who was "cast aside in silence" by Holtec International when he returned to work after beating cancer and was demoted, had his work hours reduced and ultimately terminated without ever receiving a negative performance review.
May 05, 2025
NJ AG Seeks Public Office Ban For Menendez Over Conviction

Former U.S. Sen. Robert Menendez should be banned from running for, applying for or holding any public office or employment in state or municipal government because of his corruption conviction in federal court last year, Attorney General Matthew J. Platkin told a New Jersey state court Monday.
May 05, 2025
Ex-Seton Hall President Asks To Add Conspiracy Claim To Suit

Seton Hall University's former president is seeking to add claims to his whistleblower suit against the school alleging that it conspired to "disparage" him in the press partly in retaliation for reporting sexual abuse-related allegations about the school's current president.
May 05, 2025
Ex-Dilworth Chair Remembered For Wit, Love Of History

Philadelphia attorney, former speechwriter for President Lyndon B. Johnson and longtime partner and co-chair at Dilworth Paxson LLP, Stephen Harmelin has been remembered as a smart, steady and even-tempered lawyer with a dry sense of humor and deep love of U.S. history and the Constitution.
May 05, 2025
Justices Reject Review Of NLRB's COVID-19 Bonus Pay Order

The U.S. Supreme Court on Monday denied review of a shuttered New Jersey nursing home's challenge to the Third Circuit's enforcement of a National Labor Relations Board decision that found the employer unlawfully slashed or ended COVID-19 bonuses for unionized workers.
May 05, 2025
2nd Circ. Finds Lack Of Atty At Hearing Not Basis For Appeal

The Second Circuit said Monday that a former IT worker at an unidentified New Jersey law firm who pled guilty to fraud had no right to a court-appointed attorney under the Sixth Amendment for a postjudgment hearing over substituting an asset to satisfy a forfeiture order.
May 05, 2025
States Sue Trump Over Halt On Wind Energy Projects

A coalition of states led by New York on Monday challenged President Donald Trump's executive order indefinitely freezing the federal review and permitting of wind energy projects, saying the move has created "an existential threat to the wind industry."
May 02, 2025
Judge Blocks Feds' Appeal In Khalil's Unlawful Detention Suit

A New Jersey federal judge refused to pave the way for the government to appeal his opinion that the court has jurisdiction over Columbia University graduate and pro-Palestinian activist Mahmoud Khalil's lawsuit claiming the Trump administration is unlawfully detaining him for his political views, reasoning that he issued an opinion, not an appealable order.
May 02, 2025
NY Officials Say Feds' Memo In Filing Mishap Is Fair Game

New York officials told a federal judge on Friday that a mistakenly filed memo from the federal government detailing its weak rationale for trying to cancel Manhattan's congestion pricing program is fair game and cannot be shielded after media outlets widely reported on it.
May 02, 2025
Ex-SCWorx CEO Seeks Sentencing Delay Over Restitution Row

The former chief executive of SCWorx Corp. who was convicted of securities fraud after publicizing a $670 million COVID-19 test kit contract that never materialized told a New Jersey federal court Friday that he's seeking a one-month delay in his sentencing, citing the government's statement that it would pursue more than $140 million in restitution.
May 02, 2025
NJ Panel Affirms $2.6M Coverage Payout In Cleanup Case

A New Jersey appeals court on Friday upheld a lower court's decision finding that under Massachusetts law an insurer owed a BASF entity only $2.6 million in coverage for underlying environmental remediation costs after the lower court found a prior, larger coverage calculation it had adopted was "palpably incorrect."
May 02, 2025
NJ Atty Fights 'Over Punitive' DQ Ruling In Biz Dispute

A New Jersey lawyer urged a federal court to undo a more than $63,000 sanction against him connected to his disqualification from a cosmetics business dispute on Friday, arguing that the decision to disqualify him failed to show that he acted in bad faith.
May 02, 2025
NJ Bankruptcy Judges May Be Tapped As Unpaid Mediators

Bankruptcy judges may be among the jurists called upon to mediate New Jersey federal court cases without compensation, according to a proposed amendment to court rules.
May 02, 2025
Off The Bench: DC Stadium, BetMGM Victory, Transfer Rules

In this week's Off The Bench, the Washington Commanders strike a deal to build a new stadium in D.C., BetMGM fends off a consumer fraud suit targeting its gambling promotion efforts and a Rutgers University football player scores another win against the NCAA's transfer rules.
May 02, 2025
3rd Circ. Says County Judges Need Notice To Pull Probation

The Third Circuit on Friday partly revived claims from criminal defendants who said they were jailed for alleged probation violations too hastily and too long by Allegheny County, Pennsylvania, Judges Jill Rangos, Anthony Mariani and Kelly Bigley, but the split panel declined to require more than "probable cause" for someone to be returned to jail.
May 02, 2025
Live Nation Antitrust Fight Won't Have Split Damages Phase

A Manhattan federal judge declined Friday to break out a possible monetary damages phase in a suit by federal and state authorities accusing Live Nation of quashing competition in live entertainment, saying the move would be unlikely to streamline the complex case.
May 02, 2025
Reuters Escapes Suit Over NJ Judicial Privacy Law

A federal judge has dismissed a lawsuit alleging Thomson Reuters violated the New Jersey judicial privacy measure Daniel's Law, finding the plaintiffs failed to properly serve the Canadian organization.
May 02, 2025
Software Cos. Settle Tech Investors' Fraud, Contract Claims

A technology entrepreneur and his companies settled two investors' fraud and breach of contract claims arising from a soured business deal for a software project that got $150,000 of funding and then was not near completion months after the investors said they put their money behind the idea.
May 01, 2025
Couple's J&J Pelvic Mesh Claims Too Late, 11th Circ. Affirms

The Eleventh Circuit held Thursday that a couple's lawsuit against Johnson & Johnson over injuries allegedly caused by a pelvic mesh device made by the company's med-tech unit was filed too late despite evidence that the woman's doctors had expressed uncertainty for years about whether the mesh was causing her pain.
May 01, 2025
3rd Circ. Backs Charter School In Black Worker's Bias Suit

The Third Circuit upheld the dismissal of a Black cafeteria manager's suit claiming she was fired for complaining that her bosses at a charter school system mistreated her due to her race, ruling the suit falls flat because she was employed by an outside food service company.
May 01, 2025
3rd Circ. Unsure Defunct NJ Law Blocked ICE Detentions

The Third Circuit appeared skeptical of prison operator CoreCivic Inc.'s argument Thursday that a defunct New Jersey law barring detention centers from contracting with U.S. Immigration and Customs Enforcement is unconstitutional, questioning whether the statute actually blocked the federal government from detaining migrants.
May 01, 2025
J&J Talc Unit Says New Doc 'Key' To Talc Study Libel Suit

A Johnson & Johnson talc unit has asked a New Jersey federal court to reinstate its libel suit over a scientific article linking talcum powder to mesothelioma, arguing that newly discovered evidence shows statements in the article are false.
May 01, 2025
Bank Says Insurer Owes $1.8M In Vandalism Coverage

A bank accused a Berkshire unit and its insurance agent of underpaying coverage for property damage from "vandalism and/or theft," saying that while it's received roughly $105,000 in coverage to date, the insurer has yet to pay nearly $1.8 million.
May 01, 2025
States Urge 1st Circ. To Reinstate Federal Housing Grants

A coalition of states urged the First Circuit to reinstate a ruling that had blocked the Trump administration from cutting $30 million in fair housing grants, saying the federal government failed to consider the impact this decision would have on the groups' operations.

Expert Analysis

Series

Adventure Photography Makes Me A Better Lawyer

Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
5 Ways To Create Effective Mock Assignments For Associates

In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
And Now A Word From The Panel: How MDLs Fared In 2024

A significant highlight of the Judicial Panel on Multidistrict Litigation's practice during 2024 was the increase in the percentage of new MDL petitions granted by the panel, with 25 granted and only eight denied — one of the highest grant rates in years, says Alan Rothman at Sidley.
Recent Suits Show Antitrust Agencies' Focus On HSR Review

The U.S. Department of Justice's suit this month against KKR for inaccurate and incomplete premerger filings, along with other recent cases, highlights the agency's increasing scrutiny of Hart-Scott-Rodino Act compliance for private equity firms, say attorneys at Willkie.
Mentorship Resolutions For The New Year

Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
Trump's Energy Plans For Generation, Transmission And More

The executive orders and presidential memoranda issued by President Donald Trump on the day of his inauguration, unwinding the Biden administration's energy policies and encouraging development of fossil fuels, may have significant impacts on the generation mix, electric transmission construction and the state regulatory environment, say attorneys at Polsinelli.
Algorithm Price-Fixing Ruling May Lower Antitrust Claims Bar

A Washington federal court's refusal to dismiss Duffy v. Yardi Systems, an antitrust case over rent prices allegedly inflated by revenue management software, creates an apparent split in the lower courts over how to assess such claims, say attorneys at Morgan Lewis.
Series

Coaching Little League Makes Me A Better Lawyer

While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
5 Litigation Funding Trends To Note In 2025

Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
Predicting Where State AGs Will Direct Their Attention In 2025

In 2025, we expect state attorneys general will navigate a new presidential administration while continuing to further regulate and police financial services, artificial intelligence, junk fees and antitrust, say attorneys at Troutman Pepper.
Rethinking Litigation Risk And What It Really Means To Win

Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
Public Corruption Enforcement In 2024 Has Clues For 2025

If 2024 activity is any indication, the U.S. Supreme Court will likely continue to rein in expansive prosecutorial theories of fraud in the year to come, but it’s harder to predict what the new administration will mean for public corruption prosecutions in 2025, says Cathy Fleming at Offit Kurman.
Issues To Watch In 2025's ERISA Litigation Landscape

Whether 2024’s uptick in new Employee Retirement Income Security Act cases will continue this year will likely depend on federal courts’ resolution of several issues, including those related to excessive fees, defined contribution plan forfeitures, and pleading standards for ERISA-prohibited transaction claims, say attorneys at Groom Law.
Roundup

Banking Brief: State Law Recaps From Each Quarter Of 2024

In this Expert Analysis series, throughout 2024 attorneys provided quarterly recaps discussing the biggest developments in banking regulation, litigation and policymaking in various states, including New York, California and Illinois.
Series

Playing Rugby Makes Me A Better Lawyer

My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.