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New Jersey
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April 12, 2024
Asbury Park Escapes Pot Co.'s Zoning Board Conspiracy Suit
A New Jersey federal court has dismissed a medical cannabis company's suit alleging Asbury Park and its zoning board conspired with a rival to block it from operating a treatment center, saying the complaint fails to support its allegations of the scheme.
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April 11, 2024
State Rules Can't 'Obliterate' Federal Rights, Justices Told
The U.S. Supreme Court must clarify that states are categorically prohibited from requiring plaintiffs to exhaust local administrative remedies before pursuing claims that state officials violated federal rights, several Alabamans told the court Thursday, warning that state prerequisites obliterate federal rights.
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April 11, 2024
NJ Climate Suit Goes 'Far Beyond' Boundaries, Oil Cos. Say
Six oil companies and an energy trade group told a judge Thursday that New Jersey Attorney General Matthew Platkin is attempting to stretch the state's tort law "far beyond" any manageable boundaries in attempting to hold them liable for allegedly misleading Garden State residents about the climate impacts of fossil fuels.
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April 11, 2024
NJ Town Pays $5.5M To Exit Claims It Steered Deloitte HQ Deal
Morristown, New Jersey, has agreed to pay $5.5 million to settle claims that officials meddled in a project to relocate accounting firm Deloitte's headquarters to one town site in an attempt to direct the project to another owned by developers they preferred.
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April 11, 2024
Judge Grants $3.2M In Fees For Wawa Class Counsel
There is no evidence of side agreements or collusion between attorneys representing a proposed class in a suit against Wawa Inc. and the convenience store's defense counsel, according to a Pennsylvania federal judge's order approving $3.2 million in attorney fees following appellate court review.
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April 11, 2024
Ex-COO Sues NJ Law Firm, Claiming Sexual Harassment
The former chief operating officer of New Jersey personal injury giant Garces Grabler & LeBrocq PC sued the firm Wednesday for sexual harassment and discrimination, alleging firm leaders unfairly impeded her from doing her job and made lewd comments about her.
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April 11, 2024
Exploding Shower Door Injury Suit Must Stay In Fed. Court
A lawsuit seeking to hold a plumbing fixture company and Home Depot liable for injuries a child suffered when a shower door "exploded" will not be sent back to state court, a New Jersey federal judge ruled, saying an agreement to cap damages won't shake federal jurisdiction.
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April 11, 2024
Sen. Menendez's Wife Gets Own Bribery Trial
A New York federal judge agreed on Thursday to give the wife of U.S. Sen. Robert Menendez her own trial in a sprawling case accusing the couple of accepting bribes for using the New Jersey Democrat's influence to further the interests of three businessmen.
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April 10, 2024
Pfizer Unit Cuts $39M Deal Ending Effexor Antitrust Claims
A proposed class of direct buyers asked a New Jersey federal judge on Tuesday to approve a $39 million settlement to end allegations that Pfizer Inc. unit Wyeth engaged in a scheme with Teva Pharmaceuticals to delay generic competition for the antidepressant drug Effexor XR.
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April 10, 2024
DOJ's Apple Antitrust Suit Gets New Judge After Recusal
The New Jersey federal judge overseeing the U.S. Department of Justice's recent iPhone antitrust case against Apple recused himself from the litigation Wednesday, according to a text order posted to the docket reassigning the case.
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April 10, 2024
3rd Circ. Won't Revive White And Williams Malpractice Suit
The Third Circuit on Wednesday declined to revive a $30 million legal malpractice suit brought by a home improvement product manufacturer against White and Williams LLP, finding the claim should have been brought in an earlier action between the parties.
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April 10, 2024
NJ GOP Org. Pushes For Controversial Ballot Design
A Garden State county Republican organization urged a New Jersey state judge on Wednesday to block a county clerk from using the same ballot design recently endorsed by a federal judge for use in the state's Democratic primaries in the county's GOP primary, arguing the clerk does not have the authority to ignore the party's right to associate.
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April 10, 2024
Emissions Rules' Foes May Be Forced To Yield To Automakers
Potential challengers of vehicle emissions rules were shown they're not necessarily in the drivers' seat on the issue when the D.C. Circuit upheld California's authority to set its own greenhouse gas emissions standards and run a zero-emission vehicles program while citing the auto industry's peace with the regulations.
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April 10, 2024
3rd Circ. Skeptical Of Challenge To NLRB Bonuses Ruling
A Third Circuit panel appeared skeptical Wednesday of a nursing home's challenge to a National Labor Relations Board decision finding it unlawfully altered bonus pay it issued during the pandemic without bargaining, as judges questioned the company's argument that the bonuses were allowable under an expired contract.
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April 10, 2024
3rd Circ. Revives Retaliation Suit Against Pa. House GOP
The Third Circuit breathed new life Wednesday into a former district office manager's lawsuit alleging she was fired by the Pennsylvania House Republican Caucus for reporting she had discovered mold in a state representative's office, finding she was acting outside her job duties when she spoke up.
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April 10, 2024
Ex-Reed Smith Atty Can't DQ Judge In Bias Suit Against Firm
A former Reed Smith LLP attorney failed in her bid to have a New Jersey state judge disqualified from her gender discrimination suit against the firm, with the judge on Wednesday turning down her argument that he improperly reviewed a certification from the firm's general counsel.
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April 10, 2024
ADP Agrees To Massive Class In Suit Over 401(k) Fees
ADP agreed to the certification of a class numbering more than 50,000 in a suit alleging the company failed to negotiate lower costs for its $7.8 billion employee retirement plan and funneled plan assets to a subsidiary, according to a filing in New Jersey federal court.
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April 10, 2024
Feds Back Trial Delay For Sen. Menendez's Wife's Surgery
Prosecutors on Wednesday told the New York federal judge overseeing Sen. Robert Menendez's bribery case that they are in favor of postponing the May trial for a few months in light of a serious medical condition affecting Nadine Menendez, the senator's wife and co-defendant.
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April 10, 2024
Ex-Judge Dropped From Harassment Suit After NJ Courts' Win
A New Jersey municipal court administrator has agreed to end a suit alleging she was sexually harassed by a former municipal court judge after a state superior court ruled she could not include the Administrative Office of the Courts as a defendant in the case.
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April 10, 2024
NJ Law Firm Not Covered In Malpractice Suit, Insurer Says
A law firm in Princeton, New Jersey, is not owed coverage of a malpractice action alleging one of its attorneys misappropriated the assets of a client's husband, the firm's insurer argued, telling a federal court the firm knew of the underlying legal claims before its policy's inception.
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April 09, 2024
TD Bank Wants 'Absurd' First Horizon Merger Suit Tossed
TD Bank has urged a New Jersey federal judge to dismiss a proposed class action from investors over the bank's failed merger with First Horizon, saying the investors can't sue because the deal never closed and the suit's asserted scienter claim "defies commonsense."
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April 09, 2024
Sen. Menendez's Wife Says Surgery Should Delay Bribery Trial
The wife of U.S. Sen. Robert Menendez said Tuesday that a "serious medical condition" requiring surgery should delay her trial on bribery charges, a case a New York federal judge has firmly set for May 6.
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April 09, 2024
Medieval Times Drops Appeal In TM Battle With Union
Medieval Times has dropped its bid to revive trademark infringement claims against the labor union representing its entertainers, according to a filing in the Third Circuit.
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April 09, 2024
Ex-Client Wants Records Of Seward & Kissel Calls In NJ Suit
The wife of a billionaire hedge fund founder is fighting to keep a subpoena alive for phone records of calls between her husband and Seward & Kissel LLP, telling a New Jersey state court they will show the firm helped cheat her out of marital assets when she filed for divorce.
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April 09, 2024
Fragrance Giants Want Out Of 'Threadbare' Price-Fixing Suit
Four international fragrance giants urged a New Jersey federal court to toss a proposed class action accusing them of conspiring to reduce competition in the multibillion-dollar fragrance market, saying plaintiffs are struggling to point to any price-fixing agreement.
Expert Analysis
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Attorneys' Busiest Times Can Be Business Opportunities
Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
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In The World Of Legal Ethics, 10 Trends To Note From 2023
Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
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The Key Laws Retailers Should Pay Attention To In 2024
2024 promises to be another transformative year for retailers as they navigate the evolving regulatory landscape, particularly surrounding data privacy and sustainability laws, meaning companies should make it a practice to keep track of new legislation and invest in compliance efforts early on, say attorneys at Benesch.
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What WeWork's Ch. 11 Filing Means For Landlords
WeWork’s recent Chapter 11 filing in New Jersey has the potential to be one of the most consequential cases in the real estate industry in many years, and presents a number of issues for landlords, including unexpired leases, assumption, assignment and more, say attorneys at Mayer Brown.
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How Attorneys Can Be More Efficient This Holiday Season
Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
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Top 10 Whistleblowing And Retaliation Events Of 2023
The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.
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The 4 Top Philadelphia Commerce Court Opinions Of 2023
Four 2023 rulings from the Philadelphia County Court of Common Pleas — including decisions on judicial privilege, stay requests, sheriff's sales and the appointment of a receiver — highlight the court's commitment to stringent standards and address evolving challenges in commercial litigation, say Jonathan Hugg and Sarah Boutros at Eckert Seamans.
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5 Trends To Watch In Property And Casualty Class Actions
In 2023, class action decisions have altered the landscape for five major types of claims affecting property and casualty insurers — total loss vehicle valuation, labor depreciation, other structural loss estimating theories, total loss vehicle tax and regulatory fees, and New Mexico's uninsured and underinsured motorist coverage sale requirements, say Mark Johnson and Mathew Drocton at BakerHostetler.
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Series
Children's Book Writing Makes Me A Better Lawyer
Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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Lessons From This Year's Landmark Green Energy IP Clash
In this year's Siemens v. General Electric wind turbine patent dispute, a Massachusetts federal court offers a cautionary tale against willful infringement, and highlights the balance between innovation, law and ethics, as legal battles like this become more frequent in the renewable energy sector, say John Powell and Andrew Siuta at Sunstein.
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What 3rd Circ. Gets Wrong About Arbitration Enforcement
The Third Circuit and other courts should correct their current law, exemplified by the Third Circuit's recent decision in Henry v. Wilmington Trust, requiring a motion to dismiss based on an arbitration clause because it conflicts with the Federal Arbitration Act, the Federal Rules of Civil Procedure, and — with regard to the improper-venue approach — U.S. Supreme Court precedent, says David Cinotti at Pashman Stein.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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The Key To Defending Multistate Collective FLSA Claims
Federal circuit courts are split on the reach of a court's jurisdiction over out-of-state employers in Fair Labor Standards Act collective actions, but until the U.S. Supreme Court agrees to review the question, multistate employers should be aware of a potential case-changing defense, say Matthew Disbrow and Michael Dauphinais at Honigman.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.