New Jersey

  • April 20, 2018

    NJ Won't Join FCA Suit Over Turf Sold To Schools, Towns

    New Jersey has declined to intervene in a False Claims Act suit brought by former FieldTurf USA Inc. executives alleging that the company knowingly sold defective artificial field turf to schools and towns but concealed the defects from the consumers.

  • April 20, 2018

    GWB Scandal Figures Challenge Statute’s Reach In 3rd Circ.

    Two former associates of ex-New Jersey Gov. Chris Christie will call on the Third Circuit during oral arguments Tuesday to rein in prosecutors’ novel application of an anti-theft and anti-bribery statute to criminalize their alleged scheme to reduce local access lanes to the George Washington Bridge as an act of political revenge.

  • April 20, 2018

    NHL Teams, Insurers Renew Bid To Nix Head Injury Suit

    The New Jersey Devils and St. Louis Blues hockey teams and their insurance companies renewed their calls for a Minnesota federal court to dismiss concussion claims from former NHL “enforcer” Michael Peluso on Thursday, two months after both sides asked to put the case on hold.

  • April 20, 2018

    Eli Manning, Giants Shed RICO Claims In Memorabilia Suit

    A New Jersey judge on Thursday tossed racketeering claims in a wide-ranging suit alleging New York Giants quarterback Eli Manning defrauded sports memorabilia dealers, finding there was no illicit enterprise, but said certain contract claims and other allegations will go to trial next month.

  • April 20, 2018

    Health Hires: Goodwin, Shook Hardy, Michael Best, Orrick

    The latest firms to expand their life sciences and health care abilities are Goodwin Procter LLP, Shook Hardy & Bacon LLP, Michael Best & Friedrich LLP, Orrick Herrington & Sutcliffe LLP, Harter Secrest & Emery LLP, Eversheds Sutherland and Cole Schotz PC.

  • April 20, 2018

    NJ Gov. Signs Law Banning Offshore Drilling

    Newly minted New Jersey Gov. Phil Murphy signed into law a bipartisan bill on Friday that bans offshore oil and gas drilling in the state’s waters and beyond, a move that comes as a rebuke to the Trump administration’s efforts to undo Obama-era restrictions on the activity in the Atlantic and Pacific oceans.

  • April 20, 2018

    3rd Circ. Revives Suit Over $2.5M Bond Investment

    In a precedential decision on Thursday, the Third Circuit revived a suit over an investment opportunity turned sour that was dismissed after a $3.5 million settlement had already been reached, after new counsel argued that the federal courts did not have jurisdiction over the case.

  • April 19, 2018

    NJ Panel Revives Claims Against Cos. In Turnpike Death Suit

    A New Jersey appeals court on Thursday revived claims in a wrongful death suit over a fatal accident during a New Jersey Turnpike resurfacing project amid a dispute over the role of an engineer at the time and whether negligence claims can be asserted against two contractors.

  • April 19, 2018

    High Court's Whistleblower Ruling Kills Ex-UBS Exec's Claim

    A New Jersey federal judge on Thursday trimmed a claim from a fired UBS Financial Services Inc. executive’s whistleblower suit following a U.S. Supreme Court decision holding that Dodd-Frank Act protections only extend to those who report alleged wrongdoing to the U.S. Securities and Exchange Commission.

  • April 19, 2018

    NJ Hedge Fund Owner Can't Escape Convictions In $4M Fraud

    A New Jersey federal court has knocked down a hedge fund owner's bid to overturn his convictions on charges of duping two investors into giving him about $4 million and spending most of it on a lavish lifestyle, finding more than sufficient evidence that he acted with fraudulent intent.

  • April 19, 2018

    State AGs Tell Congress Not To Exclude Attys From FDCPA

    The New York, California and Massachusetts attorneys general joined 17 of their counterparts in urging Congress on Thursday to reject a bill that would shield law firms and attorneys involved in debt-collection litigation from the reaches of the Fair Debt Collection Practices Act, saying the move would strip away critical safeguards.

  • April 19, 2018

    NextEra Fights To Keep $275M Termination Fee At 3rd Circ.

    NextEra Inc. urged the Third Circuit on Thursday to reinstate a $275 million termination fee it won after its deal to buy assets from Dallas-based Energy Future Holdings Inc.’s Chapter 11 estate fell through, arguing that there was no manifest error plaguing the award that warranted its later reversal.

  • April 19, 2018

    Suit Over Treadmill Injuries Is Revived Against NJ Gym

    Calling a New Jersey fitness center’s customer waiver form “one-sided” and “unconscionable,” a New Jersey appellate panel reversed a trial court’s dismissal of a suit filed by a woman who was seriously injured after she says a trainer instructed her to step onto a running treadmill.

  • April 19, 2018

    NJ Man's Theft Guilty Plea Undone In NY Giants Tickets Scam

    A New Jersey trial court should have rejected a man’s guilty plea to a theft charge related to the sale of New York Giants tickets because he did not admit to obtaining the victims’ money by deception, a state appeals court said Thursday in a published opinion overturning his conviction.

  • April 18, 2018

    Hundreds Seek To Centralize NJ Taxotere Hair Loss Suits

    Hundreds of women have called for centralized management of their New Jersey state actions alleging Sanofi-Aventis and other drug companies failed to adequately warn consumers about the risk of permanent hair loss from using the breast cancer drug Taxotere.

  • April 18, 2018

    Ex-NJ Bank Worker, 2 Others Stole Client Info, Funds: Feds

    The former employee of a New Jersey bank and two others have been charged with attempting to steal $700,000 from the bank’s clients using an identity theft scheme, federal prosecutors in New York said Wednesday.

  • April 18, 2018

    Flawed Verdict Sheet Merits New Med Mal Trial, Court Says

    The New Jersey Appellate Division on Wednesday said flaws in jury instructions and a verdict sheet warranted a new trial over claims negligent care left a newborn girl with permanent brain damage, saying the errors led to an “inconsistent and unsound verdict” in favor of medical personnel.

  • April 18, 2018

    PHH Shareholder Sues Over Proposed $360M Sale To Ocwen

    A shareholder in PHH Corp. hit the company and its board of directors with a proposed class action Tuesday in New Jersey federal court alleging the board was misleading investors about a $360 million plan to sell the company to rival mortgage provider Ocwen Financial Corp. and had bungled the sale process.

  • April 18, 2018

    NJ Justices Back Faulting 'John Does' In Crash Suits

    The New Jersey Supreme Court on Tuesday affirmed that unidentified motorists may by law be allocated fault in automobile accident lawsuits, potentially reducing the exposure of the named defendants, as long as the parties receive advance notice that a “John Doe” defense will be mounted.

  • April 17, 2018

    Consumers, Wine Retailer Can't Get Pricing Row Deal OK'd

    A New Jersey federal judge on Tuesday refused to bless the proposed settlement of a putative class action accusing an online wine retailer of offering bogus discounts by inflating "original" sales prices, ruling that missing information, particularly hard numbers, impaired her ability to evaluate the fairness of the deal.

Expert Analysis

  • Rule 23 Changes: Avoid Delays In Class Settlement Approval

    Shandarese Garr

    Among the proposed amendments to Rule 23 of the Federal Rules of Civil Procedure, which are scheduled to take effect Dec. 1, are specific requirements related to “front-loading.” They outline the process for seeking preliminary court approval of class action settlements and related notice plans, say Shandarese Garr and Niki Mendoza of Garden City Group LLC.

  • What NJ Employers Should Know About Paid Sick Time Bill

    Michelle Seldin Silverman

    The New Jersey Legislature recently passed a bill requiring employers in the state to provide employees with paid sick time, and Gov. Phil Murphy is expected to sign it. Michelle Silverman and Rudolph Burshnic of Morgan Lewis & Bockius LLP offer an overview of the proposed law and suggestions for how employers can prepare.

  • Best Practices For Building A Better Meeting

    Nicholas Cheolas

    How can we improve meetings in the legal industry, which tends to evolve with the speed of a tranquilized water buffalo mired in quicksand? Breaking it down to three phases can yield significant benefits, says Nicholas Cheolas of Zelle LLP.

  • The Latest Defeat Of Trump's 'Sanctuary' City Policies

    Jeffrey Gorsky

    Based on a California federal judge's recent decision in City of Los Angeles v. Sessions, prohibiting the U.S. Department of Justice from using a locality’s cooperation on immigration enforcement to determine eligibility for grants, it appears the Trump administration’s "sanctuary" city initiatives are likely to remain tied up in or blocked by litigation, says Jeffrey Gorsky of Berry Appleman & Leiden LLP.

  • Where’s The Harm? NJ Justices Offer Consumer Law Insights

    Christina Sarchio

    With its decision Monday in Spade v. Select Comfort Corp., the New Jersey Supreme Court proffered some much-needed clarity on the definition of “aggrieved consumer” in assessing liability under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act, striking yet another blow to the law’s expansive reach, say attorneys with Dechert LLP.

  • Missouri Talc Decision Could Signal Mass Tort Sea Change

    Corey Schaecher

    The Missouri Supreme Court recently declined to review a lower court's overturning of a $72 million talc verdict against Johnson & Johnson. This decision not only clears the way for Johnson & Johnson’s success in appeals of three other Missouri talc verdicts, but could herald a fundamental change in how mass tort cases may be litigated, say attorneys with Lewis Rice LLC.

  • 5 Ways Law Firms Are Becoming More Like Hotels

    Bella Schiro

    One way law firms differentiate themselves from the competition to attract and retain top talent is through their real estate and workplace strategies. Taking a lead from the hospitality industry can help create a more inviting, welcoming and collaborative workspace environment, says Bella Schiro of Jones Lang LaSalle Inc.

  • Opinion

    Gorsuch's 1st Year Shows He Is A Conservative Activist

    Elliot Mincberg

    In his first year on the U.S. Supreme Court, Justice Neil Gorsuch has proven to be a narrow-minded elitist who consistently votes in favor of corporations and the powerful, acting to roll back protections for workers, consumers, LGBTQ individuals and other marginalized communities, says Elliot Mincberg of People for the American Way.

  • Preempting Preemption: Device Cases After Shuker — Part 2

    Kip Petroff

    Preemption must be kept in mind as one approaches any medical device litigation; however, it need not be feared. Despite what some observers may say, the preemption shield is not as large as it might seem, and plaintiffs attorneys can still preempt the preemption defense with careful planning, say Kip Petroff and Caio Formenti of the Law Office of Kip Petroff.

  • Preempting Preemption: Device Cases After Shuker — Part 1

    Kip Petroff

    Device companies defend their products by pointing to surgeons’ off-label uses, as if that shields companies from product liability. But courts are increasingly looking carefully at the facts surrounding allegations of noncompliance with the conditions companies agreed to when obtaining premarket approval, say Kip Petroff and Caio Formenti of the Law Office of Kip Petroff.