New Jersey

  • February 22, 2018

    3rd Circ. OKs FBI Malware Warrant In Child Porn Case

    The Third Circuit said Wednesday that a magistrate judge overstepped her authority when she let the FBI use malware to identify suspects in a massive child pornography sting, but broke new legal ground by ruling that the evidence was allowed because law enforcement had obtained the search warrant in good faith.

  • February 22, 2018

    Newark Accused Of Unlawfully Shielding Amazon HQ Docs

    A New Jersey man has slammed Newark with a lawsuit in state court alleging the city unlawfully denied his public records request for documents related to its bid to land Amazon's second U.S. headquarters, citing "a compelling public interest" in learning such information.

  • February 22, 2018

    BMW To Pay Service Members $2.1M In Lease Refund Row

    BMW Financial Services NA has agreed to pay more than $2 million to 492 service members who terminated their vehicle leases early for military obligations, resolving U.S. Department of Justice claims that the company violated federal law when it failed to refund them a portion of their up-front lease payments.

  • February 22, 2018

    NJ Sens. Move Bill To Raise $300M In Nuke Plant Subsidies

    A New Jersey legislative committee on Thursday released a bill that would establish a $300 million nuclear plant subsidy from ratepayers in what advocates say will ensure the viability of two Public Service Enterprise Group Inc. power plants and advance the state’s clean energy goals.

  • February 22, 2018

    Sills Cummis Nabs 5 Locke Lord Litigators

    Sills Cummis & Gross PC has added to its Newark, New Jersey, office a group of five former Locke Lord LLP litigators led by renowned product liability attorney James E. Tyrrell Jr., known for representing powerhouses like Monsanto Co., ExxonMobil Corp. and others, the firm announced Wednesday.

  • February 22, 2018

    NJ Hotel Escapes Patron's Infection Suit At 3rd Circ.

    The Third Circuit on Wednesday affirmed a ruling for Windrift Hotel Resort in litigation brought by a woman whose leg was amputated after she contracted sepsis and a bacterial skin infection from raw clams, saying there wasn’t enough evidence that the Jersey Shore establishment was to blame for the allegedly defective food.

  • February 22, 2018

    Pa. Attys’ $38K Sanctions Halted For 3rd Circ. Appeal

    Three Pennsylvania attorneys sanctioned for lodging a groundless proposed class action against a surgery center were granted a reprieve from paying approximately $38,000 in penalties after a federal judge halted the case on Wednesday pending a Third Circuit appeal.

  • February 22, 2018

    2 Tibet Pharma Defendants May Appeal Last Count In IPO Suit

    A New Jersey federal judge ruled Wednesday that two defendants in a class action accusing Tibet Pharmaceuticals Inc. of lying about its financial health before its 2011 initial public offering can appeal the judge’s May opinion that dropped all but one count against them, saying the appellate court could end litigation for the pair.

  • February 22, 2018

    NJ Trampoline Park Loses Bid To Arbitrate Injury Claims

    The New Jersey Appellate Division on Thursday denied a trampoline park's bid to force arbitration of claims that a boy was severely injured at the facility, finding that neither an agreement signed by his friend's mother nor a prior agreement signed by his mother were enforceable in the matter.

  • February 22, 2018

    Menendez-Connected Eye Doc Gets 17 Years For $42.6M Fraud

    Dr. Salomon E. Melgen, a Florida ophthalmologist who gained notoriety as a co-defendant with U.S. Sen. Robert Menendez in an unsuccessful bribery case, was sentenced Thursday to 17 years in prison and ordered to repay nearly $42.6 million on a conviction of massively overbilling Medicare.

  • February 21, 2018

    NJ Trader Faces New Charges In Market Manipulation Case

    A New Jersey-based trader was hit with additional charges Wednesday over an alleged market manipulation scheme that raked in millions over a two-year period, according to authorities.

  • February 21, 2018

    AIG Denied Quick Win In Becton Antitrust Coverage Fight

    An AIG unit can’t dodge coverage just yet for the $67 million bill medical technology company Becton Dickinson & Co. racked up settling two antitrust suits, a New Jersey federal court said Tuesday, ruling it’s unclear whether the policies at issue cover “unfair competition.”

  • February 21, 2018

    'Convoluted' Construction Loan Row Remanded Again

    A New Jersey appellate court on Wednesday for the second time sent back to trial court a “convoluted” dispute over construction and development loan payments and two foreclosed properties, saying that the lower court still had not fully clarified the value of the properties or why it considered some of the evidence “incompetent.”

  • February 21, 2018

    From NJ To Texas: How The Courts Fared At The Fed. Circ.

    The differences between the Federal Circuit’s most-reversed and least-reversed district courts run far deeper than their success rates on appeal — a metric that can vary widely throughout the judiciary, according to Law360’s look at three years of Federal Circuit cases.

  • February 21, 2018

    Purdue Pharma Triggered Opioid Epidemic, NJ County Says

    A New Jersey county hit OxyContin maker Purdue Pharma and several other opioid manufacturers, distributors and retailers with a suit in state court Wednesday accusing the former of sparking the opioid epidemic with deceptive marketing practices that the others eventually adopted.

  • February 21, 2018

    NJ Justices Say City, Inspector Fully Immune From Fire Suit

    The New Jersey Supreme Court on Wednesday determined that a city and its electrical inspector were fully insulated from claims over a fatal fire purportedly sparked by faulty wiring, reasoning that public entities and employees can’t be held liable for not enforcing the law.

  • February 21, 2018

    Suit Over Firm's Debt Collection Was Timely, 3rd Circ. Told

    The Pennsylvania resident who alleged a law firm’s credit card debt judgment prevented him from getting a mortgage told a full Third Circuit on Wednesday that the one-year time limit on his claim didn’t begin until he learned about the judgment, which was when he was rejected for the loan.

  • February 20, 2018

    NY Accountant Pleads Guilty In Stock Manipulation Scheme

    A Cedarhurst, New York, accountant on Tuesday copped to his role in a long-running stock market manipulation scheme that netted millions in illegal profits between 2014 and 2016, federal prosecutors said.

  • February 20, 2018

    Expert Tells NJ Jury He Found Asbestos In J&J Talc

    An electron microscopist told New Jersey jurors Tuesday that he found asbestos in more than half of the 32 samples of Johnson & Johnson talcum powder products he had examined during a trial over the mesothelioma a man says he developed as a result of his using J&J’s products.

  • February 20, 2018

    Woman Convicted Of Son's Murder Sues Over Courtroom Fall

    A woman convicted of the decades-old killing of her 5-year-old son launched a lawsuit in New Jersey state court Friday over claims she fell in a courtroom while being "negligently escorted" by sheriff's officers and was later denied adequate medical care and treatment at a county jail.

Expert Analysis

  • Register Your California Cannabis Trademarks Now

    Joshua Cohen

    Any cannabis business that is holding its breath waiting for the U.S. Patent and Trademark Office to start registering cannabis-related trademarks should give up. But those located in states that have legalized recreational and/or medicinal cannabis should immediately seek state trademark registration where available, says Joshua Cohen, leader of Wendel Rosen Black & Dean LLP's intellectual property group.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle LLP.

  • 3 Mass. Proposals Signal A New Wave Of Offshore Wind

    Tommy Beaudreau

    After the recent submission of three bids in response to Massachusetts electric distribution companies' request for proposals for offshore wind energy projects, the stage is set for 2018 to be a breakthrough year in U.S. offshore wind development, say attorneys with Latham & Watkins LLP.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.

  • How A Recent Tax Case Offers Guidance To Family Offices

    Mark Leeds

    In a recent case, Lender Management LLC v. Commissioner, the U.S. Tax Court ruled against the Internal Revenue Service after it asserted that the costs of running a family office were not deductible for federal income tax purposes. The decision provides a road map for other family offices on how to structure their operations, says Mark Leeds of Mayer Brown LLP.

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​

  • Emerging Trends In FCA Enforcement: 2018 Outlook

    Vince Farhat

    Two new policies from the U.S. Department of Justice, along with ongoing developments concerning the elements of scienter and materiality stemming from the landmark U.S. Supreme Court decision in Escobar, have the potential to significantly change the landscape of False Claims Act enforcement in the year ahead, say attorneys with Holland & Knight LLP.

  • 'Throw' Your Mini-Opening To Get The Best Jury Possible

    Christina Marinakis

    In the hopes of piquing the interest of jurors and minimizing hardship requests, more and more judges are encouraging parties to make “mini-openings” prior to voir dire. You can use this as an opportunity to identify your worst jurors and get them removed from the panel — by previewing your case weaknesses and withholding your strengths, says Christina Marinakis of Litigation Insights.

  • Eminent Domain In The Wake Of Natural Disasters

    Briggs Stahl

    When states and municipalities rebuild permanent infrastructure following disasters, they may be able to reduce the damages caused by eminent domain by planning carefully. In particular, examining preventative solutions allows more time for planning and designing projects to reduce future damages to owners, says Briggs Stahl of RGL Forensics.