New Jersey

  • December 01, 2021

    NJ Cops Kept Off Beat For Failing To Follow Vaccine Policy

    A New Jersey state judge on Wednesday declined to reinstate nine West Orange police officers who were placed on unpaid leave for failing to comply with what the jurist called a "fair and reasonable" township policy requiring municipal employees to be fully vaccinated against COVID-19, citing the risk of spreading the virus.

  • December 01, 2021

    Talc Claimants Seek To Toss J&J Unit's 'Manufactured' Ch. 11

    The official committee of talc claimants in the Chapter 11 case of a Johnson & Johnson subsidiary said Wednesday the proceeding is a sham designed to insulate the parent company from billions in liability and asked a New Jersey bankruptcy judge to dismiss the case.

  • December 01, 2021

    NJ Diocese Fights Bid To Value Sex Abuse Claims In Ch. 11

    A bankrupt New Jersey Catholic diocese on Wednesday slammed a creditor committee's bid to suss out the value of hundreds of clergy sex abuse claims in its Chapter 11 process, calling the hearing motion "disingenuous" and "a transparent attempt to avoid the inevitable plan confirmation hearings."

  • December 01, 2021

    3rd Circ. Cans Wrongful Firing Suit Against Campbell Soup

    A New Jersey federal court was right to toss multiple lawsuits from a former contractor for the Campbell Soup Co. because he hadn't shown that the soup maker or the staffing agency he worked for were aware of his history of litigation and were retaliating when they fired him, a Third Circuit panel has ruled.

  • December 01, 2021

    NJ Town Wins Ruling To Avoid 92-Unit Senior Facility

    A New Jersey state appeals court affirmed a zoning board's rejection of a developer's plan to replace a banquet hall with a 92-unit assisted living facility in Verona, saying Wednesday that the proposal was at odds with the township's vision for its downtown business area.

  • December 01, 2021

    'No-Brainer' Bill Would Add Fed. Defender To Sentencing Body

    A Senate proposal Tuesday would create a new seat on the U.S. Sentencing Commission for former federal defenders, a move experts say would counterbalance the outsize influence that current and former prosecutors have over the currently dormant panel.

  • December 01, 2021

    Imerys, Cyprus Get Go-Ahead For Mediation In Ch. 11 Cases

    The Delaware bankruptcy judge overseeing the Imerys Talc America Inc. and Cyprus Mines Corp. Chapter 11 cases has given the companies the go-ahead to start mediation with their insurers to try to hammer out issues around a proposed talc injury settlement fund.

  • December 01, 2021

    Nobody Wants To Defend Ax Of Drain Device IP, Fed. Circ. Told

    An inventor has asked the Federal Circuit to reverse an inter partes reexamination decision that invalidated his patent covering a device for unclogging drains — asserted in a decade-old New Jersey lawsuit — and that he says was "so weak that no one will appear to defend it."

  • December 01, 2021

    NJ High Court Disbars Pa. Atty Who Defrauded Elderly Client

    A Pennsylvania attorney has been disbarred in New Jersey after he was convicted of 19 counts of wire fraud in a Pennsylvania federal court for defrauding an elderly client out of tens of thousands of dollars by abusing the power of attorney she had granted to him.

  • December 01, 2021

    Caesars Hit With ADA Suit From Ex-Sportsbook Cashier

    Caesars Entertainment violated the Americans with Disabilities Act and New Jersey state law by refusing to provide a more comfortable chair to a sportsbook cashier suffering from arthritis, according to a federal suit filed Wednesday.

  • December 01, 2021

    NJ Atty Who Avoided Taxes Is Suspended 2 Years In NY

    A New Jersey attorney has been suspended from practicing law in New York for two years, after ethics officials in the Empire State agreed to reciprocal discipline following his suspension in his home state for failing to report interest payments from a client on his tax returns.

  • November 30, 2021

    3rd Circ. Says Paper Too Late On Suit Over Arbitration Award

    The publisher of the Pittsburgh Post-Gazette cannot undo an arbitrator's decision requiring it to cover workers' health care cost increases after a labor contract expired, the Third Circuit ruled Tuesday, saying the company waited too long to challenge the award in court.

  • November 30, 2021

    NJ Justices Skeptical Convicted Atty Can Keep License

    The New Jersey Supreme Court appeared skeptical Tuesday of a suspended attorney's bid to avoid losing her state law license following her criminal convictions for taking part in a roughly $873,000 mortgage fraud scheme, challenging her stance that her falsification of documents solely warranted a suspension.

  • November 30, 2021

    NJ Justices Probe 'Muzzling' Bankruptcy Clause In Settlement

    The New Jersey Supreme Court offered mixed takes Tuesday on the potential "muzzling" effect of a settlement provision that the money a speech-language pathologist owed to Horizon Blue Cross Blue Shield of New Jersey would not be dischargeable if she filed for bankruptcy.

  • November 30, 2021

    Ex-Chiropractor Can't Reduce Prison Term In FBAR Case

    A former chiropractor failed to shave 374 days from his five-year sentence for evading taxes over $500,000 and failing to report over $1.5 million in foreign accounts when a federal court refused to credit his time served on other charges.

  • November 30, 2021

    Samsung Gets Shattered Glass Claims Sent To Arbitration

    A New Jersey magistrate judge has sent to arbitration the bulk of a proposed class action alleging Samsung Electronics America Inc. sold phones with cameras that had glass prone to shattering, saying the class members all received notice of the arbitration agreement when they purchased their phones.

  • November 30, 2021

    Pension Fund Attys Targeted For Sanctions In NJ ERISA Row

    The attorneys representing a paint company in a pension dispute are seeking sanctions against a pension fund and a Philadelphia-based law firm for filing a "wildly frivolous and wholly improper motion to dismiss" on behalf of the pension fund.

  • November 30, 2021

    Chatham Ups Bid For RR Donnelley To $10.25 A Share

    R.R. Donnelley & Sons Co. confirmed on Tuesday that private equity firm Chatham Asset Management LLC has upped its bid to acquire the company to $10.25 per share, intensifying its efforts to snatch the marketing communications firm away from would-be purchaser Atlas Holdings LLC.

  • November 29, 2021

    Court Hears NJ Judge Must Face Psychiatric Exam In Suit

    New Jersey judiciary officials have asked a federal court to order a state judge to undergo a psychiatric examination by their expert, claiming the analysis is critical for investigating her allegations that their purported misconduct left her emotionally distressed to the point where her nosebleeds required surgery.

  • November 29, 2021

    J&J's Bankruptcy Move To NJ Cracks Door For Dismissal Bid

    The transfer of a Johnson & Johnson unit's bankruptcy case to New Jersey may ease talc injury claimants' quest to get the proceeding thrown out, but experts say the effort remains an uphill battle that could ultimately still prove futile.

  • November 29, 2021

    State AGs Tell 11th Circ. Trans Bathroom Rule Discriminates

    A group of 23 state attorneys general led by New York's Letitia James have lined up on the side of a transgender Florida student by urging the full Eleventh Circuit to uphold its ruling that his school board's gender-based bathroom policy is unconstitutional.

  • November 29, 2021

    State Lawmakers Enacted Over 50 Pot Reform Laws In 2021

    State lawmakers this year have enacted more than 50 cannabis reform laws in over 25 states — including full legalization, conviction expungements and equity policies aimed at repairing the harm of prohibition — according to a report released Monday by the National Organization for the Reform of Marijuana Laws.

  • November 29, 2021

    Proposed DACA Rule Draws Over 9K Comments

    The Biden administration's proposed rule to reinforce the Deferred Action for Childhood Arrivals, or DACA, program has attracted more than 9,300 responses ahead of Monday's deadline for public comments, with many calling for broader changes than the regulations set out.

  • November 29, 2021

    NJ Firm Aims To Toss Malpractice Claims In Housing Suit

    New Jersey attorney Joseph Mariniello Jr. and his law firm want a state court to toss the malpractice claims the borough of Englewood Cliffs brought against them over a purportedly unfavorable settlement in affordable housing litigation, saying they were not involved in that matter.

  • November 29, 2021

    Insurer Can't Duck Disability Coverage At 3rd Circ.

    An insurance company has to go back to paying benefits for a disabled client because its decision to twice bring in outside consultants who said he could go back to work was motivated by a conflict of interest and deviated from the insurer's usual claim-review process, a Third Circuit panel ruled.

Expert Analysis

  • Without Leadership Buy-In, Law Firm DEI Efforts Stand To Fail

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    A law firm's diversity, equity and inclusion strategies need the full attention and support of its top leadership to succeed, and requiring the firm's key decision makers to join the DEI committee can make the difference, says Noble Allen at Hinckley Allen.

  • Series

    Confronting Origination Credit: Self-Advocacy Tips For Attys

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    Female lawyers and lawyers of color have historically not been privy to the rules of the origination credit game, but they can employ various strategies to increase the chances of receiving the credit they are due, such as enlisting allies for support and tracking inequity patterns, says Marianne Trost at The Women Lawyers Coach.

  • COVID Insurance Cases Highlight Federal-State Court Tension

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    COVID-19 insurance coverage litigation has resulted in an unprecedented number of federal courts preemptively ruling on an area of law in which state courts have final say — a problematic trend with likely undesirable results for litigants unless federal courts consider certain proactive solutions, says John Koch at Flaster Greenberg.

  • A Real-World Guide To Staying Discovery In Federal Court

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    Pleas for stay of discovery under the Federal Rules of Civil Procedure are often rejected when motions to dismiss are pending due to a tenacious tangle of case law, imposing financial and administrative burdens on parties, but some unambiguous rules of thumb can be gleaned to maximize the chances of a discovery stay, says Amir Shachmurove at Reed Smith.

  • How Green Amendments Protect Key Environmental Rights

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    New York's recently passed green amendment is part of a growing movement to give constitutional protection to environmental rights that are fundamental to human life, health and community, thereby addressing potential deficiencies in state and federal environmental laws and regulations, says Maya van Rossum at the Delaware Riverkeeper Network.

  • How To Draft Earnouts That Avoid Post-Closing Disputes

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    The recent Delaware cases of Pacira BioSciences v. Fortis Advisors and Shire v. Shareholder Representative Services illustrate the importance of drafting earnouts with appropriate specificity and clarity to avoid post-closing disputes and litigation, say attorneys at Fried Frank.

  • Heed These Rules, Or Risk Your Argument On Appeal

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    Failing to meet the scattered requirements for appellate preservation can have dire consequences, so litigants must understand the relevant briefing rules, the differences between waiver and forfeiture, and the four components of a pressed argument in order to get their case fully considered on appeal and avoid sanctions or dismissal, says Michael Soyfer at Quinn Emanuel.

  • What To Include In Orders Governing Remote Arbitration

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    When conducting remote arbitration, attorneys should negotiate written orders that spell out clear rules on technology accommodations, document handling, witness readiness and other key considerations to ensure parties' rights are protected and the neutral's time is not wasted, say Matthew Williams and Christina Sarchio at Dechert.

  • Series

    Embracing ESG: CBRE GC Talks Effective Compliance Emails

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    Good corporate governance requires communicating expectations for ethical conduct, but compliance emails need not be overly technical — a relatable story told in simple language with humility and respect can create internal communications that drive home the message, says Laurence Midler at CBRE.

  • The Hazards Of Female Lawyers Being 'Office Moms'

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    Female attorneys are frequently credited with being the "office moms" who do critical but undervalued work — from bringing birthday cakes to serving on diversity committees — but as lawyers return to offices, now is a good time for employers to rectify the gender imbalance that disadvantages women, say Ninth Circuit Judge Margaret McKeown and Fine Kaplan partner Roberta Liebenberg.

  • Discovery Immunity For Draft Expert Reports Lacks Clarity

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    Court rulings on whether — and when — drafts of expert reports are immune from discovery have been inconsistent, so the Federal Rules of Civil Procedure should be amended to better distinguish between draft and final expert reports, say attorneys at Lowenstein Sandler.

  • FCA Ruling Deepens Circuit Split Over Qui Tam Dismissals

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    The recent Third Circuit ruling in Polansky v. Executive Health Resources Inc. further widens a split over the standard for government-initiated motions to dismiss qui tam actions under the False Claims Act, and evinces increased scrutiny for motions filed after a defendant has entered the fray, say Kenneth Abell and Katherine Kulkarni at Abell Eskew.

  • A Phased Approach To In-House Legal Tech Adoption

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    In-house legal departments that adopt new technologies too quickly often face frustration or failure, so to help ensure a smooth transition, companies should consider a multistep approach, depending on where they stand with respect to modernizing legal processes, says Tariq Hafeez at LegalEase Solutions.

  • Series

    Confronting Origination Credit: How Firms Can Redo Policies

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    To promote a more diverse and equitable workforce — not to mention better teamwork and higher profits — law firms must tackle common misconceptions about origination credit and design compensation systems that reflect four critical concepts about client relationships, says Blane Prescott at MesaFive.

  • How To Comply With ABA's New Language Access Guidance

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    Considering the American Bar Association's recent language access guidance for lawyers working with clients with whom communication is impeded, attorneys should carefully navigate social and cultural differences and take steps to maintain professional obligations, say Hilary Gerzhoy and Deepika Ravi at Harris Wiltshire.

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