New Jersey

  • August 18, 2017

    Firefighter, Sales Reps Cop To NJ Prescription Fraud Scheme

    A firefighter and two pharmaceutical sales representatives admitted in New Jersey federal court Friday to taking part in a scheme to defraud state health benefits programs and other insurers out of more than $25 million through unnecessary prescriptions, a day after two fellow conspirators copped to their roles, authorities announced.

  • August 18, 2017

    Gardere Guides 3 Major Matters For REIT Ashford Hospitality

    Ashford Hospitality Trust recently completed a trio of high-profile deals — a buy, a sale and a refinancing — and Gardere Wynne Sewell LLP helped the real estate investment trust navigate a complex set of zoning, ground lease, condominium and timing issues in guiding the deals to the finish line.

  • August 18, 2017

    NJ Court Nixes DQ Bid In Superstorm Sandy Insurance Row

    A New Jersey federal judge on Thursday rejected a bid to disqualify an attorney from representing a condo association in its lawsuit over Superstorm Sandy-related flood insurance coverage, finding that the parties accused of not obtaining the proper policies waited too long to bring the motion.

  • August 18, 2017

    Care Managers Not Supervisors, Split NLRB Affirms

    A split National Labor Relations Board on Thursday affirmed a finding that a short-stay acute rehabilitation center’s care managers are not supervisors under the National Labor Relations Act, denying the employer’s request for review of a decision that found those managers’ pro-union remarks didn’t taint a union election outcome.

  • August 18, 2017

    Russian KFC Owner Can Be Taxed On Stock Sale: 3rd Circ.

    A Third Circuit panel on Friday largely affirmed a U.S. Tax Court decision that the primary shareholder in a company that owned most of Russia’s Pizza Huts and KFCs could be taxed on stock he bought from a minority shareholder, saying the primary shareholder must accept the "consequences of his business decisions."

  • August 18, 2017

    Uber Asks 3rd Circ. Not To Revive Philly Cab Antitrust Suit

    The Philadelphia Taxi Association should not get its antitrust suit against Uber reinstated because its alleged injuries are the result of an increase, rather than a decrease in competition, Uber told the Third Circuit on Friday.

  • August 18, 2017

    Pa. Pharmacy Must Face Horizon's Fraud Suit, Judge Says

    A New Jersey federal judge on Wednesday refused to toss Horizon Blue Cross Blue Shield of New Jersey’s lawsuit seeking to recoup $10 million the insurer paid in claim reimbursements to an allegedly unlicensed Pennsylvania mail-order pharmacy, ruling that the claims of insurance fraud and other violations were plausible.  

  • August 18, 2017

    Honeywell Wants Ex-Exec's Bias Suit Moved To Federal Court

    Honeywell International Inc. wants a lawsuit alleging it fired a vice president because of her gender and in retaliation for her challenging bias in executive promotions to be moved from New Jersey state court to federal court, according to a notice filed Wednesday.

  • August 18, 2017

    3rd Circ. Denies Haitian Man Asylum Over His Sexuality

    The Third Circuit on Thursday denied a Haitian native’s bid to seek relief under the Convention Against Torture on the ground that he failed to show he would likely face torture for being gay upon returning to his country and dismissed his claim for withholding of removal.

  • August 18, 2017

    Disability Rights Group Hits NJ McDonald's With ADA Suit

    The Independence Project, a nonprofit disability rights advocacy group, and a wheelchair user sued McDonald's Corp. on Thursday in New Jersey federal court for allegedly violating the Americans with Disabilities Act and state law by erecting and maintaining architectural barriers at a New Jersey restaurant.

  • August 17, 2017

    2 Plead Guilty To $25M NJ Prescription Fraud Scheme

    Two men admitted in New Jersey federal court Thursday to conspiring with doctors and public employees to defraud state health benefits programs and other insurers out of more than $25 million through unnecessary prescriptions filled at an out-of-state pharmacy, authorities said.

  • August 17, 2017

    NJ Panel Revives Firms' Fees Battle Over Personal Injury Deal

    A New Jersey state appeals court on Thursday revived a law firm's fees bid over its work on behalf of a former client before her lawsuit was filed by a successive law firm and ultimately settled, saying a personal injury attorney may be entitled to such a recovery for the reasonable value of services provided.

  • August 17, 2017

    SEC Suit Against Atty-Investor In Legal Receivables Trimmed

    An administrative law judge on Wednesday trimmed a U.S. Securities and Exchange Commission complaint accusing a New Jersey attorney and his hedge fund of using investors’ funds for risky investments in legal receivables, ruling that claims that they inflated the value of the investments “amount to nothing.”

  • August 17, 2017

    Mylan, Pfizer Escape Suit Over EpiPen Pricing

    An EpiPen direct purchaser’s decision to drop a proposed class action, alleging pharmaceutical companies including Mylan Inc. and Pfizer Inc. stifled competition in an effort to drive up prices for their potentially lifesaving allergy treatment, was approved in a New Jersey federal court on Tuesday.

  • August 17, 2017

    Wellbutrin Buyers Didn’t Show Harm By GSK, 3rd Circ. Says

    The Third Circuit on Thursday revealed the reasoning behind its decision earlier this month to affirm a win for GlaxoSmithKline PLC in litigation accusing it of stifling generic competition for Wellbutrin XL, saying the purchasers who brought the suit did not show they were injured by GSK.

  • August 17, 2017

    3rd Circ. Revives Exotic Dancer's Wage Suit

    The Third Circuit on Thursday revived a putative collective and class action alleging a New Jersey adult nightclub underpaid an exotic dancer, issuing a precedential ruling clarifying that statutory claims fall outside of arbitration agreements unless the clauses specifically mention them.

  • August 17, 2017

    NJ Gets OK To Take Beachfront Land For Shore Protection

    A New Jersey state judge said Wednesday that the state could acquire portions of private beachfront properties via eminent domain for shore-protection measures, saying property owners made a compelling argument against the need for the project in their area, but the expertise of state environmental officials deserves “great weight.”

  • August 17, 2017

    BIA Must Rethink Asylum For Gang-Targeted Man: 3rd Circ.

    The Third Circuit on Wednesday vacated and remanded a Board of Immigration Appeals decision denying review of a Salvadoran native’s petition for asylum, finding the court improperly ruled that a violent gang targeted the man because he was a shop owner, rather than because he had made negative statements about the gang.

  • August 17, 2017

    Western World Beats Coverage Suit Over NJ Condo Project

    Western World Insurance Co. on Wednesday defeated Nautilus Insurance Co.’s bid for reimbursement of its payout to a developer for a faulty roof replacement when a New Jersey judge ruled that condominium repairs are excluded under Western’s policy with the construction company that performed the work.

  • August 16, 2017

    'Legal Innocence' Not Enough For Civil Award, Court Finds

    A Third Circuit ruling setting aside a man's murder convictions in New Jersey after he served more than 20 years behind bars was an insufficient basis to award him a civil judgment against the state under a wrongful incarceration statute, a state appeals court ruled Wednesday.

Expert Analysis

  • CERCLA’s Jurisdictional Bar To Medical Monitoring Claims

    Thomas Manakides

    Medical monitoring claims against the U.S. Navy have recently foundered on the shoals of the Comprehensive Environmental Response, Compensation, and Liability Act’s jurisdictional rules. If affirmed, Giovanni v. U.S. Department of the Navy, a case currently pending appeal to the Third Circuit, will set the Third Circuit on course to split with the Ninth Circuit, say Thomas Manakides and Alexander Swanson of Gibson Dunn & Crutcher LLP.

  • 5 Tips For A Successful Legal Blog

    David Coale

    David Coale, leader of the appellate practice at Lynn Pinker Cox & Hurst LLP, shares his insights into what works — and what does not — when setting up and maintaining a legal blog.

  • Maintaining The Integrity Of Physician-Owned Practices

    John Fanburg

    Two recent cases in New York and New Jersey will impact how medical practice transactions should be structured in the future. New Jersey and New York courts may find fraud if they believe the purpose of a contractual agreement or transaction is to extract profits out of a practice, says John Fanburg of Brach Eichler LLC.

  • DTSA Developments Raise Inadvertent Disclosure Questions

    Victoria Bruno

    In Fres-co Systems v. Hawkins, the Third Circuit recently applied what appears to be the inevitable disclosure doctrine. The opinion did not distinguish between the plaintiff’s claims under the Defend Trade Secrets Act and the Pennsylvania Uniform Trade Secrets Act, so the mere threat of misappropriation may be sufficient under both statutes to warrant granting a preliminary injunction, say attorneys with Womble Carlyle Sandridge & Rice LLP.

  • Opioid Litigation: What’s On The Horizon

    David Schwartz

    As prescriptions for pain-suppressing opioids have soared, some have speculated that litigation will follow. Such litigation could take various forms, including personal injury lawsuits making design defect and/or failure-to-warn claims, consumer fraud actions, and more. Manufacturers and retailers should take steps now to protect themselves, say authors from Innovative Science Solutions and Locke Lord LLP.

  • Series

    Judging A Book: Kopf Reviews Posner's 'Federal Judiciary'

    Judge Richard Kopf

    There is a wonderful sketch of Seventh Circuit Judge Richard Posner dressed in a black robe with arms outstretched as if they were the billowing wings of a lean vulture. He is kicking a human brain down a hallway and wearing a half-smile that looks for all the world like a sneer. That sketch is the perfect metaphor for both Judge Posner and his new book, "The Federal Judiciary: Strengths and Weaknesses," says U.S. District Judge Ri... (continued)

  • What Providers Need To Know About NJ's Telemedicine Law

    Nathaniel Lacktman

    New Jersey's latest telemedicine law, effective last month, cements the validity of telehealth services, establishes practice standards and imposes telehealth coverage requirements for state-funded health insurance. Passage of this legislation is welcome news for companies and health care providers looking to offer telemedicine services in New Jersey, says Nathaniel Lacktman of Foley & Lardner LLP.

  • The Use Of Special Masters In Complex Cases

    Shira Scheindlin

    Special master appointments can be very beneficial in resolving disputes quickly, streamlining discovery, handling delicate settlement negotiations, and — somewhat surprisingly — reducing cost and delay, says retired U.S. District Judge Shira Scheindlin, now with JAMS.

  • Roundup

    Notes From A Law Firm Chief Privacy Officer

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    As more law firms become the targets of major cyberattacks, more firms may consider appointing a chief privacy officer. In this series, CPOs at four firms discuss various aspects of this new role.

  • Zero Emissions Credit Litigation: The Road Ahead

    Gordon Coffee

    Last month, federal courts dismissed challenges to zero emissions credit programs in Illinois and New York. But as the plaintiffs appeal, an issue with broad consequences for the energy industry looms: whether anyone other than the Federal Energy Regulatory Commission can ask a federal court to declare that state programs affecting wholesale energy markets are preempted, say Gordon Coffee and Tyson Smith of Winston & Strawn LLP.