New Jersey

  • March 22, 2017

    Fed. Gov't To Pay $250K To End ‘Wrongful Birth’ Claims

    A New Jersey federal judge on Wednesday approved a $250,000 settlement to resolve a medical malpractice suit accusing a federally funded health clinic of failing to provide information about a patient’s pregnancy resulting in a baby born with Down syndrome, generally referred to as a “wrongful birth” suit.

  • March 22, 2017

    Ex-Intern Didn’t Ask Judge For Custody Help, NJ Panel Told

    A New Jersey woman who allegedly got improper help in her custody battle from a judge who wasn’t involved in her case told a judicial ethics panel Wednesday that while she formerly served as the jurist’s unpaid intern, the two weren’t close and she never asked for the assistance in her family court dispute.

  • March 22, 2017

    Enviros Ask For Pa. Pipeline Project Stay During Appeal

    The Delaware Riverkeeper Network on Wednesday shot back at efforts by the U.S. Army Corps of Engineers and a Kinder Morgan Inc. unit to deny the environmental group’s bid to halt construction of the company’s Pennsylvania pipeline project until the appeals court weighs in, saying it would be irreparably harmed without such a stay.

  • March 22, 2017

    Smigel Anderson Must Face Property-Sale Suit, Court Says

    The New Jersey Appellate Division on Wednesday revived a suit against Smigel Anderson & Sacks LLP over claims that a partner's letter during a separate divorce action ultimately derailed a property sale, saying a trial court improperly tossed the case on jurisdictional and other grounds without examining the full extent of the Pennsylvania firm's work in New Jersey.

  • March 22, 2017

    Lush Beats Suit Alleging Website Terms Shirk NJ Law

    A New Jersey federal judge tossed a proposed class action alleging the terms of cosmetics company Lush’s website violate state law by trying to skirt duties owed to consumers, holding Wednesday that the act doesn't cover the shopper leading the suit because she didn’t read the conditions and hasn’t shown they harmed her.

  • March 22, 2017

    3rd Circ. Revives Fosamax Warning Class Against Merck

    The Third Circuit Wednesday revived a class action suit claiming Merck failed to warn patients about the risk of its osteoporosis drug Fosamax causing irregular hip fractures, saying the drugmaker must prove to a jury federal regulators blocked the warning.

  • March 22, 2017

    Atlantic City Fire Contract Changes Stayed Pending Appeal

    Atlantic City, New Jersey, firefighters bracing for salary reductions and other contract changes proposed by a state fiscal monitor got a reprieve Tuesday when a judge stayed the cuts pending the union’s appeal of another judge’s previous order greenlighting them.

  • March 22, 2017

    Army Employee Accused Of Taking Bribes For NJ Contracts

    A U.S. Army employee was charged Wednesday with accepting more than $150,000 in bribes from two individuals in exchange for his assistance with securing contracts for renovation projects at military facilities in New Jersey, acting U.S. Attorney William E. Fitzpatrick announced.

  • March 22, 2017

    Suit Accusing FERC Of Pro-Energy Industry Bias Thrown Out

    A D.C. federal judge on Wednesday dismissed an environmental group's suit claiming the Federal Energy Regulatory Commission's pipeline approval process unconstitutionally favors the energy industry, saying there is no evidence that FERC is biased.

  • March 22, 2017

    High Court Narrows Use Of Structured Dismissals In Ch. 11

    The U.S. Supreme Court ruled Wednesday that the use of so-called structured dismissals to end Chapter 11 cases must be narrowed, holding that a settlement that effectively wiped out employee claims against a trucking company but paid more junior creditors impermissibly sidestepped the U.S. Bankruptcy Code's creditor priority.

  • March 21, 2017

    NJ Justices To Mull Civil Rights Claim Over Zoning Appeals

    The New Jersey Supreme Court has agreed to review an appellate panel decision reviving a civil rights claim against Spring Lake, New Jersey, over its failure to properly review a resident's appeals of zoning permits issued to the owners of a neighboring property.

  • March 21, 2017

    3rd Circ. Revives Port Worker's FMLA Retaliation Claim

    The Third Circuit on Tuesday ordered a new trial for a former Delaware River Port Authority worker who claimed he was fired for taking leave under the Family and Medical Leave Act, issuing a precedential decision that established the standard of proof for such claims by holding that direct evidence of retaliation wasn’t necessary.

  • March 21, 2017

    NJ Sens. Express Enviro Concerns Over PennEast Pipeline

    Both of New Jersey’s U.S. senators have sent a letter to the Federal Energy Regulatory Commission expressing concerns that the proposed 110-mile PennEast Pipeline project, set to run through parts of the Garden State and Pennsylvania, poses potential environmental impacts that need to be investigated further.

  • March 21, 2017

    NJ Lawmakers Protest NY Port Authority Inspector Proposal

    New Jersey lawmakers are decrying New York’s effort to assert greater investigatory control over the bistate Port Authority, arguing that the latter state’s proposal to establish its own inspector general undermines the authority of the transportation agency’s current inspector general.

  • March 21, 2017

    NJ High Court To Review 'Job Banding' Rule Veto

    The New Jersey Supreme Court on Monday agreed to review the Appellate Division's invalidation of a Civil Service Commission rule eliminating the competitive job advancement examination required for certain job titles after finding the Legislature didn't overstep its bounds by vetoing it.

  • March 21, 2017

    Levi Korsinsky Seeks Lead Role In Birth Control Investor Suit

    Levi & Korsinsky LLP moved in New Jersey federal court Monday to become lead counsel in a case alleging that a women’s health care company led investors to believe its study for a low-dose birth control patch would result in U.S. Food and Drug Administration approval despite the patch not meeting industry standards.

  • March 21, 2017

    Philly DA Hit With Federal Corruption Charges

    Philadelphia District Attorney Seth Williams on Tuesday was hit with a federal indictment for allegedly accepting gifts and favors from two unidentified business owners in exchange for an appointment as a special adviser, a promise to intervene in a criminal case and other official actions.

  • March 21, 2017

    3rd Circ. OKs Contempt Order Over Locked Hard Drives

    The Third Circuit upheld in a precedential ruling Monday a lower court's decision to hold a John Doe in contempt for refusing to unlock two external hard drives during a child pornography investigation, finding that the court’s decryption order doesn’t violate Doe’s Fifth Amendment rights.

  • March 21, 2017

    Deal Ends DQ Bid Against Ex-Worker's Atty In Bias Suit

    A New Jersey federal judge has said that Sentel Corp. settled a racial and age discrimination lawsuit brought against the engineering firm by a former employee, ending the company's bid to disqualify the man's attorney over his interview with a former Sentel executive.

  • March 20, 2017

    Atlantic City Fire Contract Changes OK'd, But Not Layoffs

    A New Jersey state judge has said state officials may cut Atlantic City firefighters' salaries and make other changes to their contract under a state law aimed at bringing financial stability to the struggling resort town, but officials are temporarily barred from laying off 100 firefighters given public safety concerns.

Expert Analysis

  • Monthly Column

    Gray Matters: Decision Error

    Gray Matters

    Lawyers make hundreds of decisions during the course of advising a client, consummating a transaction or litigating a case. In this new column, dispute resolution experts Bob Creo and Selina Shultz explore the theory, science and practical aspects of how decisions are made in the legal community.

  • Law Schools And Law Firms: Seeking Common Ground

    Randy Gordon

    What we don’t know is whether the teaching and practice of law are undergoing massive structural changes or we’re still digging out from the worst economic collapse since the Depression. But what we do know is that the missions of the most forward-looking law schools and law firms are converging in ways that were unimaginable 10 years ago, says Randy Gordon, a partner at Gardere Wynne Sewell LLP and executive professor of law at Te... (continued)

  • The Legalization Of Sports Betting: Lessons From Nevada

    Dennis Gutwald

    For now, Nevada operators have a monopoly on legal sports betting while other states are faced with prohibition. With the increasing likelihood that sports betting soon will be legalized in many states, there are five key things to know about Nevada’s success, says Dennis Gutwald of McDonald Carano Wilson LLP.

  • Not From Around Here? Trying A Case As An Out-Of-Towner

    William Oxley

    The importance of authenticity is magnified when trying a case outside your home jurisdiction. While using references to local landmarks or history can help make arguments relatable, adopting local expressions or style in an attempt to ingratiate oneself with the judge and jury almost always backfires, say William Oxley and Meghan Rohling Kelly of Dechert LLP.

  • DOJ Brief Opposing CFPB Brings More Uncertainty

    Ashley Taylor

    What will be most disappointing to Republicans and President Trump, and which is entirely possible given the issues the D.C. Circuit requested to be briefed, is an outcome which avoids the constitutional issues raised in PHH Corp. v. Consumer Financial Protection Bureau and decides the case on the basis of the statutory provisions of the Real Estate Settlement Procedures Act, say attorneys at Troutman Sanders LLP.

  • NJ Spill Act May Now Include Right To Compel Sampling

    Edward McTiernan

    Confronted with the strict liability scheme under New Jersey's Spill Act, courts in the state have universally required that a contribution plaintiff establish that the defendants are "dischargers" or "in any way responsible" before recognizing contribution claims. But that changed when the Appellate Division announced its decision in Matejek v. Watson earlier this month, say Edward McTiernan and Kerry Dziubek of Arnold & Porter Kaye Scholer LLP.

  • When The JPML Refuses To Approve Multidistrict Litigation

    Stephen McConnell

    A multidistrict litigation can be a sound and efficient way of managing a mass tort, or it can be an unwieldy disaster. A recent decision by the Judicial Panel on Multidistrict Litigation, denying a plaintiffs’ motion for centralization in the Proton-Pump Inhibitor Products Liability Litigation, shows that some MDLs are more trouble than they're worth, says Stephen McConnell of Reed Smith LLP.

  • Plaintiffs Face Uphill Battle In Excessive-Fee Litigation

    Eben P. Colby

    The past year has seen the momentum turn in favor of mutual fund advisers in the current wave of “excessive-fee litigation.” The New Jersey district court's recent opinion in Kasilag v. Hartford is insightful both for what it found with respect to Hartford and for its potential application to the more than 20 other pending cases, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Where To Sue For Data Misappropriation

    Richard M. Reice

    Determining where a company’s data is stored for purposes of venue is a relatively new issue not resolved in current case law. Traditionally, courts have focused on the location of the relevant server. But in this age of the cloud, with multiple and redundant servers enhancing access and security, we argue that the place where data is managed and controlled is the proper venue, says Richard Reice of Hoguet Newman Regal & Kenney LLP.

  • A Dive Into BPCIA Confidential Info Disclosure Requirements

    Will Orlady

    Although courts have not definitively interpreted what confidential information a biosimilar manufacturer must disclose to a reference product sponsor if it wishes to engage in the patent dance, future biosimilar litigants can reduce risk and increase benefits by noting issues raised in Biologics Price Competition and Innovation Act litigation thus far, say Will Orlady and Tasha Francis of Fish & Richardson PC.