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New Jersey

  • August 20, 2018

    Woman Used Asbestos-Laden J&J Talc, Jury Told In New Trial

    The Johnson & Johnson baby powder once used by a woman with mesothelioma contained millions of asbestos fibers, her attorney told a California jury Monday during opening statements in another trial over the alleged link between the industry titan's products and the carcinogen, while the company countered that sometimes “cancer just happens.”

  • August 20, 2018

    NJ College Dodges Part Of No-Bid Vending Contract Suit

    Kean University has escaped claims from its former longtime vending machine provider that the school violated public bidding laws in awarding a no-bid contract to a rival company, but that replacement vendor and the college must face other claims related to a purported kickback scheme, a New Jersey state court has ruled.

  • August 20, 2018

    Ex-NFL Alumni Worker Says She Was Fired After Harassment

    A former chapter coordinator for the NFL Alumni Association has filed suit against the group and its former CEO Joe Pisarcik, claiming she was fired in retaliation for turning down Pisarcik’s sexual advances.

  • August 20, 2018

    NJ Atty Sheds Former Client's Suit Over IT Work, AmEx Bill

    A New Jersey family law attorney said Monday he was “wrongly attacked” in a former client’s now-dismissed suit alleging the lawyer owed him money for information technology work, as well as for the alleged unauthorized use of the ex-client’s credit card.

  • August 20, 2018

    BlackRock Funds Overpaid For Advisory Services, Judge Told

    The shareholders of two BlackRock Inc. mutual funds told a New Jersey federal judge Monday that they pay “excessive” advisory fees compared to the amounts funds that receive advisory services from other institutions pay, amounting to overpayments of $280 million a year.

  • August 20, 2018

    BMW, Bosch Aim To Put Brakes On Emissions-Cheating Suit

    BMW of North America LLC and auto parts manufacturer Robert Bosch LLC asked a New Jersey federal court Friday to dump a consolidated class action alleging they lied about certain vehicles’ emissions performance, saying the lawyer-driven litigation is based on trumped-up copycat claims lifted from the Volkswagen scandal.

  • August 20, 2018

    NJ Justices Centralize Zostavax Suits Against Merck

    The New Jersey Supreme Court has coordinated in Middlesex County litigation claiming Merck & Co. Inc.’s shingles vaccine Zostavax has caused serious injuries.

  • August 20, 2018

    NJ Appeals Court Revives FedEx Driver's Slip-And-Fall Suit

    A New Jersey state appeals court on Monday revived a FedEx driver's suit against a Jersey City property owner alleging he landed in the hospital after taking a spill on the icy driveway of the car dealership that rents the property, finding the landlord liable for keeping the driveway safe.

  • August 20, 2018

    3rd Circ. Won't Revive Taxi Cos.' Suit Over Uber-Newark Deal

    Taxi and limousine operators lost their bid to revive a putative class action against Newark, New Jersey, over its $10 million agreement with Uber Technologies Inc. after the Third Circuit found Monday that the city was justified in subjecting the ride-hailing company’s drivers to less stringent regulations.

  • August 17, 2018

    Client's Benicar Trial Bill Shouldn't 'Scare Off' Firm: Judge

    A Missouri firm representing a man who passed on a $300 million opt-in settlement for injuries caused by blood pressure drug Benicar can’t be “scared off” the case just because his desired trial would be costly, a New Jersey federal court has said.

  • August 17, 2018

    Nissan '0% Financing' Suit Tossed For Lack Of State Claim

    A New Jersey federal judge on Thursday dismissed a putative class action alleging that a Nissan services contractor and a car dealership used a service agreement with higher interest rates than stated to rip off a car buyer, finding the warranty statute governing the suit mandates plaintiffs plead an underlying state-law claim.

  • August 17, 2018

    Don't Send CFPB Queries To OMB, Mulvaney Tells Dems

    Consumer Financial Protection Bureau acting Director Mick Mulvaney has replied to a letter from Senate Democrats asking about his decision earlier this year to dissolve the agency’s Consumer Advisory Board, saying he can’t answer their inquiry because it was addressed to him at his other job at the Office of Management and Budget.

  • August 17, 2018

    Ex-Judge Was Falsely Accused Of Drinking At Work, Suit Says

    The attorney for a former Newark, New Jersey, municipal judge who claims she was falsely accused of being drunk at work and then fired said on Friday that his client unequivocally denies drinking on the job.

  • August 17, 2018

    3rd Circ. Oral Argument Dip Troubling, Chief Judge Says

    The Third Circuit appellate bar is trying to reverse a troubling decline in oral arguments before its panels, which its Chief Judge D. Brooks Smith in an exclusive interview with Law360 says could have been brought on by a "stunning" increase in pro se filings he traces to the Great Recession of the late aughts.

  • August 17, 2018

    Ex-Constellation CEO Says He Is Victim In Stock Fraud Suit

    The ex-CEO of bankrupt Constellation Healthcare Technologies Inc. Thursday asked a New Jersey federal court to dismiss claims he engaged in securities fraud, alleging he is the victim of an investor’s takeover scheme.

  • August 17, 2018

    NJ Appeals Court Won’t Revive Grocery Sales Tax Challenge

    The Appellate Division of the New Jersey Superior Court largely upheld a trial court decision Friday rejecting a class action that accused two grocery stores of illegally charging higher sales tax than permitted under state law.

  • August 17, 2018

    NY, Others 'Stand Ready' To Fight Over Scientific Study Rule

    A coalition of 15 states, the District of Columbia and others threatened to sue the Environmental Protection Agency over a proposed rule requiring disclosure of the scientific study data behind regulations, saying Friday the coalition will go to court if the agency proceeds with “this misguided effort.”

  • August 17, 2018

    Gay Parent's Partner Is Deceased Child's Family: NJ Court

    The New Jersey Appellate Division ruled Friday that the bond between a child and his gay parent’s partner constitutes the familial relationship needed to support an emotional distress claim stemming from a death, issuing a published decision that revived a case against the city of Trenton over a toddler who was fatally struck by a truck.

  • August 16, 2018

    Recom AG Can't Yet Escape $1.9M Arbitration Award Dispute

    A New Jersey federal judge said Thursday that Recom AG can’t hide behind its U.S. branch as it seeks to avoid paying a $1.9 million arbitration award to a construction company, rejecting the German solar panel supplier’s bid to escape the dispute.

  • August 16, 2018

    Feds Settle Woman's Suit Over Undisclosed Pregnancy's Loss

    The federal government has agreed to settle a suit accusing a doctor employed by a federally funded clinic of negligently performing a gynecological procedure on a woman which caused her to unknowingly lose her pregnancy, according to documents filed Thursday in New Jersey federal court.

Expert Analysis

  • 'High Availability' — A Key Term In Law Firm IT Strategy

    Jeff Norris

    While most law firm executives and partners may instinctively want to tune out terms like "high availability" and "disaster recovery" — concepts that IT managers usually worry about — there are five reasons you should lean in and wrestle with the vocabulary, say Jeff Norris of Managed Technology Services LLC and Greg Inge of information security consulting firm CQR.

  • NY Lawsuit Challenging Federal SALT Cap: The Complaint

    Irwin Slomka

    New York, along with the states of New Jersey, Connecticut and Maryland, has brought suit in federal district court seeking to invalidate the $10,000 cap on state and local tax deductions enacted as part of the Federal Tax Cuts and Jobs Act of 2017. Based on the complaint and the limited judicial precedent cited, the plaintiff states face considerable hurdles, says Irwin Slomka of Morrison & Foerster LLP.

  • The Future Of State-Subsidized Electric Generation Resources

    Joseph Cavicchi

    The Federal Energy Regulatory Commission recently ruled that PJM Interconnection’s current capacity market auction tariff is unjust and unreasonable. The decision raises a fundamental economic question as to the future of PJM's existing market-based approach to determining the region’s mix of generating assets, say Joseph Cavicchi and Kenneth Grant of Compass Lexecon​​​​​​​.

  • Series

    Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

    Judge Kermit Lipez

    In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.

  • States Sue Over Deduction Cap, But Midterms Are Coming

    Matthew Lee

    Four states are suing the federal government, alleging that the new federal cap on deductions of state and local income taxes is an unconstitutional interference with state sovereignty. Whether the suit proceeds through the federal courts will likely depend as much on the outcome of the midterm elections as on the merit of the claims, says Matthew Lee at Fox Rothschild LLP.

  • Series

    Clerking For Ginsburg: 3 Surprises

    David Post

    It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.

  • Series

    Clerking For Ginsburg: A Superhero Supreme

    Burden Walker

    As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.

  • Series

    Clerking For Ginsburg: 4 RBG Lessons On Having It All

    Rachel Wainer Apter

    Justice Ruth Bader Ginsburg is everything she is cracked up to be​ — f​eminist icon​, brilliant jurist​, fierce dissenter. She is also an incredible boss, mentor and friend.​ ​Her advice has shaped how I have tried to balance building a career and ​raising children, says Rachel Wainer Apter, counsel to the New Jersey attorney general.