New Jersey

  • February 21, 2020

    PennEast Urges High Court To Undo 3rd Circ. Pipeline Ruling

    Developers of the $1 billion PennEast pipeline have asked the U.S. Supreme Court to review the Third Circuit’s ruling that PennEast can’t seize New Jersey-owned land for the project, slamming the decision as “exceptionally wrong” and pointing to a recent declaratory order from the Federal Energy Regulatory Commission supporting PennEast’s position.

  • February 21, 2020

    Civil Rights Atty Takes 'Watchdog' Role To NJ Comptroller

    A tenacious advocate who didn't back down from fighting state officials, acting New Jersey State Comptroller Kevin Walsh has brought his "watchdog" eye inside state government as he continues his mission of holding political leaders accountable and looking out for Garden State residents.

  • February 21, 2020

    Cannabis Bill Roundup: Kentucky House OKs Medical Pot

    Hundreds of cannabis reform bills are making their way through Congress and statehouses across the country. Here, Law360 takes stock of some recent major legislative developments and looks ahead to the bills that are expected to get a hearing in the next few days.

  • February 21, 2020

    Marriott Can't Duck Hotel Guests' Data Breach Claims

    A Maryland federal court on Friday kept alive multidistrict litigation stemming from hotel giant Marriott International Inc.'s massive data breach, finding that guests had adequately claimed injuries traceable to the company's failure to detect the historic hack or stop the theft of their personal information.

  • February 21, 2020

    3rd Circ. Says J&J Must Face Walgreens, Kroger Antitrust Suit

    Walgreens and Kroger have earned another crack at proving Johnson & Johnson snuffed out competition for its arthritis treatment Remicade and hiked the drug’s price tag, as the Third Circuit disagreed with a lower court that a commercial contract barred the retailers’ federal antitrust claims.

  • February 21, 2020

    Senate Dems Protest Trump's Drilling 'Giveaway' For Alaska

    Seven Democratic senators have lodged a protest over the Trump administration's approach to oil and gas drilling in the Alaskan Arctic's National Petroleum Reserve, denouncing "a large-scale giveaway of America's public lands" that discards a 2013 compromise.

  • February 21, 2020

    NJ Justices Will Take On J&J's Insurance Premium Tax Battle

    The New Jersey Supreme Court agreed Friday to review an appeals court's ruling that Johnson & Johnson's state insurance premium tax obligation is limited to risks insured within the Garden State and not throughout the nation, a decision that revived the health care giant's bid for a $55 million refund.

  • February 21, 2020

    Teva Floated As Bellwether In Generic Drug Price-Fixing MDL

    A case brought by 44 state attorneys general against Teva Pharmaceuticals and several other drugmakers should be the bellwether for a massive multidistrict litigation over alleged conspiracies to fix the prices of generic drugs, according to a special master's report Thursday.

  • February 21, 2020

    Insurer Beats NJ Suit Over Golf Cart Accident Coverage

    A New Jersey state appellate court on Friday reversed a trial court defeat for United Services Automobile Association in a coverage row stemming from a golf cart accident, ruling that an insurance policy issued by the company excluded coverage for vehicles that weren't listed on it.

  • February 21, 2020

    NJ Real Estate Group Can't Intervene In Weichert Wage Suit

    A New Jersey real estate trade group can’t become a party in a wage lawsuit against Weichert Realtors because it hasn't shown the case's outcome will impact the industry as a whole, a state appeals court ruled Friday.

  • February 20, 2020

    Delaware Bench Balance Rule Is 'Offensive,' High Court Told

    An attorney challenging Delaware's judicial political parity rule told the U.S. Supreme Court on Thursday that a provision of the state constitution requiring equal representation of parties on the bench is "offensive to the First Amendment."

  • February 20, 2020

    3rd Circ. Affirms Marketer In Wage Suit Counts As Employee

    A split Third Circuit on Thursday affirmed that a fired Pennsylvania marketing worker hired as an independent contractor to promote a trio of roofing companies was actually an employee under state law and is entitled to damages on his wage claims.

  • February 20, 2020

    3rd Circ. Blasted For Not Booting Judge From Ex-Clerk's Case

    A Pennsylvania woman waging a decadeslong battle with environmental regulators over wetlands on her property blasted the Third Circuit's curt refusal to boot the case's judge from the matter, arguing that a panel didn't even say why the jurist should stay put despite the fact that her ex-clerk is prosecuting the matter.

  • February 20, 2020

    Patients Can't Revive RICO Claims Against Insulin Makers

    Diabetes patients fell short Thursday in their renewed bid to pursue Racketeer Influenced and Corrupt Organizations Act claims against Novo Nordisk, Sanofi-Aventis and Eli Lilly and Co. for allegedly causing them to overpay for insulin medication after a New Jersey federal judge said the consumers could not seek an injunction under the statute.

  • February 20, 2020

    Ex-NJ Pol Gets 2nd Shot At Pension After Corruption Plea

    A New Jersey appeals court on Thursday revived a former politician's push to collect a pension, ruling that a corruption charge stemming from his position as Jersey City council president doesn’t necessarily bar him from collecting benefits earned through other public jobs.  

  • February 20, 2020

    Levi & Korsinsky Can't Resume As Counsel In Honeywell Suit

    A New Jersey federal judge on Thursday refused to change his ruling to replace securities class action firm Levi & Korsinsky LLP with Kahn Swick & Foti LLC as lead counsel in a stock-drop suit against Honeywell International Inc., because he would have had to take privileged information into consideration.

  • February 20, 2020

    Call Center Workers Win Cert. In NJ Wage Fight

    Intelenet America LLC call center employees won conditional certification of their wage-and-hour lawsuit Wednesday when a New Jersey federal judge found that the workers' pay records, statements and other documentation were enough to show they were exposed to the same alleged wrongdoing.

  • February 19, 2020

    Cognizant Pushes Chancery To Scrutinize Ex-Officer's Fee Bid

    Legal bills for a former high-ranking Cognizant Technology Solutions Corp. officer facing federal charges in an alleged bribery scheme over the construction of an office campus in India seem significantly "inflated" and should be reviewed before Cognizant is ordered to pay them, the IT company told the Delaware chancellor Wednesday.

  • February 19, 2020

    'Vague' Fee Entries Targeted In Boston Scientific FCA Suit

    A New Jersey federal judge said whistleblowers’ lawyers should get about $2 million less than the roughly $7.6 million in attorney fees and costs they want from Boston Scientific after settling a False Claims Act suit, citing vague billing entries for hundreds of hours spent “reviewing documents.”

  • February 19, 2020

    IQVIA Calls For Sanctions After Docs 'Magically Disappeared'

    Life sciences data giant IQVIA told a New Jersey federal court that pharmaceutical information technology company Veeva Systems destroyed evidence of its trade secrets theft and then lied about it, calling for sanctions that would end dueling claims in a simmering dispute.

  • February 19, 2020

    Law Firm Leaders: Genova Burns' Angelo Genova

    New Jersey-based Genova Burns has grown from three lawyers when it was founded in 1989 to approximately 70 attorneys in six offices today. Here, Angelo Genova chats with Law360 about his goals for the practice, his admiration for Abraham Lincoln, and the similarities between his firm and the New York Yankees' Triple-A affiliate.

  • February 19, 2020

    3rd Circ. Calls Amazon '8,000-lb. Gorilla' In Seller Liability Row

    The Third Circuit on Wednesday hesitated to let Amazon Inc. escape so-called seller liability for defective products sold through its website, with one judge likening the company's role to "an 8,000-pound gorilla" in the marketplace.

  • February 19, 2020

    Uber Asks 3rd Circ. To Drive Out Wheelchair Users' ADA Suit

    Uber Technologies Inc. urged the Third Circuit to toss a proposed class action by Pittsburgh-area wheelchair users who claimed the ride-hailing company violates federal disability law, arguing that they don’t have grounds to sue because they never used or downloaded the app.

  • February 19, 2020

    States Sue Again To Force EPA's Hand On Ozone Pollution

    Five East Coast states want the EPA to start holding states accountable for letting ozone emissions blow across borders and hurt air quality in neighboring jurisdictions, according to a lawsuit filed Wednesday in New York federal court.

  • February 19, 2020

    NJ Golf Club Gets 2nd Chance To Shield Park Project Info

    A PGA Tour-affiliated golf club in New Jersey escaped a trial court ruling directing the business to disclose its bid to develop an area of a state park, after a state appellate panel said Wednesday the company may be entitled to have some of the material redacted.

Expert Analysis

  • And Now A Word From The Panel: MDLs Continue To Thrive

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    The Judicial Panel on Multidistrict Litigation created fewer new MDLs last year than the year before, but this belies an overarching storyline of growth — with proceedings encompassing over 130,000 individual actions pending at year's end, says Alan Rothman of Sidley.

  • Rebuttal

    AI Can't Accurately Predict Case Length And Cost — Yet

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    A recent Law360 guest article argued that artificial intelligence can precisely estimate the length and cost of a new case, but several limitations will likely delay truly accurate predictions for years to come, says Andrew Russell at Shaw Keller.

  • EEOC Policy Change Clashes With Challenges To Arbitration

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    Although the U.S. Equal Employment Opportunity Commission’s recent retraction of a policy that opposed mandatory arbitration agreements for worker discrimination claims aligns with U.S. Supreme Court precedent, it doesn’t address resistance to arbitration in new state laws or in the wake of #MeToo, says Mauro Ramirez at Fisher Phillips.

  • What Health Care FCA Trends Tell Us About The Year Ahead

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    The U.S. Department of Justice showed more initiative in directly bringing health care-related False Claims Act cases despite a decrease in qui tam filings last year, and as scrutiny of the industry continues to rise, several sectors deserve to be watched carefully this year, say attorneys at Epstein Becker.

  • Consumer Finance Poised For Greater Scrutiny From States

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    As state-level regulators step up consumer finance oversight to fill the void created by more restrained federal regulation in this area, financial institutions should keep an eye on developments and agencies in several key states, say attorneys at Hogan Lovells.

  • Lawyers Can Build Trust Through The Spoken Word

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    As attorneys, we may prefer the precision of written communication, but a phone call or an in-person conversation builds trust by letting others see and hear our authentic selves, rather than something constructed or scripted, says mediator Sidney Kanazawa of ARC.

  • Fed. Circ. Instructive On Transitional Phrases In Patent Claims

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    Two recent Federal Circuit decisions construing Actavis' and Amgen's drug patent claims provide key guidance for practitioners on using transitional phrases to avoid rendering a claim indefinite or opening a it up to a prior art attack, say attorneys at Morgan Lewis.

  • Universities Shouldn't Roll Dice On Sports Betting Compliance

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    As states across the U.S. legalize sports betting, universities must be willing to amend their compliance programs to protect their institutions, student-athletes, athletic conferences and the integrity of games, say attorneys at Cadwalader.

  • Opinion

    Legal Prediction Is Demanding But Not Impossible

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    The New Jersey Supreme Court’s recent decision in Balducci v. Cige incorrectly concluded that predicting the length and cost of a case is nearly impossible, and overlooked artificial intelligence's ability to do so, says Joseph Avery with Claudius Legal Intelligence.

  • Ruling On FERC’s Tolling Orders Could Slow Pipelines

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    If the D.C. Circuit reins in the Federal Energy Regulatory Commission’s use of tolling orders — which delay court challenges to FERC directives — landowners might be gratified, but interstate pipeline construction projects could face added delays, says Richard Drom of Eckert Seamans.

  • How Cos. Can Prepare For Heartburn Drug Cancer Claims

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    As legal claims mount following the U.S. Food and Drug Administration's recent announcement that traces of a carcinogen were found in a common antacid medication, companies that act soon have the best chance to shape the arc of litigation, say Michael Tanenbaum and Kelly Belnick of Tanenbaum Keale.

  • What Cos. Need To Know About New Washington Privacy Bill

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    Companies should attend to the nuances of the latest version of the Washington Privacy Act, which departs from the California Consumer Privacy Act in several key areas, say attorneys at Husch Blackwell.

  • FERC Issues For Natural Gas Cos. To Watch In 2020

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    The Federal Energy Regulatory Commission's use of tolling orders, its position on eminent domain authority and its makeup after the presidential election could have a big impact on participants in interstate natural gas pipeline and liquefied natural gas projects this year, say attorneys at K&L Gates.

  • Malpractice Landscape Is Becoming Riskier For BigLaw

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    A recent survey of lawyers’ professional liability insurers revealed an increase in malpractice claims against law firms, suggesting clients will demand more accountability in the coming decade, say Gerald Klein and Amy Nguyen at Klein & Wilson.

  • Perspectives

    Book Review: A Lawyer Reflects On Defending Guilty People

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    In her new book, "Guilty People," Abbe Smith successfully conveys that seeing ourselves in people who commit crime may be the first step to exacting change in our justice system, says U.S. District Judge Diane Humetewa of the District of Arizona.

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