New Jersey

  • March 05, 2021

    Zillow Beats Antitrust Suit Over Broker Collusion, For Good

    A New Jersey federal judge said a company won't get another opportunity to pursue antitrust claims that Zillow prominently displayed market value estimates that are lower than asking prices for some listings but not others, saying the business failed to tie such conduct to its inability to sell a Garden State mansion.

  • March 05, 2021

    Baseball Team Cries Foul On Bid To Toss Virus Coverage Suit

    The West Michigan Whitecaps minor league baseball team shot back at Federal Insurance Co.'s bid to strike out a lawsuit over the denial of coverage for COVID-19 losses, saying Thursday that the virus rendered its ballparks unusable last spring.

  • March 05, 2021

    NJ High Court OKs Return Of In-Person Jury Trials In May

    Juries could be returning to New Jersey courtrooms as early as May 17 after the state's Supreme Court authorized the summoning of in-person panels.

  • March 04, 2021

    Insurer Seeks $3M Aid In NJ Devils Arena Personal Injury Suit

    The insurer for Prudential Center says two Liberty Mutual units owe $3 million for the defense of a personal injury lawsuit brought by an electrician's apprentice who fell while pulling wire at the New Jersey Devils' hockey arena, according to a suit in Garden State federal court.

  • March 04, 2021

    NJ Nursing Homes Want To Toss Claims Over Virus Protocol

    A New Jersey nursing home operator urged a federal court to toss a proposed class action over its allegedly poor treatment of residents before and during the COVID-19 pandemic, arguing Wednesday that state and federal law insulates the operator from the claims.

  • March 04, 2021

    Alleged Charity Robocall Scammers Cut $110M FTC Deal

    Telemarketers behind an alleged massive robocall scheme cut deals totaling $110 million to resolve allegations by the Federal Trade Commission and dozens of states they bombarded 67 million consumers with 1.3 billion deceptive charitable fundraising calls, according to documents filed in Michigan federal court Wednesday.

  • March 04, 2021

    3rd Circ. Backs BNY Firing Worker For Violent Facebook Post

    The Third Circuit on Thursday upheld a ruling that BNY Mellon was legally justified in firing an employee who in a Facebook comment suggested driving a bus through a crowd of people protesting a police-involved shooting in East Pittsburgh.

  • March 04, 2021

    3rd Circ. Won't Vacate Woman's $1.2M Malpractice Settlement

    The Third Circuit has again rejected a Philadelphia woman's yearslong bid to undo a $1.2 million medical malpractice settlement with the federal government she agreed to in 2012, letting stand a district court's decision to enforce the deal.

  • March 04, 2021

    NJ Firm Accused Of Unlawfully Trying To Collect On Debt

    A New Jersey consumer has filed a proposed class action against Faloni Law Group LLC, claiming the firm worked on behalf of a debt collector that was not registered in the Garden State.

  • March 04, 2021

    'Discovery War' Revealed In Insurer's Contract Row With UBS

    An unsealed document has revealed a fierce discovery fight in UBS Financial Services Inc.'s contract lawsuit against Ohio National Life Insurance Co., with the insurer seeking to revive its sanctions bid over document requests that UBS says are justified.

  • March 05, 2021

    Business Suits Over COVID Rules Likely To Fail, But Not Slow

    The many constitutional challenges to coronavirus restrictions that businesses have launched are unlikely to succeed, but their proliferation worries public health law experts, who say more are coming and even those that fail can undermine public health measures, now and for future pandemics.

  • March 03, 2021

    NY Hospital Fights Subpoena In Health System Merger Row

    New York City's Hospital for Special Surgery urged a New Jersey federal court to quash a subpoena it received over a New Jersey health system antitrust row it's not involved in, arguing it shouldn't be forced to share its records because it doesn't compete with the companies involved.

  • March 03, 2021

    AGs Want Quick Appeals On State Boards' Antitrust Immunity

    State entities must be able to immediately appeal when they're denied immunity from antitrust litigation, nearly two dozen state attorneys general told the U.S. Supreme Court, backing a petition from the Louisiana Real Estate Appraisers Board.

  • March 03, 2021

    Okla. Seeks 19-Year Extension To J&J $465M Opioid Judgment

    Oklahoma has urged the state Supreme Court to reject Johnson & Johnson's appeal of a $465 million judgment for its role in creating an opioid addiction epidemic and asked the high court to extend the company's one-year abatement plan to 20 years.

  • March 03, 2021

    J&J Blasts 'Tainted Process' In Imerys Ch. 11 Case

    Johnson & Johnson has told a Delaware bankruptcy court that talc supplier Imerys Talc America is engaging in unfair Chapter 11 maneuvers aimed at shielding its parent company from liability for talcum powder cancer claims and saddling the pharmaceutical giant with the bill.

  • March 03, 2021

    Abbott Labs Sales Director's Age Bias Case Teed Up For Trial

    A former Abbott Laboratories sales director who says age bias was behind his ouster will get his day in court, a New Jersey federal judge has ruled, finding that a jury could conclude the rationale the health company gave for his termination was a smokescreen.

  • March 03, 2021

    Real Estate Rumors: Elion, Tocco, Dalfen Industrial

    Elion Partners has reportedly paid $29.7 million for a New Jersey industrial property, investors John Tocco and Ricky Beliveau are reportedly hoping to build a 21-story residential tower in Massachusetts, and Dalfen Industrial is said to have paid $19.5 million for at least 76 acres of land near Nashville's airport.

  • March 03, 2021

    Faegre Drinker Hit With NJ Malpractice Suit Over A&P Deal

    Faegre Drinker Biddle & Reath LLP was hit with a legal malpractice suit by a developer alleging the firm didn't warn him about the risks of investing $2.2 million in an A&P supermarket property, only to have the grocery chain become insolvent and stop paying rent.

  • March 02, 2021

    After J&J-Merck Deal, Biden Vows Vaccines For All By May 31

    President Joe Biden said Tuesday that a manufacturing partnership between Johnson & Johnson and Merck, arranged by activating the Defense Production Act, will boost coronavirus vaccine supplies enough by the end of May to jab every U.S. adult.

  • March 02, 2021

    States, Greens Slam Stay Bid In Auto Emissions Challenge

    The Biden administration should not be allowed to pause litigation over Trump-era vehicle emissions standards because the harm caused by the regulations must be addressed as soon as possible, environmental groups and a coalition of states and local governments told the D.C. Circuit Monday.

  • March 02, 2021

    DC Circ. Backs FERC's Cost Division For $275M Power Project

    The D.C. Circuit on Tuesday upheld federal energy regulators' decision to walk back their approval of a formula to allocate the costs of a $275 million transmission line project in New Jersey after finding it unfairly saddled Delaware and Maryland ratepayers with most of the bill despite the project not meaningfully benefitting them. 

  • March 02, 2021

    Hospital Groups Want To Join Fight Over Drug Discount Rule

    A bevy of hospital trade groups asked a New Jersey federal court Tuesday if they can intervene in lawsuits brought by Sanofi-Aventis and Novo Nordisk challenging the U.S. Department of Health and Human Services' view that drugmakers must give discounts to pharmacies serving low-income areas.

  • March 02, 2021

    J&J Urges High Court To Nix $2.1B Talc Verdict

    Johnson & Johnson petitioned the Supreme Court Tuesday to undo a $2.1 billion verdict against it in a case alleging asbestos in its talc products gave users ovarian cancer, saying the Missouri state court stacked the deck against it by lumping together 22 disparate plaintiffs in the same suit.

  • March 02, 2021

    House Dems Unveil Plans For Net-Zero Emissions By 2050

    House Democrats on Tuesday unveiled a sweeping climate change plan, proposing to eliminate the nation's greenhouse gas emissions by 2050, relying in part on a dramatic transition to 100% clean energy in the power sector in just 15 years.

  • March 02, 2021

    NJ County Asks 3rd Circ. To Ax Immigrant Info-Sharing Curbs

    A New Jersey county urged the Third Circuit to nix a state policy restricting the information it can share with U.S. Immigration and Customs Enforcement, saying the directive illegally "frustrates" local officials' compliance with federal immigration enforcement actions.

Expert Analysis

  • Ethics Tips For Attorneys Telecommuting Across State Lines

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    Attorneys working remotely from jurisdictions in which they are not admitted should take precautionary steps to avoid engaging in unauthorized practice of law, say John Schmidt and Michael Seaman at Phillips Lytle.

  • 6 Ways Legal Employers Can Help Pandemic-Weary Parents

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    Parenting during the pandemic has introduced a series of competing personal and professional obligations for attorneys and professional staff, and even organizations that are supportive of their parent employees can take steps to do better, says Meredith Kahan at Saul Ewing.

  • Questions Loom About DOJ Dismissal Power In FCA Suits

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    The Second Circuit's recent decision to grant a U.S. Department of Justice motion to dismiss a False Claims Act suit, without weighing in on the standard for assessing the agency’s decision, illustrates a significant trend, given an increase in agency dismissals and the expected uptick in FCA cases amid the pandemic, say attorneys at Baker Botts.

  • Republican AGs Likely To Challenge Biden On Multiple Fronts

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    During recent presidential administrations, state attorneys general have challenged federal regulations and obtained nationwide injunctions against executive orders — and there is every reason to believe that Republican attorneys general will continue this trend, resisting Biden administration efforts on climate change, health care, immigration and more, say attorneys at Troutman Pepper.

  • 3 Degrees Of Legalization Show True Prevalence Of Cannabis

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    The three degrees of state marijuana legalization regimes throughout the U.S. show that cannabis is only fully illegal in three U.S. states and one territory — not 14 states as some counts indicate — and even in those places, there are stirrings of change, says Julie Werner-Simon at Drexel University's Thomas R. Kline School of Law.

  • Remote Working Tips For Lawyer Trainees And Their Firms

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    The prospect of joining a law firm during the pandemic can cause added pressure, but with a few good practices — and a little help from their firms and supervising attorneys — lawyer trainees can get ahead of the curve while working remotely, say William Morris and Ted Landray at King & Spalding.

  • Obtaining General Jurisdiction Over Out-Of-State Insurers

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    A series of recent court decisions illustrate the challenges of litigating against insurers in a state where neither party resides, and demonstrate alternate means of securing jurisdiction, says Richard Mason at MasonADR.

  • What Biden's Ethics Pledge Means For Gov't Revolving Door

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    Attorneys at Nossaman look at how President Joe Biden’s ethics pledge goes beyond those of his predecessors by imposing post-employment shadow lobbying and golden parachute restrictions on his administration’s appointees — and how a House bill proposing expansion of federal ethics law could affect enforcement.

  • Opinion

    Punishing Bar Exam Policies On Menstrual Products Must Go

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    Law graduates across the states are sitting for the grueling two-day bar exam this week despite menstruation-related barriers, such as inadequate menstrual product and bathroom access, which could be eradicated with simple policy tweaks, say law professors Elizabeth Cooper, Margaret Johnson and Marcy Karin.

  • EPA Hazardous Pharma Waste Rule Has Wide Reach

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    The U.S. Environmental Protection Agency's soon-to-be-effective rule on hazardous waste pharmaceuticals may seem only relevant to health care entities, but its sweeping definitions could cover any business that dispenses over-the-counter medicines, say Andrew Stewart and Anushka Rahman at Sidley Austin and Renée van de Griend at Ramboll.

  • It's Time For Law Firms To Start Loving And Leveraging Data

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    The volume and diversity of data managed by law firms today — from client files to internal financial records — may seem daunting, but when properly organized, good data can help practitioners stay competitive by providing sharper insight into firm resources and cost of work, say Jaron Luttich and Barry Wiggins at Element Standard.

  • Keys To Protecting Clients During Law Firm Dissolution

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    Whether a law firm dissolution is amicable or adversarial, departing attorneys should take steps to maintain their legal and ethical responsibilities toward clients, and beware client confidentiality pitfalls when joining new firms, say John Schmidt and Colin Fitzgerald at Phillips Lytle.

  • How Case Management Orders Can Support New Attorneys

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    Courts are leading the way in ensuring oral argument opportunities for newer attorneys by incorporating innovative language in a variety of orders, and private parties can and should follow suit by incorporating similar language into case management orders, say Megan Jones and Halli Spraggins at Hausfeld.

  • An In-House Counsel's Guide To Better Work Management

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    Amid economic uncertainty and increasing pressure on corporate legal departments to do more with less, work management processes should be aimed at tracking legal teams' every contribution, including routine matters that can be reallocated to nonlegal staff, says Aaron Pierce at LexisNexis CounselLink.

  • Opinion

    Justices Should Weigh In On FCA Objective Falsity Standard

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    At its conference on Friday, the U.S. Supreme Court should agree to hear U.S. v. Care Alternatives and Winter v. Gardens Regional, so it can clarify that the False Claims Act's “objective falsehood” requirement does not preclude ever finding a subjective judgment or opinion false, says Nicholas Danella at Bradley Arant.

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