New Jersey

  • January 17, 2020

    Word 'Or' Prompts New Trial For Ex-Jersey City Officials

    A New Jersey federal judge on Friday upended a roughly $2.1 million jury award as it relates to two former Jersey City officials, saying the word "or" in a question on the verdict sheet created ambiguity regarding their liability for allegedly assisting the city in discriminating or retaliating against an ex-police officer.

  • January 17, 2020

    Scrapped Experts Can't Return In NJ Accutane Case

    A New Jersey state appeals court refused to bring back two scrapped expert witnesses for Accutane users who claim the Hoffmann-La Roche Ltd. drug caused them to develop ulcerative colitis, ruling that state Supreme Court precedent in related Accutane litigation justified keeping their testimony out of the case.

  • January 17, 2020

    NJ Court Urged Not To Toss Suit Against Disbarred Pol

    The former running mate of a disbarred attorney and ex-New Jersey mayor who was convicted on extortion charges is urging a county court not to toss his malpractice suit against Peter Cammarano, arguing he has submitted sufficient information for the case to proceed.

  • January 17, 2020

    Blockchain Duo Accused Of $30M Investment Scheme

    Two people with a blockchain technology company were charged in New Jersey federal court Friday with duping investors about their backgrounds and business relationships to raise $30 million in cash and cryptocurrency, with prosecutors alleging one fraudster used aliases and changed his appearance to hide his criminal past.

  • January 17, 2020

    Justices Will Hear ACA Contraception Clash

    The U.S. Supreme Court on Friday agreed to examine the lawfulness of religious and moral exemptions from the Affordable Care Act’s requirement for employer health plans to cover birth control.

  • January 17, 2020

    $8B Risperdal Verdict Slashed To $6.8M

    A Philadelphia County judge agreed Friday to cut an $8 billion punitive damages verdict against a Johnson & Johnson subsidiary to $6.8 million in a landmark case over side effects associated with the antipsychotic drug Risperdal.

  • January 16, 2020

    Bridgegate's 'Commandeering Fraud' Is A Legal Neologism

    An attorney arguing the Bridgegate case before the U.S. Supreme Court coined the term "commandeering fraud" to describe what attorneys say is otherwise known as the "right to control" theory of wire fraud — a disputed doctrine that may play a role in the case's outcome.

  • January 16, 2020

    NJ Tax Break Oversight Shoddy, Needs Overhaul, Report Says

    A permissive culture of “getting to yes” plagued the New Jersey agency tasked with administering corporate state tax incentives, allowing for improper awards through deficient processes, a report released Thursday found in recommending a major overhaul.

  • January 16, 2020

    3rd Circ. Won't Revive Ex-Plant Worker's FLSA Suit

    The Third Circuit on Thursday refused to revive a former Pennsylvania industrial plant employee's suit claiming he was wrongly fired for complaining about not getting overtime pay, backing a district court finding that the suit was a bid to end-run around an unfavorable decision in another case.

  • January 16, 2020

    States Sue Trump Administration Over Food Stamp Rollbacks

    More than a dozen states filed a lawsuit against the Trump administration Thursday alleging the U.S. Department of Agriculture's food stamp rollbacks violate federal law.

  • January 16, 2020

    Prudential Misled Investors On Financial Outlook, Suit Says

    Prudential Financial Inc. was hit with a proposed securities class action Thursday in New Jersey federal court alleging the insurance giant misled investors about the company's financial health, leading them to buy stock at "artificially inflated prices."

  • January 16, 2020

    Dems Warn That Iran Could Target Telecom Networks

    Two House Democrats have warned U.S. telecom and defense agencies that the nation's communications networks may become a target for Iranian cyberattacks following the Trump administration's assassination of Iranian general Qasem Soleimani.

  • January 16, 2020

    Ticket-Fixing Ex-Judge Stripped Of NJ Law License

    The New Jersey Supreme Court on Thursday disbarred a former municipal court judge who falsified court records as part of a purported scheme to steer $600,000 in fines from Monmouth County to towns where he presided by converting motor vehicle fines to contempt of court sanctions.

  • January 16, 2020

    Loosened NJ Towing Law Doesn't Nix Old Class Actions

    The New Jersey Supreme Court on Thursday said a change to state law that lets towing companies charge fees approved by a municipality instead of only those greenlit by a state official cannot be retroactively applied to allow two towing businesses to escape proposed class actions over their fees.

  • January 15, 2020

    Liberty Aims To Preserve Win In Pharmacy's Painkiller Suit

    Liberty Mutual on Wednesday urged the Third Circuit to uphold the dismissal of a mail-order pharmacy's putative class action accusing the insurer of refusing to cover topical pain-relief creams as an alternative to more abuse-prone opioid pills.

  • January 15, 2020

    NJ Assoc. Says Tribe Can't Now Allege Conspiracy In Fed Suit

    A New Jersey homeowners association told a federal judge that the Ramapough Lenape Nation's failure to raise conspiracy claims in prior state court cases over alleged efforts to bar the tribe from conducting religious ceremonies on its land means it can't bring them in its federal lawsuit.

  • January 15, 2020

    5th Circ.'s ACA Punt Gets Lambasted At Supreme Court

    The Fifth Circuit on Wednesday came under withering fire from health care trade groups and bipartisan economic scholars at the U.S. Supreme Court for ducking a decision on the Affordable Care Act's constitutionality.

  • January 15, 2020

    J&J Can't Keep CEO Off Stand At Talc Asbestos Trial

    Johnson & Johnson on Wednesday failed to convince the New Jersey Appellate Division to let its chief executive avoid testifying at a state trial to decide punitive damages following a combined $37.3 million compensatory damages verdict over claims that four people developed mesothelioma from using the company's baby powder.

  • January 15, 2020

    FTC Tells 3rd Circ. AbbVie Pay-For-Delay Case Axed Too Early

    The Federal Trade Commission urged the Third Circuit to revive the agency's antitrust claim that AbbVie paid off Teva Pharmaceuticals to delay Teva's generic version of the testosterone treatment AndroGel, saying at oral argument Wednesday that a lower court tossed the suit before the FTC had a chance to back it up.

  • January 15, 2020

    Del. Justices Weigh If Partnership Change Kills Standing

    A partnership formed to file a drug-marketing whistleblower complaint in 2011 urged Delaware's Supreme Court Wednesday to reject drug company arguments that the replacement of one member dissolved its standing in the case, during arguments on a Third Circuit inquiry about state partnership law.

  • January 15, 2020

    3rd Circ. Slams 'Ridiculous' SEC Delay In Ex-Informant Probe

    The Third Circuit blasted the U.S. Securities and Exchange Commission's “ridiculous” delay in wrapping up its investigation into a broker-dealer and onetime government informant who beat criminal claims over a $17 million pump-and-dump scheme, as it considered Wednesday whether to revive a suit alleging the agency's probe is retaliatory.

  • January 15, 2020

    3rd Circ. Allows Reach Over Out-Of-State Parties In RICO Suit

    The Third Circuit ruled Tuesday that courts hearing racketeering cases can exercise jurisdiction over related but out-of-state parties, pulling the owners of several Delaware hotels back into a Pennsylvania-based lawsuit claiming that two former employees of a landscaping company ran a conspiracy to sabotage their own business.

  • January 15, 2020

    NJ Panel Sinks Ex-ShopRite Worker's Age Bias Appeal

    A New Jersey state appeals court on Wednesday swatted down a former ShopRite store worker’s attempt to reopen a suit accusing a grocery cooperative of not properly evaluating her age bias complaint and destroying electronic evidence after she filed suit, saying the evidence cut against her arguments.

  • January 15, 2020

    Wells Fargo Workers' Attys Get $10.5M Cut Of $35M OT Deal

    A New Jersey federal judge has approved $10.5 million in attorney fees as part of a $35 million deal to resolve a class and collective action claiming Wells Fargo & Co. didn't properly pay thousands of bank employees overtime, as well as up to $60,000 in costs.

  • January 15, 2020

    Law Firm Leaders: McCarter & English's Joseph Boccassini

    Joseph Boccassini has served as managing partner of McCarter & English since 2016 and was recently appointed for a second five-year term. Here, Boccassini chats with Law360 about his goals for the 175-year-old law firm and how he approaches his job as a law firm leader.

Expert Analysis

  • Bias Case Gives Justices Chance To Rethink Title VII

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    If the U.S. Supreme Court decides to hear Peterson v. Linear Controls, its decision could resolve a circuit split and redefine the scope of Title VII's discrimination protections, say attorneys at Sullivan & Cromwell.

  • How Associate Life Has Evolved Over The Past Decade

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    During the last 10 years, the need to embrace change was fundamental for law firms, and that change affected associates in many ways — most, but not all, for the better, says Brad Kaufman, co-president of Greenberg Traurig.

  • Where The Fight Over FTC's Enforcement Authority Stands

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    A flurry of year-end activity, including three petitions before the U.S. Supreme Court and a spate of proposed legislation, requires a recap on the current status of the debate over the Federal Trade Commission's Section 13(b) authority to obtain permanent injunctions and restitution, say John Villafranco and Khoury DiPrima of Kelley Drye.

  • Top 10 Employment Law Developments Of The Decade: Part 1

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    In the first of two articles, Barbara Roth and Tyler Hendry at Herbert Smith highlight the decade's most significant labor and employment law changes, including the U.S. Supreme Court’s 2011 decision in Dukes to raise the class certification threshold, and the spread of state and local paid sick leave laws.

  • 3rd Circ. Sheds Light On Ch. 11 Liability Release Approval

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    In Millennium Lab, the Third Circuit recently upheld the Delaware bankruptcy court's authority to approve a Chapter 11 plan containing nonconsensual liability releases, offering guidance on the factors courts may consider in deciding whether to approve them, says Jane VanLare of Cleary.

  • NY Sex Abuse Insurance Suit Showcases Possible Arguments

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    Continental Insurance's complaint against the Diocese of Buffalo in a New York state court raises almost every possible defense an insurer may have against providing coverage to a policyholder accused of sex abuse under the New York Child Victims Act, say Robert Chesler and Pamela Hans of Anderson Kill.

  • Biosimilar Patent Litigation May Be On The Rise In 2020

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    With new biosimilar applications and patent infringement complaints on the horizon, 2020 may see a rebound in patent litigation under the Biologics Price Competition and Innovation Act following a decrease last year, say Joshua Whitehill and Michael Cottler of Goodwin.

  • Series

    Judging A Book: Dyk Reviews 'Democracy And Equality'

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    In their new book "Democracy and Equality: The Enduring Constitutional Vision of the Warren Court," Geoffrey Stone and David Strauss provide valuable context for U.S. Supreme Court decisions under Chief Justice Earl Warren that have profoundly affected the country, but their overly protective attitude sometimes obscures reality, says Federal Circuit Judge Timothy Dyk.

  • 2019 Trends In DOJ Health Care Enforcement

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    Last year, opioid-related enforcement was the U.S. Department of Justice's top priority, in addition to a sustained focus on the prosecution of private individuals and data-driven identification of health care fraud, say attorneys at Mintz.

  • Reviewing 2019's White Collar Cases And Controversies

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    From the “Varsity Blues” investigation to the Mueller report, white collar criminal cases were at the forefront of the national dialogue last year. Attorneys at Keker Van Nest look back at the most significant white collar cases and trends from 2019 and highlight what to watch for in 2020.

  • State Net

    How States Are Responding To The Insulin Price Crisis

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    Increases in the need for insulin and dramatic surges in its cost have made access to the drug one of the biggest health policy issues at the state and federal level, and now state legislators are taking action to rein in prices, says Dave Royse of State Net Capitol Journal.

  • 7 Insider Tips For Working With In-House Counsel

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    For outside firms wondering how to best support busy in-house lawyers, several practices can help navigate critical legal issues and novel business challenges while strengthening the working relationship, says Virginia Hudson, associate general counsel at Capital One.

  • 50 Years Later, Interpretive Challenges Remain For RICO

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    In the 50 years since the Racketeer Influenced and Corrupt Organizations Act was passed, courts' attempts to clarify the statute have had some success, but many interpretive dilemmas remain unresolved, says Randy Gordon of Barnes & Thornburg.

  • Opinion

    States Should Not Follow ABA On Attorney Conduct Rules

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    Because the American Bar Association's new rule on diversity continues to use the Model Rules of Professional Conduct as a cultural bludgeon, states should create independent codes limited to constitutionally valid purposes of attorney regulation, says Bradley Abramson of Alliance Defending Freedom.

  • How Courts And Litigants Can Benefit From Special Masters

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    As we approach the first anniversary of the American Bar Association's adoption of guidelines for the appointment and use of special masters in civil litigation, retired U.S. District Judge Shira Scheindlin, now at Stroock, explains how special masters can help parties and courts with faster decision-making and subject matter expertise.