California-based amusement park chain Apex Parks Group LLC entered Chapter 11 in Delaware with more than $100 million in liabilities, saying it would pursue a reorganization and sale of its 12-site, three state business, with secured lenders serving as a bidder-to-beat stalking horse.
Twenty states, 32 cities, 186 federal lawmakers and dozens of interest groups railed against the Trump administration’s stance in a blockbuster Affordable Care Act case Wednesday, urging the U.S. Supreme Court to strike down regulations allowing employers that oppose contraception to stop covering workers’ birth control.
A New Jersey appeals court on Wednesday upended a $1 million jury verdict in favor of a bicyclist who was severely injured after being struck by a car, saying a new trial is warranted because the jury was given faulty instructions about bicyclists' duties on the road.
A New Jersey appeals court has affirmed a large grocery store cooperative’s $12 million win against an insurance broker over coverage advice that allegedly left its stores exposed to tens of millions of dollars in Superstorm Sandy damage, saying Wednesday there was no error in a lower court’s rulings.
The Federal Circuit revived a Mylan Pharmaceuticals Inc. bid to invalidate the patent for opioid-induced constipation drug Relistor, ruling Wednesday that a lower court was too hasty in finding that the generic company failed to show the brand name drug’s formula was obvious.
Owners of short-term rental units could face enforcement action if they continue to advertise properties for rent on sites run by Airbnb Inc. and Expedia Group in violation of a statewide order shutting down non-life sustaining businesses over the COVID-19 outbreak, officials in Pennsylvania warned on Tuesday.
The New York attorney general on Tuesday asked a bankruptcy court to resume discovery into the finances of the Sackler family, who owns Purdue Pharma LP, saying that her office has already unearthed important information about money transfers the family has made.
New Jersey Gov. Phil Murphy's chief counsel Matt Platkin has tested positive for COVID-19, a Murphy representative confirmed Wednesday, hours after the governor somberly announced that the Garden State's death toll from the virus had reached 1,504.
A New York federal judge has dismissed with prejudice a woman's suit alleging that breast implants made by a Johnson & Johnson subsidiary were defective, saying she failed to link the defect with any violations of federal law.
A lawsuit by a New Jersey couple alleging Taco Bell Inc. overcharged them for food is now dead meat with a federal court's ruling that the husband and wife knew the price they were being charged and chose to pay it.
A New Jersey hair stylist has hit the Virginia-based salon chain Hair Cuttery and its parent company Ratner Cos. Inc. with a collective action, alleging it stiffed workers pay in violation of the Fair Labor Standards Act after it shut down operations due to COVID-19 in the middle of a pay cycle.
Richards Kibbe & Orbe LLP swatted away a malpractice suit from the former outside business partner of an attorney at the firm over their shuttered Jersey Shore lounge after a state appeals court found Tuesday that the lawyer’s purported misconduct was not tied to his work for the firm.
Cahill Gordon & Reindel LLP has decided to suspend its summer associate program for 2020 in response to the COVID-19 pandemic, the firm announced Tuesday though it says it will pay the associates who had been selected and will offer them full-time positions after graduation.
Pentax Medical Co. will pay $43 million to resolve criminal charges after admitting it shipped endoscopes without U.S. Food and Drug Administration-cleared cleaning instructions and failed to file timely reports on two infections associated with the endoscopes, the U.S. Department of Justice announced Tuesday.
State COVID-19 measures continue to evolve along with the pandemic's positive cases and death toll, with actions this past week that expanded Delaware's list of nonessential businesses and extended brick-and-mortar closures in Massachusetts into May. Here's a breakdown of some COVID-19-related state measures from the past week.
Sun Pharma can't get out of Celgene's suit over a proposed generic version of the blockbuster cancer medication Revlimid, even though the patents in question aren't listed in the FDA's Orange Book, a New Jersey judge ruled Monday.
Consumers, cities and union benefits are taking another shot at settling class action claims that Bristol-Myers Squibb's Celgene unit monopolized cancer drugs by proposing a pared down $34 million deal that excludes the class members whose opt outs spurred Celgene to scrap the original settlement.
Environmental regulators can pursue a common law strict liability claim against Hess Corp. over contamination at an oil refinery in New Jersey since the company was engaged in "abnormally dangerous" activities by storing and processing petroleum at the site, a state appellate panel said Tuesday in reviving that claim.
A Delaware vice chancellor temporarily barred the operator of the port of Wilmington from blocking access to fuel storage tanks after the tanks’ owner sought injunctive relief from the court after access was denied over a fee dispute.
Whether states can and will assert nexus on businesses whose employees are working remotely at home has emerged as a top concern among state tax professionals amid the COVID-19 pandemic.
Generic versions of Metformin produced by Aurobindo Pharma and Heritage Pharmaceuticals were contaminated with a possible carcinogen, according to a proposed Florida class action seeking to recover $124 million that health insurers paid for the popular diabetes drug.
Most general counsel aren't yet scared about potential disruptions to their outside counsel services, even as law firms cut staff and pay to reduce the financial impact of COVID-19. But some say their feelings could change if their key lawyers become unavailable.
A New Jersey drugmaker's defamation suit doesn't have enough evidence that a former distributor's press release, announcing a $3 million lawsuit, contained anything factually incorrect, the Third Circuit said.
Law school graduates in New Jersey can start practicing law despite postponement of the July bar exam due to the COVID-19 pandemic, the state Supreme Court announced Monday, citing the increasing need for legal services at a “critical” time.
Catalent Pharma Solutions LLC lost its bid to escape a wrongful discharge suit from an ex-director of product development at a Kentucky plant after a New Jersey federal judge said she plausibly claimed she was fired for refusing to violate a Bluegrass State law barring the falsification of business records.
In the current emergency climate caused by the COVID-19 pandemic, wholesale distributors must carefully consider state-level price-gouging statutes and should keep records of increased supplier, labor and material costs when charging more for certain goods, say Lawrence Silverman and Carmen Ortega at Akerman.
As more courts begin to explore remote hearings during the COVID-19 crisis, attorneys and courts should be aware of some of the common concerns accompanying video- and teleconferencing technology and make allowances to avoid these issues, say Attison Barnes III and Krystal Swendsboe at Wiley Rein.
As the U.S. Department of Justice shapes its ongoing criminal fraud investigations to focus on any COVID-19 components, defense attorneys will need to address the increased risks of unfair prejudice to defendants resulting from the government's public statements, say attorneys at Winston & Strawn.
Mediator Jeff Kichaven has heard from several first-chair trial lawyers and senior claims executives that they are reluctant to adopt online video mediation even during the COVID-19 crisis, and says this reluctance is grounded in reality.
The formula for making decisions at BigLaw firms has historically been rooted in IQ-based factors, but with the ongoing pandemic, lawyers and firm leaders are increasingly dealing with issues that require emotional intelligence — from establishing effective virtual offices to retaining firm morale and client confidence, say Jolie Balido and Tina van der Ven at NewStar Media.
There are several reasons why a state should consider temporarily lifting statutes of limitations during this pandemic, including protecting the rights of litigants who are vulnerable, say Adam Mendel and Rayna Kessler at Robins Kaplan.
With marijuana deemed essential in many states during the COVID-19 crisis, regulators are relaxing prohibitions on cannabis home delivery and curbside pickup services. These short-term fixes could become lasting mainstays, say attorneys at Goodwin.
If the FTC must use its rulemaking authority to regulate employee noncompete agreements, it should tread cautiously and let states make policy decisions for their citizens and economies, say Russell Beck and Erika Hahn of Beck Reed.
State and federal courts are canceling proceedings and pushing out deadlines in response to the novel coronavirus pandemic, but the relief is complex and necessarily incomplete in its power to relieve parties from jurisdictional deadlines, says Neil Lloyd at Schiff Hardin.
Judges have recently rebuked attorneys for wasting judicial resources to resolve minor issues during the COVID-19 crisis, including in a trademark lawsuit over unicorn drawings. But it is unfair to publicly flog lawyers for doing what they are trained to do, says Ronald Minkoff, chairman of Frankfurt Kurnit's professional responsibility group.
A proposed New Jersey bill requiring some commercial property insurance policies to construe the coronavirus pandemic as a covered cause of loss would likely survive a contract clause challenge, but this type of law could set a dangerous precedent, say Linda Hsu and Savannah Montanez at Selman Breitman.
While we need to be physically apart at this time, lawyers and firms should be leaning into social media to reinforce and build relationships, and help guide clients through the coronavirus crisis, says marketing consultant Stefanie Marrone.
With prompt pay laws requiring strict adherence to contractual or statutory deadlines in Pennsylvania, New York and New Jersey, property owners and contractors should exercise caution in withholding payments for construction projects that may be due during the COVID-19 pandemic, say Teri Sherman and Gaetano Piccirilli at Klehr Harrison.
To help address fraudulent conduct amid a slowing of the U.S. Department of Justice's prosecution and enforcement efforts, the Coronavirus Aid, Relief, and Economic Security Act grants the DOJ some emergency powers, subject to important limitations related to defendants' constitutional rights and public access to hearings, says James Petkun at Klehr Harrison.
The U.S. Supreme Court's recent opinion in Citgo v. Frescati provides shippers, brokers and counsel with assurance that maritime shipping contracts' safe berth clauses are an express warranty of safety, allowing future agreements to be drafted with greater certainty, say Christopher Nolan and Robert Denig at Holland & Knight.