New Jersey

  • April 09, 2020

    Shuttered Apex Parks Chain Opens Ch. 11 Hoping To Sell

    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.

  • April 08, 2020

    Scores Fight White House In Birth Control Case At High Court

    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.

  • April 08, 2020

    Bad Jury Instructions Prompt NJ Bicyclist Injury Retrial

    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.

  • April 08, 2020

    NJ Court Affirms Broker's $12M Loss Over Coverage Advice

    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.

  • April 08, 2020

    Fed Circ. Revives Mylan Bid To Invalidate Relistor Patent

    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.

  • April 08, 2020

    Pa. Officials Tell Airbnb, Expedia To Enforce Virus Rental Ban

    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.

  • April 08, 2020

    NY AG Seeks Additional Sackler Family Financial Info

    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.

  • April 08, 2020

    NJ Governor's Chief Counsel Tests Positive For COVID-19

    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.

  • April 08, 2020

    J&J Unit Beats Suit Over Defective Breast Implants

    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.

  • April 08, 2020

    Taco Bell Beats Fraud Suit Over $5.99 Chalupa Cravings Box

    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.

  • April 08, 2020

    Stylists Say Salon Chain Withheld Pay After COVID-19 Closure

    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.

  • April 08, 2020

    Firm Beats Malpractice Suit Over Atty's Failed NJ Lounge

    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.

  • April 07, 2020

    Cahill Gordon Suspends 2020 Summer Associate Program

    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.

  • April 07, 2020

    Pentax Reaches $43M DOJ Deal Resolving Scopes Charges

    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.

  • April 07, 2020

    Coronavirus Regulations: Week In Review State By State

    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.

  • April 07, 2020

    Sun Pharma Must Face Celgene’s Suit Over Generic Revlimid

    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.

  • April 07, 2020

    Drug Buyers Cut New, Smaller Antitrust Deal With Celgene

    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.

  • April 07, 2020

    Hess Can't Shake Claim Over Pollution At NJ Oil Refinery

    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.

  • April 07, 2020

    Chancery Bars Port Owner From Blocking Gas Tank Access

    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.

  • April 07, 2020

    Telework Due To COVID-19 Spawns Employer Nexus Worries

    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.

  • April 06, 2020

    Aurobindo, Heritage Accused Of Hiding Drug Contamination

    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.

  • April 06, 2020

    Firm Cost-Cutting Has GCs Watchful But Not Worried — Yet

    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.

  • April 06, 2020

    3rd. Circ. Says Press Release Didn’t Defame Pharma Co.

    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.

  • April 06, 2020

    2020 Law School Grads Can Start Practicing Right Away In NJ

    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.

  • April 06, 2020

    Catalent Must Face Fired Worker's Suit Over False Records

    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.

Expert Analysis

  • How State Price-Gouging Laws Apply To Wholesalers

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    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.

  • Conducting Court Hearings Remotely: 12 Considerations

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    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.

  • An Early Look At DOJ's Increased Focus On COVID-19 Fraud

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    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.

  • The Era Of Video Mediation Is Here — Or Is It?

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    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.

  • COVID-19 Highlights BigLaw Need For Emotional Intelligence

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    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.

  • Perspectives

    States Must Toll Court Deadlines To Ensure Access To Justice

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    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.

  • Will COVID-19 Transform The Cannabis Industry?

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    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.

  • Opinion

    FTC Should Leave Regulation Of Noncompetes To States

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    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.

  • Benefits Of Pandemic-Prompted Court Extensions Are Limited

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    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.

  • Opinion

    Judicial Shaming Of Attys Is Troubling Even During Pandemic

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    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.

  • Should States Force Property Insurers To Cover Virus Losses?

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    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.

  • Don't Be Social Media Distancing: LinkedIn Tips For Lawyers

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    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.

  • 'Prompt Pay' For Construction May Still Apply Amid COVID-19

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    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.

  • How COVID-19 Will Affect DOJ’s White Collar Enforcement

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    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.

  • Justices' Citgo Ruling Offers Shippers Contractual Clarity

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    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.

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