New Jersey

  • November 21, 2019

    Attys Duck Punitives In Row Over Ex-Client's Sex Assault Trial

    A Pennsylvania state court has blocked a man who sued his attorneys over a $3 million sexual assault verdict from seeking punitive damages, though his legal malpractice case claiming his counsel botched the case may continue.

  • November 21, 2019

    NJ Gov. Says Deal Close On Corp. Tax Incentive Programs

    New Jersey’s governor on Thursday said an agreement with the state Legislature to secure new tax incentive programs for the Garden State is close after months of negotiations and controversy over the now-expired programs.

  • November 21, 2019

    3rd Circ. Won't Rethink OK'ing Seizure Of Citgo Parent Shares

    The Third Circuit will not rehear its decision allowing Crystallex International Corp. to seize shares in Citgo's parent company to enforce an arbitral award now worth more than $1.4 billion against Venezuela, according to a Thursday order.

  • November 21, 2019

    NJ Paralegal Fraudulently Practiced Law, Appeals Court Finds

    A New Jersey paralegal is on the hook for fraud and $3,000 in damages for practicing law without a license in a client's child support dispute, a New Jersey appeals court said Thursday.

  • November 21, 2019

    Contested 9th Circ., Trial Court Picks Move Forward

    Republicans on the Senate Judiciary Committee advanced two Ninth Circuit picks Thursday despite opposition from home-state Democratic senators, while the chamber's majority leader teed up confirmation votes for eight district court nominees, including one who's drawn bipartisan opposition over her anti-abortion advocacy.

  • November 21, 2019

    3rd Circ. Nixes Ex-Atty's New Trial Bid Over Billing Scam

    The Third Circuit on Thursday shot down a disbarred immigration attorney’s bid for a new trial on charges of bilking two multinational companies out of hundreds of thousands of dollars for advertising services that were never provided, saying his purportedly newly discovered evidence would not likely lead to an acquittal.

  • November 21, 2019

    NJ Developer Can't Revive Housing Project In Zoning Suit

    A developer fell short Thursday in trying to revive its bid to construct multi-family housing in a single-family zone in Paramus, New Jersey, after a state appeals court said the company failed to show the project had to be built at that particular site.

  • November 20, 2019

    Harvest Health Walks Away From $225M Financing Deal

    Arizona-based cannabis giant Harvest Health & Recreation said Wednesday that it has walked away from a $225 million financing deal and scaled back plans to acquire cannabis licenses in several states.

  • November 20, 2019

    Canopy Hit With Shareholder Suit Over Weak Earnings

    Cannabis giant Canopy Growth was hit with a stock drop class action in New Jersey federal court Wednesday on the heels of disappointing quarterly results that included a nearly 33 million Canadian dollar ($24.8 million) restructuring charge chalked up to weak demand and glutted inventory.

  • November 20, 2019

    Zimmer Must Face Pa. Woman's Faulty Hip Implant Claims

    The Third Circuit has reversed the dismissal of a suit against Zimmer US Inc. over a woman's allegedly defective hip implant, saying it's up to a jury to decide whether she filed her claims too late.

  • November 20, 2019

    NJ Municipal Judge Reprimanded For 'Demeaning' Emails

    The New Jersey Supreme Court has reprimanded a municipal judge cited by ethics authorities for "demeaning" emails she sent to a prosecutor on New Year's Eve 2016, stopping short of harsher discipline that had been recommended by a judicial ethics panel.

  • November 20, 2019

    Avenue Stores Lender Backs Converting Case To Chapter 7

    A lender to insolvent retail chain Avenue Stores Inc. told a Delaware court Wednesday the company's bankruptcy case should be converted to a Chapter 7, saying the move would expose what it said were baseless claims against it by Avenue Stores' unsecured creditors.

  • November 20, 2019

    3rd Circ. Rejects FCC's Rehearing Bid In Media Rules Case

    The Third Circuit on Wednesday rejected the Federal Communications Commission’s request to rehear a court order requiring the agency to rework some of its media ownership rules.

  • November 20, 2019

    Judge Facing Ouster Tells NJ Justices To 'Do The Right Thing'

    A New Jersey state judge has implored the State Supreme Court to “do the right thing” and reject an ethics panel’s recommendation to oust her over her purported failure to notify police about her then-fugitive boyfriend’s whereabouts, saying her removal would be unduly harsh and unconstitutional.

  • November 20, 2019

    Auto Insurer Med Exam Requirement Not OK, Pa. Justices Say

    Auto insurer requirements that policyholders undergo potentially unlimited medical exams by company-selected physicians to preserve their benefits have no place in Pennsylvania, the state's Supreme Court said Wednesday.

  • November 20, 2019

    NJ Builder Wins Bid To Halt Deal Amid Redevelopment Push

    The New Jersey state appeals court affirmed a win for a shopping center developer seeking to delay the real estate closing date for the project, ruling Wednesday that governmental red tape and a pending lawsuit justified pausing the sales contract.

  • November 20, 2019

    Atty Can't Get NJ High Court To Take On Malpractice Ruling

    A New Jersey attorney has failed to convince the state Supreme Court to take a closer look at an appellate decision upholding a malpractice ruling against him for not advising a client about personal injury protection coverage related to a car crash suit.

  • November 19, 2019

    NJ Justices Doubt Jenny Craig Arbitration Clause Falls Short

    The New Jersey Supreme Court on Tuesday pounced upon a former Jenny Craig Inc. employee's claim that her workplace arbitration agreement wasn't enforceable since it didn't explain the logistics for out-of-court claims, with the justices repeatedly pointing out that the mechanism is already spelled out in a state law.

  • November 19, 2019

    NJ High Court Challenges Lack Of Affidavit In Med Mal Suit

    The New Jersey Supreme Court on Tuesday challenged a couple's assertion that they didn't need to submit an expert affidavit over claims hospital nurses did not take any action when a tube placed in a woman became dislodged, questioning whether a doctor's order to insert the tube remained in effect.

  • November 19, 2019

    House Dems Press Pai On Tribal Spectrum Restrictions

    Five House Democrats questioned FCC Chairman Ajit Pai on Tuesday about why his agency is seeking to reduce the amount of time Native American tribes have to claim spectrum licenses that are being temporarily reserved for them, saying accelerating the deadline would hurt the FCC’s goal of encouraging tribal participation in a planned airways giveaway.

  • November 19, 2019

    Grid Policy Shuts Out Offshore Wind Lines, FERC Told

    A power line developer on Monday told the Federal Energy Regulatory Commission that regional grid operator PJM Interconnection wrongly bars transmission projects serving planned Atlantic offshore wind farms from hooking up with the grid and could stymie the ambitious clean energy goals of coastal states.

  • November 19, 2019

    Judge 'Not Proud' Of Discourteous Emails, NJ Justices Hear

    A New Jersey city judge facing ethics charges over a tense New Year’s Eve email exchange with a prosecutor told the state Supreme Court on Tuesday that she wasn’t proud of her conduct, painting a stark contrast to her characterization in the ethics complaint as a demeaning jurist.

  • November 19, 2019

    NJ Justices Skeptical Of Ford's Bid To Duck Asbestos Ruling

    The New Jersey Supreme Court on Tuesday challenged Ford Motor Co.'s stance that it should not be held liable for asbestos-containing replacement parts the company didn't build or distribute, stressing that the automaker originally sold vehicles with similarly contaminated components.

  • November 19, 2019

    Ex-Reed Smith Paralegal Can Avoid Appeal Costs In Bias Suit

    A New Jersey federal judge reversed course Monday and held that a former Reed Smith LLP paralegal doesn't need to pay her appeal costs upfront in her age and racial discrimination suit against the firm, after she submitted additional information indicating that her liabilities substantially outweigh her monthly income.

  • November 18, 2019

    Court Rejects $100M Cap On NJ Transit's Sandy Coverage

    A New Jersey appeals court on Monday affirmed that a $100 million cap for flood losses doesn’t apply to New Jersey Transit Corp.'s claim for coverage of Superstorm Sandy damage, agreeing with a lower court that the transportation system can pursue up to $400 million from a group of excess insurers.

Expert Analysis

  • Secured Creditor Duties Ripe For High Court Consideration

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    If certiorari is granted in the Seventh Circuit's Chicago v. Fulton case, the U.S. Supreme Court will have the opportunity to resolve the growing circuit split over the Bankruptcy Code’s automatic stay on creditors concerning turnover of a debtor’s impounded vehicle, say Alexandra Dugan and Elizabeth Brusa of Bradley Arant.

  • Will College Athletes Be Deemed Employees Soon?

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    In light of the NCAA's recent proposed rule change on student-athlete compensation, and state and federal legislative developments in this area, people are again questioning whether student-athletes should be considered employees of the universities for whom they serve as a major revenue stream, says Sara Moore of Nemeth Law.

  • How To Hire Lateral Partners More Effectively

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    Although lateral partner hiring is the preferred method of inorganic growth among law firms, the traditional approach to vetting does not employ sufficient due diligence by the hiring firm, says Michael Ellenhorn at executive search firm Decipher Competitive Intelligence.

  • NJ Tax Talk: Benefits Case Advances Spousal Liability Relief

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    Under New Jersey law a taxpayer is liable for a spouse’s understatement on a joint return, but a recent U.S. Tax Court opinion offers hope that innocent spouse relief may become available as a court-fashioned remedy, say Jennifer Lota and Melanie Lupsa of Cole Schotz.

  • How Increased Stays Pending IPR May Affect Venue Choice

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    A little over one year after the U.S. Supreme Court’s decision in SAS Institute v. Iancu, data show a 5% increase in district court-granted stays of litigation pending inter partes review, and the grant rate disparities may influence new patent filings toward certain venues and defendants facing patent infringement claims toward others, say attorneys at Armond Wilson.

  • 4 Months After Kisor V. Wilkie, Auer Deference Survives

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    Recent federal appellate and district court rulings suggest that the predicted radical curtailing of Auer deference in the wake of the U.S. Supreme Court's decision in Kisor v. Wilkie has not come to fruition, say Jeffrey Karp and Edward Mahaffey at Sullivan & Worcester.

  • Can State Laws One-Up SEC’s Regulation Best Interest?

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    Because the U.S. Securities and Exchange Commission has punted on whether Regulation Best Interest will preempt state broker-dealer conduct standards, state laws may face challenges under the doctrines of conflict preemption, as well as limitations from the federal securities laws, say attorneys at Williams & Jensen.

  • FERC Orders Advance Grid Operators' Energy Storage Plans

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    The Federal Energy Regulatory Commission recently approved two regional transmission organizations' energy storage proposals. But full integration of storage resources into the wholesale market will be complex — and ongoing litigation could force FERC to change its approach, say attorneys at Greenberg Traurig.

  • Texas Could Take Page From Mass.'s Judicial Selection Book

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    As Texas and other states review their judicial election processes, they would be well served by taking guidance from Massachusetts' Governor’s Council system, which protects the judiciary from the hazards of campaigning, says Richard Baker of New England Intellectual Property.

  • Federal Laws Continue To Hinder State Sports Betting Trend

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    Even as Colorado last week joined a growing wave of states legalizing sports betting, federal laws designed to assist states in gambling enforcement remain a roadblock to commonsense legislation and state cooperation in this area, says Dennis Ehling of Blank Rome.

  • Genetic Testing Gold Rush Gives Rise To Fraud Allegations

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    As Medicare payments for genetic testing rise, recent federal indictments over related fraud schemes suggest that a crackdown is already underway, says Alexander Owens of Pietragallo Gordon.

  • Series

    Judging A Book: McKeown Reviews 'Conversations With RBG'

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    Reading Jeffrey Rosen’s "Conversations With RBG: Ruth Bader Ginsburg on Life, Love, Liberty, and Law" is like eavesdropping on the author and his subject while they discuss how the restrained judicial minimalist became the fiery leader of the opposition, says Ninth Circuit Judge M. Margaret McKeown.

  • State Net

    States' Vaping Bans Face Legal Hurdles

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    With a still-developing outbreak of lung injuries linked to vaping, and e-cigarette bans in some states already blocked by courts, regulatory maneuvering over this issue is likely to be a major policy concern in the months to come, says Dave Royse of State Net Capitol Journal.

  • Developments In State Taxation Of Nonadmitted Insurance

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    Not all states have updated their direct insurance procurement tax laws to take full advantage of the Nonadmitted and Reinsurance Reform Act, diminishing their ability to tax some insurance transactions, as highlighted by the New Jersey Tax Court's recent decision in Johnson & Johnson v. Director, Division of Taxation, say Zachary Lerner and Stephen Anastasia of Locke Lord.

  • Pipeline Projects Face New Questions On Landowner Rights

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    The tension between the rights of landowners and pipeline developers has come to a head in two federal appellate courts and a Federal Energy Regulatory Commission announcement, muddling the historical clarity of Natural Gas Act eminent domain authority, say attorneys at K&L Gates.