New Jersey

  • July 19, 2019

    J&J Still Can't Transfer 2,400 Talc Suits To Del. Fed. Court

    Johnson & Johnson lost another bid to transfer 2,400 personal injury and wrongful death suits over allegedly contaminated talc powder products to Delaware federal court on Friday, when a judge found that the company failed to prove the case is "related to" its talc supplier's bankruptcy case.

  • July 19, 2019

    Research Refutes J&J Talc Asbestos Claims, Jury Hears

    An attorney defending Johnson & Johnson against claims its talcum powder caused mesothelioma pressed an environmental health expert on Friday to acknowledge research to the contrary, highlighting for a New Jersey jury asbestos studies by scientists and the company’s sophisticated quality control and asbestos detection methods.

  • July 19, 2019

    TD Bank Wins NJ High Court Review Of Forged Checks Ruling

    TD Bank has convinced the New Jersey Supreme Court to review a ruling that a dentist may pursue a claim against the financial institution under the state's Uniform Fiduciaries Law for allowing his then-employees to fraudulently deposit into their accounts checks that were issued to him and his practice.

  • July 19, 2019

    'Conspiracy' Claim Can't Save Antitrust Case, 7th Circ. Told

    The Seventh Circuit should reject attempts to cut the legs off a rule blocking indirect purchasers from suing a manufacturer for antitrust violations, the Washington Legal Foundation told the court, which is considering antitrust claims from buyers of syringes and catheters who think they were forced to pay too much.

  • July 19, 2019

    Real Housewife Settles Pay-Seizure Suit With Vineyard Vines

    "Real Housewives of New Jersey" star Margaret Josephs has settled a New York state court lawsuit over clothier Vineyard Vines’ bid to intercept her Bravo pay to help satisfy a $610,000 federal copyright infringement judgment, a lawyer for the reality star said Friday.

  • July 19, 2019

    Former NJ Chief District Judge, 70, Dies After Cancer Battle

    U.S. District Judge Jerome B. Simandle, a former chief of New Jersey's federal bench who championed one of the nation's busiest courts amid its ongoing judicial vacancy crisis, has died at 70 after a battle with liver cancer, the Association of the Federal Bar of New Jersey and a longtime colleague said Friday.

  • July 19, 2019

    FDCPA Time Limit Is Year From Incident, Feds Tell Justices

    The federal government has urged the U.S. Supreme Court to affirm the Third Circuit’s determination that the one-year time limit for launching Fair Debt Collection Practices Act lawsuits starts when the alleged wrongdoing occurs, not when it is discovered.

  • July 19, 2019

    Ex-Merck Workers Get Green Light For $6.2M Sex Bias Deal

    A New Jersey federal judge signed off Friday on a $6.2 million settlement in a proposed class action against Merck & Co. Inc. over gender discrimination claims from female former sales representatives, saying the agreement is set to benefit roughly 3,000 class members.

  • July 18, 2019

    State AGs Urge FDA To Keep Exploring Cannabis Regulation

    Dozens of state attorneys general have told the U.S. Food and Drug Administration they support the agency’s recent push to regulate cannabis-derived products like cannabidiol, while asking it to ensure that the states maintain their roles as regulators as the market emerges.

  • July 18, 2019

    Talc Left 'Fingerprint' In Ky. Travel Agent's Lungs, Jury Hears

    A Kentucky travel agent who died of mesothelioma had a signature mix of talc and asbestos in her lung tissue traceable to talcum powder, according to evidence presented Thursday in an unusual joint trial against manufacturers Johnson & Johnson and Colgate-Palmolive.

  • July 18, 2019

    Justice Stevens Ruling Set Groundwork For US Climate Policy

    Justice John Paul Stevens' landmark decision in Massachusetts v. EPA forced the federal government to address the problem of climate change and unleashed a flood of decarbonization policies, a deluge that the Trump administration is trying to reverse.

  • July 18, 2019

    Mentor And Firebrand, NJ Judge's Formidable Style Left Mark

    The late U.S. District Judge William H. Walls broke new ground as the first African American man on New Jersey's federal bench and made his mark with wit-spiced wisdom that could leave new lawyers awestruck and seasoned counsel rattled.

  • July 18, 2019

    NJ Atty Must Face New Trial In Fraud Suit Over Estate Plan

    A New Jersey state appeals court on Thursday ordered a new jury trial over claims against a former Rabil Kingett attorney and others purportedly involved in changing the estate plan of a woman with Alzheimer's disease and dementia, saying a lower court had improperly tossed a breach of fiduciary claim against the lawyer.

  • July 18, 2019

    NJ Panel Nixes Ex-Prison Worker's $7.5M Jury Win

    A New Jersey state appeals court has axed a jury award that handed a former prison worker over $7.5 million as part of her whistleblower suit, kicking the case back to the lower court for a redo in front of a different judge.

  • July 18, 2019

    3rd Circ. Exceeded Authority In Liability Ruling, Amazon Says

    Amazon.com Inc. accused a Third Circuit panel on Wednesday of legislating from the bench when it handed down a precedent-setting decision this month finding that the online retailer could be held liable for defective products manufactured by third parties, asking for the entire court to hear the case.

  • July 18, 2019

    NJ Sports Agency, Atty Duck Suit Over Concealment Claim

    A New Jersey appellate panel on Thursday affirmed the dismissal of a suit accusing the New Jersey Sports and Exposition Authority and its then-attorney of fraudulently concealing information, which a woman claims gutted her underlying personal injury suit, with the judges saying the agency had no duty to provide that information.

  • July 18, 2019

    NJ AG Wins Bid To Pursue Superstorm Sandy Fraud Suit

    The New Jersey Attorney General's Office can pursue a consumer fraud action against a contractor over Superstorm Sandy repairs, a state appellate panel said Thursday, upending a trial court ruling that paused the suit pending the resolution of potential criminal charges against the man.

  • July 18, 2019

    NJ AG Says Online Rental Co., CEO Sold Unregistered Tokens

    New Jersey's attorney general slapped an online rental marketplace and its president with a state court suit Wednesday accusing them of selling more than $400,000 worth of unregistered securities to more than 200 investors in a so-called initial token offering.

  • July 18, 2019

    Sports Betting Case Tests Theory Of Retroactive Damages

    A New Jersey horse racetrack operator is trying to recoup from professional sports leagues some $150 million in revenue it claims to have lost while leading the successful fight to overturn the federal ban on sports betting, a case that experts say could become a model for applying damages on the basis of a change in the law.

  • July 18, 2019

    Alcatel-Lucent Can't Get Farmland Assessment, NJ Panel Says

    Alcatel-Lucent USA can’t seek a farmland assessment on a wooded portion of its North American headquarters property in New Jersey because the company did not respond to a municipal tax assessor's records request, a state appeals court ruled Thursday.

  • July 18, 2019

    Comcast Must Face Whistleblower Suit Over Balloon Fight

    A whistleblower suit that a former Comcast employee filed after a workplace fight over a popped balloon may proceed, a New Jersey appellate panel said Thursday, finding the lower court shouldn't have struck down the case based on credibility determinations without first finding facts and reaching required legal conclusions.

  • July 18, 2019

    Texas Firms Aim To Dodge NJ Pelvic Mesh Malpractice Suit

    Potts Law Firm and other Texas firms accused of improperly pocketing excessive attorney fees from roughly 1,450 pelvic mesh victims have asked a New Jersey federal court to toss a proposed class action against them, arguing the plaintiff didn't actually "sustain any damages."

  • July 17, 2019

    'May I Just Ask': Era Of Civility Passes With Justice Stevens

    Former clerks and attorneys remember Justice John Paul Stevens, who died Tuesday night at the age of 99, for his trenchant mind and his unending civility. Does his passing mark an end to an era of collegiality on the bench?

  • July 17, 2019

    Justice Stevens' Chevron Legacy Under Attack

    Justice John Paul Stevens' landmark decision in Chevron USA Inc. v. NRDC shaped the course of administrative law, and his legacy, for decades. But a recent wave of criticism shared by members of the current court threatens to erase a doctrine that has long bolstered federal regulators' sway over corporate America.

  • July 17, 2019

    'Kindness, Humility, Wisdom': Justices Remember Stevens

    A day after retired U.S. Supreme Court Justice John Paul Stevens died at the age of 99, his colleagues paid tribute to the third-longest-serving member of the high court, cherishing his devotion to public service, his kindness and his unwavering commitment to justice.

Expert Analysis

  • State Net

    A Look At How States Are Experimenting With Health Care

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    The fate of the Affordable Care Act is currently pending in federal court, but states are proceeding on the premise that the law will survive its latest legal challenge as they consider competing Democratic and Republican visions of health care, says Lou Cannon of State Net Capitol Journal.

  • 2 High Court Admiralty Cases Diverge On Common Law's Role

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    Although the U.S. Supreme Court's recent admiralty ruling in Air & Liquid Systems v. DeVries indicates success in expanding the availability of common law protections to mariners, its decision in Dutra Group v. Batterton — decided just months later — counsels that new classes of remedies will now be harder to obtain under the common law, says Brian Maloney of Seward & Kissel.

  • Opinion

    Time To Heed Justice Stevens' Criticism Of Gun Decision

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    Justice John Paul Stevens was right that the U.S. Supreme Court's 2008 gun rights decision in Heller desperately needs to be overruled, but while he viewed revision or repeal of the Second Amendment as the easier course for correction, only the court can clean up the mess it made, says Robert Ludwig​ of the American Enlightenment Project.

  • Remembering Justice Stevens As A Law Firm Leader

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    Rothschild Barry's John Coffey, who joined Justice John Paul Stevens' law firm in 1965, shares what it was like to watch Justice Stevens practice law, mentor younger lawyers and land a malfunctioning plane.

  • Keeping Conventional Power Going Until Renewables Mature

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    The U.S. Department of Energy, the Federal Energy Regulatory Commission and state regulators have a handful of tools to compel generators to delay the retirement of nuclear, coal and gas plants until greener options are more reliable, but their scope has not yet been tested in court, says Gordon Coffee at Winston & Strawn.

  • Data Analytics Decision Highlights Product Liability Questions

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    In Rodgers v. Laura & John Arnold Foundation, a New Jersey federal court recently held that a public safety assessment based on data analytics was speech rather than a product. The decision suggests that consumers led astray by analytics may want to consider remedies outside of product liability law, say Davis Walsh and Richard Beaulieu of McGuireWoods.

  • Community Solar Needs Clear, Flexible State Regulations

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    As states adopt and expand third-party solar development programs, regulators should streamline rules and avoid prescriptive requirements for developers, say Elliot Hinds and Diana Jeschke at Crowell & Moring.

  • NJ Tax Stop: Private, For-Profit Property May Be Tax-Exempt

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    Although an appeal to the New Jersey Supreme Court is pending, if the New Jersey Appellate Division's recent decision in Gourmet Dining v. Union Township stands, it may prove to be a watershed moment for property tax jurisprudence in the state by broadening the definition of "public purpose" to potentially include private, for-profit use of property, says Carl Rizzo of Cole Schotz.

  • Answers To Key Legal Finance Ethics Questions

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    While there is discussion in some quarters about new regulations on commercial legal finance, the hands-off approach taken by the majority of courts and legislatures is an implicit recognition that it is already sufficiently regulated, says Danielle Cutrona of Burford Capital.

  • Federal Agencies Need A Uniform Record-Keeping Process

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    The administrative record is very important to federal agency litigation — as showcased in last month's U.S. Supreme Court decision concerning the addition of a citizenship question to the 2020 census — yet there is no set of consistent principles to guide agencies in compiling these official records, say attorneys at WilmerHale.

  • State Net

    Local Governments Push To Regulate Public Surveillance

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    San Francisco's Board of Supervisors recently approved an ordinance banning the use of facial recognition technology by all city departments. The law is part of a growing movement among localities and states to increase oversight of the use of surveillance technologies by government entities, says Korey Clark of State Net Capitol Journal.

  • Patchwork Of Broker Conduct Regs Complicates Compliance

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    Until challenges to the U.S. Securities and Exchange Commission's newly adopted Regulation Best Interest play out in court, broker-dealers can reconcile conflicting state and federal standards of conduct by complying with the most restrictive applicable regulatory requirements, say Ghillaine Reid and Kurt Wolfe of Troutman Sanders.

  • The Role Of Dictionaries In Last Term's High Court Decisions

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    Since 32 of the 67 decisions issued by the U.S. Supreme Court during its October term cite dictionaries, it’s worth reviewing the opinions to learn which dictionaries the justices consulted and how they used them, say Bruce Wessel and Brian Weissenberg of Irell & Manella.

  • How To Evaluate The Rise In Legal Employment

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    Although the rate of employment for law school graduates — which had been falling steadily — saw a small increase over the last year, other factors, such as fewer graduates overall and potential future job growth stagnation, temper the good news for those pursuing law degrees, say Tiffane Cochran and Tyler Grimm of AccessLex Institute.

  • Revenge Porn Can Be Outlawed Under The First Amendment

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    To date, 46 states and the District of Columbia have passed needed legislation penalizing nonconsensual distribution of pornographic images of another person, but constitutionally outlawing this phenomenon is tricky and some statutes will likely be struck down, says Nicole Ligon, supervising attorney of the First Amendment Clinic at Duke Law.