New Jersey

  • May 13, 2021

    Ex-CEO Must Face Charges In NJ Bank Fraud Scheme

    A New Jersey federal judge has refused to toss criminal charges that the onetime head of the now-defunct First State Bank took part in creating sham documents as part of an alleged scheme to deceive regulators and the bank about its financial health, finding that the records fell under a federal fraud statute.

  • May 13, 2021

    3rd Circ. Questions Efforts In Ex-Janitor's FMLA Suit

    The Third Circuit on Thursday questioned if either Drexel University or a fired janitor put forth enough effort to ensure the ex-employee provided the required paperwork for Family Medical Leave Act-protected absences, as the onetime maintenance worker sought to revive her lawsuit claiming she was fired despite her legal entitlement to time off.

  • May 13, 2021

    Life Sciences Software Biz Axtria Lands $150M In Funding

    Life sciences software and analytics business Axtria said Thursday it landed $150 million in funding from Bain Capital Tech Opportunities, which it will use to expand its software-as-a-service products.

  • May 12, 2021

    Medical Device Co. Sues Over Ex-Worker's Move To Medtronic

    Medical device company Flowonix Medical Inc. has accused a former sales employee of breaking a noncompete and nonsolicitation agreement when he made the move to competitor Medtronic.

  • May 12, 2021

    Ralph Lauren Loses Virus Coverage Fight With Factory Mutual

    Ralph Lauren Corp. isn't entitled to coverage for pandemic-related losses under its $700 million property insurance policy with Factory Mutual Insurance Co., a New Jersey federal judge ruled Wednesday, finding that the fashion giant hadn't specifically alleged physical loss or damage to its properties.

  • May 12, 2021

    NJ Justices Pump Brakes On County Worker's Retaliation Trial

    A split New Jersey Supreme Court ruled Wednesday that a lower court must reevaluate an ex-Cape May County worker's state law whistleblower claim relating to the county's handling of Capehart & Scatchard PA's bid for a public contract, toppling an intermediate appeals court's order that would have sent the case directly to trial.

  • May 12, 2021

    NJ Gym Slammed With Another Fine For Defying Virus Rules

    A New Jersey state court judge imposed $124,000 in additional fines on a Camden County gym that made headlines for flagrantly defying the government's COVID-19 business restrictions, ruling that the gym's social media videos showed it continued to violate orders.

  • May 12, 2021

    NJ Judge Shoots Down FCA Suit Over Lobbyist Payments

    A New Jersey federal judge dismissed a False Claims Act lawsuit against Bayada Home Health Care Inc. on Wednesday, saying it failed to make the case that the company's decision not to disclose how it paid a lobbyist when buying an Ocean City home health care agency impacted the federal government through its Medicaid and Medicare programs.

  • May 12, 2021

    BMW Germany Can't Duck Emissions Suit, But Bosch Can

    A New Jersey federal judge has kept alive claims against BMW's German parent company in a proposed class action alleging BMW collaborated with car parts maker Bosch to rig certain vehicles with emissions-cheating software but allowed Bosch's German parent company to escape the litigation.

  • May 12, 2021

    J&J Faults Doctor's Affidavits In Ga. Suits Over Cancer Deaths

    Johnson & Johnson urged a Georgia appeals court Wednesday to dismiss two nearly identical suits alleging its talcum powder products caused women's fatal ovarian cancer, saying a doctor failed in his affidavits to rule out other causes.

  • May 12, 2021

    Sky Zone Arbitration Bid Collapses Over Mom's Authority

    A New Jersey state appeals court on Wednesday said a Sky Zone trampoline park cannot use an arbitration agreement signed by the mother of a boy's friend to keep his own mother from pursuing a lawsuit in court alleging the facility's negligence caused the child to fracture his leg.

  • May 12, 2021

    House Reps Renew Bipartisan Pipeline Cybersecurity Push

    In the wake of a ransomware attack that temporarily forced the nation's largest fuel pipeline system offline, a bipartisan group of House lawmakers reintroduced multiple bills aimed at staving off similar attacks on critical energy infrastructure in the future.

  • May 12, 2021

    Purdue's Ch. 11 Confirmation Hearing Set For August

    A New York bankruptcy judge on Wednesday approved a motion setting an August date for Purdue Pharma's Chapter 11 plan confirmation hearing, assuming the drugmaker's plan disclosure statement is approved next week.

  • May 12, 2021

    High Court's Pension Ruling Is Sinking Health Plan Suits

    Employer attempts to use a 2020 U.S. Supreme Court ruling that limited litigation over pensions to also knock out 401(k) class actions have largely fallen flat, yet they are starting to see success in an unexpected context: suits over health plan management.

  • May 12, 2021

    Biden's 3rd Wave Of Judicial Picks Has 3 For Circuit Courts

    President Joe Biden tapped six women and lawyers of color for judicial spots Wednesday, including two for the Second and Tenth circuits who would become the only judges on those courts with experience as federal public defenders.

  • May 11, 2021

    NJ Farm Banned From H-2A Visa Program For 3 Years

    A New Jersey farm was barred from applying for H-2A temporary foreign worker visas for three years — the maximum penalty — after an administrative law judge found deplorable conditions at the laborers' onsite lodging. 

  • May 11, 2021

    NJ To Resume In-Person Jury Trials As Virus Trends Improve

    The New Jersey Supreme Court signed off Tuesday on holding grand jury sessions and certain criminal and civil jury trials in person starting next month amid improving public health conditions throughout the Garden State in the battle against COVID-19.

  • May 11, 2021

    Navient Can't Shake NJ Fraud Suit With Preemption Argument

    Student loan servicer Navient Corp. came up short Tuesday in trying to escape New Jersey's consumer fraud suit after a state judge knocked down the company's argument that federal law barred claims that it directed borrowers into costly forbearances and deceived others who entered into more affordable repayment plans.

  • May 11, 2021

    Hindu Org. Accused Of 'Shocking' Labor Abuses At NJ Temple

    A Hindu organization was hit with a lawsuit on Tuesday by Indian nationals who claim that religious leaders forced them into manual labor at a New Jersey temple, resulting in one death and rendering the rest captive under threats of violence.

  • May 11, 2021

    Verizon Accuses NJ Borough Of Delaying Wireless Build-Out

    Verizon Wireless filed suit against a New Jersey borough Monday, accusing it of dragging its feet on the telecommunications giant's proposal to add nearly 20 new small wireless facilities on poles along the Belmar boardwalk.

  • May 11, 2021

    Coronavirus Regulations: A State-By-State Week In Review

    COVID-19 relief efforts took the form of cash influxes announced over the past week in several states, including a $100 billion "comeback plan" for California's economy and $235 million in relief funding for small businesses in New Jersey.

  • May 11, 2021

    Unions, Pa. AG Tell High Court To Reject Review Of Fees Suit

    Several unions and the Pennsylvania Attorney General's Office have urged the U.S. Supreme Court to reject a case seeking retroactive repayment of "fair share fees" collected before the justices struck down such fees in 2018, arguing that the unions had been following state law and the legal precedent at the time.

  • May 11, 2021

    Pepsi Must Cover Med Pot Costs After NJ High Court Ruling

    A New Jersey state appeals court on Tuesday said Pepsi Bottling Group must reimburse a onetime employee for his medical cannabis costs in light of a recent state Supreme Court decision that employers can be compelled to cover those expenses despite the federal marijuana prohibition under the Controlled Substances Act.

  • May 11, 2021

    NJ Doctors Must Face Suit Over Woman's Suicide

    A New Jersey appeals court on Tuesday reinstated a lawsuit alleging that two doctors caused a woman's death by suicide by prescribing her opioids, saying the trial court applied the wrong standard in deciding to throw out the case.

  • May 10, 2021

    3rd Circ. Denies Sri Lankan Nat'l Asylum Over Persecution

    The Third Circuit on Monday refused to grant asylum to a Sri Lankan man who claims he will suffer political persecution if he has to return to his home country, finding in a precedential opinion that he hasn't shown he suffered persecution based on his Tamil ethnicity or his political opinions.

Expert Analysis

  • Uniformity Goal Eludes Defend Trade Secrets Act, 5 Years On

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    Five years after the enactment of the Defend Trade Secrets Act, work remains to be done on achieving uniformity across jurisdictions, because state law differences being imported into the DTSA are creating the same patchwork of law the act was intended to rectify, say attorneys at MoFo.

  • Judge's Rebuke Of Mass. AG Has Lessons For All Attorneys

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    A Massachusetts federal judge’s recent rebuke of the state Attorney General’s Office for refusing to respond to discovery requests in Alliance for Automotive Innovation v. Healey highlights six important considerations for attorneys who want to avoid the dreaded benchslap, say Alison Eggers and Dallin Wilson at Seyfarth.  

  • How 5-Year-Old Defend Trade Secrets Act Has Met Its Goals

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    Case law and data reveal that, five years after its enactment, the Defend Trade Secrets Act has opened up federal courts to litigants and has proven effective against extraterritorial misappropriation, while concerns about inconsistency and overuse of ex parte seizures have not borne out, say attorneys at Crowell & Moring.

  • Font Considerations To Give Your Legal Briefs An Edge

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    Following the D.C. Circuit’s recent notice discouraging use of the font Garamond in legal briefs, Jason Steed at Kilpatrick looks at typeface requirements and preferences in appellate courts across the country, and how practitioners can score a few extra brief-writing points with typography.

  • Make Profitability Management Part Of Your Law Firm Culture

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    As the legal industry continues to change in the post-pandemic world, law firms should adapt to client demands by constantly measuring and managing the profitability of their services, says Joseph Altonji at LawVision.

  • 4 Trends In Discoverability Of Litigation Funding Documents

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    Recent rulings shed light on how courts and international arbitration tribunals decide if litigation funding materials are discoverable and reaffirm best practices that attorneys should follow when communicating with funders, say Justin Maleson at Longford Capital and Michele Slachetka and Christian Plummer at Jenner & Block.

  • Cannabis Legalization's Effects On Insurance Industry

    Excerpt from Practical Guidance
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    Resolution of the legal uncertainty presented by the dueling federal and state approaches to cannabis will pave the way for legal cannabis businesses to access the insurance protections the industry needs for everything from workers' compensation to auto insurance to general liability, says Christy Thiems at the American Property Casualty Insurance Association.

  • 7 Lessons For Young Lawyers Starting Their Careers

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    This year's law graduates and other young attorneys must recognize that the practice of law tests and rewards different skills and characteristics than law school, and that what makes a lawyer valuable changes over time, says Vernon Winters, retired partner at Sidley.

  • COVID Eviction Bans May Not Continue To Survive In Court

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    State and local moratoriums against evictions during the pandemic are likely to withstand plaintiffs' constitutional challenges in the short term, but plaintiffs may start to see more success as time goes on, say attorneys at Goodwin.

  • Demystifying The Virtual Civil Jury Trial Experience

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    A year into many pandemic-induced court closures, attorneys at Dechert examine the successful transition to virtual civil jury trials in product liability cases, highlight some of the positive attributes of virtual proceedings and identify factors to consider for successfully trying cases with virtual components.

  • NJ Justices' Pregnancy Bias Ruling Expands Employer Onus

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    The New Jersey Supreme Court's recent decision in Delanoy v. Township of Ocean — that a police department’s light-duty policies violated the states’ Pregnant Workers Fairness Act — imposes significant new pregnancy and breastfeeding accommodation requirements for employers, says Jeremy Cole at Goldberg Segalla.

  • The Pandemic's Bright Spots For Lawyers Who Are Parents

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    The COVID-19 crisis has allowed lawyers to hone remote advocacy strategies and effectively represent clients with minimal travel — abilities that have benefited working parents and should be utilized long after the pandemic is over, says Chelsea Loughran at Wolf Greenfield.

  • Opinion

    Revise Mansfield Diversity Mandates To Also Benefit Veterans

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    The well-intentioned efforts and salutary purposes of the legal industry's Mansfield Rule diversity metric are tainted by the Diversity Lab initiative's omission of veterans, who are underrepresented at large law firms and entitled to advantageous treatment based on more than 200 years of public policy, says Robert Redmond at McGuireWoods.

  • AGs To Fill Void As Justices Say FTC Can't Impose Restitution

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    State attorneys general are likely to emerge as even more influential consumer protection enforcers, taking the lead in federal-state restitution partnerships, following the U.S. Supreme Court's determination Thursday in AMG Capital v. Federal Trade Commission that the FTC is not authorized to seek equitable monetary relief, say Alissa Gardenswartz and former Sen. Mark Pryor at Brownstein Hyatt.

  • 2nd Circ. Ruling May Stifle Student Loan Discharge Flexibility

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    In its recent decision in Tingling, the Second Circuit affirmed its rigorous Brunner test for discharging student loan debt in bankruptcy, which could have a chilling effect on bankruptcy courts that had been considering a more malleable approach, says Michael Herz at Fox Rothschild.

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