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New Jersey
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March 25, 2024
NJ Justices End Suit That Alleged Fake Aeropostale Discounts
The New Jersey Supreme Court on Monday dismissed consumers' claims that the owner of several Aeropostale stores in the Garden State deceived them with phony discounts, ruling that the shoppers received the merchandise they expected despite not receiving a true price cut.
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March 25, 2024
Chiquita MDL Parties Urge Fla. Judge To Ax Trial Testimony
Parties in the multidistrict litigation against Chiquita Brands urged a Florida federal judge Monday to exclude each other's witnesses ahead of the upcoming bellwether trials, saying they were not timely disclosed and have no direct knowledge of the claims in the case.
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March 25, 2024
Rep. Kim Still Suing Over NJ Ballot Issue Post-Murphy Exit
U.S. Rep. Andy Kim, D-N.J., is not dropping his lawsuit challenging the fairness of New Jersey's layout for the primary election ballot despite the fact that his opponent for the Democratic nomination for the Senate, New Jersey first lady Tammy Murphy, ended her campaign on Sunday.
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March 25, 2024
3rd Circ. Won't Rethink AbbVie Privilege Ruling
The Third Circuit refused Monday to reconsider a ruling that found AbbVie was unable to show a lower court went against precedent or made errors when ordering the drugmaker to turn over attorney communications from a patent case allegedly meant to delay an AndroGel rival.
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March 25, 2024
Lowenstein Sandler Hires COO From Goodwin Procter
Lowenstein Sandler LLP has gained a new chief operating officer with the addition of a corporate legal pro with 25 years in the industry, 10 of which he spent as the COO at Goodwin Procter LLP, the firm announced Monday.
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March 25, 2024
'Bridgegate' Atty Among Pair Of New Arnold & Porter Partners
Arnold & Porter Kaye Scholer LLP has expanded its partner ranks with a former prosecutor in the "Bridgegate" case and a onetime environmental law practice leader at another firm moving to its New Jersey, New York and Boston offices, the firm announced Monday.
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March 25, 2024
Northwind Breaks Office Lending Drought With $65M Loan
Northwind Group announced Monday it has loaned $65 million to the new owner of a 33-story Class A office building in Jersey City, New Jersey, known as Harborside 5, marking the first office loan the private equity firm has extended in three years.
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March 22, 2024
Judge Spares No Ink In Opinion Over Investors' $2.7M Deal
A New Jersey federal judge in his first year on the federal bench has issued an exhaustive order accounting why he will "likely" approve a $2.7 million settlement between investors and executives of an electric vehicle company and grant certification to the proposed class.
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March 22, 2024
Trims Recommended In Zelle Fraud Victims' Case Against BofA
A North Carolina federal magistrate judge has recommended trimming claims in a proposed class action that alleges Bank of America NA didn't compensate for or adequately investigate scammers' unauthorized Zelle transactions despite assurances to victims who lost thousands of dollars.
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March 22, 2024
Success Unlikely For Menendez As Independent, Analyst Says
Although embattled Sen. Robert Menendez, under indictment on federal corruption charges, announced he will not run in New Jersey's Democratic primary but may seek reelection as an independent, the effort is likely to be fruitless, a Garden State political analyst said Friday.
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March 22, 2024
US Antitrust Enforcers Keep Big Tech Cases Coming
A backlash against powerful tech companies is reaching a fever pitch in the U.S., as enforcers with the U.S. Department of Justice and the Federal Trade Commission now have pending lawsuits accusing Apple, Amazon, Google and Meta of monopolizing key digital markets.
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March 22, 2024
3rd Circ. Says Tax Court Has Power To Tackle Debt Offset Case
A woman whose tax refunds were withheld by the Internal Revenue Service for five years to satisfy what the agency said was her underlying tax liability will get another chance to convince the U.S. Tax Court that the government was wrong, the Third Circuit ruled Friday.
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March 22, 2024
NJ Appeals Court Shuts Down Fired White Worker's Bias Suit
A New Jersey appeals court backed a life sciences company's win in a former manager's suit claiming she was unlawfully fired for posting statistics about police violence on social media following the 2020 murder of George Floyd, ruling she hadn't shown the company discriminated against white workers.
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March 22, 2024
LifeCell Cleared Of Liability In NJ Strattice Hernia Mesh Trial
New Jersey state jurors on Friday cleared LifeCell of liability in a Kentucky woman's suit alleging the design of its Strattice surgical mesh is defective and caused a hernia to reoccur and ultimately resulted in "life-altering" surgery, giving the medical device company the first win in a venue with at least 93 pending cases with tort claims over the mesh.
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March 21, 2024
Colo. Distributor Seeks $2.3M Sanction For Stryker Spoilation
A Colorado medical device distributor urged a federal judge to make Stryker and its lawyers pay $2.3 million in attorney fees as sanctions for "pervasive misconduct" throughout discovery and trial, arguing discovery violations will otherwise become the "cost of doing business" for the medical technology giant.
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March 21, 2024
Chief Of Bogus PE Firm Gets 6 Years For $10M Affinity Fraud
The Colorado-based CEO of a purported investment firm faces nearly six years in prison after pleading guilty to securities fraud in connection with a $10.4 million scheme targeting West Point grads and involving claims he planned to invest in a trio of Italian cycling companies.
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March 21, 2024
4 Things To Know About DOJ's Apple Antitrust Showdown
As Apple prepares to fight state and federal prosecutors' monopoly claims filed Thursday, consumer advocates say it's high time allegations that the company stifles competition in the smartphone and app markets be taken to court, but Apple warns that a win for the government would harm its users.
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March 21, 2024
Unabomber Prosecutor To Probe FTX's Sullivan & Cromwell Ties
The Delaware bankruptcy court overseeing the Chapter 11 case of FTX Trading Ltd. has approved the appointment of a former federal prosecutor, whose experience includes work on the Unabomber case, to delve into accusations Sullivan & Cromwell is conflicted as debtor's counsel.
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March 21, 2024
Woman Lost Independence Due To Strattice Mesh, Jurors Told
A Kentucky woman told New Jersey state jurors on Thursday that LifeCell skipped important safety steps while designing its Strattice surgical mesh, and that those skipped steps caused a hernia to reoccur and ultimately resulted in the loss of her independence.
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March 21, 2024
3rd Circ. Agrees Investors Have No Case Against Vax Maker
The Third Circuit on Thursday upheld a Pennsylvania federal judge's ruling that a putative class of investors alleging biopharmaceutical company Ocugen Inc. made misleading statements about its ability to quickly produce a COVID-19 vaccine failed to state a claim against the company.
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March 21, 2024
Top NJ Lawmakers Vow To Address Ballot Design Dispute
With a contentious lawsuit about ballot layouts for the New Jersey primary election making its way through federal court, top Democratic and Republican state lawmakers issued an unusual joint public statement this week saying that the legislature should determine ballot design and that they would launch a "public process" on redesign.
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March 21, 2024
Biden's Judicial Nominees Face New Barriers
President Joe Biden is encountering new hurdles to placing his judicial nominees on the bench, particularly one who would be the first Muslim federal appellate judge if confirmed.
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March 21, 2024
Sen. Menendez's Wife Keeps Attys After Feds Allege Conflict
Nadine Menendez, the wife of New Jersey's U.S. Sen. Robert Menendez, told a Manhattan federal judge Thursday that she will stick with her Schertler Onorato Mead & Sears LLP lawyers ahead of their corruption trial after prosecutors alleged an ethical conflict.
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March 21, 2024
'Sibling Squabbles' At NJ Law Firm Sent Back To State Court
A woman formerly employed as an administrator at her sister's New Jersey law firm won her bid to have her suit alleging an anticipatory breach of her retirement plan and retaliatory firing sent back to state court this week.
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March 21, 2024
DOJ Sues Apple, Rounds Out US Claims Against Tech Big 4
The U.S. Department of Justice and several state attorneys general on Thursday launched an antitrust suit against Apple, accusing the world's dominant smartphone maker of maintaining an anti-competitive monopoly over its iron grip over the iPhone, rounding out the quartet of long-anticipated government antitrust litigation already proceeding against Google, Meta and Amazon.
Expert Analysis
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Analyzing The Legal Ripples Of The EPA's PFAS Regulation
As the U.S. Environmental Protection Agency makes major moves on its pledge to regulate per- and polyfluoroalkyl substances, the developing body of PFAS regulation will lead to an increase in litigation, and personal injury and product liability claims, say attorneys at Gordon & Rees.
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Tips For Litigating Against Pro Se Parties In Complex Disputes
Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.
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Opinion
Test Results Signal Poor Odds For Lead Cables Litigation
After sites in New York and New Jersey allegedly contaminated with lead by telecommunications cables were found by state and federal agencies to present no imminent threats to public health, it seems unlikely that mass litigation over this issue by plaintiffs firms or state attorneys general will succeed, says Andrew Ketterer at Ketterer & Ketterer.
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How Justices' Disclosure Ruling May Change Corp. Filings
In the upcoming Macquarie Infrastructure v. Moab Partners case, the U.S. Supreme Court will resolve a circuit split over whether a company may be sued for private securities fraud if they fail to disclose certain financial information in public filings, which may change the way management analyzes industry risks and trends for investors, says Paul Kisslinger at Lewis Brisbois.
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Pro Bono Work Is Powerful Self-Help For Attorneys
Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.
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3 Quirks Of New Jersey Insurance Coverage Law
There are a multitude of state-specific requirements and nuances that make New Jersey insurance law unique, including in the areas of duty to defend, reservation of rights and bad faith, say attorneys at Goldberg Segalla.
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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Series
In Focus At The EEOC: Advancing Equal Pay
The U.S. Equal Employment Opportunity Commission’s recently finalized strategic enforcement plan expresses a renewed commitment to advancing equal pay at a time when employees have unprecedented access to compensation information, highlighting for employers the importance of open communication and ongoing pay equity analyses, say Paul Evans at Baker McKenzie and Christine Hendrickson at Syndio.
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Fintech-Bank Partnerships Hold Potential, But Tread Carefully
A study recently released by the Federal Reserve Board highlights the federal preemptions that financial technology lenders can take advantage of to lend profitably in certain states, though fintech-bank partnerships face some regulatory challenges as well, say attorneys at Venable.
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Opinion
Newman Suspension Shows Need For Judicial Reform
The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.
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How And Why Your Firm Should Implement Fixed-Fee Billing
Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Why Standing Analysis Is Key In Data Breach Mediation
Amid a growing wave of data breach class action litigation, recent legal developments show shifting criteria for Article III standing based on an increased risk of future identity theft, meaning parties must integrate assessments of standing into mediation discussions to substantiate their settlement demands in data breach class actions, says Abe Melamed at Signature Resolution.
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Opinion
Judicial Independence Needs Defense Amid Political Threats
Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.
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How Life Sciences Cos. Can Prevent Securities Class Actions
Though the overall volume of securities fraud class actions has dipped in the last couple of years, life sciences companies remain a particularly popular target for these filings and should employ best practices to minimize risk, say Joni Jacobsen and Angela Liu at Dechert.