New Jersey

  • February 15, 2024

    Damaged Champagne Cargo Row Can Proceed, Judge Says

    A New Jersey federal judge preserved the majority of a $930,000 coverage dispute over a damaged champagne shipment Thursday, denying a logistics company's bid for dismissal while giving an insurer the opportunity to put forth an alternate pleading.

  • February 15, 2024

    AGs Press FDA On Safeguards Against Metal In Baby Food

    Attorneys general from states across the country urged the U.S. Food and Drug Administration once again on Thursday to establish requirements that baby food producers test for lead and other metals in products headed for store shelves, citing a recent wave of childhood lead poisoning connected to recalled applesauce pouches.  

  • February 15, 2024

    Invitae Can Use Cash Collateral For Speedy Ch. 11

    Bankrupt genetic testing company Invitae Corp. on Thursday got the approval of a New Jersey bankruptcy court for routine first-day motions as it moves toward a planned April auction of its assets.

  • February 15, 2024

    NJ Atty Beats Greater Damages Bid Over Hotel Project Loan

    A New Jersey attorney won't have to face an additional $9.5 million in damages in a suit over a mishandled escrow agreement related to the development of a luxury New Mexico hotel, a federal judge has ruled.

  • February 15, 2024

    What Rescheduling Pot Would Mean For Criminal Justice Reform

    While federal drug enforcers mull a recommendation from health regulators to loosen restrictions on marijuana, criminal justice reformers are warning that rescheduling the drug would not realize President Joe Biden's campaign promise to decriminalize marijuana.

  • February 15, 2024

    Judge Says Jurors Can See J&J Ads In Talc Trial

    A Florida judge on Thursday said decades-old advertisements for Johnson & Johnson baby powder are relevant to potential punitive damages in a talc trial and he would not shield jurors from seeing them, but he scolded the company for not opting for a two-part trial on liability and punitive damages.

  • February 15, 2024

    Ex-NJ Law Officers Allowed Concealed Carry, 3rd Circ. Rules

    The Third Circuit, in a precedential ruling, held that a federal statute allows former state and federal law enforcement officers in New Jersey to carry concealed firearms, rejecting the Garden State's argument that the law does not provide that right.

  • February 15, 2024

    Autolenders Wants Ex-Worker's OT Suit To Be Tossed

    Auto retailer Autolenders is asking a New Jersey federal judge to toss claims from a former worker that he was fired for complaining about not being paid for overtime, arguing that in an amended complaint, the ex-employee improperly attempted to distance himself from his initial claims that he worked as a salesman.

  • February 15, 2024

    Vaughan Baio Adds 3 Partners And 2 Offices In NY, NJ

    Philadelphia-based midsized firm Vaughan Baio & Partners expanded its footprint and resources this month with the addition of three partners and the opening of two offices in New York and New Jersey.

  • February 15, 2024

    Reed Smith Wants To Shield Internal Probe In Bias Suit

    Reed Smith LLP urged a New Jersey federal judge Thursday to seal an internal investigation report as the firm fights a long-running age and racial discrimination suit brought by a former paralegal, arguing her pro-se motion to unseal the report was "untimely and largely nonsensical."

  • February 15, 2024

    Petition Watch: Classes, Litigation Changes & Fraud Theories

    The U.S. Supreme Court receives thousands of petitions for review each term, but only a few make the news. Here, Law360 looks at four petitions filed in the past three weeks that you might've missed, including questions over how courts should analyze class certification bids and regulations restricting specific speech for content-neutral reasons, whether plaintiffs must reestablish standing after amending lawsuits, and what constitutes fraud.

  • February 15, 2024

    8 Men Get Jail Time In $2M Hemp Wine Pump-And-Dump Ploy

    Ohio federal prosecutors have announced the convictions of eight men charged with participating in a pump-and-dump scheme meant to boost the Global Resource Energy Inc. stock price, which purportedly planned to offer hemp-infused wine.

  • February 15, 2024

    Ex-McElroy Deutsch CFO Charged With $1.5M Theft From Firm

    McElroy Deutsch Mulvaney & Carpenter LLP's former chief financial officer has been hit with criminal charges in New Jersey state court alleging he embezzled more than $1.5 million from the firm over a five-year period in unauthorized compensation and company credit card charges for personal expenses, prosecutors said Thursday.

  • February 14, 2024

    Pfizer Reaches $93M Deal With Lipitor Buyers In Antitrust MDL

    Pfizer Inc. has agreed to shell out $93 million to put to rest Lipitor buyers' claims in sprawling antitrust multidistrict litigation over the cholesterol medication that stretches back more than a decade, according to a motion filed Wednesday in New Jersey federal court.

  • February 14, 2024

    Campbell Soup Says It Gave FTC Info For $2.7B Sauce Deal

    Campbell Soup Co. has given the Federal Trade Commission all the information the agency has asked for concerning its planned acquisition of Sovos Brands, the owner of the popular sauce brand Rao, before the agency decides whether to give the $2.7 billion union its blessing.

  • February 14, 2024

    Prudential Inks $35M Deal Over Investor's Stock-Drop Suit

    A Prudential Financial Inc. investor asked a New Jersey federal judge on Wednesday to sign off on a $35 million deal to settle allegations the insurer hid mortality trends and understated its life insurance reserves, causing its stock to trade at inflated prices.

  • February 14, 2024

    NJ Town Looks To Stay 'Historic' $393M PFAS Settlement

    A New Jersey town is looking to pause the final approval of a proposed $393 million settlement between the Garden State and the American arm of Belgian chemical company Solvay over "forever chemical" contamination, arguing the state and its outside counsel have ignored the law in order to settle quickly.

  • February 14, 2024

    NJ Law Firm Beats Malpractice Claims Over Real Estate Deal

    A New Jersey state appeals court on Wednesday refused to revive legal malpractice claims against a law firm over its involvement in a botched real estate transaction, ruling that the lack of an expert report doomed the lawsuit because the claims were too intricate to be common knowledge.

  • February 14, 2024

    Fla. Condo Says Chubb Unit Stalled On $7M Storm Claim

    A Florida Keys condominium has sued a Chubb unit over coverage related to $7.3 million worth of damage sustained during a 2017 hurricane, saying the company breached "industry standards" by dragging its feet on a claim and issued an amount less than what was needed for repairs.

  • February 14, 2024

    NJ Mayor Gets Voice In NY Congestion Pricing Fight

    A New Jersey mayor who recently failed to get his lawsuit over New York's congestion pricing plan merged with another case brought by the Garden State government will be allowed to participate in oral arguments against the Empire State, a federal judge has decided.

  • February 14, 2024

    Bed Bath & Beyond Execs Given Access To $10M In Insurance

    An insurer for bankrupt housewares retailer Bed Bath & Beyond will cover up to $10 million in legal costs incurred by company executives who were subpoenaed or named as defendants in litigation connected to the store, a New Jersey bankruptcy court said.

  • February 14, 2024

    Solvay Loses Tax Reg Challenge In NJ Appeals Court

    A New Jersey tax division rule requiring documentation of sales and use tax paid before a refund may be granted isn't arbitrary or capricious, a state appeals court held Wednesday, finding chemical giant Solvay was correctly denied its refund claim.

  • February 14, 2024

    NY Objects To Rite Aid Bid To Close More Stores

    The state of New York asked a New Jersey bankruptcy judge Wednesday to keep two Rite Aid stores in Buffalo and Poughkeepsie, New York, out of the list of stores slated for closure in the pharmacy chain's Chapter 11 case, saying the closures would reduce pharmacy access for people in those communities.

  • February 14, 2024

    South Jersey Agency Must Face Suit Over Fatal Tollbooth Crash

    A New Jersey appeals court on Wednesday declined to let the South Jersey Transportation Authority escape a suit over a fatal car crash at a toll plaza, saying the trial court didn't abuse its discretion by allowing the family to file a late notice of claim after receiving video of the crash.

  • February 14, 2024

    Ex-Cognizant Execs Fight Co.'s Bid To Shield Bribe Evidence

    Two former Cognizant executives have called on a New Jersey federal court to reject the company's attempt to shield evidence related to a purported bribe as the executives face a criminal trial over a separate bribery scheme.

Expert Analysis

  • How To Recognize And Recover From Lawyer Loneliness

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    Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.

  • Opinion

    Litigation Funding Disclosure Should Be Mandatory

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    Despite the Appellate Rules Committee's recent deferral of the issue of requiring third-party litigation funding disclosure, such a mandate is necessary to ensure the even-handed administration of justice across all cases, says David Levitt at Hinshaw.

  • Recalling USWNT's Legal PR Playbook Amid World Cup Bid

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    As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.

  • Opinion

    Justices' Job Transfer Review Should Hold To Title VII Text

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    The U.S. Supreme Court's upcoming decision in Muldrow v. City of St. Louis should hold that a job transfer can be an adverse employment action, and the analysis should be based on the straightforward language of Title VII rather than judicial activism, say Lynne Bernabei and Alan Kabat at Bernabei & Kabat.

  • 11th Circ. Ruling May Impede Insurers' Defense Cost Recoup

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    The Eleventh Circuit's recent Continental Casualty v. Winder Laboratories ruling that insurers cannot obtain reimbursement of defense costs from their insureds where the policy itself does not require such reimbursement is likely to be cited as persuasive authority in Georgia and other states without clear precedent on the issue, say Christy Maple and Robert Whitney at Phelps Dunbar.

  • Indivior Ruling May Affect Rebate Wall Litigation

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    A New Jersey federal court's recent decision in Indivior v. Alvogen, in which a claim that an alleged rebate wall anti-competitively blocked generic competition survived summary judgment, may provide a blueprint for successfully challenging other drug rebating practices, say Peter Herrick and Monsura Sirajee at O'Melveny.

  • Immigration Program Pitfalls Exacerbate Physician Shortages

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    Eliminating shortcomings from U.S. immigration regulations and policies could help mitigate the national shortage of physicians by encouraging foreign physicians to work in medically underserved areas, but progress has been halted by partisan gridlock, say Alison Hitz and Dana Schwarz at Clark Hill.

  • Perspectives

    Mallory Gives Plaintiffs A Better Shot At Justice

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    Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.

  • FLSA Collective Actions: Are Courts Still Dancing The 2-Step?

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    In the absence of amendments to the Fair Labor Standards Act, courts have filled in some of the statute's gaps and established a two-step framework for conditional certification of a class, but recent rulings show signs that courts are ready to hold party plaintiffs to a higher standard if they want to recruit others to join their lawsuits, says Allison Powers at Barack Ferrazzano.

  • Opinion

    When Corporate Self-Disclosure Threatens Individuals' Rights

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    The prosecution of former Cognizant executives in New Jersey federal court demonstrates how the U.S. Department of Justice’s corporate enforcement policy can contravene the constitutional rights of individual defendants who are employed by cooperating companies, says Gideon Mark at the University of Maryland.

  • Courts Can Overturn Deficient State Regulations, Too

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    While suits challenging federal regulations have become commonplace, such cases against state agencies are virtually nonexistent, but many states have provisions that allow litigants to bring suit for regulations with inadequate cost-benefit analyses, says Reeve Bull at the Virginia Office of Regulatory Management.

  • How Construction Industry Can Help Mitigate Wildfire Impact

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    The recent uptick of wildfires across North America has resulted in renewed calls for construction job site changes and increased management of sites in order to mitigate the risk of outbreaks and workers' exposure to hazardous air quality, say Josephine Bahn and Jeffery Mullen at Cozen O'Connor.

  • Keep Up With Telemarketing Compliance: State Law Roundup

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    As more states enact mini-Telephone Consumer Protection Acts to seemingly fill the "autodialer" void left by the U.S. Supreme Court's Facebook v. Duguid ruling, compliance will become a difficult game of whack-a-mole — some of the laws regulate equipment, while others restrict to whom calls can be made, and more, say attorneys at Blank Rome.

  • Tales From The Trenches Of Remote Depositions

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    As practitioners continue to conduct depositions remotely in the post-pandemic world, these virtual environments are rife with opportunities for improper behavior such as witness coaching, scripted testimony and a general lack of civility — but there are methods to prevent and combat these behaviors, say Jennifer Gibbs and Bennett Moss at Zelle.

  • Minn. Noncompete Ban May Add To Nat'l Venue Choice Tangle

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    With federal courts already split on which laws govern choice-of-venue clauses in noncompete agreements, the new Minnesota statute that bans noncompetes and empowers workers to void any employment contract that requires out-of-state adjudication will complicate compliance for multistate employers, says Sarah Tishler at Beck Reed.

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