New Jersey

  • June 23, 2020

    Black-Owned Investment Firm Accuses NJ, BlackRock Of Bias

    BlackRock Inc. and the New Jersey Department of the Treasury were hit with a federal lawsuit Tuesday by a minority-owned investment firm alleging the state cast it aside for a contract and instead gave the contract, along with confidential information, to the "overwhelmingly white" financial giant.

  • June 23, 2020

    Obviousness Doomed Narcan Patents After NJ Bench Trial

    Teva Pharmaceuticals proved that claims from four patents covering Adapt Pharma's opioid overdose medication Narcan are obvious, and the drug's success can't override that finding, a New Jersey federal judge said in an opinion unsealed Monday.

  • June 23, 2020

    NJ Agency Seeks To Toss Co.'s Suit Over $26M In Tax Credits

    The New Jersey Economic Development Authority has urged a state court to dismiss an energy equipment manufacturer's complaint alleging the agency unlawfully failed to grant it tax credits, saying the credits are under review because the company provided false information.

  • June 23, 2020

    3rd Circ. Ruling Cited In Bid To Ax Investors' Grenfell Fire Suit

    Attorneys for Arconic Inc. on Tuesday said a recent Third Circuit opinion that revived an investor suit against M&T Bank for failure to disclose risks in a proposed merger supports the metal maker's bid to toss its own investors' claims over risks that were allegedly revealed by London's fatal Grenfell Tower fire.

  • June 23, 2020

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

    As a regional surge in COVID-19 prompted states like Florida to step up enforcement of restrictions, over the past week other regions continued to advance reopening plans amid signs the virus' spread is slowing.

  • June 23, 2020

    NLRB Says Employers Can Discipline New Union Members

    Employers don't have to give newly formed unions a chance to negotiate over certain disciplinary actions against workers that occur before the parties' initial collective bargaining agreement is finalized, the National Labor Relations Board ruled Tuesday, cutting down a more union-friendly Obama-era standard.

  • June 23, 2020

    NJ High Court To Hear Insurers' $400M Sandy Suit Challenge

    The New Jersey Supreme Court will dig into a state appellate ruling that puts insurers on the hook for up to $400 million in coverage to New Jersey Transit Corp. for Superstorm Sandy damage on the grounds that the agency's claim is not subject to a $100 million cap for flood losses.

  • June 23, 2020

    NJ Court Remands Ill-Explained Truck Stop Property Valuation

    A New Jersey state appeals court remanded a truck stop's suit against a borough over its tax assessment Tuesday, saying a state tax court judge needed to explain how she arrived at the property's value. 

  • June 23, 2020

    Mo. Appeals Court Slashes $4.7B Talc Verdict Against J&J

    A Missouri appeals court on Tuesday halved a $4.7 billion talc verdict against Johnson & Johnson but refused to overturn it completely, saying the trial evidence showed the company's conduct regarding a product that's been blamed for causing ovarian cancer "was outrageous."

  • June 23, 2020

    Aveta Settles $1B Medicare Advantage FCA Suit

    Aveta Inc. and a whistleblower settled a False Claims Act suit alleging that its Medicare Advantage plans collected $1 billion in government overpayments, ending a dispute that served as an early test for litigation accusing companies of ripping off taxpayers by exaggerating patient illnesses.

  • June 22, 2020

    FTC Says Lack Of Staff Limits Privacy Probes, Enforcement

    The U.S. Federal Trade Commission's lack of privacy staff compared to European data protection watchdogs limits its ability to investigate children's privacy abuses and probe the risks of facial recognition technology, the agency told Congress on Friday. 

  • June 22, 2020

    Customer Signed Away Class Claims, NJ Nissan Dealer Says

    A New Jersey Nissan dealership has urged a federal court to toss proposed consumer class claims in a suit alleging it drove up sale prices with mandatory fees, arguing that the suing customer signed a sales contract with a class action waiver.

  • June 22, 2020

    3rd Circ. Won't Revive Rutgers Prof's Disability Bias Suit

    The Third Circuit on Monday refused to revive a suit against Rutgers University from a professor alleging he was denied a promotion due to his vision-related ailments, saying the university's rationale was consistent with the reasons provided by school officials in rejecting his prior applications before they knew about his disability.

  • June 22, 2020

    3rd Circ. Won't Revive Birth Injury Med Mal Suit

    The Third Circuit on Monday affirmed the dismissal of a suit accusing a doctor employed by a federally funded health entity of botching a woman's delivery and causing her newborn to suffer nerve damage, saying Pennsylvania's so-called minor savings statute doesn't apply.

  • June 22, 2020

    DC Circ. Says $2M Contract Fight Belongs In Saudi Arabia

    The D.C. Circuit has ruled that if a New Jersey consulting firm wants to go to court with Saudi Arabia over an unpaid contract, the defunct company will have to fight its claims in the kingdom.

  • June 22, 2020

    Ponzi Schemer Can't Get Out Of Prison Over COVID-19 Risk

    An ex-investment manager convicted of running a Ponzi scheme and stealing millions lost his bid to get out of prison due to the COVID-19 pandemic, with a New Jersey federal judge on Monday finding that the circumstances of his crimes were "particularly serious and involved a high level of deception."

  • June 22, 2020

    Investor Says Endo Lied About Role In NY Opioid Crisis

    An Endo International PLC investor launched a proposed class action Monday claiming the drugmaker's stock dropped nearly 15% after allegations surfaced about the company's role in New York's opioid crisis, unearthing a purported cover-up that left shareholders in the dark.

  • June 22, 2020

    3rd Circ. Won't Revive Shell Egg Buyers' Antitrust Suit

    The Third Circuit on Monday in a precedential opinion rejected a bid from egg buyers to revive their case after a jury found a major producer had not broken the law by participating in a conspiracy to reduce the supply of eggs, deciding that the lower court applied the right antitrust standard.

  • June 21, 2020

    Shock, Disappointment In SDNY Circles Over Berman Ouster

    The ouster of U.S. Attorney for the Southern District of New York Geoffrey Berman over the weekend sent shockwaves through the legal community, especially among many former New York federal prosecutors who viewed the incident as harmful to an institution lauded for its integrity.

  • June 19, 2020

    Defiant Berman Says He Isn't Quitting Manhattan US Atty Post

    The Trump administration announced plans late Friday to replace Geoffrey Berman as the U.S. Attorney for the Southern District of New York and nominate U.S. Securities and Exchange Commission Chairman Jay Clayton to take his place, but the top federal prosecutor in Manhattan said he didn't quit and won't immediately step down.

  • June 19, 2020

    3rd Circ. Won't Revive Dominion Energy Retirees' ERISA Suit

    The Third Circuit on Friday refused to revive Employee Retirement Income Security Act claims brought by a group of Dominion Energy Transmission retirees challenging changes to their post-retirement medical benefits, ruling that their medical plan's coverage terminated when their collective bargaining agreement ended.

  • June 19, 2020

    NJ Atty Accused Of False Claims Over Political Donations

    A New Jersey attorney has been slammed with criminal charges for allegedly lying to two Garden State towns about her then-firm not making certain political donations, as the state attorney general's office said Friday that she had actually enlisted "straw donors" to make such contributions.

  • June 19, 2020

    PHH Mortgage Aims To Sink Action Over Payoff Statements

    PHH Mortgage Corp. called on a New Jersey federal court Friday to bury a proposed class action alleging it unlawfully failed to account for insurance proceeds in loan payoff statements for the two borrowers behind the suit, saying the business accurately reflected the outstanding balance based on their mortgage terms.

  • June 19, 2020

    NJ High Court Pick Would Restore Diversity On State Bench

    New Jersey Gov. Phil Murphy's recent nomination of an attorney who would be the first Black woman on the state Supreme Court is a change of direction for the state's highest court, which attorneys say has faltered in diversity in recent years.

  • June 19, 2020

    Eatery Never Made Deal In Yelp Defamation Row, Court Told

    The owner of a shuttered Philadelphia restaurant blasted a disgruntled customer's "vindictive and harassing" bid to enforce a purported settlement in defamation litigation on Thursday, telling a New Jersey federal judge that there was never any deal on the table.

Expert Analysis

  • Opinion

    Credibility Concerns About Virtual Arbitration Are Unfounded

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    Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.

  • Opinion

    COVID-19 Relief Should Include Federal Infrastructure Bill

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    To create jobs and address the country's $4.5 trillion infrastructure backlog, the federal government should enact coronavirus relief directed at infrastructure investment, leveraged by the allocation of funds for public-private partnerships, say Andrej Micovic and Eric Singer at Bilzin Sumberg.

  • The Challenge Of Measuring Pipelines' GHG Footprints

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    The Federal Energy Regulatory Commission is frequently asked to require natural gas pipelines to evaluate effects on greenhouse gas emissions, with implications for project approval, but it is not easy to calculate the climate impact of a given pipeline, says David Harrison at NERA.

  • A Lawyer's Guide To Client Service Continuity Planning

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    Ensuring uninterrupted client service and compliance with ethical obligations in a time when attorneys are more likely to fall ill means taking six basic — yet often ignored — steps to build some redundancy and internal communication into legal practice, say attorneys at Axinn.

  • Lessons On Trade Secret Claims From Possessor, Not Owner

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    The Third Circuit's recent trade secrets decision in Advanced Fluid Systems v. Huber is particularly important for companies in relationships whereby vendors create, use or apply confidential information and trade secrets to develop solutions or manufacture products for other entities pursuant to a contract, say attorneys at Proskauer.

  • Virtual Meetings Could Be Fertile Ground For Legal Discovery

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    Many remote meeting technologies include recording features as default settings, raising three primary concerns from a legal discovery and data retention perspective, and possibly bringing unintended consequences for companies in future litigation, says Courtney Murphy at Clark Hill.

  • How Courts May Interpret COVID-19 Waivers Of Liability

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    As businesses begin to reopen, they may seek to release themselves from negligence claims for COVID-19 infections through contractual waivers of liability, but whether a waiver is enforceable varies significantly by state, says Jessica Kelly at Sherin and Lodgen.

  • Bridgegate Has The Potential To Upend A Raft Of Prosecutions

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    The U.S. Supreme Court's recent "Bridgegate" decision will undoubtedly create further hurdles for the government to prosecute schemes that are venal, deceitful and underhanded but in which the loss of money or property — while foreseeable — was not the objective, say Daniel Fetterman and Brian Choi at Kasowitz.

  • Wis. Executive Power Ruling Has A Downside For Businesses

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    The Wisconsin Supreme Court’s decision last week invalidating the state's stay-at-home order as going beyond the governor's authority could make future executive orders limiting businesses' tort liability during post-pandemic reopening significantly less likely even in other states, says Brian Hauck at Jenner & Block.

  • The Role Of Remote Mediation After The Crisis Is Over

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    When the dark cloud of COVID-19 has passed and resolution centers are once again peopled with warring parties and aspiring peacemakers, remote mediations will likely still be common, but they are not going to be a panacea for all that ails the dispute resolution industry, says Mitch Orpett at Tribler Orpett.

  • NJ Law Favors Insureds In COVID-19 Biz Interruption Suits

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    The loss of functionality and efficient proximate cause doctrines under New Jersey insurance law may provide a favorable litigation atmosphere for policyholders in disputes over COVID-19 business interruption coverage, say attorneys at Anderson Kill.

  • How States Are Relaxing Truck Weight Rules During COVID-19

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    Multiple states have adjusted truck weight limits to allow delivery vehicles involved in emergency relief efforts to accommodate more freight during the COVID-19 pandemic, but commercial carriers and vehicle operators must be mindful of differences between states, say attorneys at Cozen O'Connor.

  • A Vertical Challenge May Have Fared Better In Sabre Merger

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    A vertical challenge may have been the U.S. Department of Justice's best chance to block the Sabre-Farelogix merger — subsequently blocked by an adverse United Kingdom ruling — as well as an opportunity to test its new vertical merger draft guidelines, say James Fishkin and Dennis Schmelzer at Dechert.

  • 7 Steps To Romancing The Virtual Classroom

    Excerpt from Lexis Practice Advisor
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    For professors, trainers, lawyers, students and businesses grappling with the unexpected challenges of distance learning, trial attorney and teacher James Wagstaffe offers best practices for real-time online instruction.

  • Key Return-To-Work Considerations For Law Firms

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    There may be precious little notice before the legal community ramps up, so it's important to have return-to-work plans that address the unique challenges law firms will face in bringing employees back to offices, say attorneys Daniel Gerber, Barbara O'Connell and Richard Tucker.

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