New Jersey

  • June 15, 2020

    Francesca's Wins Bid To Arbitrate Some Manager OT Claims

    A New Jersey federal judge on Monday said 151 of the 356 current or former store managers in a collective action against Francesca's must arbitrate claims the Texas-based clothing store chain misclassified them as exempt from overtime pay requirements, saying they consented to waiving such litigation via arbitration agreements.

  • June 15, 2020

    Late Filing Sinks Condo Group's Suit Over Water Damage

    The New Jersey state appeals court refused to reinstate a lawsuit by a Weehawken condominium association over water damage, ruling Monday that the suit was filed after the six-year statute of limitations for construction defect claims had expired.

  • June 15, 2020

    High Court Won't Hear Drug Price-Fixing Discovery Dispute

    The U.S. Supreme Court on Monday declined a request from generic-drug makers to review a discovery dispute between them and states attorneys general and drug buyers suing over an alleged industrywide conspiracy to fix generic-drug prices.

  • June 12, 2020

    3rd Circ. Backs Revised Rules For NFL Concussion Deal

    In a precedential decision Friday, the Third Circuit upheld revised rules for a concussion settlement agreement between the National Football League and former players who say they suffered brain damage during their careers, concluding that the rules merely help with the deal's administration and prevent fraud.

  • June 12, 2020

    'Bridgegate' Mastermind Cleared After High Court Ruling

    A New Jersey federal judge on Friday wiped away the conviction of the admitted mastermind behind the infamous "Bridgegate" scheme to realign lanes to the George Washington Bridge as an act of political revenge after the U.S. Supreme Court last month erased the convictions of his alleged conspirators.

  • June 12, 2020

    3rd Circ. Says Bank Not To Blame For Imaging Center's Failure

    The Third Circuit has found diagnostic chain National Medical Imaging can't collect damages from U.S. Bank NA for a 12-year-old involuntary bankruptcy filing, saying it hadn't shown the bank acted in bad faith or drove NMI out of business.

  • June 12, 2020

    NJ Blocks Town From Defying Virus Ban On Indoor Dining

    New Jersey Gov. Phil Murphy on Friday secured a court order blocking Asbury Park from defying the COVID-19 ban on indoor dining, making good on a threat he'd made earlier to sue the town over its plans to allow the activity despite not having a green light from the state.

  • June 12, 2020

    House Dems Call For Transparency In FCC COVID-19 Funding

    The House Energy and Commerce Committee asked the FCC on Friday for more information about the disbursement of funds appropriated for telehealth services during the COVID-19 pandemic, specifically regarding which health care providers haven't yet received funding to serve tribal lands or to obtain telehealth equipment.

  • June 12, 2020

    Synchronoss Tech Escapes Shareholder Action Over Unit Sale

    A New Jersey federal judge on Friday tossed a derivative lawsuit brought by Synchronoss Technologies Inc. shareholders alleging the company's board members misrepresented the value of a divestiture, reasoning the regulatory filings at issue were only signed by chief executive officers and not by all of the company's directors.

  • June 12, 2020

    NJ Court OKs Subpoenas For Prescription Info In Opioid Case

    Law enforcement may access information from a drug prescription database with a valid grand jury subpoena as long as the material is relevant to an investigation into a prescriber, a New Jersey state appeals court said Friday in a published opinion upholding subpoenas related to an alleged opioid distribution ring.

  • June 11, 2020

    LG Can't Halt Trial Prep In Video Display Infringement Row

    A New Jersey federal judge on Thursday refused to delay preparations for a new damages trial while LG appeals liability issues in an infringement suit by Mondis Technology over a patent related to plug-and-play technology for TV displays, saying there's "no reason to make an old case even older."

  • June 11, 2020

    DOI Finds East Coast Wind Projects Could Disrupt Fishing

    The U.S. Department of the Interior's expanded environmental analysis for a proposed wind farm off the coast of Martha's Vineyard found the cumulative impact of offshore wind development could significantly impact commercial fishing, according to a notice set to be published in the Federal Register Friday.

  • June 11, 2020

    NJ Man Cops To Low-Income Loan And Investment Scheme

    A New Jersey man pled guilty Thursday to running a multimillion-dollar bank and securities fraud scheme in which prosecutors said he and employees fabricated loan applications for low-income customers and put some of those funds into sham investments.

  • June 11, 2020

    Attys Sued For 'Outrageous' Harassment Over Service

    A group of class action attorneys were hit with a New Jersey federal lawsuit Thursday by a credit reporting company's founder claiming his family was harassed by a rude process server who was delivering frivolous litigation over a purported payday lending scheme.

  • June 11, 2020

    NJ Justices Say Jury Switch Not OK After Partial Verdict

    The New Jersey Supreme Court ruled Wednesday that the replacement of a juror after a partial verdict constitutes an unfair trial, ordering a new trial for a man prosecutors have accused of murder.

  • June 11, 2020

    Coronavirus Litigation: The Week In Review

    McDonald's employees continued testimony in court about what they say are inadequate safety measures, Ruby Tuesday's faces a $2.5 million lawsuit after shuttering one of its eateries, and protesters rallying against police brutality say the use of chemical agents violates their constitutional rights and increases the risk of COVID-19 infections.

  • June 11, 2020

    NJ Court Nixes Target's Bid To Reduce Workers' Comp Award

    A New Jersey state appeals court has nixed Target Corp.'s bid to cut a workers' compensation award for a former employee, rejecting the company's argument that a judge improperly revisited the compensation amount after a settlement.

  • June 11, 2020

    Ex-Estate Atty Can't Beat Conviction For $1.5M Client Theft

    A former New Jersey estate attorney who bilked clients out of $1.5 million lost his bid to vacate his 26-year sentence Wednesday, as a state appeals court ruled that his punishment wasn't excessive given the duration of his crimes and the number of victims.

  • June 11, 2020

    Biz Groups Look To Enter Fight Over DOL Joint Employer Rule

    A business coalition led by the U.S. Chamber of Commerce has urged a New York federal judge to let it join the U.S. Department of Labor in defending the agency's recently finalized joint employer rule from a legal attack from 18 Democratic state attorneys general.

  • June 11, 2020

    Taubman Says Simon Still Bound To $3.6B Mall Deal

    Mall operator Taubman Centers Inc. said Simon Property Group Inc. can't walk away from their $3.6 billion tie-up and added it will "vigorously" defend itself from the lawsuit seeking to cancel their pre-COVID-19 agreement.

  • June 11, 2020

    Texas Atty Swaps Suits For Scrubs To Fight COVID-19

    As coronavirus cases climbed by leaps and bounds, Texas attorney Colleen Carboy temporarily set aside her legal career to work 14-hour days without breaks as a hospital nurse, witnessing family members say goodbye to their dying relatives over Zoom calls and even caring for one patient who had to go to the hospital for COVID-19 symptoms instead of his wife's funeral.

  • June 10, 2020

    Contractor Faces $2M In OSHA Fines For 'Egregious' Failings

    The U.S. Department of Labor's Occupational Safety and Health Administration has proposed slapping a limited-liability framing contractor with nearly $2 million in fines for exposing employees in its New Jersey facilities to life-threatening safety hazards. 

  • June 10, 2020

    Ex-Benjamin Moore Atty Says Pollution Reveal Led To Firing

    Benjamin Moore & Co. has been hit with a workplace retaliation lawsuit in New Jersey state court by a former deputy general counsel who claims the paint giant canned him after he raised concerns about the company's purported illegal burying of hazardous waste on the grounds of a California facility it later sold. 

  • June 10, 2020

    NJ Courts Will Begin To Reopen With COVID Safety Measures

    New Jersey judiciary officials on Wednesday said they will soon begin holding in-person proceedings at state courthouses after shuttering their doors nearly three months ago due to the COVID-19 pandemic, but visitors will need to wear face masks in public areas and maintain social distancing.

  • June 10, 2020

    AGs Pile On Generics Cos. With 3rd Price-Fixing Complaint

    State enforcers added more treatments to their price-fixing case against generic-drug makers with a third complaint Wednesday in Connecticut federal court accusing 26 companies and 10 individuals of "rampant" collusion on topically applied treatments.

Expert Analysis

  • Health Providers Fighting COVID-19 Should Beware Tort Risk

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    Though federal and state governments have provided certain immunities against tort liability to health entities fighting COVID-19, first responders should not be lulled into a false sense of security as the scope of protection is not as clear as it may seem, say Lisa Ruggiero and Aileen McTiernan at Locke Lord.

  • 8 Tips For Retaining An Expert During COVID-19 And Beyond

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    Caroline Crump at Exponent and Natalie Baker Reis at Medical Research Consultants outline some strategies for creating a successful attorney-expert team, including unique considerations for pandemic-related closures and economic uncertainties.

  • A Bridge Too Far: High Court Limits Novel Fraud Theories

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    The U.S. Supreme Court's decision last week on the use of the mail and wire fraud statutes in the "Bridgegate" case almost certainly will have an impact on the U.S. v. Blaszczak insider trading case, where the broad conception of a deprivation of property is arguably at odds with Bridgegate, say David Sarratt and Eric Silverberg at Debevoise.

  • The FCA, Medical Necessity And Gov't Regulation Of Medicine

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    The Third Circuit's decision in U.S. v. Care Alternatives and the Ninth Circuit's decision in U.S. v. Gardens Regional Hospital found that subjective medical opinions can trigger False Claims Act liability, reinforcing the circuit split over what constitutes falsity for claims based on lack of medical necessity, says Geoffrey Kaiser at Rivkin.

  • 'Home Rule' Conflicts Likely As NJ Reopens

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    Once New Jersey Gov. Phil Murphy begins to lift statewide pandemic-related restrictions, municipal officials will likely be agitating for a return to the "home rule" and away from state regulation of local matters, requiring courts to weigh in, say Kevin Weber and Michael DeLoreto at Gibbons.

  • Bridgegate Ruling Reins In Federal Prosecutorial Power

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    The U.S. Supreme Court's decision last week that the "Bridgegate" political retribution scheme did not violate federal fraud statutes represents another example of the court's willingness to limit what it believes to be overly aggressive federal corruption and fraud prosecutions, say attorneys at Cleary.

  • What It's Like To Move From Army JAG To BigLaw

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    Lawyers who have served in the U.S. Army's Judge Advocate General's Corps can provide tremendous value to law firms, but the transition to firm life has its challenges, says former JAG attorney Vinnie Lichvar, now at Snell & Wilmer.

  • How Law Firms Can Maximize COVID-19 Insurance Coverage

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    Law firms struggling due to the pandemic should identify relevant insurance policies and provisions, be mindful of notice requirements that could interfere with coverage, and push back against policy exclusions, say Robin Cohen and James Smith at McKool Smith.

  • Bridgegate Leaves Dubious Property Fraud Theory Intact

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    In its recent "Bridgegate" decision, the U.S. Supreme Court failed to address the viability of the right to control theory of property fraud and its interplay with honest services fraud, adding to the uncertainty in federal fraud law that allows prosecutors to pursue unconstitutionally vague charges, say attorneys at Steptoe & Johnson.

  • Missteps To Avoid In Marketing COVID-19 Antibody Tests

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    With federal guidance on developing COVID-19 antibody tests changing weekly, and with state attorneys general watching closely, companies providing or facilitating such tests should remember that even in this dynamic environment, certain advertising principles stand firm, say attorneys at Brownstein Hyatt.

  • How Some States Are Slowing Commercial Property Evictions

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    Attorneys at McCarter & English take a look at the varying approaches states within the Northeast and Mid-Atlantic regions have taken regarding commercial property evictions during the COVID-19 pandemic.

  • Opinion

    States Must Act To Cut Auto Insurance Rates During COVID-19

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    Auto insurers are experiencing a massive windfall due to fewer accidents during the pandemic, without returning a fair portion of those gains to consumers, so state regulators should use their authority to right this wrong, say law professors Da Lin and Daniel Schwarcz.

  • Virtual Caucuses Can Improve The Mediation Process

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    Both during the current crisis and in the future, integrating virtual, private caucuses between the mediator and each party into the mediation timetable would create an overall superior process, says mediator Marc Isserles at JAMS.

  • Legal Risks Facing Retailers Amid Pandemic Market Shifts

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    The COVID-19 crisis is changing the way consumers shop, but retailers that are adapting to stay competitive should consider the state and federal law risks associated with auto-renewals, product giveaways, retail installment contracts, and other currently popular programs, say attorneys at Steptoe & Johnson.

  • 2 Bankruptcies Provide Template For Embattled Retailers

    Excerpt from Lexis Practice Advisor
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    Distressed retailers unable to resort to traditional liquidation strategies due to the pandemic can look to novel arguments Modell's and Pier 1 recently employed in their bankruptcy proceedings that allowed them to obtain extraordinary suspensions, say Heike Vogel and Eric Horn at A.Y. Strauss.

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