New Jersey

  • June 21, 2021

    Office Design Co. Investor Sues To Block $1.8B Merger

    Office decor company Knoll Inc. and its directors were hit with a lawsuit by an investor claiming the company's proposed $1.8 billion acquisition by Herman Miller Inc. is marred by lucrative insider deals and missing financial information.

  • June 21, 2021

    NJ Assembly Passes Immigration Detention Ban

    The New Jersey General Assembly passed a bill on Monday that would ban U.S. Immigration and Customs Enforcement from detaining immigrants in the Garden State.

  • June 21, 2021

    NJ Pandemic Insurance Bill Clears State Assembly

    The New Jersey Assembly unanimously passed a bill Monday designed to extend insurance coverage to public health crises like the recent coronavirus outbreak, though attorneys have said the measure could provide insurers with another litigation tool for avoiding coverage of losses stemming from the COVID-19 pandemic.

  • June 21, 2021

    U.S. Steel Keeps Victory In Fire Reporting Suit At 3rd Circ.

    U.S. Steel Corp. on Monday maintained its defeat of a Clean Air Council lawsuit alleging it violated federal notification requirements regarding a 2018 fire near Pittsburgh, with the Third Circuit's precedential ruling that the company's reports to local authorities were sufficient.

  • June 21, 2021

    Energy Co. To Pay $7M To End Bait-And-Switch Claims

    Verde Energy USA Inc. has reached a proposed $7 million settlement to end a half-dozen proposed class actions alleging it drew customers in with a bait-and-switch scheme that left them paying more for electricity than they had expected.

  • June 21, 2021

    High Court Won't Review Amarin's Vascepa Fight

    The U.S. Supreme Court said Monday that it won't look at Amarin Pharma Inc.'s bid to revive six patents that cover its heart drug Vascepa after the Federal Circuit sided with two generic rivals in a ruling last year that found the patents were obvious.

  • June 21, 2021

    Fox Rothschild Launches American Indian Practice Group

    Fox Rothschild LLP just formed a new practice dedicated to tapping into the economic growth taking place in the communities of indigenous people.

  • June 21, 2021

    Change To 'Negligence' Definition For NJ Benefits Thrown Out

    The New Jersey Appellate Division on Monday tossed a regulatory change to what constitutes "willful negligence" barring certain public employees from receiving an accidental disability pension, finding in a published opinion the revision improperly lowered the standard for disqualifying workers.

  • June 21, 2021

    High Court Won't Hear Sham Litigation Exception Case

    The U.S. Supreme Court won't review a Third Circuit ruling that AbbVie delayed generic versions of its testosterone treatment AndroGel through sham litigation.

  • June 18, 2021

    NJ Bill Could Give Insurers Edge To Escape COVID Coverage

    New Jersey Assembly members are poised to pass a bill Monday aimed at extending insurance coverage to events like the coronavirus outbreak, but experts told Law360 that it could instead give insurers another angle to add to their winning record in pandemic coverage litigation.

  • June 18, 2021

    Bard Hit With $3M Verdict In Vein Filter Suit

    A Wisconsin federal jury on Thursday delivered a $3.3 million verdict in favor of a woman who claimed that a vein filter made by C.R. Bard fractured and a part became embedded in her heart after jurors found that the company was liable for failing to warn of the device's risks.

  • June 18, 2021

    J&J Accused Of Seeking 'Secrecy' In Fired Exec's Bias Suit

    A former Johnson & Johnson executive has accused it of trying to cover her wrongful termination lawsuit in a "shroud of secrecy" by pushing for the type of discovery restrictions that she said allowed the pharmaceutical giant to "lie" about its knowledge that the company's baby powder contained asbestos for decades.

  • June 18, 2021

    Hodgson Russ Expands SALT Practice In NJ

    Hodgson Russ LLP has expanded its Garden State footprint with the addition of a former Eversheds Sutherland attorney as a partner in its state and local tax group, a practice area that has been heating up thanks to the COVID-19 pandemic and major law changes.

  • June 18, 2021

    Firm Must Face Insurer's Suit Over Truck Fire Deal Release

    Rawle & Henderson LLP and one of its attorneys must face Sentry Select Insurance Co.'s lawsuit accusing the firm of foreclosing the insurer's ability to recoup a payout stemming from a tractor-trailer fire, with a New Jersey federal court's ruling that issues of fact preclude the complaint's dismissal.

  • June 18, 2021

    TD Bank Can't Shed Customers' Suit Over ATM Fees

    TD Bank must continue to face a breach of contract claim from a proposed class action accusing the bank of charging its customers fees they weren't expecting when they checked their account balances using out-of-network ATMs.

  • June 17, 2021

    3rd Circ. Tosses Federal Claims In Philly Will Dispute

    A legal battle over the estate of the son of a powerful Philadelphia official will continue at the county level after the Third Circuit upheld the dismissal of federal claims on Thursday.

  • June 17, 2021

    Coronavirus Litigation: The Week In Review

    Disney must face discrimination allegations for denying entry to one of its stores to an autistic boy for not wearing a mask, a Princess Cruises passenger has dropped her claims over a COVID-19 outbreak on a ship, and a judge has denied Geico the chance to file an immediate appeal in a suit alleging it's been unfairly profiting off the pandemic by charging high premiums.

  • June 17, 2021

    Many Courts Close For Juneteenth After Federal Holiday Nod

    With President Joe Biden signing a bill Thursday marking Juneteenth as a federal holiday, many federal courthouses may be scrambling to reschedule court hearings as the law gives most federal employees the day off.

  • June 17, 2021

    3rd Circ. Won't Rehear Suit Over 15-Year-Old BofA Robocall

    The Third Circuit won't give another chance to a plaintiff accusing Bank of America of violating the Telephone Consumer Protection Act with a single 2005 robocall, denying on Thursday a rehearing of the bank's earlier win.

  • June 17, 2021

    3rd Circ. Won't Halt Deportation Of Jamaican Woman

    A split Third Circuit panel on Thursday refused to halt deportation proceedings for a Jamaican woman who pled guilty to defrauding the elderly in a lottery scam, ruling in a precedential decision that she didn't prove she was likely to face retribution from the scam's ringleader if sent back to her native country.

  • June 17, 2021

    Cosmetics Trade Group Escapes J&J Asbestos-In-Talc MDL

    New Jersey's top federal judge has tossed claims against a nonprofit cosmetics trade association in multidistrict litigation over the alleged link between Johnson & Johnson's talcum powder products and ovarian cancer, finding that the group does not have a "legal duty to consumers" to make sure the products are safe.

  • June 17, 2021

    Justices Back Foster Agency That Refused Same-Sex Couples

    The U.S. Supreme Court ruled Thursday that Philadelphia violated a Catholic foster care agency's religious rights by severing ties with it after it refused to place foster children with same-sex couples.

  • June 16, 2021

    Ex-Cognizant Execs Want Cooperator's Bribery Probe Docs

    Two former Cognizant Technology Solutions Corp. executives charged with foreign bribery are seeking to force an Indian conglomerate to hand over information that could help clear their names, arguing that a New Jersey federal court has jurisdiction over the conglomerate because it cooperated with U.S. investigators.

  • June 16, 2021

    NJ Teachers Ask High Court To Take On Waiver In Dues Suit

    Two onetime Garden State teachers have called on the U.S. Supreme Court to take on a Third Circuit ruling that the New Jersey Education Association properly collected a month's worth of dues from them after they quit the union.

  • June 16, 2021

    NJ Justices Revive Ex-Pharma Exec's Racial Slurs Claim

    The New Jersey Supreme Court on Wednesday revived a former Meda Pharmaceuticals Inc. employee's hostile work environment lawsuit, reasoning that a supervisor's use of two racial slurs was enough to send the claims to a jury.

Expert Analysis

  • Attorneys Beware: Zoom Depositions Are Likely Inadmissible

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    As legal proceedings have moved online in light of the pandemic, lawyers may mistakenly believe that recorded Zoom video depositions can be entered as evidence, but without certain safeguards, the testimony is unlikely to be accepted by courts, says Phillip Zisook at Schoenberg Finkel.

  • NJ Policyholders Could Still See Recovery For COVID Losses

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    Although New Jersey state and federal courts have decided the majority of dispositive motions in COVID-19 business interruption insurance cases in favor of insurers, policyholders retain a plausible path to recovery depending on the nature of their loss and the precise policy language at issue, say Lee Epstein and Matthew Goldstein at Flaster Greenberg.

  • Opinion

    NJ Fed. Court Should Ditch Litigation Funding Disclosure Plan

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    The District of New Jersey's wide-reaching proposal to require automatic disclosure of third-party litigation finance poses several problems for attorneys and litigants alike and should be nipped in the bud, say Sarah Williams and Marlon Becerra at Validity Finance.

  • Law Firm Talent Must Reflect Shifting US Demographics

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    Stephanie Scharf at Scharf Banks and Roberta Liebenberg at Fine Kaplan analyze and project U.S. demographic trends to show that law firms that hope to succeed long-term must recruit, retain and advance female lawyers and lawyers of color, and they outline six steps for meeting these goals.

  • Ruling Shows Medicare Confusion Can Lead To Costly Results

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    A recent New Jersey district court ruling shows that workers over 65 may incur steep medical bills if they misunderstand the convoluted and sometimes arbitrary system governing whether Medicare or employee-sponsored health coverage pays first, says Mark DeBofsky at DeBofsky Sherman.

  • Baby Food Contamination Cases Face Class Action Hurdles

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    Claims of adulterated baby food products have led to putative class actions around the country, but they involve different products, different companies, different state laws and different specific allegations, creating significant obstacles to class certification, say attorneys at Phillips Lytle.

  • Opinion

    Judges Should Foster Diversity In MDL Leader Appointments

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    Through their powerful function as gatekeepers, judges should open the gate to minority practitioners when appointing leadership positions in widely influential multidistrict litigation and begin to correct the disparities that have long plagued the legal industry, say Majed Nachawati and Michael Gorwitz at Fears Nachawati.

  • A Biz Strategy Model To Improve Lateral Atty Hiring Diversity

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    Quantitative comparison tools commonly used by companies in evaluating merger targets will allow law firms to assess lateral hire candidates in a demographically neutral manner, help remove bias from the hiring process and bring real diversity to the legal profession, says Thomas Latino at Florida State University.

  • How Trade Dress Law Has Evolved During COVID

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    As consumers return to in-store shopping and retailers shift strategies to boost products' shelf appeal, it's important to note that trade dress case law developments during the pandemic have emphasized a fine line between identity of brand and that of function, say Howard Hogan and Laura Mumm at Gibson Dunn.

  • NextEra Ruling Could Support Initial-Bidder Expense Claims

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    The Third Circuit’s recent broad decision that NextEra's unsuccessful merger bid for Energy Future Holdings could nevertheless benefit EFH's bankruptcy estate provides future stalking horse bidders substantial leverage and may establish an alternative way for them to recover transactional expenses, says Ronit Berkovich at Weil.

  • Smaller Firms Need Employee Wellness Programs, Too

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    As we emerge from the pandemic, small and midsize firms — which offer an ideal setting for companywide connection — should follow in the footsteps of larger organizations and heed the American Bar Association’s recommendations by adopting well-being initiatives and appointing a chief wellness officer, says Janine Pollack at Calcaterra Pollack.

  • US Offshore Wind Poised For Growth, But Challenges Remain

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    Recent Biden administration policy moves signal strong support for offshore wind power development on both the Atlantic and Pacific coasts, but wind projects will need to overcome a number of logistical hurdles to achieve emissions reduction goals, says Tyler Williams at Covington.

  • Stop Networking, Start Relationship Marketing

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    USA 500 Clubs' Joe Chatham offers four tips for lawyers to get started with relationship marketing — an approach to business development that prioritizes authentic connections — and explains why it may be more helpful than traditional networking post-pandemic.

  • What Attorneys Should Know About Fee Deferral

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    Milestone Consulting’s John Bair explores contingency-fee structuring considerations for attorneys, laying out the advantages — such as tax benefits and income control — as well as caveats and investment options.

  • Predictions On Pandemic's Lasting Impact On Legal Education

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    The pandemic accelerated the pace of technological change for legal education, and some of the changes to how law school courses are taught and on-campus interviews are conducted may be here to stay, says Leonard Baynes at the University of Houston.

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