New Jersey
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February 14, 2020
Trump Admin. Says Illegal Structure Shouldn't Doom CFPB
The Trump administration is supporting a U.S. Supreme Court challenge to the structure of the Consumer Financial Protection Bureau, but told justices Friday that the California law firm that brought the case is going too far by calling for the whole agency to be scrapped.
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February 14, 2020
Guatemalans Seeking Asylum Avoid Deportation At 3rd Circ.
A Guatemalan man and his 7-year-old daughter were spared deportation to Mexico under a policy that sends asylum-seekers south of the border while the government processes their cases, with the Third Circuit saying the migrants' claims had to be decided "now or never."
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February 14, 2020
Dems Probe Upstart, Others On Fair Lending Concerns
A group of Democratic senators has asked Upstart for information about its practices after a report found the lender may be charging higher interest rates to students who graduated from historically black colleges and universities and Hispanic-serving institutions.
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February 14, 2020
NJ Lawmakers Move Bills To Protect Cannabis Users, Insurers
New Jersey state legislators have advanced two cannabis-related bills, one of which would protect insurers that work with cannabis companies while the other would require coverage of medical marijuana under workers' compensation and personal injury protection in certain cases.
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February 14, 2020
What Attys Should Know As Juul Battles Blaze Of Litigation
A litigation firestorm surrounding e-cigarette colossus Juul Labs is threatening to engulf many other players in the multibillion-dollar vaping market and appears poised to test innovative theories in product liability law. Here, Law360 explains the key cases and issues that attorneys should watch.
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February 14, 2020
Menendez-Connected Eye Doc Asks 11th Circ. For New Trial
A Florida ophthalmologist who escaped corruption charges alongside his longtime friend U.S. Sen. Bob Menendez, D-N.J., fought his Medicare fraud conviction Friday, telling the Eleventh Circuit that the district court should never have allowed prosecutors to show jurors an "outrageous" chart comparing the doctor to his alleged peers.
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February 14, 2020
E-Biz Players Pinning Hopes On 3rd Circ. Amazon Ruling
Digital marketplaces are hoping the full Third Circuit will rule that Amazon Inc. can’t be held liable for a defective product it didn't manufacture, a case experts say could stunt an industry undergoing exponential growth if it doesn't go in favor of the online retail giant.
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February 14, 2020
Juul Rival Warned That TM Suit Is Nothing To 'LOL' About
A New Jersey federal judge has slammed an e-cigarette company for its "cavalier attitude" in a trademark lawsuit filed against it by Juul Labs, warning the accused infringer not to expect the court to tolerate "LOL" as a response to its orders.
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February 14, 2020
EPA Lead-Water Rule Proposal Draws Mixed Reactions
Green groups and some states have told the U.S. Environmental Protection Agency that its proposed regulations updating standards for lead contamination in drinking water don't go far enough, while some water utility groups told the EPA the effort would be costly and time-intensive.
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February 14, 2020
Architect In $10.7M Princeton Suit Says It's Not To Blame
An architectural firm facing a $10.7 million federal lawsuit from Princeton University alleging the institution endured project delays and cost overruns from a new building pointed its finger on Friday at two contractors who’d previously been uninvolved in the case.
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February 14, 2020
Taxation With Representation: Latham, Skadden, Wachtell
In this week’s Taxation With Representation, Simon Property Group buys mall operator Taubman for $3.6 billion, Fidelity National and insurance provider F&G make a $2.7 billion merger, and Revolution Medicines makes a $238 million public debut.
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February 14, 2020
Ex-College Prez Must Provide Data For Residence Inquiry
A New Jersey state judge on Friday sharply warned that the ex-president of Essex County College must give the institution electronic tracking data related to where she lived while serving in that role, or she'll be cut from a suit alleging she and the college's former general counsel were fired in a retaliatory scheme.
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February 14, 2020
Coke Buyers Get Partial Class Cert. In False Ad MDL
A California federal judge certified six state classes Friday in multidistrict litigation accusing The Coca-Cola Co. of misleading buyers by claiming the soda contains no artificial flavors, but he denied certification to the classes' common law claims.
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February 14, 2020
Patients Sue NJ Hospital Chain Over 2019 Ransomware Attack
Two consumers have hit Hackensack Meridian Health Inc. with a proposed class action in New Jersey federal court, accusing the hospital network of compromising thousands of patients’ personal information during a ransomware attack in December.
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February 13, 2020
Convicted NJ GOP Bigwig Seeks To Duck Prison Amid Appeal
Ex-Gilmore & Monahan PA partner and onetime Republican power broker George Gilmore asked a New Jersey federal court Thursday to let him stay out of prison while he appeals his conviction for payroll tax violations and a falsified bank loan application, citing no risks of him fleeing or causing harm.
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February 13, 2020
3rd Circ. Denies Class Arbitration In Statoil Royalty Feud
The Third Circuit on Thursday shot down claims from a pair of landowners in a dispute with a subsidiary of the former Statoil ASA that their gas leases with the company mandated classwide instead of bilateral arbitration in a dispute over alleged unpaid royalties.
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February 13, 2020
GOP Vows To Fill Vacancies, But Now Depends On Dems
The White House on Thursday revived 10 nominations for district courts in California as the Republican drive to fill every judicial vacancy enters a challenging phase that will require cross-party cooperation to confirm trial judges mostly in states with Democratic senators.
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February 13, 2020
NJ Appeals Court Gives Newark New Trial In Car Crash Suit
A New Jersey appeals court ruled Thursday that the city of Newark deserves a new trial in a case brought by a woman who won a jury award of $400,000 after a vehicle crash with a city employee, saying the trial judge wrongly barred the city's expert from testifying on delayed discovery amendments.
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February 13, 2020
Insurer Aims To Undo McCarter Fee Ruling In School IP Fight
A school’s insurer claimed a New Jersey state judge relied on an inapplicable standard in urging him to undo a ruling that the business must cover attorney fees charged by McCarter & English LLP for trademark litigation work performed before the institution notified the insurance company about the case.
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February 13, 2020
Ex-Morgan Stanley Exec Can't Dodge Arbitration In Bias Case
A New Jersey state appeals court refused to upend a lower court’s order that a former Morgan Stanley Smith Barney LLC executive has to hash out her age and gender bias lawsuit out of court, ruling Thursday that she signed a “clearly worded” arbitration agreement.
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February 13, 2020
J&J Unit Settles Noncompete Dispute With Texas-Based Rival
Johnson & Johnson unit DePuy Synthes reached a settlement with a Texas-based medical device company it sued for allegedly enticing DePuy sales associates to violate their noncompete obligations, according to a Texas federal court filing.
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February 12, 2020
Air Charter Co. Execs Can't Slip Fraud Convictions At 3rd Circ.
The Third Circuit has upheld two charter airline executives' convictions for stealing millions in passenger payments by lying and falsifying documents, saying Wednesday that documents found after trial — previously thought destroyed — would not have changed the outcome.
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February 12, 2020
21 AGs Oppose DHS Rule Barring Asylum Seekers At Border
Twenty states and the District of Columbia urged the Ninth Circuit Tuesday to uphold a lower court decision temporarily barring the Trump administration from blocking entry of non-Mexican asylum seekers caught in that country when new restrictions took effect for in-transit, “third country” immigrants.
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February 12, 2020
Glencore Seeks To Dismiss Stock-Drop Suit Over FCPA Probe
Mining giant Glencore PLC told a New Jersey federal judge that his court's lack of personal jurisdiction was among the many faults that required dismissal of a stock-drop suit connected to announcements that the Swiss company's overseas dealings were being investigated.
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February 12, 2020
Ex-Judge Accused Of Being Drunk On Job Faces Docs Fight
Newark, New Jersey, urged a federal court Wednesday to stop a former municipal judge from getting her hands on communications dealing with closed sessions of the city council as she pursues a lawsuit alleging that she was falsely accused of being drunk on the job before her wrongful termination.
Expert Analysis
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Universities Shouldn't Roll Dice On Sports Betting Compliance
As states across the U.S. legalize sports betting, universities must be willing to amend their compliance programs to protect their institutions, student-athletes, athletic conferences and the integrity of games, say attorneys at Cadwalader.
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Opinion
Legal Prediction Is Demanding But Not Impossible
The New Jersey Supreme Court’s recent decision in Balducci v. Cige incorrectly concluded that predicting the length and cost of a case is nearly impossible, and overlooked artificial intelligence's ability to do so, says Joseph Avery with Claudius Legal Intelligence.
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Ruling On FERC’s Tolling Orders Could Slow Pipelines
If the D.C. Circuit reins in the Federal Energy Regulatory Commission’s use of tolling orders — which delay court challenges to FERC directives — landowners might be gratified, but interstate pipeline construction projects could face added delays, says Richard Drom of Eckert Seamans.
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How Cos. Can Prepare For Heartburn Drug Cancer Claims
As legal claims mount following the U.S. Food and Drug Administration's recent announcement that traces of a carcinogen were found in a common antacid medication, companies that act soon have the best chance to shape the arc of litigation, say Michael Tanenbaum and Kelly Belnick of Tanenbaum Keale.
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What Cos. Need To Know About New Washington Privacy Bill
Companies should attend to the nuances of the latest version of the Washington Privacy Act, which departs from the California Consumer Privacy Act in several key areas, say attorneys at Husch Blackwell.
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FERC Issues For Natural Gas Cos. To Watch In 2020
The Federal Energy Regulatory Commission's use of tolling orders, its position on eminent domain authority and its makeup after the presidential election could have a big impact on participants in interstate natural gas pipeline and liquefied natural gas projects this year, say attorneys at K&L Gates.
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Malpractice Landscape Is Becoming Riskier For BigLaw
A recent survey of lawyers’ professional liability insurers revealed an increase in malpractice claims against law firms, suggesting clients will demand more accountability in the coming decade, say Gerald Klein and Amy Nguyen at Klein & Wilson.
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Series
Judging A Book: Humetewa Reviews 'Guilty People'
In her new book, "Guilty People," Abbe Smith successfully conveys that seeing ourselves in people who commit crime may be the first step to exacting change in our justice system, says U.S. District Judge Diane Humetewa of the District of Arizona.
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7 Legal And Business Considerations For Influencer Marketing
Influencers, agencies, brands and their technology partners should formalize their marketing programs, policies and contract terms in order to comply with increased state and federal regulation, say Vejay Lalla and Shizuka Tiernan of Fenwick.
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Federal-State Employment Law Divide Reveals Systemic Flaw
The current lack of synchrony between federal and state employment laws suggests a flaw in the system that is testing the limits of our democracy, says Hollie Reiminger at Fisher Phillips.
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4 Problems With NJ Sick Leave Law Regulations
The New Jersey Department of Labor and Workforce Development’s recently finalized regulations for the state’s straightforward Earned Sick Leave Law unnecessarily extend coverage, complicate calculations, increase employer costs, and may conflict with federal labor and benefits laws, says Jed Marcus at Bressler Amery.
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NY Law Against Roofing Contractor Fraud Could Be Broader
New York legislation going into effect in May will undoubtedly help protect homeowners from fraudulent and unscrupulous contractors following natural disasters, but would be stronger if it included a private right of action for technical and substantial violations, treble damages, and personal liability, say Gary Strong and Benjamin Schimelman at Gfeller Laurie.
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Getting State Approvals For Energy Storage Siting
Many state laws are still ambiguous about regulatory oversight of energy storage facility siting, so energy storage developers should consider proactively engaging with state regulators to determine whether they will assert jurisdiction, says Andy Flavin of Troutman Sanders.
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Legislation Pushes EPA And Cos. To Reckon With PFAS
With provisions that increase reporting and monitoring obligations for per- and polyfluoroalkyl substances, the National Defense Authorization Act is forcing the U.S. Environmental Protection Agency to accelerate its plans for dealing with PFAS contamination, say attorneys with Sidley.
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Series
Why I Became A Lawyer: Following A Serendipitous Path
I went to law school intending to pursue a career in politics, inspired by Ted Sorensen and Gary Hart — but learning to solve problems in a new and exciting way drew me to litigation, says David Goodman of Goodman Law Group Chicago.