New Jersey

  • February 02, 2024

    3rd Circ. Won't Overturn Fireworks Control IP Decision

    The Third Circuit has refused to overturn an earlier finding that lifted a preliminary injunction blocking Romanian company fireTEK from distributing a product that allegedly infringed a copyright on a U.S. rival's fireworks display communication protocol.

  • February 02, 2024

    NCAA Hoopster Reinstated As Judge Questions Transfer Rule

    A New Jersey federal judge late Friday reinstated a Rutgers basketball player whom the NCAA had suspended for 15 games, ruling that the organization cannot keep him off the court using a now prohibited transfer eligibility rule and that he had shown that doing so would cause him irreparable harm.

  • February 02, 2024

    Coast Guard Owes $35M For 'Kidnapping,' Fishermen Say

    Two fishermen claim they were kidnapped for 10 days at sea by the U.S. Coast Guard, forced to watch as the Coast Guard destroyed their ship, and then were imprisoned for six years on drug trafficking charges that were ultimately dismissed, according to a New Jersey federal lawsuit seeking more than $35 million in damages.

  • February 02, 2024

    Conn. Eye Patient Drops Bausch & Lomb Implant Claims

    A Connecticut woman who said she was injured by an in-eye lens implant and her husband have agreed to drop their claims against Bausch & Lomb in federal court, according to a stipulation filed by the parties following multiple appellate decisions in the couple's favor.

  • February 02, 2024

    McCarter & English To Face Revised Biotech Malpractice Suit

    A New Jersey state judge on Friday permitted a biopharmaceutical company to amend its malpractice suit against McCarter & English LLP to add new claims and avenues to collect damages, finding the changes were "sufficiently pled" and would not be prejudicial to the firm.

  • February 02, 2024

    US Legal Sector Drops 4,400 Jobs In January

    After two months of growth, the U.S. legal sector saw a decline in job numbers in January, shedding 4,400 positions, according to preliminary data released Friday by the U.S. Department of Labor.

  • February 02, 2024

    Morgan Lewis Accused Of Improperly Helping Health Biz CEO

    A healthcare company with offices in New Jersey alleged this week that a Morgan Lewis & Bockius LLP partner committed malpractice during a deal to sell the company by aiding its then-CEO in negotiating a $9 million bonus for himself, at the expense of the business.

  • February 01, 2024

    Higher Ed Alliance Says Ending DACA Will Decimate Economy

    More than 150 universities and colleges on Thursday backed the Biden administration's quest to save the Deferred Action for Childhood Arrivals program in the Fifth Circuit, saying the program has allowed its recipients to thrive and ultimately benefit the nation's economy.

  • February 01, 2024

    Ex-Server's Injunction Bid Not Valid, NJ Trump Golf Club Says

    A Trump Organization-owned golf club has called on a New Jersey state court to dismiss a former server's request for an injunction as she seeks to void a nondisclosure agreement she claims an attorney induced her to sign after the server accused a manager of sexually harassing her.

  • February 01, 2024

    DOJ Tells 1st Circ. Not To 'Rush' JetBlue, Spirit's Appeal

    The U.S. Department of Justice pushed back Wednesday on JetBlue and Spirit Airlines' bid for the expedited treatment of an appeal that seeks to preserve their $3.8 billion merger after it was blocked by a Massachusetts federal court, telling the First Circuit it has no obligation to meet the airlines' "self-imposed deadline."

  • February 01, 2024

    'Double Team' Argument No Reason To Sever Med Mal Claims

    A New Jersey appeals panel on Thursday reversed a trial court's order to sever claims against a physician's group and one of its employees, rejecting the plaintiff's argument that the group's use of separate counsel would allow it to "double team" him in court.

  • February 01, 2024

    Imerys, Cyprus Mines Propose Ch. 11 Plans With $862M Trust

    Bankrupt talc supplier Imerys Talc America, Inc. and its former owner Cyprus Mines Corp. asked a Delaware bankruptcy court to sign off on disclosure statements for their separate Chapter 11 plans that would create an $862.5 million joint trust to settle claims that their talc caused cancer.

  • February 01, 2024

    3rd Circ. Orders NJ Court To Rethink $29M Verdict Erasure

    The Third Circuit on Thursday provided courts updated guidance for dismissing a case while a defendant is the subject of foreign bankruptcy proceedings, ordering a New Jersey federal judge to look at her decision to vacate a $29 million breach of contract verdict through a different lens.

  • February 01, 2024

    Aetna Escapes Autism Benefits Denial Suit, For Now

    Aetna Life Insurance Co. beat claims that it stiffed an autism treatment center and benefits plan participants for treatment reimbursements, as a New Jersey federal court ruled that workers failed to identify plan language guaranteeing them coverage.

  • February 01, 2024

    3rd Circ. Says EEOC Religious Bias Suit Should Go To Jury

    The Third Circuit revived a U.S. Equal Employment Opportunity Commission suit Thursday claiming a call center employee was forced to quit his job or face termination for taking time off to practice Judaism, ruling that a jury needed to decide if the employee was truly forced to quit.

  • February 01, 2024

    New Jersey AG Says Gun Law Doesn't Target Cop Pot Use

    New Jersey Attorney General Matthew J. Platkin urged a judge to toss Jersey City's suit seeking a declaration that state-level pot legalization is preempted by the Gun Control Act of 1968, pointing to a carveout in the federal law for legal cannabis users who are armed during the course of their work.

  • February 01, 2024

    NJ Says Constitution Doesn't Protect Medical Aid In Dying

    New Jersey's attorney general has asked a Garden State federal court to dismiss a lawsuit alleging a residency requirement in the state's 2019 law allowing terminally ill patients to request life-ending medications violates the U.S. Constitution.

  • February 01, 2024

    Mondis Pushes To Reinstate $45M LG Patent Verdict

    Mondis Technology Ltd. has asked the Federal Circuit to restore a $45 million verdict against rival LG Electronics Inc. over infringement of a TV display patent, telling the appeals court that the lower court shouldn't have ditched its damages analysis based on LG's claims that Mondis referenced licenses that included more patents than the patent-in-suit.

  • February 01, 2024

    Publicis Reaches $350M Opioid Settlement With All 50 States

    Publicis Health LLC settled a lawsuit on Thursday with all 50 U.S. states, the District of Columbia, and several U.S. territories for $350 million over claims that it helped exacerbate the opioid crisis through its work with Purdue Pharma, the manufacturer behind OxyContin.

  • February 01, 2024

    Real Estate Rumors: Fortinet, Kayne Anderson, Northwind

    Fortinet has reportedly bought a Santa Clara campus for $192 million, Kayne Anderson is believed to be associated with the buyer of a $55.8 million apartment complex near Ohio State University and Northwind Group is said to be the lender behind a $70 million mortgage for a property in Jersey City.

  • February 01, 2024

    3rd Circ. Backs NJ Town's Abortion Clinic Buffer Zones

    The Third Circuit has stood by a New Jersey town's ordinance creating eight-foot buffer zones around healthcare facilities that protesters cannot enter, rejecting arguments from an anti-abortion activist that the zones restricted her free speech rights by stopping her from following women seeking abortions all the way to the door.

  • February 01, 2024

    Gibbons' Exec Chair Departs After Over 3 Decades With Firm

    Gibbons PC announced on Thursday that a longtime leader who shepherded the firm through a merger, expansions and a rebranding has departed after more than three decades with the firm, including the past 20 years in leadership posts.

  • February 01, 2024

    Ex-McElroy Deutsch Exec Wants Amex Info In NJ Firing Suit

    A former McElroy Deutsch Mulvaney & Carpenter LLP executive accused along with her husband of stealing $3.2 million from the law firm has demanded financial information about firm employees in her discrimination countersuit, shortly after a similar discovery request in a suit where she is the defendant was tossed.

  • January 31, 2024

    3rd Circ. Affirms Trimming Of Probate Claims In Estate Row

    The Third Circuit said on Wednesday that a federal court should not exercise authority over a disputed estate while a state court has custody and is adjudicating a parallel case, finding that a Pennsylvania district court got it right when it declined to intervene in an inheritance dispute connected to a law firm's alleged mismanagement of an estate.

  • January 31, 2024

    Worker-Centered Trade Faces Headwinds From Lawmakers

    President Joe Biden's goal to recalibrate international trade to support middle-class jobs is facing headwinds following a series of trade negotiation setbacks, an exodus of high-level staffers, and now a congressional threat to his nomination of a deputy trade representative.

Expert Analysis

  • Opinion

    Newman Suspension Shows Need For Judicial Reform

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    The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.

  • How And Why Your Firm Should Implement Fixed-Fee Billing

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    Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Why Standing Analysis Is Key In Data Breach Mediation

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    Amid a growing wave of data breach class action litigation, recent legal developments show shifting criteria for Article III standing based on an increased risk of future identity theft, meaning parties must integrate assessments of standing into mediation discussions to substantiate their settlement demands in data breach class actions, says Abe Melamed at Signature Resolution.

  • Opinion

    Judicial Independence Needs Defense Amid Political Threats

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    Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.

  • How Life Sciences Cos. Can Prevent Securities Class Actions

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    Though the overall volume of securities fraud class actions has dipped in the last couple of years, life sciences companies remain a particularly popular target for these filings and should employ best practices to minimize risk, say Joni Jacobsen and Angela Liu at Dechert.

  • How Law Firms Can Use Account-Based Marketing Strategies

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    Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.

  • Navigating Over-The-Counter Product Ads After FTC Warning

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    Attorneys at Hunton examine advertising substantiation requirements under both the Federal Trade Commission Act and Lanham Act, following recent FTC letters informing hundreds of companies that over-the-counter product marketing claims must be corroborated by scientific evidence.

  • AGs' Distaste For Food Bill May Signal Other State Issues

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    States' recent opposition to a proposed federal law that would block them from regulating out-of-state agricultural production could affect issues beyond this narrow debate, such as the balance of state and federal regulatory power, reproductive rights post-Dobbs, and energy production and water use, say Christopher Allen and Stephen Cobb at Cozen O'Connor.

  • Strategic Succession Planning At Law Firms Is Crucial

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    Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.

  • NJ Law Reinforces States' Stance Against Card Surcharges

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    A recently passed New Jersey law limiting sellers' credit card surcharges is the latest instance of state efforts to prohibit or restrict such practices, highlighting a complex legal battle between constitutional rights and consumer protection principles, says Tom Witherspoon at Stinson.

  • Maximizing Law Firm Profitability In Uncertain Times

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    As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.

  • FLSA Ruling Highlights Time Compensability Under State Law

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    While the Third Circuit's August decision in Tyger v. Precision Drilling endorsed the prevailing standard among federal courts regarding time compensability under the Fair Labor Standards Act, it also serves as a reminder that state laws will often find a broader range of activities to be compensable, say Ryan Warden and Craig Long at White and Williams.

  • 5th Circ. Ruling Reminds Attys That CBP Can Search Devices

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    The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.

  • Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees

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    The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • Appellate Rulings Highlight Telecom Standard Uncertainties

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    Two recent contrasting appellate opinions in Cellco v. White Deer Township and NMSurf v. Webber — interpreting Sections 332 and 253 of the Communications Act, respectively — demonstrate the continuing uncertainty carriers face when challenging state and local requirements that may impede their provision of telecommunications services, say attorneys at Davis Wright.

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