New Jersey

  • 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.

  • January 31, 2024

    When Managing Partners Watch, Trial Attys Face 2 Juries

    When top managing partners show up in court to sit in on trials, it can provoke angst for rank-and-file trial lawyers, but a recent example in an employment trial against Robert De Niro gave three name partners the rare treat of seeing their team in action.

  • January 31, 2024

    US Bid To Seize Assets In BlockFi Case Hits Another Snag

    A New Jersey bankruptcy judge dealt another blow to the Justice Department's efforts to seize assets stemming from criminal conduct related to the BlockFi bankruptcy, saying the U.S. government cannot pause an adversary case through criminal forfeiture.

  • January 31, 2024

    Drowned Dredging Worker's Widow Hits Feds With $4M Suit

    The Army Corps of Engineers' failure to properly ensure safe working conditions for workers contracted to dredge the Delaware River led to the death of a man who fell from an elevated work platform and drowned, according to a $4 million suit by the man's widow.

  • January 31, 2024

    Aetna Says Plastic Surgery Biz Misusing 'No Surprises' Waiver

    A New Jersey plastic surgery center is misusing patient waivers to skirt the federal No Surprises Act to try to collect "egregiously high charges" for its services, insurance giant Aetna Inc. has told a Garden State federal court.

  • January 31, 2024

    Supernus Wins Ban On Generic Seizure Treatment

    A New Jersey federal judge has handed a win to Supernus Pharmaceuticals Inc. in its bid to bar a competitor from being able to market a generic version of a seizure drug called Trokendi XR for the time being.

  • January 31, 2024

    Ranking NJ Judge Cited Over Secretary's Remote Work

    New Jersey Superior Court Judge Douglas Hurd, the presiding jurist of the Mercer County Civil Division, was hit with a complaint by the judicial conduct watchdog for allowing his secretary to work remotely despite a policy prohibiting that arrangement for her position.

  • January 31, 2024

    3rd Circ. Probes Power Of EPA Advisory In Chemours Fight

    Chemours Co. FC LLC asked a Third Circuit panel Wednesday during an oral argument to endorse their position that a U.S. Environmental Protection Agency health advisory over the company's chemicals carries the same weight as the law, forcing the business into compliance with de facto regulation.

  • January 31, 2024

    NJ Law Firm Seeks Sanctions In Malpractice Suit Led By Rival

    Mazie Slater Katz & Freeman LLC asked a New Jersey federal judge on Wednesday to impose "a substantial monetary sanction" against former-colleague-turned-rival Bruce Nagel and his firm Nagel Rice LLP, arguing that their most recent filing in its legal malpractice suit alleging Mazie Slater overcharged clients in multidistrict litigation over the blood pressure drug Benicar contains frivolous claims and baseless conclusions.

  • January 31, 2024

    NJ Suspends Pa. Atty For 2 Years Over Ethical Lapses In Court

    A Pennsylvania attorney has been handed a two-year suspension in New Jersey, preventing him from practicing law there for ethical violations including making dishonest statements in court, as reciprocal discipline for a two-year suspension ordered in the Keystone State in October 2021.

  • January 31, 2024

    Power Cos. Tell 3rd Circ. FERC Was Locked Into Auction Rules

    Electricity providers told a Third Circuit panel in oral argument Wednesday that the Federal Energy Regulatory Commission improperly changed its rules on the fly in 2023 in order to tweak the results of a PJM Interconnection electricity capacity auction, arguing that once the auction procedures were set, the agency should have been bound to stick with them.

  • January 30, 2024

    Bed Bath & Beyond 401(k) Seeks To End ERISA Suit For Good

    Bed Bath & Beyond's 401(k) committee Tuesday sought to end a putative class action in New Jersey federal court alleging it failed to preemptively remove a MassMutual guaranteed interest account that resulted in low-value investment distributions, arguing it couldn't have predicted high interest rates or its bankruptcy.

  • January 30, 2024

    Holtec, Firm Fined $5M Over NJ Tax Credit Applications

    A New Jersey-based energy technology company and a real estate firm are avoiding criminal prosecution for unlawfully exploiting a state tax incentive program by agreeing to pay $5 million in penalties and be monitored in future applications for state benefits, the state attorney general announced Tuesday.

  • January 30, 2024

    Injured Man Can't Sue Deli Insurer For Payment, 3rd Circ. Says

    The Third Circuit ruled Tuesday that the insurer of a Philadelphia deli doesn't have to indemnify the owner for a $900,000 settlement between him and a man who sued after being stabbed on the premises, reasoning that the victim was barred from relitigating the same issues with the insurance company.

Expert Analysis

  • And Now A Word From The Panel: A One-State MDL?

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    As the Judicial Panel on Multidistrict Litigation prepares for its September hearing session where it will consider a petition in which the two constituent actions are both pending in Pennsylvania, but in different districts, Alan Rothman at Sidley points out that the presence of actions in a single state does not preclude the filing of an MDL petition.

  • Takeaways From Recent Corporate Cooperation Rulings

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    Recent decisions from New York and New Jersey federal courts in U.S. v. Coburn and U.S. v. Tournant suggest that a company’s consistent communication and cooperation with prosecutors does not render it a government actor, but also highlight certain internal investigation pitfalls for corporations to avoid, say attorneys at Sidley.

  • 2 Cases May Expand CFPB's Reach On Deceptive Practices

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    In two separate cases, the Consumer Financial Protection Bureau is asserting a broad interpretation of who is subject to the Consumer Financial Protection Act's prohibition on unfair, deceptive, or abusive acts and practices, raising questions about what an expansion of its authority might mean for consumer credit markets, say John Coleman and Leslie Meredith at Orrick.

  • Exclusivity Loss Holds Power In Trade Secret Damages Claims

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    A Pennsylvania federal court's recent decision in Elite Transit v. Cunningham adds to a growing body of case law that illustrates how the loss of trade secret exclusivity alone may be sufficient for claiming damages, even when commercialization of a trade secret has not occurred, say Christopher DeBaere and Julia Bloch at Archway Research.

  • Section 363 Ruling Lines Up With Avoidance Action Precedent

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    While it is safe to say that avoidance actions in bankruptcy cases are the exception, not the rule, when selling assets in a Section 363 sale, the Eighth Circuit’s recent ruling in Simply Essentials’ Chapter 5 case reveals uniformity among courts that have considered the issue, says Daniel Lowenthal at Patterson Belknap.

  • What Large Language Models Mean For Document Review

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    Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.

  • Checking In On How SuperValu Has Altered FCA Litigation

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    Four months after the U.S. Supreme Court's ruling in U.S. ex rel. Chutte v. SuperValu, the decision's reach may be more limited than initially anticipated, with the expansion of the scienter standard counterbalanced by some potential defense tools for defendants, say Elena Quattrone and Olivia Plinio at Epstein Becker.

  • Series

    Participating In Living History Makes Me A Better Lawyer

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    My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.

  • Opinion

    Private Equity Owners Can Remedy Law Firms' Agency Issues

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    Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.

  • Biden Admin's Mental Health Proposal May Not Be Enough

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    The Biden administration's recent proposed updates to federal mental health care rules acknowledge the difficulty that Americans face in finding and affording care, but may have limited impact due to enforcement challenges, a lack of providers and other issues, say Khaled Klele and Jessica Osterlof at Riker Danzig.

  • How To Protect Atty-Client Privilege While Using Generative AI

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    When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.

  • What FERC-PJM Negotiations Mean For The Energy Industry

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    Following the aftermath of Winter Storm Elliot, disputes associated with the PJM Interconnection settlement negotiations taking place at the Federal Energy Regulatory Commission have brought to the fore a potential legal minefield arising out of extreme weather events that could lead to commercial risks for power generating companies, say attorneys at Hogan Lovells.

  • How New Lawyers Can Leverage Feedback For Growth

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    Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.

  • A Cautionary Tale Of Flawed Debt Accounting And SEC Fines

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    The U.S. Securities and Exchange Commission's recent improper-accounting charges against Malvern Bancorp and its ex-CFO highlight crucial practice issues, including the need to objectively evaluate borrowers' credit, say attorneys at Arnold & Porter.

  • Deepfakes Remain A Threat Ahead Of 2024 Elections

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    Although this electoral season has already seen phony videos and images created to deceive the voting public — and deepfakes are surely destined to become all the more pervasive — there is still a lack of legislative progress on this issue, says Douglas Mirell at Greenberg Glusker.

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