New Jersey

  • 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.

  • January 30, 2024

    Solvay Will Pay $1.4M To Settle NJ 'Forever Chemical' Claims

    Solvay and another chemical manufacturer accused of polluting the Garden State with "forever chemicals" over decades have agreed to pay almost $1.4 million to three proposed classes of residents and property owners, according to a Monday filing in New Jersey federal court.

  • January 30, 2024

    NJ Panel Backs $10M Punitive Award Against State In Bias Suit

    A New Jersey state appeals court has backed a $10 million punitive damages award for a corrections officer denied unpaid leave for a medical condition, reasoning that the award held up under state and U.S. Supreme Court standards for a closer look at punitive damages levied against public entities.

  • January 30, 2024

    Work Reassignment Didn't Warrant NLRB Ire, 3rd Circ. Told

    An art supply company told the Third Circuit on Tuesday that the National Labor Relations Board erred in finding the company violated the law by terminating a temporary worker for raising concerns about alleged racism and workplace conditions, arguing that the worker was never fired.

  • January 30, 2024

    Stryker Can't Slip California Workers' Wage Suit

    Medical device company Stryker cannot escape former workers' wage claims, a California federal judge ruled Tuesday, saying it was unclear whether the company was the workers' employer because it still retained some authority over workers employed by the company's subsidiaries.

  • January 30, 2024

    NJ Firm Accused Of Firing Atty In Whistleblower Suit

    An attorney formerly with Ginarte Gonzalez & Winograd LLP alleges he was fired in retaliation for attempting to document that the Newark, New Jersey-based firm committed malpractice by mishandling a client's workers' compensation claim, and in an effort to cover up the sexual harassment of a paralegal.

  • January 30, 2024

    Davis Wright Taps Ex-SEC Enforcer, DOJ Atty As NY Partner

    A former federal prosecutor and long-time attorney for the U.S. Securities and Exchange Commission has made the move to private practice and joined Davis Wright Tremaine LLP in New York, where he will work with the firm's white collar and SEC enforcement defense teams.

  • January 30, 2024

    Trump Golf Club Says Atty Pushing NDA Was On Her Own

    A former server who says a Trump Organization golf resort fraudulently induced her to sign a nondisclosure agreement after she accused a manager of sexually harassing her should have her suit tossed from New Jersey state court, the resort is arguing, saying her allegations were against a third-party attorney not working as "an employee or agent of the club."

  • January 29, 2024

    NJ Justices Ask If Scooter Rider Is A 'Pedestrian' In Crash Suit

    The definitions of "pedestrian," "vehicle" and "motor vehicle" took center stage Monday during extended oral arguments that tasked the New Jersey Supreme Court with determining whether the operator of a low-speed electric scooter who was struck by an automobile is entitled to personal injury protection benefits from the operator's insurance company.

  • January 29, 2024

    US Trustee, Rite Aid Negotiate Revised Mediation Order

    A New Jersey bankruptcy judge said Monday he would approve a revised mediation order in the bankruptcy of Rite Aid Corp. after the U.S. Trustee's Office suggested changes to an earlier order.

  • January 29, 2024

    HHS Urges Court To Reject Novo Nordisk Drug Plan Challenge

    The U.S. Department of Health and Human Services is asking a New Jersey federal judge to reject the challenge diabetes care drugmaker Novo Nordisk Inc. has been mounting against an effort to establish a drug price negotiation program aiming to lower costs for Medicare's prescription drug plan.

  • January 29, 2024

    Comscore Investor Eyes Board Seat Without Proxy Fight

    An activist shareholder of Comscore announced Monday it will nominate a former advertising technology executive to the audience measurement company's board of directors, and underscored that while the investor aims to avoid a proxy battle after the previous board chair stepped down, the business must still improve.

  • January 29, 2024

    Port Authority Escapes Muslim Worker's Bias Suit At Trial

    A New York federal jury handed a win to the Port Authority of New York and New Jersey in a police recruit's suit alleging she was passed over for promotions and harassed because she's a Turkish Muslim woman.

Expert Analysis

  • Minn. Product Case Highlights Challenges Of Misuse Defense

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    The recent decision by a Minnesota federal court in McDougall v. CRC Industries illustrates that even where a product that is clearly being misused results in personal injuries, manufacturers cannot necessarily rely on the misuse defense to absolve them of liability exposure, says Timothy Freeman at Tanenbaum Keale.

  • Twitter Legal Fees Suit Offers Crash Course In Billing Ethics

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    X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.

  • Avoid Telehealth Pitfalls In A Post-Pandemic Environment

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    As federal and state governments roll out various changes to regulation of telehealth services, health practitioners should remain vigilant and ensure that necessary professional standards — such as proper note-taking and documentation — are not neglected in a remote environment, say attorneys at Kaufman Borgeest.

  • Offshore Wind Auction Results Portend Difficulties In Gulf

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    Results of the Bureau of Ocean Energy Management's recent auction of the Gulf of Mexico lease areas tell different stories about the future of offshore wind in the U.S., with the Gulf’s low interest suggesting uncertainty and the Mid-Atlantic’s strong interest suggesting a promising market, say attorneys at K&L Gates.

  • ABA's Money-Laundering Resolution Is A Balancing Act

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    While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.

  • 2 High Court Cases Could Upend Administrative Law Bedrock

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    Next term, the U.S. Supreme Court will be deciding two cases likely to change the nature and shape of agency-facing litigation in perpetuity, and while one will clarify or overturn Chevron, far more is at stake in the other, say Dan Wolff and Henry Leung at Crowell & Moring.

  • Law Firm Professional Development Steps To Thrive In AI Era

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    As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.

  • Employer Defenses After High Court Religious Bias Decision

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    Following the U.S. Supreme Court's recent ruling in Groff v. DeJoy — which raised the bar for proving that a worker’s religious accommodation presents an undue hardship — employers can enlist other defense strategies, including grounds that an employee's belief is nonsectarian, say Kevin Jackson and Jack FitzGerald at Foley & Lardner.

  • The Basics Of Being A Knowledge Management Attorney

    Excerpt from Practical Guidance
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    Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.

  • The 7 Most Notable FCRA Cases Of 2023 So Far

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    Both consumer reporting agencies and furnishers should take note of Fair Credit Reporting Act decisions by federal district and appellate courts so far this year, especially those concerning dispute processing and the distinction between legal and factual inaccuracies, say attorneys at Troutman Pepper.

  • To Hire And Keep Top Talent, Think Beyond Compensation

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    Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.

  • What Circuit Split May Mean For FCA Kickback Liability

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    The recent circuit split on the meaning of the resulting-from provision in False Claims Act kickback cases could have significant ramifications for FCA liability, as it could affect the standard of causation that plaintiffs must meet to establish liability, say former federal prosecutors Li Yu, Ellen London and Gregg Shapiro.

  • Perspectives

    More States Should Join Effort To Close Legal Services Gap

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    Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.

  • Identifying Trends And Tips In Litigation Financing Disclosure

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    Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.

  • Series

    The Pop Culture Docket: Judge Elrod On 'Jury Duty'

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    Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.

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