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New Jersey
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September 06, 2024
NJ Atty Censured Over 'Protracted Conflict Of Interest'
A New Jersey attorney has been censured in connection with his representation in an action over environmental contamination of a real estate property.
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September 06, 2024
Indicted Power Broker, Atty Brother Hit With Civil RICO Suit
Philadelphia developer Carl Dranoff has accused the indicted brothers George E. Norcross III, a New Jersey power broker, and Parker McCay CEO Philip A. Norcross of causing him and his company millions of dollars in damages by intimidating and extorting him out of his property development rights in the city of Camden, New Jersey.
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September 05, 2024
Menendez Ally Admits To Bank Fraud After Bribery Conviction
The former Mariner's Bank CEO convicted alongside former U.S. Sen. Robert Menendez, who prosecutors said took gold bars and other luxuries as bribes, has again pled guilty in a separate case to a bank fraud charge related to a $1.8 million loan he took out in someone else's name, prosecutors announced Thursday.
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September 05, 2024
Coinbase, Execs Must Face Investor Suit Over Business Risks
A New Jersey federal judge on Thursday declined to dismiss a consolidated investor class action against Coinbase and its executives over disclosures the cryptocurrency exchange made about certain business risks it faced, although he trimmed certain allegations deemed to be, among other things, corporate puffery.
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September 05, 2024
Lawmakers, AGs Urge Justices To OK Denial Of E-Cig Apps
A coalition of state attorneys general and a group of Democratic Congress members are backing the U.S. Food and Drug Administration in its fight to persuade the U.S. Supreme Court to overturn a decision striking down the denials of applications to market flavored vapes.
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September 05, 2024
Clubman Talc Settles Prominent Developer's Asbestos Claims
The company behind Pinaud Clubman talcum powder products has settled claims that its merchandise contained asbestos and caused cancer in a real estate developer described by attorneys for co-defendant Johnson & Johnson as the "Donald Trump of Springfield, Massachusetts."
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September 05, 2024
Lupin Infringes Exeltis Contraceptive Patents, Judge Finds
Mumbai-based generic-pharmaceuticals company Lupin Pharmaceuticals Inc. has infringed five patents of the estrogen-free contraceptive Slynd, a Delaware federal judge said Wednesday, finding in favor of Spanish pharmaceutical company Insud Pharma and its New Jersey-based division Exeltis USA Inc. on all asserted claims.
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September 05, 2024
Investment Firm Fights Order To Return Docs In NJ Bias Suit
A Black-owned investment firm accusing BlackRock Inc. and New Jersey of squeezing it out of a lucrative contract has challenged a U.S. magistrate judge's order to return redacted emails to the Garden State, arguing that the order was made without a full written record or a requested conference on the privilege dispute.
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September 05, 2024
3rd Circ. Relieves Insurer Of Additional UIM Coverage
The Third Circuit reversed an early win a lower court handed to a couple whose son suffered serious injuries in a motorized dirt bike accident, finding that the couple's insurer needn't pay an additional $250,000 under another household policy because of the policy's household vehicle exclusion.
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September 05, 2024
Split 3rd Circ. Won't Rule Out Pa. As Wiretapping Suit Forum
The Third Circuit ruled in a precedential opinion Thursday that a lower court must reconsider if Pennsylvania consumers can sue for privacy violations caused by session replay software, reviving a portion of consolidated wiretapping class claims over activity tracking on websites for companies including Papa John's and Mattress Firm.
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September 05, 2024
Fraud Claims Trimmed In Faulty VW Turbocharger Suit
A New Jersey federal judge has thrown out the bulk of a putative class action suit from a woman alleging vehicles made and sold by Volkswagen Group of America Inc. had faulty turbochargers, only allowing a claim that the automaker was aware of the defect and failed to warn buyers.
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September 05, 2024
EPA Unveils $151M Cleanup Plan For NJ Superfund Site
The U.S. Environmental Protection Agency announced Thursday a $151.1 million deal to cover the federal agency's past and future costs of cleanup at a New Jersey superfund site with high levels of lead contamination.
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September 04, 2024
SEC Fines NJ Financial Cos. For Whistleblowing Violations
New Jersey-based brokerage Nationwide Planning Associates Inc. and two affiliated investment advisers have agreed to collectively pay $240,000 to settle allegations that they prevented their clients from acting as whistleblowers, the U.S. Securities and Exchange Commission announced Wednesday.
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September 04, 2024
3rd Circ. Revives Machinery Worker's Disability Bias Suit
The Third Circuit reopened a former machinery worker's lawsuit alleging he was fired because he requested light-duty assignments following an on-the-job back injury, saying Wednesday a trial court used an outdated standard to conclude that federal law didn't consider his temporary pain a disability.
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September 04, 2024
Whittaker Seeks $535M Deal In Talc Cases Tied To Berkshire
Bankrupt talc supplier Whittaker Clark & Daniels Inc. asked a New Jersey bankruptcy court to approve a $535 million settlement that will resolve claims against companies including Berkshire Hathaway Inc., chemical distributor Brenntag and DB US Holding Corp.
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September 04, 2024
Glenmark Will Pay $25M To End Feds' Price-Fixing Suit
Glenmark Pharmaceuticals USA will pay $25 million to resolve allegations that it violated the False Claims Act by conspiring to fix the price of a generic high cholesterol drug, federal prosecutors announced Wednesday.
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September 04, 2024
NJ Health System Wins Access To Fraud File In Antitrust Fight
A New Jersey federal judge Wednesday allowed health system RWJBarnabas Health Inc. to move ahead with a subpoena on the New Jersey State Commission of Investigation in a case in which RWJBarnabas is accused of antitrust violations by rival health system CarePoint Health Management Associates LLC.
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September 04, 2024
Former Michelin Tire Factory Site Worth $30M, NJ Jurors Told
The owner of a 22-acre former Michelin Tire factory in Milltown, New Jersey, told jurors Wednesday it should be paid at least $30 million by a borough redevelopment agency to acquire the property through eminent domain for the construction of a 350-unit mixed-use residential development.
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September 04, 2024
NLRB Says Deference Not Needed In Solo Protest Case
The U.S. Supreme Court's recent decision abandoning its long-standing deference to administrative agencies should not affect the Third Circuit's review of a National Labor Relations Board order broadening when individual employees engage in protected actions, the agency argued in a brief to the appeals court.
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September 04, 2024
McElroy Deutsch's Former CFO Fights Bid To Sink Ch. 11 Case
The currently incarcerated former chief financial officer for McElroy Deutsch Mulvaney & Carpenter LLP denied that his Chapter 11 filing was a bad faith maneuver meant to stall ongoing civil litigation, claiming instead that the bankruptcy will allow for the liquidation of property for the benefit of creditors.
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September 04, 2024
McCarter & English Rips Challenge To Malpractice Win In NJ
McCarter & English LLP panned a pharmaceutical company's attempt to undo the firm's victory in a malpractice case last month, telling a New Jersey state court that issues the company raised in its motion to reconsider had "no impact" on the decision granting the firm a win.
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September 04, 2024
Election Year Surprise? GOP Judges Opening Seats For Biden
Well ahead of fall elections that could flip the White House and U.S. Senate to Republicans, many GOP-appointed judges are retiring and giving Democrats opportunities to fill key seats before Republicans can capitalize on any wins at the polls, and several of the judges discussed the political backdrop with Law360.
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September 04, 2024
J&J Hit With $1B Damages In Del. Merger Milestone Fight
Johnson & Johnson owes more than $1 billion to a medical robotics developer and entrepreneur caught up in a multibillion-dollar post-acquisition dispute, a Delaware vice chancellor ruled Wednesday.
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September 03, 2024
Ivy Leaguers Withdraw Opposition To NCAA's $2B NIL Deal
Two Brown University athletes have withdrawn their opposition to the NCAA's proposed $2.78 billion name, image and likeness settlement, telling a federal judge in California on Tuesday that they've been assured it will not impact their own antitrust case against several Ivy League schools.
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September 03, 2024
HQ Specialty Looks To Fix Patent Flaws After Delaware Trial
HQ Specialty Pharma Corp. said Tuesday that it will correct flaws in its patent for an injectable calcium supplement that led a federal jury in Delaware to find it partially invalid last week and then will seek a court order to stop generic-drug maker Fresenius Kabi USA LLC from selling its allegedly infringing product.
Expert Analysis
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.
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What 100 Federal Cases Suggest About Changes To Chevron
With the U.S. Supreme Court poised to overturn or narrow its 40-year-old doctrine of Chevron deference, a review of 100 recent federal district court decisions confirm that changes to the Chevron framework will have broad ramifications — but the magnitude of the impact will depend on the details of the high court's ruling, say Kali Schellenberg and Jon Cochran at LeVan Stapleton.
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Notable Q1 Updates In Insurance Class Actions
Mark Johnson and Mathew Drocton at BakerHostetler discuss notable insurance class action decisions from the first quarter of the year ranging from salvage vehicle titling to rate discrimination based on premium-setting software.
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Opinion
Viral Deepfakes Of Taylor Swift Highlight Need For Regulation
As the nation grapples with addressing risk from artificial intelligence use, the recent circulation of AI-generated pornographic images of Taylor Swift on the social platform X highlights the need for federal legislation to protect nonconsenting subjects of deepfake pornography, say Nicole Brenner and Susie Ruiz-Lichter at Squire Patton.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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Court Clerk Error Is No Excuse For A Missed Deadline
Two recent Virginia Court of Appeals decisions in which clerical errors led to untimely filings illustrate that court clerks can be wrong about filing deadlines or the date an order was entered, underscoring the importance of doing one's own research on filing requirements, says Juli Porto at Blankingship & Keith.
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Circuit Split Brews Over Who's A Securities Seller Under Act
A Securities Act section that creates private liability for the sale of an unregistered security is rapidly becoming a favored statute for plaintiffs to wield against participants in both the digital asset and traditional securities markets, but the circuit courts have diverged on who may be held liable for these violations, say Jeffrey L. Steinfeld and Daniel Aronsohn at Winston & Strawn.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.