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New Jersey
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July 31, 2024
NJ Clinic Immune From Personal Injury Claims, Panel Rules
A New Jersey appellate panel has backed the dismissal of a patient's lawsuit alleging that she was seriously injured by a slip and fall at a Garden State health clinic, ruling that the clinic is immune from the suit because it is a nonprofit organized to provide charitable health education services.
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July 31, 2024
Age Limits On Owning Senior Units Unlawful, NJ Panel Says
A New Jersey appellate panel on Wednesday backed a lower court's finding that a Garden State municipality's ordinance limiting property ownership in senior housing communities to those 55 years old or older violated the federal Fair Housing Act and state Law Against Discrimination, holding that both statutes prohibit discrimination based on familial status.
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July 31, 2024
Rutgers 'Caught Red Handed' In Discovery Row, Ex-Student Says
A Jewish law student who filed a discrimination suit against Rutgers pressed a New Jersey state court to sanction the university for moving ahead with disciplinary measures against him, arguing it "got caught red handed" in trying to circumvent a court order to get discovery from him.
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July 31, 2024
Fox Rothschild Faces Malpractice Suit Over Land Row
Two siblings have brought legal malpractice claims against Fox Rothschild LLP and a firm partner in New Jersey state court, accusing the lawyer of bungling a 1984 property deed and a 1993 trust belonging to their stepfather.
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July 31, 2024
Judge Refuses To Rethink Injury Firm Conflict Of Interest DQ
A law firm was properly disqualified from a family's design defect lawsuit against Home Depot USA Inc. and makers of a lawn mower, a New Jersey federal judge has ruled, confirming a prior finding that a conflict of interest arose between the father and daughter when the companies countersued the father.
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July 30, 2024
Pa. House Majority Leader Fights Robocall Suit At 3rd Circ.
The Democratic majority leader of the Pennsylvania House of Representatives on Tuesday asked the Third Circuit to undo a ruling that his automated calls informing constituents about government programs violated the Telephone Consumer Protection Act.
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July 30, 2024
Starbucks Gets White Ex-Worker's Bias Suit Pared Down
A New Jersey federal judge on Tuesday trimmed a white former Starbucks store manager's lawsuit alleging she was fired to help the coffee company save face amid accusations of discrimination against Black workers, ruling she filed several claims too late.
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July 30, 2024
NJ Men Accused Of Running $6.7M Fuel Investment Scam
Two Middlesex County men ran a scheme using fake identities and "sham companies" to defraud investors out of about $6.7 million that they thought was going into fuel products businesses, according to an indictment announced Monday by New Jersey Attorney General Matthew J. Platkin.
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July 30, 2024
3rd Circ. Upends Nonprofit's Win In Age, Disability Bias Suit
The Third Circuit reinstated a lawsuit a drug counselor brought against a nonprofit treatment center that he said refused to hire him because he was in his mid-60s and had a leg disability, ruling Tuesday that the lower court relied on an outdated interpretation of federal civil rights law.
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July 30, 2024
DC Circ. Tosses FERC's OK Of Northeast Pipeline Expansion
The D.C. Circuit on Tuesday threw out the Federal Energy Regulatory Commission's approval of a Northeast pipeline expansion, ruling that the agency overlooked the project's "enormous" greenhouse gas emissions and failed to properly consider the lack of market need for the added natural gas capacity.
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July 30, 2024
No Damage Needed To Replace NJ Beach House, Panel Says
New Jersey property owners looking to replace an existing structure located in a flood hazard area don't have to show it's in an unusable condition, a state appellate panel ruled Tuesday, backing the state Department of Environmental Protection's denial of a request by neighbors to rescind a developer's permit to replace a beachfront home.
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July 30, 2024
NJ Judge Off The Bench For Cursing, Gifting Giants Tickets
A New Jersey municipal judge accused of using profanity in the courtroom, fraternizing with police officers at a Hooters restaurant and gifting New York Giants tickets to the town's code enforcement officer has been removed from the bench, the state Supreme Court said Tuesday.
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July 30, 2024
Former Prosecutor 'Coming Back Home' To NJ Boutique
After prosecuting federal healthcare crimes in New Jersey, a former assistant U.S. attorney has returned to boutique firm Calcagni & Kanefsky LLP to guide clients as part of the firm's white collar criminal and regulatory defense and investigations practice with a focus on healthcare litigation and licensing, the firm announced Tuesday.
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July 29, 2024
Live Nation Judge Tightens In-House Counsel's Access To Docs
A New York federal judge imposed new restrictions Monday on Live Nation in-house counsel's access to documents and testimony from witnesses from its rivals in the U.S. Department of Justice's antitrust lawsuit, tightening a days-old two-tiered system after hearing concerns from those competitors.
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July 29, 2024
USPS Backs Oshkosh's Sealing Bid In New Vehicle Plan Case
The U.S. Postal Service on Friday backed Oshkosh Defense's request to seal their confidential supplier contract terms in litigation challenging the agency's decision to replace its aging delivery fleet with only 62% electric vehicles, arguing rivals could use the information to undercut the USPS when negotiating their own supplier contracts.
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July 29, 2024
Election Atty's NJ Courts Bid To Boot RFK From Ballot Denied
A New Jersey state judge on Monday tossed an election lawyer's attempt to remove Robert F. Kennedy Jr. from the state ballot as an independent presidential candidate, ruling the attorney must file an objection to Kennedy's presidential bid with the Garden State's secretary of state.
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July 29, 2024
Law Firm Can't Nix $2.9M Judgment Over Concussion Fees
A law firm that represented National Football League players in a multidistrict litigation over the league's handling of concussions can't avoid a litigation funding agency's $2.9 million judgment against it, after a Pennsylvania federal judge shot down Mitnick Law Office's arguments that the fees being garnished fell under various exceptions.
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July 29, 2024
8 Ex-Employees Say NJ Firm Didn't Pay OT, Paid Women Less
Davis Saperstein & Salomon PC has been hit with a pair of lawsuits in New Jersey state court alleging the Bergen County-based personal injury firm didn't pay overtime wages, paid its female employees less than their male colleagues and subjected a pregnant woman to a hostile work environment.
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July 29, 2024
3rd Circ. Says Jury Must Weigh Ex-Philly ADA's Vax Bias Case
A jury will have to determine whether the Philadelphia District Attorney's Office was following a neutral, general policy when it denied an employee's religious exemption from its COVID-19 vaccination mandate, or whether D.A. Larry Krasner harbored anti-religious bias in the decision, the Third Circuit ruled Monday.
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July 29, 2024
NJ Judge Behind Daniel's Law Expands Efforts To Help
Four years after her son's murder spurred a New Jersey judge's determination to bring about monumental advances in judicial security, positive change is reaching another sector of the court community.
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July 26, 2024
3 Ex-Seton Hall Law Workers Cop To 13-Year Embezzlement
A former assistant dean and two other former employees of Seton Hall University School of Law pled guilty this week to defrauding their former employer of more than $1.3 million in a scheme spanning 13 years.
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July 26, 2024
Real Estate Recap: CrowdStrike, CFIUS, Financial Services
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including the real estate sector's reaction to the CrowdStrike outage, heightened scrutiny of foreign investment in U.S. properties and a view of evolving financial services regulation from the general counsel of the Conference of State Bank Supervisors.
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July 26, 2024
Shareholder Litigation To Watch: A Midyear Report
A pair of anticipated U.S. Supreme Court arguments, the fate of a new wave of lawsuits against special purpose acquisition companies and the future of shareholder claims of artificial intelligence malfeasance are among the issues that securities practitioners are following as the second half of 2024 unfolds in the courts.
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July 26, 2024
Healthcare Software Co. Must Face Trimmed Data Hack Suit
NextGen Healthcare will face a slimmed-down version of a proposed class action filed against it by customers who say their data was exposed in a 2023 data hack after a Georgia federal judge on Thursday tossed several state data privacy and consumer protection claims levied against the software company.
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July 26, 2024
'Terrible Decisions': Ex-McElroy Deutsch CFO Gets 5 Years
McElroy Deutsch Mulvaney & Carpenter LLP's former chief financial officer was sentenced Friday in a New Jersey state court to five years in prison and ordered to pay restitution for embezzling more than $1.5 million from the firm and failing to pay income tax.
Expert Analysis
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Pro Bono Work Is Powerful Self-Help For Attorneys
Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.
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3 Quirks Of New Jersey Insurance Coverage Law
There are a multitude of state-specific requirements and nuances that make New Jersey insurance law unique, including in the areas of duty to defend, reservation of rights and bad faith, say attorneys at Goldberg Segalla.
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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Series
In Focus At The EEOC: Advancing Equal Pay
The U.S. Equal Employment Opportunity Commission’s recently finalized strategic enforcement plan expresses a renewed commitment to advancing equal pay at a time when employees have unprecedented access to compensation information, highlighting for employers the importance of open communication and ongoing pay equity analyses, say Paul Evans at Baker McKenzie and Christine Hendrickson at Syndio.
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Fintech-Bank Partnerships Hold Potential, But Tread Carefully
A study recently released by the Federal Reserve Board highlights the federal preemptions that financial technology lenders can take advantage of to lend profitably in certain states, though fintech-bank partnerships face some regulatory challenges as well, say attorneys at Venable.
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Opinion
Newman Suspension Shows Need For Judicial Reform
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.
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How And Why Your Firm Should Implement Fixed-Fee Billing
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.
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Why Standing Analysis Is Key In Data Breach Mediation
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.
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Opinion
Judicial Independence Needs Defense Amid Political Threats
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.
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How Life Sciences Cos. Can Prevent Securities Class Actions
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.
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How Law Firms Can Use Account-Based Marketing Strategies
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.
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Navigating Over-The-Counter Product Ads After FTC Warning
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.
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AGs' Distaste For Food Bill May Signal Other State Issues
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.
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Strategic Succession Planning At Law Firms Is Crucial
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.