New Jersey

  • August 05, 2024

    J&J, Generics Spar In Remand On Schizophrenia Drug Patent

    Following a Federal Circuit ruling that gave generics makers Teva and Viatris a new shot at trying to invalidate the last remaining patent on Johnson & Johnson's blockbuster schizophrenia drug Invega Sustenna, the parties are sparring over the impact of the appeals court's decision.

  • August 05, 2024

    Nursing Home Flubs Make Reports Fair Game, NJ Justices Say

    Two Garden State healthcare facilities failed to follow state regulations in after-incident reviews, making the normally privileged reports accessible to plaintiffs, the New Jersey Supreme Court ruled Monday.

  • August 05, 2024

    Former Refiner Can't Dodge Polluted Water Remedy

    A Virgin Islands oil refinery that spewed oil onto neighbors' properties has lost its Third Circuit challenge to a court-ordered program that required it to buy bottled water for residents too poor to buy it themselves.

  • August 05, 2024

    With Death Of 1st Black Justice, NJ 'Lost One Of Its Treasures'

    James H. Coleman Jr., a sharecropper's son who rose to become New Jersey's first Black state Supreme Court justice, first Black Appellate Division judge and a force for civil rights in the Garden State, has died, according to a Sunday announcement.

  • August 05, 2024

    NJ Firm Wants Fees Award To 2nd Firm Tossed In Crash Case

    Nagel Rice LLP is hoping to toss an arbitration award of $56,250 in attorney fees to its clients' former lawyers at Blume Forte Fried Zerres & Molinari for their work related to a fatal school bus crash, saying the arbitrator didn't comply with New Jersey law in making his decision.

  • August 05, 2024

    Google Abused Monopoly Over Search Market, Court Finds

    A D.C. federal judge ruled on Monday that Google is a monopolist in the general search market and has violated antitrust law by paying billions of dollars to make its search engine the default on devices made by Apple, Samsung and others.

  • August 02, 2024

    Iowa, ND Move For Win In NEPA Rule Fight

    States led by Iowa and North Dakota are asking a federal judge to scrap a Council on Environmental Quality rule they say threatens to turn the National Environmental Policy Act into an "action-forcing" process to advance the Biden administration's climate and environmental justice goals.

  • August 02, 2024

    2nd Circ. Backs Conviction Over Fake-Therapy Scheme

    The Second Circuit on Friday refused to overturn the conviction of a therapist who was found guilty of bilking a New York state program for developmentally disabled children, saying the trial court didn't err in declining to excuse a juror who had loose ties to a government witness.

  • August 02, 2024

    DOJ Says Apple 'Has No Basis' To Delay Discovery

    The U.S. Department of Justice is urging a New York federal judge to get the ball rolling on discovery in its case accusing Apple of anticompetitively restricting app access to lock users into the iPhone.

  • August 02, 2024

    Real Estate Recap: Grants Pass, Population Data, CMBS Risk

    Catch up on the past week's key developments by state from Law360 Real Estate Authority — including city and state reactions to the U.S. Supreme Court's ruling on homeless encampments, a new proptech venture leveraging population data for investors and developers, and one BigLaw leader's view of which sectors are most sensitive to commercial mortgage-backed securities distress.

  • August 02, 2024

    3rd Circ. Backs Ex-NJ Firefighter's $50M Drug Fraud Sentence

    The Third Circuit backed the eight-year prison sentence handed to a former New Jersey firefighter convicted for his role in a $50 million healthcare fraud scheme, rejecting his argument he was wrongly punished for taking his case to trial.

  • August 02, 2024

    4 ERISA Excessive Health Fee Suits To Watch

    The Third Circuit will decide whether to revive a suit from MetLife workers alleging their pharmacy benefits were mismanaged, while suits proceed in district court against Wells Fargo and Johnson & Johnson alleging they violated the Employee Retirement Income Security Act via high drug costs a pharmacy benefit manager charged workers. Here, Law360 looks at four cases involving claims that employers violated ERISA by charging high healthcare costs — including for prescription drugs — that attorneys are watching.

  • August 02, 2024

    New NJ Policy On Newborn Blood Falls Short, Parents Say

    New Jersey's voluntary changes in its newborn-blood-testing policy fall short of solving constitutional problems with the program that screens infants for 62 disorders, a group of Garden State parents contend in their amended complaint filed Friday in federal court in a proposed class action against the state.

  • August 02, 2024

    2nd Circ. OKs 33 Months For Ex-DOJ Paralegal's Video Leaks

    In an unpublished opinion Friday, the Second Circuit upheld a former U.S. Department of Justice paralegal's 33-month sentence for helping her gang-affiliated son expose two associates who cooperated with a law enforcement probe into a 2018 robbery.

  • August 02, 2024

    Cognizant Bribery Trial Delayed Again — Until 2025

    Trial in a five-year-old case alleging two former Cognizant executives authorized a bribe to a government official in India has been delayed again, this time by six months, so prosecutors can complete necessary depositions in that country, according to a federal court order handed down Friday.

  • August 02, 2024

    Prosecutors Back NJ Judicial Privacy Law's Constitutionality

    Daniel's Law is a "commonsense" measure necessary to counter the surge in threats and violence against judges and law enforcement officers, and it places only a "modest" burden on commercial data brokers, federal prosecutors told a New Jersey federal court weighing the future of the law.

  • August 02, 2024

    3 Real Estate Investors Cop To $119M Mortgage Fraud Scheme

    A trio of real estate investors has admitted to running an extensive, multiyear conspiracy to defraud Fannie Mae by getting the company to purchase or fund $119 million worth of mortgage loans so they could acquire residential and commercial properties, the U.S. Department of Justice announced Thursday.

  • August 01, 2024

    Male Sex Drug Labeled As 'Natural' Contains Viagra, Suit Says

    Sellers of the male enhancement drug Ryder XL, purportedly made with natural herbal ingredients, are facing a proposed class action in New Jersey federal court that accuses them of "dosing" consumers with large amounts of Viagra and Cialis without a prescription of physician oversight.

  • August 01, 2024

    NJ Transit On Hook For $11.6M Injury Verdict, 2nd Circ. Says

    The Second Circuit on Tuesday affirmed a jury's $11.6 million verdict accusing New Jersey Transit of negligently ordering a train engineer to continue operating in an overheated cab that caused him to suffer career-ending injuries, saying the state-owned company had a duty to maintain the cab's air conditioning system.

  • August 01, 2024

    BNY's Pershing Hit With $1.4M FINRA Recordkeeping Fine

    BNY subsidiary Pershing will pay the Financial Industry Regulatory Authority a $1.4 million fine to resolve claims that it misstated interest rates for variable rate securities on millions of account statements for more than 12 years.

  • August 01, 2024

    Apple Says DOJ Is Looking For 'Judicial Redesign' Of IPhone

    Apple Inc. urged a New Jersey federal judge Thursday to throw out the U.S. Department of Justice's antitrust lawsuit, calling claims of restricted app access meant to lock users into the iPhone as a government effort to control protocols the company contends are needed to ensure security and reliability.

  • August 01, 2024

    TD Bank's $25M Client Poach Case Hits FINRA Snags

    Ex-TD Bank employees accused of siphoning $25 million in business to Raymond James Financial Services Inc. agreed to move a dispute over a restraining order into arbitration to shield themselves from negative press, the bank told a federal judge Thursday after the defendants complained about delays to the proceeding.

  • August 01, 2024

    NJ Justices Say Bridge Commission Can Mandate Union Deals

    The compact that created the bistate Delaware River Joint Toll Bridge Commission gave the commission the authority to require contractors to use project labor agreements in a publicly bid construction project, the New Jersey Supreme Court ruled Thursday.

  • August 01, 2024

    Bistate Transit Agency Fights NJ Comptroller's Info Bid

    The Delaware River Port Authority accused the acting New Jersey state comptroller of overstepping his authority by attempting to compel it to produce documents and testimony via two subpoenas, according to a lawsuit filed Wednesday in Garden State federal court.

  • August 01, 2024

    Novo Nordisk Loses Challenge To Medicare Drug Price Talks

    Another challenge to a Medicare drug price negotiation program has failed after a New Jersey federal judge ruled once again that the program is voluntary and rejected claims that it violates the constitutional rights of pharmaceutical giant Novo Nordisk.

Expert Analysis

  • 4 Ways To Refresh Your Law Firm's Marketing Strategy

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    With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.

  • What 3rd Circ. Trust Ruling Means For Securitization Market

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    Mercedes Tunstall and Michael Gambro at Cadwalader break down the Third Circuit's March decision in Consumer Financial Protection Bureau v. National Collegiate Master Student Loan Trust, as well as predict next steps in the litigation and the implications of the decision for servicers and the securitization industry as a whole.

  • NC Rulings Show Bankruptcy Isn't Only For Insolvent Debtors

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    Two recent rulings from a North Carolina bankruptcy court show that lack of financial distress is not a requirement for bankruptcy protection, particularly in the Fourth Circuit, but these types of cases can still be dismissed for other reasons, say Stuart Gordon and Alexandria Vath at Rivkin Radler.

  • A Look At Ex Parte Seizures 8 Years Post-DTSA

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    In the eight years since the Defend Trade Secrets Act was enacted, not much has changed for jurisprudence on ex parte seizures, but a few seminal rulings show that there still isn’t a bright line on what qualifies as extraordinary circumstances warranting a seizure, say attorneys at Finnegan.

  • Series

    Whitewater Kayaking Makes Me A Better Lawyer

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    Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.

  • Navigating Kentucky's New Consumer Privacy Law

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    On April 4, Kentucky passed a new law that imposes obligations on affected businesses relating to the collection, use and sale of personal data — and those operating within the state must prepare for a new regulatory landscape governing the handling of consumer data, say Risa Boerner and Martha Vázquez at Fisher Phillips.

  • GSA's Carbon-Free Power Plan: Tips For Electricity Suppliers

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    The U.S. General Services Administration's recent request for information concerning its intent to acquire a large amount of carbon pollution-free electricity over the next decade in the PJM Interconnection region offers key insights for companies interested in becoming electric power suppliers to federal government agencies, say Shaunna Bailey and Nicholas Dugdale at Sheppard Mullin.

  • This Earth Day, Consider How Your Firm Can Go Greener

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    As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.

  • The Shifting Landscape Of Physician Disciplinary Proceedings

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    Though hospitals have historically been able to terminate doctors' medical staff privileges without fear of court interference, recent case law has demonstrated that the tides are turning, especially when there is evidence of unlawful motivations, say Dylan Newton and Michael Horn at Archer & Greiner.

  • Oracle Ruling Underscores Trend Of Mootness Fee Denials

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    The Delaware Chancery Court’s recent refusal to make tech giant Oracle shoulder $5 million of plaintiff shareholders' attorney fees illustrates a trend of courts raising the standard for granting the mootness fee awards once ubiquitous in post-merger derivative disputes, say attorneys at Troutman Pepper.

  • Tips For Orgs Defending Against Daniel's Law Claims

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    With Daniel's Law recently amended to require courts to award statutorily defined damages to aggrieved parties, organizations should identify whether they are subject to the law and ensure they have implemented a comprehensive compliance program to better avoid litigation costs and reputational harm, say attorneys at Thompson Hine.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • Series

    Playing Hockey Makes Me A Better Lawyer

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    Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.

  • For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill

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    A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.

  • Opinion

    Requiring Leave To File Amicus Briefs Is A Bad Idea

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    A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.

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