New Jersey

July 24, 2024
Ex-McElroy Deutsch Exec Says Ch. 11 Doesn't Pause Claims

A former McElroy Deutsch executive told a New Jersey state court that just because her husband — former McElroy Deutsch chief financial officer John Dunlea — has filed for bankruptcy does not mean she needs to pause her claims against the firm for discrimination and retaliation.
July 24, 2024
3rd Circ. Says NJ Temp Worker Law Is Constitutional

Staffing industry groups can't halt a New Jersey law strengthening protections for temporary workers because it doesn't discriminate between out-of-state and in-state companies and is therefore constitutional, the Third Circuit ruled Wednesday, affirming a district court's ruling.
July 24, 2024
Ex-Marijuana Store Worker Settles Retaliation Suit

An Atlantic City, New Jersey, marijuana dispensary has settled a disability discrimination lawsuit filed by an ex-employee who claimed the business's managers wouldn't turn down the loud music that was triggering her PTSD.
July 24, 2024
3rd Circ. Revives Ex-Ricoh USA Workers' 401(k) Fee Suit

The Third Circuit on Wednesday reversed dismissal of a federal benefits lawsuit from former workers at Ricoh USA Inc. alleging their employee 401(k) plan paid excessive recordkeeping and administration fees, finding retirement mismanagement claims should proceed to discovery.
July 23, 2024
Oshkosh Says USPS Followed NEPA With New Vehicle Plan

Oshkosh Defense joined the U.S. Postal Service in firing back at environmentalists and a coalition of 17 states' attempt to secure judgment in litigation protesting the agency's decision to replace its aging delivery fleet with only 62% electric vehicles, saying the group's challenge threatens to undermine such a significant transformation.
July 23, 2024
Invitae's Ch. 11 Plan Needs Tweaking, Judge Says

A New Jersey bankruptcy judge said he would confirm the Chapter 11 liquidation plan for genetic testing company Invitae, if it made changes to how it handled distributions to certain creditors.
July 23, 2024
4th Circ. Says Bad Jury Instructions Gave J&J Win In Mesh Suit

The Fourth Circuit has vacated a judgment in Ethicon Inc. and Johnson & Johnson's favor in a suit from a woman alleging Ethicon's pelvic mesh was defective, saying a federal judge was wrong to limit her expert's opinion based on the so-called elimination mandate.
July 23, 2024
Ex-Celgene Exec Off The Hook For Statements To Investors

Celgene Corp.'s former chief operating officer on Tuesday escaped some claims in a class action contending that the biopharmaceutical company artificially inflated its share price, with a New Jersey federal court finding that the ex-executive never made nor could he be linked to the statements that were issued by the company.
July 23, 2024
General Mills Settles 2012 Suit Over 'All Natural' Kix Cereal

Consumers have reached a settlement with General Mills Inc. to resolve a 2012 suit alleging it lied about Kix cereal being "all natural" even though it contains bioengineered ingredients, according to a New Jersey federal court order.
July 24, 2024
UPDATED: NJ Firm Malpractice Dismissal Order Filed In Error

A New Jersey state court has deleted an order dismissing a malpractice suit against Nurick Law Group LLC, saying Tuesday it was "uploaded in error."
July 23, 2024
NJ Gov. Gets Partial Win In Ex-Elections Chief's Suit

A New Jersey state judge has handed Gov. Phil Murphy a partial win over claims from the state's former elections chief alleging that his civil rights were violated, dismissing a claim that former official had a legal right to his job.
July 23, 2024
Convicted Sen. Menendez Of NJ Resigning Aug. 20

U.S. Sen. Bob Menendez has decided to resign as the U.S. Senate Ethics Committee was moving swiftly to consider whether he should be expelled or censured after his conviction last week on 16 corruption charges.
July 23, 2024
Chemours Loses 3rd Circ. Fight Over EPA Water Advisories

In a precedential ruling Tuesday, the Third Circuit shot down Chemours Co.'s challenge to the U.S. Environmental Protection Agency's health advisories over chemicals in drinking water, finding that the advisories couldn't be reviewed by a court.
July 22, 2024
Zurich Unit Needn't Cover Motorcyclist's Crash Dispute

The Third Circuit affirmed a Zurich unit's win Monday in a dispute over coverage for a boiler company sued by a motorcyclist injured in a crash with a company employee, saying not only are the motorcyclist's claims untimely, but the company's policy excludes coverage for the accident.
July 22, 2024
In Transfer Row, Live Nation Calls DOJ Case Merger Deal 2.0

Live Nation and Ticketmaster formally asked a skeptical New York federal judge to transfer the U.S. Department of Justice antitrust lawsuit to Washington, D.C., arguing the case clearly grows out of an underlying 2010 deal clearing the merger the government now wants unwound.
July 22, 2024
Groups Ask 3rd Circ. To Reverse Medicare Drug Price Rulings

A conservative group was one of several organizations to file amicus curiae briefs with the Third Circuit on Friday urging it to reverse a lower court's finding that Medicare's ability to negotiate drug prices with pharmaceutical companies does not run contrary to the companies' constitutional rights.
July 22, 2024
Anthem Blue Cross Wants Lab's $3.8M Suit Tossed

Anthem Blue Cross Blue Shield of Connecticut has asked a federal judge to toss a medical lab's lawsuit seeking nearly $3.8 million from it for refusing to pay for or underpaying for lab work and COVID-19 tests, arguing the claims are "baseless."
July 22, 2024
Lack Of 'Smoking Gun' Sinks J&J's Bid To DQ Beasley Allen

The Beasley Allen Law Firm may represent plaintiffs in multicounty talc injury litigation in New Jersey state court, after a judge found Johnson & Johnson failed to show a former Faegre Drinker outside counsel shared information he learned representing the company in earlier talc litigation.
July 22, 2024
RFK Jr. Says Atty Can't Fight Presidential Bid In NJ Court

Independent presidential candidate Robert F. Kennedy Jr. urged a New Jersey state judge to throw out an election attorney's challenge to his candidacy in the Garden State, arguing the attorney failed to file an objection to Kennedy's petition to be on the ballot nor is he a candidate or representing a candidate for office.
July 22, 2024
Ex-NJ Judge Wants Chief Justice Deposed In Pension Suit

A former Bergen County Superior Court judge told a New Jersey state court that she must be allowed to depose Chief Justice Stuart Rabner of the New Jersey Supreme Court because he has information about the state's decision to deny her disability benefits application that no one else has.
July 19, 2024
3rd Circ. Reverses Court on 90-Day EEOC Clock Ruling

The Third Circuit has revived a New Jersey state employee's sex harassment lawsuit against her employer, finding that a lower court incorrectly calculated when the 90-day clock for her to file suit started after her attorney learned the Equal Employment Opportunity Commission would not pursue her claim.
July 19, 2024
US Chess Tolerates Human Trafficking, Champion Claims

The U.S. Chess Federation provides an arena for human trafficking and retaliated against a whistleblower who reported alleged sexual abuse, a two-time national champion claims in a lawsuit filed in New Jersey state court.
July 19, 2024
NJ Towns Not Liable For Water Contaminants, Panel Rules

A panel of New Jersey state appeals court judges ruled Friday that municipalities charging for water service aren't in an implied contractual relationship with residents and thus can't be found in breach of contract for elevated contaminant levels in the water.
July 19, 2024
Axon Says FTC Has 'No Reason' To Wade Into Suit

Axon urged a New Jersey federal judge Thursday to "give no weight" to a Federal Trade Commission amicus intervention into a proposed class action against the company, arguing that however much the FTC bristles at references to an abandoned merger case, that consternation isn't relevant to the instant suit.
July 19, 2024
2 Foreign Nationals Cop To Roles In Ransomware Group

Two Russian nationals have admitted to participating in the LockBit ransomware group and collectively taking more than $2 million through ransomware attacks on victims ranging from individuals and small businesses to hospitals, schools, nonprofit organizations and government agencies, U.S. Attorney Philip R. Sellinger announced Thursday.

Expert Analysis

5 Litigation Funding Trends To Note In 2024

Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.
Key Issues When Navigating A Tenant's Bankruptcy

In light of recent Chapter 11 filings by Rite Aid and WeWork — companies with thousands of commercial leases — practitioners should review issues that can arise when bankruptcy is used to exit a lease, including the consequences of lease rejection and the statutory cap on landlord damage claims for a rejected lease, say attorneys at Proskauer.
4 Legal Ethics Considerations For The New Year

As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.
2 Cases Highlight NJ Cannabis Employment Law Uncertainties

More than two years after its enactment, the employee protections and employer obligations in New Jersey's Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act remain unsettled, and two recent lawsuits draw attention to the law's enforceability and its intersection with federal law, say Ruth Rauls at Saul Ewing and David White at Seton Hall.
What The Law Firm Of The Future Will Look Like

As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.
4 PR Pointers When Your Case Is In The News

Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.
After Headwinds, 2024 May See Offshore Wind Momentum

Despite skyrocketing raw material costs, conflicting state and federal policies, and other setbacks for the offshore wind sector in 2023, the industry appears poised for growth in the coming year, with improving economics, more flexible procurement procedures and increasing legislative support, say Emily Huggins Jones and Ben Cowan at Locke Lord.
Law Firm Strategies For Successfully Navigating 2024 Trends

Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
The Most-Read Legal Industry Law360 Guest Articles Of 2023

A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.
Attorneys' Busiest Times Can Be Business Opportunities

Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
In The World Of Legal Ethics, 10 Trends To Note From 2023

Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
The Key Laws Retailers Should Pay Attention To In 2024

2024 promises to be another transformative year for retailers as they navigate the evolving regulatory landscape, particularly surrounding data privacy and sustainability laws, meaning companies should make it a practice to keep track of new legislation and invest in compliance efforts early on, say attorneys at Benesch.
What WeWork's Ch. 11 Filing Means For Landlords

WeWork’s recent Chapter 11 filing in New Jersey has the potential to be one of the most consequential cases in the real estate industry in many years, and presents a number of issues for landlords, including unexpired leases, assumption, assignment and more, say attorneys at Mayer Brown.
How Attorneys Can Be More Efficient This Holiday Season

Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
Top 10 Whistleblowing And Retaliation Events Of 2023

The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.