New Jersey

  • May 01, 2024

    Oil Drilling Workers Urge High Court Not To Review PPE Suit

    The Third Circuit's view that time putting on and taking off personal protective equipment becomes compensable if the gear is integral and indispensable to employees' work actually aligns with a Second Circuit's standard, oil rig workers told the U.S. Supreme Court on Wednesday.

  • May 01, 2024

    Philly Eagles, NFL Score Escape From Fan's Injury Suit

    A New Jersey state judge has tossed a football fan's suit against the Philadelphia Eagles, the National Football League and the New Jersey Sports and Exposition Authority in which the fan claimed he was battered at the MetLife Stadium after quarterback Jalen Hurts gave him a game ball.

  • May 01, 2024

    J&J Unit Cuts Deal To End Cancer Drug Trade Secret Fight

    A New Jersey federal judge has signed off on a consent judgment that permanently bars Chinese drugmaker Jiangsu Hengrui Pharmaceuticals Co. from misappropriating Johnson and Johnson's pharmaceutical subsidiary Janssen's trade secrets for its popular chemotherapy drug Yondelis.

  • May 01, 2024

    53 Govs. Want Say In Moving Nat'l Guard Staff To Space Force

    The governors of 48 states and several U.S. territories warned the U.S. Department of Defense that allowing hundreds of Air National Guard personnel to be transferred to the U.S. Space Force without the governors' approval undermines their authority over their states' military readiness.

  • May 01, 2024

    NJ Judge Kugler Retiring From Federal Bench At Month's End

    Senior U.S. District Judge Robert B. Kugler will step down from the New Jersey federal bench at the end of the month, concluding nearly 22 years there, Law360 has learned.

  • May 01, 2024

    NJ Atty Fights 'Hare-Brained' Malpractice Claims In RE Dispute

    A suspended New Jersey attorney is seeking summary judgment and sanctions for a "hare-brained" attempt by Chaitman LLP to mount a third-party complaint holding him liable for allegedly providing bad legal advice that prompted a malpractice case between Chaitman and former clients.

  • May 01, 2024

    Ex-Seton Hall President Fights Bid To Toss Whistleblower Suit

    Seton Hall University's former president is fighting to keep his explosive whistleblower suit against the school alive, arguing that he should be allowed to pursue his claims in court despite terms in his severance agreement stating otherwise because Seton Hall already violated that agreement by slashing his salary.

  • April 30, 2024

    Reed Smith Beats Ex-Paralegal's Sprawling Bias Suit

    A former Reed Smith LLP paralegal hasn't shown that the firm's flagging of her work performance issues and her eventual termination stemmed from age and race discrimination, a New Jersey federal judge ruled Tuesday, handing the law firm a final win in the nearly 9-year-old litigation.

  • April 30, 2024

    Red Bull's NY And NJ Distributor Sues Over Threats To Deal

    The New York and New Jersey distributor of Red Bull sued the energy drink company Tuesday in New Jersey federal court over allegations that it unfairly plans to terminate a 24-year-old distribution agreement, saying its entire business is at stake despite fulfilling all of Red Bull's requirements.

  • April 30, 2024

    Chiquita Capitalized On Colombian War, Victims' Families Say

    Attorneys representing the families of 10 men killed during Colombia's civil war told a Florida federal jury Tuesday that the Chiquita banana company is liable for their deaths, saying it knowingly funded a right-wing narcoterrorist group that committed atrocities against its workers as the fruit corporation expanded its business.

  • April 30, 2024

    'Hatchet-Wielding' Killer Can't Join Netflix Suit, Judge Rules

    Convicted killer "Kai the Hatchet-Wielding Hitchhiker" can't get in on a defamation suit involving a Netflix documentary about the murderer's life, a Texas federal judge ruled Monday, saying that his claims don't have a sufficient basis to warrant intervention in the lawsuit.

  • April 30, 2024

    Pharmacyclics Can't Score Fees After Imbruvica Patent Win

    Delaware's top federal judge on Tuesday told AbbVie's Pharmacyclics LLC unit that it was "also guilty of vexatious conduct" and had no standing to seek legal fees after it won a patent infringement suit against generic-drug rivals over its branded blockbuster cancer drug Imbruvica.

  • April 30, 2024

    SEC Says Penny Stock Firm Failed To Register As A Dealer

    The U.S. Securities and Exchange Commission has sued a New Jersey company for allegedly dealing in penny stock without registering as a securities dealer, echoing claims the agency made against a different lender, which the Eleventh Circuit largely affirmed in February.

  • April 30, 2024

    Amgen Cuts Deal To End Bone Drug IP Suit Against Sandoz

    A New Jersey federal judge has signed off on a deal that would end a suit where Amgen accused Sandoz of infringing patents on treatments for bone cancer and bone problems.

  • April 30, 2024

    Drug Company Can't Escape Texas Counties' Opioid MDL

     A Texas appeals court on Tuesday declined to cut loose a New Jersey-based pharmaceutical manufacturer from Texas multidistrict litigation over opioid addiction in the state, finding that the counties of Dallas and Bexar have demonstrated that it's made deliberate moves toward the Texas market.

  • April 30, 2024

    3rd Circ. Preview: Kavanaugh Classmate Takes On HuffPost

    The Third Circuit's May lineup will find the court weighing HuffPost's battle with an allegedly libeled former classmate of U.S. Supreme Court Justice Brett Kavanaugh and claims by consumers alleging they bought defective Bayer antifungal medicine.

  • April 30, 2024

    NJ AG Asks Court To Nix UAW's Suit Over Smoking In Casinos

    The New Jersey attorney general has requested that a state court dismiss a United Auto Workers complaint claiming a law excluding casino workers from a smoking ban at certain indoor workspaces violates the state constitution, saying the dispute should be left to the Legislature.

  • April 30, 2024

    Judge Tosses LTL's Suit Over Article Linking Talc To Cancer

    A New Jersey federal judge on Tuesday tossed a suit from the bankrupt talc unit of Johnson & Johnson accusing three doctors of damaging its business through a medical journal article it claimed was backed by "junk science," ruling that the doctors having served as expert witnesses in the Garden State is not enough to show that the court has jurisdiction over its claims.

  • April 30, 2024

    City Says Workers' Comp Ends $50M Ship Fire Death Suit

    The city of Newark, New Jersey, is seeking to toss a $50 million wrongful death lawsuit brought by the families of two firefighters who died in July aboard a burning cargo ship, arguing that accidents that occur in the course of employment are matters to be resolved through the workers' compensation process, not the federal courts.

  • April 30, 2024

    3rd Circ. Denies Rehearing In Pa. Mail-In Ballot Case

    The Third Circuit has rejected a do-over of its decision not to count Pennsylvania mail-in ballots with missing or incorrect dates on their outer envelopes, denying a request from voting rights groups for a rehearing Tuesday.

  • April 30, 2024

    Sills Cummis Atty Must Sit For Deposition In Malpractice Suit

    A New Jersey state court judge has directed a Sills Cummis & Gross PC attorney to soon sit for a deposition in a malpractice suit filed by the former manager of musician, producer and songwriter Nile Rodgers.

  • April 29, 2024

    Pfizer Inks $25M Deal Ending Leftover Effexor Antitrust Claims

    A proposed class of indirect buyers have asked a New Jersey federal judge to greenlight a $25.5 million settlement to end allegations that Pfizer unit Wyeth engaged in a scheme with Teva Pharmaceuticals to delay generic competition for the antidepressant Effexor XR.

  • April 29, 2024

    Judge Rejects 2 Challenges To Medicare Drug Price Talks

    A New Jersey federal judge on Monday shot down a pair of challenges to the Medicare drug price negotiations, extending a string of court victories for the Biden administration as it defends the talks as entirely voluntary.

  • April 29, 2024

    Sandoz Says Biopharma Biz Added 'Poison' To Market

    More than $160 million separate generic-drug maker Sandoz Inc. and biopharmaceutical firm United Therapeutics Corp. in their estimates of damages suffered by Sandoz when the other company effectively blocked the sale of Sandoz's generic version of a hypertension medication, according to opening statements Monday during a bench trial in New Jersey federal court.

  • April 29, 2024

    Netflix Defeats Ex-'Survivor' Star's Claim It Copied Show Idea

    A New Jersey federal judge on Monday tossed with prejudice a suit filed by former "Survivor" contestant Gervase Peterson alleging that Netflix's show "King of Collectibles: The Goldin Touch" infringes on a teaser video he produced, saying the alleged protectable ideas are generic reality show elements.

Expert Analysis

  • Perspectives

    Mallory Gives Plaintiffs A Better Shot At Justice

    Author Photo

    Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.

  • FLSA Collective Actions: Are Courts Still Dancing The 2-Step?

    Author Photo

    In the absence of amendments to the Fair Labor Standards Act, courts have filled in some of the statute's gaps and established a two-step framework for conditional certification of a class, but recent rulings show signs that courts are ready to hold party plaintiffs to a higher standard if they want to recruit others to join their lawsuits, says Allison Powers at Barack Ferrazzano.

  • Opinion

    When Corporate Self-Disclosure Threatens Individuals' Rights

    Author Photo

    The prosecution of former Cognizant executives in New Jersey federal court demonstrates how the U.S. Department of Justice’s corporate enforcement policy can contravene the constitutional rights of individual defendants who are employed by cooperating companies, says Gideon Mark at the University of Maryland.

  • Courts Can Overturn Deficient State Regulations, Too

    Author Photo

    While suits challenging federal regulations have become commonplace, such cases against state agencies are virtually nonexistent, but many states have provisions that allow litigants to bring suit for regulations with inadequate cost-benefit analyses, says Reeve Bull at the Virginia Office of Regulatory Management.

  • How Construction Industry Can Help Mitigate Wildfire Impact

    Author Photo

    The recent uptick of wildfires across North America has resulted in renewed calls for construction job site changes and increased management of sites in order to mitigate the risk of outbreaks and workers' exposure to hazardous air quality, say Josephine Bahn and Jeffery Mullen at Cozen O'Connor.

  • Keep Up With Telemarketing Compliance: State Law Roundup

    Author Photo

    As more states enact mini-Telephone Consumer Protection Acts to seemingly fill the "autodialer" void left by the U.S. Supreme Court's Facebook v. Duguid ruling, compliance will become a difficult game of whack-a-mole — some of the laws regulate equipment, while others restrict to whom calls can be made, and more, say attorneys at Blank Rome.

  • Tales From The Trenches Of Remote Depositions

    Author Photo

    As practitioners continue to conduct depositions remotely in the post-pandemic world, these virtual environments are rife with opportunities for improper behavior such as witness coaching, scripted testimony and a general lack of civility — but there are methods to prevent and combat these behaviors, say Jennifer Gibbs and Bennett Moss at Zelle.

  • Minn. Noncompete Ban May Add To Nat'l Venue Choice Tangle

    Author Photo

    With federal courts already split on which laws govern choice-of-venue clauses in noncompete agreements, the new Minnesota statute that bans noncompetes and empowers workers to void any employment contract that requires out-of-state adjudication will complicate compliance for multistate employers, says Sarah Tishler at Beck Reed.

  • ChatGPT Can't Predict The Future Of Antitrust And AI (Yet)

    Author Photo

    Though OpenAI's ChatGPT has made artificial intelligence a popular topic of conversation recently, the subject of AI and antitrust has been around for years, raising the question of what other competitive concerns might arise as the technology becomes more sophisticated and ubiquitous in our marketplace, say attorneys at Faegre Drinker.

  • 3 Ways Courts Approach Patent Eligibility At Trial And After

    Author Photo

    Sorin Zaharia and Mark Liang at O’Melveny analyze all 36 district court cases where patent eligibility under Section 101 was decided at trial or post-trial after Alice, specifically focusing on how different districts address step two of the Alice inquiry, as well as the impact of each approach on the outcome.

  • Employer Drug-Testing Policies Must Evolve With State Law

    Author Photo

    As multistate employers face ongoing challenges in drafting consistent marijuana testing policies due to the evolving patchwork of state laws, they should note some emerging patterns among local and state statutes to ensure compliance in different jurisdictions, say attorneys at Troutman Pepper.

  • Tide May Be Turning On Texas Two-Step Bankruptcy Strategy

    Author Photo

    Recent developments in several high-profile bankruptcy cases suggest that the use of the Texas Two-Step to shield solvent companies from tort claims may be falling out of favor, but until the U.S. Supreme Court hears one of these cases the strategy will remain divisive and the subject of increased scrutiny, say attorneys at Rivkin Radler.

  • Challenging Standing In Antitrust Class Actions: Timing

    Author Photo

    The early resolution of Article III standing disputes in antitrust class actions can result in sizable efficiencies, but some litigants and courts are improperly relying on the Amchem and Ortiz U.S. Supreme Court cases to defer standing issues until after ruling on plaintiffs' class certification motions, say Michael Hamburger and Holly Tao at White & Case.

  • Level Up Lawyers' Business Development With Gamification

    Author Photo

    With employee engagement at a 10-year low in the U.S., there are several gamification techniques marketing and business development teams at law firms can use to make generating new clients and matters more appealing to lawyers, says Heather McCullough at Society 54.

  • Mallory Ruling Leaves Personal Jurisdiction Deeply Unsettled

    Author Photo

    In Mallory v. Norfolk Southern Railway, a closely divided U.S. Supreme Court recently rolled back key aspects of its 2017 opinion in Daimler AG v. Bauman that limited personal jurisdiction, leaving as many questions for businesses as it answers, say John Cerreta and James Rotondo at Day Pitney.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the New Jersey archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!