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New Jersey
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July 25, 2024
3rd Circ. Says Service Flub Sinks SEC's Ponzi Scheme Win
The Third Circuit on Wednesday vacated a $500,000 default judgment against a Swiss resident accused of operating a $1.4 million Ponzi scheme, finding email service used by the U.S. Securities and Exchange Commission was improper under the Hague Service Convention.
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July 25, 2024
Nevada Man Accused Of Threatening To Kill Judges
A Las Vegas man who allegedly sent threats to kill and assault federal and state officials in New York, Montana, New Jersey and Washington, D.C. – including federal judges – has pled not guilty to a 22-count indictment unsealed this week in Nevada federal court.
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July 25, 2024
Celeb Video Platform Cameo Fined $100K Over Paid Promos
Celebrity video platform Cameo will pay $100,000 as part of a 30-state settlement over claims it failed to inform customers that its advertising service for businesses involved paid promotions.
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July 24, 2024
Judge Sets Up 2-Tier Counsel Access In DOJ Live Nation Suit
A New York federal judge on Tuesday set up a two-tiered system for document access in the U.S. Department of Justice's antitrust lawsuit against Live Nation and Ticketmaster, limiting sensitive information from other market participants from Live Nation in-house counsel.
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July 24, 2024
Rite Aid's Elixir Buyer Must Pay Additional $50M In Ch. 11 Sale
Prescription benefits group MedImpact owes an extra $50 million on top of $576 million it paid Rite Aid for its former benefits division Elixir, a New Jersey bankruptcy judge ruled Wednesday, saying his earlier ruling on $200 million in disputed liabilities from the sale didn't fundamentally disrupt a post-closing price adjustment.
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July 24, 2024
Senate Dems Demand Scrutiny Of T-Mobile, UScellular Deal
T-Mobile's plan to buy the wireless operations of yet another mobile network operator — this time, United States Cellular Corp. — several years after it was allowed to merge with Sprint to become the third biggest carrier in the country is a bad idea, a handful of Democratic senators have told the U.S. Department of Justice and FCC.
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July 24, 2024
Home Depot Truck Rental Keeps Win In Ramp Injury Suit
A New Jersey appeals court won't upend a midtrial win for Tool & Truck Rental at the Home Depot in a suit from a man who alleges he was injured because of a faulty ramp.
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July 24, 2024
NJ Atty Suspended For Using Client Funds From RICO Cases
The New Jersey Supreme Court this week issued a three-year suspension against an attorney accused of misusing client funds from a racketeering case to buy a new computer system and pay his wife for paralegal services.
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July 24, 2024
McCarter & English Beats Biotech Malpractice Suit In NJ
McCarter & English LLP defeated a New Jersey biotechnology company's legal malpractice suit this week, following a New Jersey state judge's finding that the malpractice claims should have been brought in an earlier round of litigation over unpaid legal fees.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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."
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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.
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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.
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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.
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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.
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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.
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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.
Expert Analysis
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Series
Coaching High School Wrestling Makes Me A Better Lawyer
Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.
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SG's Office Is Case Study To Help Close Legal Gender Gap
As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.
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Reimagining Law Firm Culture To Break The Cycle Of Burnout
While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Series
Competing In Dressage Makes Me A Better Lawyer
My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.
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The Legal Industry Needs A Cybersecurity Paradigm Shift
As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.
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As Promised, IRS Is Coming For Crypto Tax Evaders
The IRS is fulfilling its promise to crack down on those who have neglected to pay taxes on cryptocurrency earnings, as demonstrated by recently imposed prison sentences, enforcement initiatives and meetings with international counterparts — suggesting a few key takeaways for taxpayer compliance, say attorneys at BakerHostetler.
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5 Reasons Associates Shouldn't Take A Job Just For Money
As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.
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1869 Case May Pave Off-Ramp For Justices In Trump DQ Fight
In deciding whether former President Donald Trump is disqualified from Colorado's Republican primary ballots, the U.S. Supreme Court could rely on due process principles articulated in a Reconstruction-era case to avert a chaotic or undemocratic outcome, says Gordon Renneisen at Cornerstone Law Group.
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Series
Playing Competitive Tennis Makes Me A Better Lawyer
My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.
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The Questions Around Prometheum's SEC-Compliant Strategy
While the rest of the crypto industry has been engaged in a long-running battle to escape the U.S. Securities and Exchange Commission's jurisdiction, a once-obscure startup called Prometheum has instead embraced the SEC's view to become the first crypto special-purpose broker-dealer, but it's unclear whether it can turn its favored status into a workable business, says Keith Blackman at Bracewell.
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Series
The Pop Culture Docket: Judge Djerassi On Super Bowl 52
Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.
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How Merck Settlement Can Inform Cyberinsurance Approach
This month's settlement in Merck v. ACE spotlights how cyber exclusions have evolved since the significant decision in the case — allowing for insurance coverage despite the presence of a policy war exclusion — and where else corporate risk managers may look for coverage in case of a cyberattack, say attorneys at McGuireWoods.
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Bid Protest Spotlight: Supplementation, Conversion, Rejection
In this month's bid protest roundup, Lyle Hedgecock and Michaela Thornton at MoFo discuss recent cases highlighting how the U.S. Government Accountability Office and the U.S. Court of Federal Claims consider supplementation of the record and an agency’s attempt to convert a sealed bid opportunity into a negotiated procurement, as well as an example of precedential drift.
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What Businesses Should Know About NJ Privacy Bill
New Jersey’s recently passed comprehensive privacy bill S.B. 332 presents businesses with a nuanced framework and compliance obligations, including opt-in consent requirements for sensitive data, with recommendations for businesses to organize data, review consent requirements and more, says Trisha Sircar at Katten.
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10 Years Of Retail Battles: Unpacking Pricing Litigation Trends
A close look at a decade of pricing class actions against retailers reveals evolving trends, plaintiffs bar strategies, and the effects of significant court decisions across states, say attorneys at Benesch.