News

High Court Holds Child Abuse Confidentiality Statute Ambiguously Written

Michael Booth | May 25, 2018

In a per curiam, unanimous ruling released May 24, the court said the language of the statute that criminalizes the unauthorized release or encouraging the release of confidential child abuse information is ambiguous in that it is unclear as to whether the statute applies to anyone or only to employees of the Division of Child Protection and Permanency.

Racetrack Operator Seeks to Recover $150M in Lost Sports Bets From NCAA, Leagues

Charles Toutant | May 25, 2018

In a motion filed in federal court in Trenton, the New Jersey Thoroughbred Horsemen's Association is seeking reimbursement of nearly $150 million in wagers that it says it would have collected during years of litigation waged over the state's desire to legalize sports betting.

Commentary

Science and Law Evolve Together, Sex Offender Registry Case Reminds Us

Law Journal Editorial Board| May 25, 2018

This is how law and social science are meant to intersect. The case reminds us that, as our knowledge of human behavior evolves, our approach to legal issues will evolve as well.

Commentary

Sports Betting Decision Highlights 10th Amendment Revival

Law Journal Editorial Board| May 25, 2018

Historically states’ rights was often viewed as the last resort of racists and other obscurantists to resist a progressive federal government. But political alignments change, and the 10th Amendment turns out to have uses perhaps undreamed of 20 years ago.

News

After Hours

Jonathan Erway | May 25, 2018

Bertone Piccini Does ‘Jersey and Jeans Friday' for Fundraiser; Riker Danzig Sponsors Relay For Life; Porzio ‘Denim Day’ Raises $900 for Homeless Veterans.

Commentary

Not Just Sports Betting

Michael D. Schottland| May 25, 2018

OP-ED: Analyzing the SCOTUS decision on PASPA, the Professional and Amateur Sports Protection Act of 1992.

News

SG Urges SCOTUS to Review 'Clear Evidence' Ruling in Fosamax Case

Amanda Bronstad | May 24, 2018

The U.S. solicitor general has asked the U.S. Supreme Court to review a case that addresses one of the most significant federal pre-emption issues for brand drug companies since Wyeth v. Levine.

News

Seeger Weiss Awarded $51M in Fees for 'Landmark' NFL Concussion Settlement

Max Mitchell | May 24, 2018

Most of the attorney fees a federal judge has allocated to the lawyers who hammered out the NFL concussion settlement are set to go to one firm: New York-based Seeger Weiss.

News

J&J Hit With $25.75M Verdict Over Baby Powder's Link to Mesothelioma

Amanda Bronstad | May 24, 2018

A California jury has awarded $25.75 million to a woman diagnosed with mesothelioma due to asbestos exposure from using Johnson & Johnson’s baby powder thousands of times.

Analysis

But Wait, There's More!  Equal Pay Act Contains Other Important Provisions

Andrew M. Moskowitz| May 24, 2018

The act also includes broad anti-retaliation protections, a six-year statute of limitations, and exposure to treble damages.

Analysis

Turning the Page: The Murphy Administration’s Environmental Policy

Lewis Goldshore| May 24, 2018

Once in office, Gov. Phil Murphy and the majority in the legislature wasted no time to redefine the direction of the state’s policy concerning environmental issues.

News

On The Move

Jonathan Erway | May 24, 2018

Smuro Joins Pashman Stein Walder Hayden’s Family Law Group; Norris McLaughlin Welcomes Counsel Phillips; Lehrer Joins McManimon Scotland; Sills Cummis Adds Portantino; Townsend, Tomaio & Newmark Welcomes Cioffi.

News

DOJ Apologizes for 'Oversight' on Trump Hotel Records Fight

Ellis Kim | May 23, 2018

That “oversight” came after the government attempted to withhold the names and email addresses of various members on President Donald Trump's transition team that were already available online.

Introducing Lean Adviser Legal from Law.com

Lean Adviser Legal| May 23, 2018

There's a gap between the way lawyers are trained and the skills required to practice in today's competitive environment. That's where Lean Adviser comes in.

Justices Won't Weigh Open Records Law's Application to Worker's Reason for Quitting

Charles Toutant | May 22, 2018

The order leaves standing an Appellate Division ruling from January holding that the Ocean County Prosecutor's Office did not violate OPRA when it declined to give a reason for an employee's resignation.

News

Contempt Order Stemming From NJ Overtime Suit 'Profoundly Troubling,' Plaintiff Firms Argue

Mike Scarcella | May 22, 2018

Jenner & Block lawyers are calling "radical and profoundly troubling" a Texas federal judge's contempt order against three plaintiffs firms—Cohen Milstein Sellers & Toll, Outten & Golden, and Green Savits—for allegedly violating a nationwide injunction against the Obama-era U.S. Labor Department's overtime rule.

US Judge Rejects Challenge to NJ Firearm Carry Restrictions

Charles Toutant | May 22, 2018

The suit was brought by the Association of New Jersey Rifle & Pistol Clubs and a Wall, New Jersey, resident who was denied a permit to carry a handgun because he could not demonstrate a justifiable need.

News

Which New Jersey Firms Cracked the Am Law 200?

David Gialanella | May 22, 2018

It was a familiar picture for New Jersey firms on the Am Law 200 this year, with moves up and down the board, but one firm joined the list for the first time.

News

Is Lawyer's Service Error an 'Extraordinary Circumstance'? SCONJ Will Decide

Michael Booth | May 22, 2018

In the case of a Jersey City teacher killed along with his 5-year-old daughter in a car accident at a New Jersey Turnpike toll plaza, the state Supreme Court has taken up the issue of whether a lawyer's service of process error amounts to extraordinary circumstances sufficient to skirt dismissal because of a late tort claims notice.

News

Furniture Delivery Workers' Arbitration Agreement Held Unenforceable

Charles Toutant | May 21, 2018

A federal judge in Newark has rejected attempts by a discount furniture retailer and its delivery contractor to enforce arbitration agreements whose language was deemed ambiguous.

News

NJ, Citing Threat to Tax Base, Seeks Intervenor Status in DACA Action

Michael Booth | May 21, 2018

New Jersey Attorney General Gurbir Grewal said Monday he has moved to intervene in a lawsuit filed in federal court by the state of Texas seeking an end to the "Dreamers" immigration program.

Profile

Meet the New Jersey Law Journal’s Young Lawyers Advisory Board

Young Lawyers Advisory Board| May 21, 2018

A few new members have joined the board in recent months, so we wanted to re-introduce the team. We would also be interested in adding a few more members if you know (or if you are) a young lawyer who would be a good fit.

News

Court Orders New Trial in Contract Case Against PSEG Subsidiary

Michael Booth | May 21, 2018

In a yearslong dispute between a PSE&G subsidiary and its steel supplier, a New Jersey appeals court on Monday, reinstating the action, said a trial judge erred in blocking an executive's testimony and requiring an expert report.

News

Rutgers Law Appoints New Dean for Newark Campus

Karen Sloan | May 21, 2018

David Lopez is a nontraditional choice to lead the law school, but he brings decades of government experience to the job.

Commentary

Lawyers and Judges, Push Pro Bono to the Front of the Line

Law Journal Editorial Board| May 21, 2018

This policy, if adhered to, could actually serve as an incentive to lawyers to take on more pro bono work.

Commentary

Honed Definition of Consumer 'Harm' Needed After High Court's 'Actual Harm' Holding

Law Journal Editorial Board| May 21, 2018

The Supreme Court's latest TCCWNA ruling opens the door for substantial litigation on the subject of harm caused.

News

Justices, Divided, Say Employment Contracts Banning Class Actions Are Lawful

Marcia Coyle | Tony Mauro | May 21, 2018

"The policy may be debatable but the law is clear: Congress has instructed that arbitration agreements like those before us must be enforced as written," Justice Neil Gorsuch wrote for the majority. In dissent, Justice Ruth Bader Ginsburg called the decision "egregiously wrong."

News

Suit Over Mother's Postnatal Death Settles For $4 Million in Monmouth

Charles Toutant | May 21, 2018

The family of a woman who died after childbirth agreed to a $4 million settlement in their Monmouth County medical malpractice suit, Estate of Bloomstein v. Vaclavik, on April 4.

News

Suspended New Jersey Judge Russo Denies Ethics Violations

Michael Booth | May 18, 2018

A New Jersey judge who last year sued the state judiciary, and who is now accused of violating ethics rules for his conduct in Family Court, is pushing back against those ethics charges.

News

Fox Rothschild Practice Leader Steps Up to Defend Alleged Defecator

Roy Strom | May 18, 2018

Matthew Adams, the newly installed co-chair of the white-collar group at Fox Rothschild, may have one of the most interesting clients in Big Law.

Appeals Court Allows Civil Reservation in Child Endangerment Guilty Plea

Charles Toutant | May 18, 2018

The case stems from the December 2015 death of a 5-month-old boy at the defendant's home day care business.

News

Appeals Court Affirms Enforceability of Arbitration Clause in Auto Service Contract

Michael Booth | May 18, 2018

A New Jersey appeals court on Thursday overturned a trial judge's decision not to dismiss a putative class action targeting the service contract signed by the plaintiff when he bought a used pickup truck.

Best Practices

In the Era of #MeToo, Employers Should Consider Complaint Response Plans

Kristin D. Sostowski| May 18, 2018

In light of the increased number of reports of sexual harassment, and the heightened public expectations of how employers will handle such complaints, advance preparation is time well spent.

News

Pay Hikes for Judges, Cabinet Officers and Prosecutors Gets Murphy's Signature

Michael Booth | May 18, 2018

The governor also urged the Legislature to increase the minimum wage for all workers to $15 an hour.

News

After Hours

Jonathan Erway | May 18, 2018

Pro Bono Partnership Honors NJ Volunteers of the Year; Hudson County Bar Seeks Scholarship Applicants.

Suit Aimed at Ending NJ School Segregation Targets Role of Charter Schools

Charles Toutant | May 17, 2018

Filed on the anniversary of the U.S. Supreme Court's landmark 1954 school segregation case, Brown v. Board of Education of Topeka, the New Jersey suit seeks to stop the assignment of students, including those attending charter schools, solely on the basis of attendance boundaries.

News

Giants, Manning and Collectors Settle Memorabilia Litigation

Michael Booth | May 17, 2018

On the eve of a scheduled trial in Bergen County Superior Court, the settlement, whose terms are confidential, was reached, ending four years of litigation.

News

On The Move

Jonathan Erway | May 17, 2018

Patel Joins Parker McCay’s Corporate Practice; Riker Danzig Welcomes Associate Restrepo; New Associate Tamzoke Joins Wilentz; Brown and Fishman Join NJ Institute for Social Justice Board.

Analysis

No Legalization Yet, But 'Shift' Sees NJ Firms Firing Up Cannabis Practices

David Gialanella | May 16, 2018

As the dialogue about possible legalization of marijuana in New Jersey once again ramps up, a number of firms have announced the formation of cannabis law practice groups.

Patent Office Rejects NJ's Challenge to Pizzeria Logo Likened to Parkway Signs

Charles Toutant | May 16, 2018

Tuesday's ruling by the USPTO's Trademark Trial and Appeal Board denied the New Jersey Turnpike Authority's application to halt trademark registration of a logo by Jersey Boardwalk Pizza Co.

News

Out-of-State Plaintiffs Covered by Open Public Records Act, Court Says

Michael Booth | May 16, 2018

In a published opinion covering a trio of consolidated cases, a three-judge panel said the state Legislature, in enacting OPRA, didn't mean for it to appeal to in-state residents only.

News

Three Things to Watch For During the Rollout of Sports Betting

Charles Toutant | May 15, 2018

As sports betting rolls out, there are some issues that could bring complications to this rosy scenario.

News

What Are People Saying About Senate's New Lit Funding Bill?

Amanda Bronstad | May 14, 2018

The bill would require disclosure of third-party litigation funding in class actions and multidistrict litigation within 10 days of a case filing, or 10 days after a funding deal. It would also require disclosure of financing that provides cash to plaintiffs.

News

Top Law Schools Ask Firms to Disclose Summer Associate Arbitration Agreements

Meghan Tribe | May 14, 2018

Yale Law School and 13 other top law schools are issuing a survey to law firms asking them to disclose whether or not they require summer associates to submit to forced arbitration agreements and related nondisclosure deals.

News

Judges Reopen Whistleblower Suit by Detective Who Saw Errors in Sheridan Probe

Charles Toutant | May 14, 2018

A New Jersey appeals court has reinstated a whistleblower suit by a detective who said he suffered adverse job consequences after complaining of errors made by colleagues while investigating the deaths of a prominent couple.

Analysis

Avoiding the Imposition of a Legal Duty on Detail Representatives

Michael C. Zogby and Daryl Daly| May 14, 2018

Courts in many jurisdictions have found that detail representatives owe no legal duty to patients or physicians under failure-to-warn principles or medical malpractice negligence theories.

News

NJ Senate Judiciary Committee OKs 3 Bergen Judges for Tenure

Michael Booth | May 14, 2018

The nominations of the three judges—Keith Bachmann, Terry Bottinelli and Christine Farrington—must still be approved by the full Senate. None of the nominees faced any opposition in the committee hearing.

Analysis

How to Challenge Enforcement of Arbitration Agreement Against Nursing Home Resident

Edward Grossi| May 14, 2018

The enforceability of arbitration agreements between nursing homes and their residents is a fact-driven inquiry and implicates important policy considerations related to public safety that are not found in the typical dispute over an arbitration provision.

News

Racking Up Those Billable Hours? This Michigan Lawyer Has You Beat

Brenda Sapino Jeffreys | May 14, 2018

The Howard & Howard IP lawyer billed 3,600 hours in 2017— the equivalent of almost 70 hours a week every week of the year.

News

3rd Circuit Calls for More Attorney Fees in Mother's Case Against School District

P.J. D'Annunzio | May 14, 2018

The Third Circuit held that attorney fees continued to accrue after the rejected settlement offer was made.

Commentary

New Jersey’s Statewide Veterans Diversion Program

Edward M. Neafsey| May 14, 2018

OP-ED: Veterans arrested for certain crimes can be diverted from the criminal justice system for appropriate case management and mental health services.

News

US Supreme Court, Divided, Buys Into Wider Legalized Sports Betting

Tony Mauro | May 14, 2018

The justices in Murphy v. National Collegiate Athletic Association found the 1992 Professional and Amateur Sports Protection Act infringed on state sovereignty. The decision could transform sports and sports gambling from coast to coast.

Commentary

Beware the Freedom of the Web

Law Journal Editorial Board| May 14, 2018

China, Russia and Iran have used all available technical means to block and punish the circulation of objectionable content, with considerable success. European governments with firsthand experience of fascism seem to be comfortable controlling online expression that they deem socially dangerous. For the United States, with its robust tradition of unfettered speech, it is a much tougher issue.

Commentary

Court Rules Should Mandate a Statement of Questions

Law Journal Editorial Board| May 14, 2018

We would like to propose that the New Jersey appellate rules be amended so as to require a statement of questions presented in all appellate briefs. We believe that the federal rules serve a very useful purpose.

Profile

For incoming leader of the NJSBA, ‘lawyers helping lawyers’ is both biography and aspiration

New Jersey State Bar Association| May 14, 2018

A profile of the incoming NJSBA president, John E. Keefe Jr.

News

Middlesex County Auto Case Ends With $5 Million Verdict

Michael Booth | David Gialanella | May 14, 2018

In Tortorella v. Ong, a Middlesex County jury on April 20 awarded a Scotch Plains woman $5 million in damages as compensation for spinal injuries…

Analysis

The Legal Market Is Looking Up, Citi Q1 Survey Shows

David Altuna and Gretta Rusanow| May 14, 2018

The first quarter of 2018 continued the growth trends experienced at the end of 2017 and leave a lot to look forward to for firms as they move further into the year. But volatility and stratification still lurk.

News

A Demand Turnaround for Law Firms? Not for Everyone

Roy Strom | May 14, 2018

In the legal market, it remains true that bigger is better. A new report says Am Law 100 firms significantly outperformed their smaller peers in the first three months of 2018.

News

Deed Restriction 'Disfavoring Tenants Due to Economic Circumstances' Voided by Ocean County Judge

Michael Booth | May 11, 2018

"The deed restriction has the effect of disfavoring tenants due to their economic circumstances," Judge Marlene Lynch Ford said. "The deed restriction places unreasonable circumstances upon the right of the plaintiff to use and enjoy her property."

Analysis

Employers Can Use Blockchain to Protect Against Frivolous Discrimination Claims

Rachel Sollecito| May 11, 2018

A plaintiff would face difficulty asserting his employer’s discrimination was the reason underlying an adverse employment action if there were pre-programmed, universal metrics by which to flag a terminable offense triggered by an event.

News

Judiciary Charts Steps Taken to Rectify Crime Lab Irregularities

Charles Toutant | May 11, 2018

Alleged misconduct by a New Jersey crime lab technician has prompted charges against 1,160 criminal defendants to be marked for dismissal because purported drug evidence in those cases was destroyed, according to a judge supervising cases impacted by the lab's problems.

News

6 Cases We're Watching From the Supreme Court's Latest Conference

Marcia Coyle | May 11, 2018

A "spoofing" challenge under Dodd-Frank. GM fights a damages-only retrial. Guns are back. These are some of the cases and issues we're watching for any action at the Supreme Court from its latest conference.

Analysis

Appellate Division Clarifies a Liability Insurer’s Right to Invoke Policy Defenses

Nabila Saeed| May 11, 2018

The court in 'Northfield Ins. Co. v. Mt. Hawley Ins. Co.' rejected the assertion that prejudice to the insured is presumed as a matter of law when an insurer provides a courtesy defense under a clear reservation of rights.

NJ Consumer Litigation Bloodied But Unbowed After Justices' 'Actual Harm' Mandate

Charles Toutant | May 10, 2018

The court's April 16 decision in "Spade v. Select Comfort" and "Wenger v. Bob's Discount Furniture" was welcomed by retailers, who said it could help clear up the many class suits filed over terms of service for online transactions and would also prevent filing of more such cases.

News

Appeals Court Won't Halt Work on Statehouse Renovation Project

Michael Booth | May 10, 2018

A two-judge Appellate Division panel, in an unpublished decision, turned back an attempt by now-former Assemblyman John Wisniewski, D-Middlesex, to halt the project.

News

Litigation No Substitute for Settlement, Says Opioid MDL Judge

Amanda Bronstad | May 10, 2018

In a marked shift from the first hearing in the opioid litigation, a federal judge praised lawyers for getting closer to reaching a global settlement…

Commentary

The Color of Law: A Forgotten History of How Government Segregated America

Paula A. Franzese and Richard Brown| May 10, 2018

OP-ED: The stark facts of housing segregation and discrimination are not the products of happenstance or random selection.

News

Giuliani Resigns From Greenberg Traurig for 'All-Consuming' Trump Role

Christine Simmons | May 10, 2018

After taking an unusual unpaid leave from the firm to represent the president, Rudy Giuliani and Greenberg Traurig have fully parted ways.

News

After Hours

Jonathan Erway | May 10, 2018

Rutgers Minority Student Program Celebrates 50th Anniversary; Greenberg Traurig Supports PWJ Spring Gala; Wilentz Team Runs Jersey Shore Relay.

News

Ex-Simpson Thacher Clerk Gets 37 Months in Insider Trading Resentencing

Dan Packel | May 09, 2018

Steven Metro was charged with stealing stock tips from Simpson Thacher and scribbling them on small pieces of paper that his accomplice chewed up to destroy the evidence.

News

Parsing Decades-Old Law, NJ Court Says Creditor Can't Touch Marital Real Estate

David Gialanella | May 09, 2018

"Despite the apparent equities favoring plaintiffs, we agree with defendant that [the statute] precludes the partition and forced sale of the real property because defendant and his wife own it as tenants by the entirety," Judge Jack Sabatino wrote for the court.

News

Court Remands $166K Fee Award to Greenbaum Rowe for Receiver Work

Michael Booth | May 09, 2018

A state appeals court on Wednesday ordered further review of more than $166,000 in receivership fees awarded to New Jersey firm Greenbaum, Rowe, Smith & Davis, issuing an "admonition [that] has been repeated time and again" to trial courts that don't put reasons for their rulings on the record.

Ushering Legal Operations Into the Future: A Q&A With Reese Arrowsmith of Campbell Soup

Dan Clark | May 09, 2018

Arrowsmith, who also chairs the ACC's operations group, believes that sharing knowledge and stories of legal ops successes and failures will move the field forward.

News

On The Move

Jonathan Erway | May 09, 2018

Capehart Adds Three to Workers’ Comp Practice; Fox Rothschild Announces Practice Leadership Appointments.

Analysis

With Schneiderman's Downfall, #MeToo Grips the Legal World

Scott Flaherty | May 08, 2018

New York Attorney General Eric Schneiderman's resignation adds another name to the list of prominent male figures in the legal world who have fallen from grace in the wake of #MeToo.

$625,000 Accord Ends Suit Over Ex-Prosecutor's Order for Psych Test of Employee

Charles Toutant | May 08, 2018

A $625,000 settlement has been reached in a suit that claimed former Bergen County Prosecutor John Molinelli sent an employee of his office for involuntary commitment to a psychiatric facility as a favor to the worker's romantic rival.

News

Accusations of Assault Open Schneiderman to Possible Criminal Charges

Colby Hamilton | May 08, 2018

Defense attorneys outlined the various misdemeanor and felony charges Schneiderman could be exposed to—if someone were to press charges.

Justices to Weigh Special Master's Report on Alcotest Accuracy

Charles Toutant | May 08, 2018

The Supreme Court will have the final say, but the 218-page report by retired Appellate Division Judge Joseph Lisa, the product of a month of hearings with six expert witnesses, is expected to carry a lot of weight.

Commentary

Some Reflections on Lawyers and Loyalty

Marianne Espinosa| May 08, 2018

OP-ED: It remains an honor to be admitted to the confidence of a client, but blurring the line between attorney and client is a risky proposition.

News

Castner, Horizon VP and Former Gibbons Lobbyist, Named NJ Gun Control Czar

Michael Booth | May 07, 2018

"We will recognize this epidemic as it is, in strict contrast to what is going on in Washington," William Castner Jr. said. "New Jersey can pursue actions against bad actors."

Cleared of Criminal Charges, Judge Still in Ethics Jam Over Harboring Boyfriend

Charles Toutant | May 07, 2018

Carlia Brady has been accused of breaking four canons of the Code of Judicial Conduct based on her dealings with police when they sought to arrest her then-boyfriend on an armed robbery charge in 2013.

Commentary

State ‘Net Neutrality’ Bills Underscore Need for Congress to Act

Anthony T. Clark| May 07, 2018

OP-ED: Congress needs to come together and craft a comprehensive solution that enshrines clear consumer protections and sparks the innovation and investment necessary for connecting all Americans to a free and open internet.

News

In Boss-Rating Site Case, Justices Offer Mixed Ruling for Online Reporters

Michael Booth | May 07, 2018

Bringing defamation law in line with the internet age, the New Jersey Supreme Court on Monday held that the single publication rule applies to a defamatory article posted online, but said significant changes to such a posting restart the statute of limitations.

Commentary

Proud to Have Rutgers as Our State Law School

Law Journal Editorial Board| May 07, 2018

New Jersey should be proud of the accomplishments of the law school of Rutgers, our state university.

Commentary

Supreme Court Correctly Balanced Constitutional Provisions in Morris County Church Case

Law Journal Editorial Board| May 07, 2018

Many of us, like Justice Sotomayor, were concerned that our historic church/state separation had been badly damaged by Trinity Lutheran, and it may have been. But Chief Justice Rabner emphasized that the funds the Morris County churches sought and obtained were put to a religious use.

News

Eckert Seamans Scraps Two-CEO Model After One Year

Lizzy McLellan and Zack Needles| May 07, 2018

Pittsburgh-based Eckert Seamans announced late last month that Dorothy Davis would no longer serve as a co-CEO of the firm, leaving Tim Hudak as the sole CEO. Sources say Davis as CEO made changes without communicating to others in the firm, while Hudak took a decidedly hands-off approach to his leadership role.

News

Spinal Surgery Complications Lead to $4.5M Verdict in Union

Charles Toutant | David Gialanella | Michael Booth | May 07, 2018

A Union County jury awarded $4.5 million on April 6 in a medical malpractice suit, Ayala v. Friedlander, M.D., over errors in a man's spinal surgery. But…

BAR REPORT - Capitol Report

New Jersey State Bar Association| May 07, 2018

State bar acts on juvenile waiver report recommendations and uniform notification of municipal court closings

BAR REPORT - Reflecting on a Year of Accomplishments

NJSBA President Robert B. Hille| May 07, 2018

Dedication of NJSBA volunteers is a formidable force and leaves a lasting legacy

Botched Calibration Could Invalidate Thousands of NJ Breath Tests, Justices Told

Charles Toutant | May 04, 2018

The study was prompted by the discovery that a state police sergeant performed calibrations of Alcotest devices over the course of seven years with a thermometer that was not the NIST-traceable type specified in "State v. Chun."

Town Defiant After NJ AG Opposes 'Residents-Only' Traffic Ordinance

Charles Toutant | May 04, 2018

A lawyer who sued Leonia over its restrictions on nonresident motorists filed an order to show cause on Friday, asking the town to stop enforcing its law in light of an opinion from the Attorney General's Office declaring Town Ordinance 2018-5 invalid.

Analysis

The Case for Apportionment of Fault Against Unidentified Perpetrators

Howard S. Shafer and Brian J. McAteer| May 04, 2018

While New Jersey case law is moving in favor of liability apportionment for phantom parties, this legal trend still has its share of critics.

Analysis

Must Consumer Suffer Adverse Consequence in Order to Sue Under TCCWNA?

Stephen M. Orlofsky and Ethan M. Simon| May 04, 2018

There is no doubt that the decision in "Spade v. Select Comfort Corp." will significantly impact both pending and future TCCWNA claims.

News

After Hours

Jonathan Erway | May 04, 2018

Virginia Long Inn of Court Tackles Bankruptcy, Family Law; Chiesa Shahinian & Giantomasi Volunteer on Earth Day; Brach Eichler Does 100 Charitable Endeavors in 50th Year; Aquilio Joins ABA Appellate Practice Journal Board of Editors.

News

NY Court of Appeals Affirms Code-Stealing Conviction for Ex-Goldman Sachs Coder

Andrew Denney | May 03, 2018

Sergey Aleynikov’s loss at the Court of Appeals is the latest development in a legal odyssey that began in 2009, when the computer engineer left Goldman Sachs to work for a startup that offered to triple Aleynikov’s salary at Goldman to $1.2 million.

News

NJ Judge Faces Ethics Charges Over Handling of Children's School Expulsion

Michael Booth | May 03, 2018

In a case that's already made headlines because of the issue of gender in school sports, a New Jersey judge has been charged with ethics violations for allegedly acting belligerently after her daughters were expelled from their parochial school during litigation against the school.

Generic Drug Litigation Snowballed in 2017, With Del., NJ as Top Venues

Charles Toutant | May 03, 2018

Litigation over generic drug applications under the Abbreviated New Drug Application process increased 30 percent in 2017, according to a report by litigation analytics company Lex Machina. 

News

On The Move

Jonathan Erway | May 03, 2018

Maron Marvel Opens in Jersey City; Flaster Greenberg Launches Cannabis Practice; Goldberg Segalla Welcomes Two Associates.

News

New Wave of Class Actions Blame Opioid Industry for Rising Health Insurance Costs

Amanda Bronstad | May 02, 2018

The suits, filed in five states, were brought by individual persons against opioid manufacturers and distributors, and are among the few class actions filed against drugmakers and marketers.

Analysis

'Mommy Track' Lawsuit Aside, Many Firms Look to Make Life Easier on Parents

Scott Flaherty | May 02, 2018

Many law firms have continually expanded their support programs for new parents as they discover that official parental leave policies alone do little to end the perception of gender inequality and a "mommy track."