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Court OKs 'Portee' Claim for Same-Sex Spouse in Child Death Case

Michael Booth | August 17, 2018

"A rational jury can find that Benning was a de facto mother to the child, and felt her loss as deeply as any parent facing that horrific event," wrote Appellate Division Judge Jose Fuentes.

News

Pa. Firm Claims It 'Wasted' $300K on FindLaw's 'Ineffective' Web Marketing Services

Zack Needles | August 17, 2018

On Aug. 16, a federal judge granted FindLaw's request to transfer the lawsuit from the Western District of Pennsylvania to the District of Minnesota based on the forum-selection clause in a series of contracts entered into by the parties.

News

After Hours

Jonathan Erway | August 17, 2018

'Meyner Leaguers' Run for Leukemia and Lymphoma Society The Meyner and Landis “Meyner Leaguers” participated in the 2018 New Jersey Corporate…

News

'Counsel Must Accept the Good With the Bad': Judge Blocks Post-Settlement Withdrawal Bid in Benicar MDL

Charles Toutant | August 16, 2018

"If counsel is now 'scared off' by the prospect of paying for trial, counsel should not have undertaken the representation of plaintiff in the first instance," U.S. Magistrate Judge Joel Schneider said.

News

Why Has NJ Government Bond Market Slowed in 2018?

David Gialanella | August 16, 2018

New Jersey's government bond market has once again seen fewer bonds issued in the first half of the year, this time dropping off more precipitously.

News

On The Move

Jonathan Erway | August 16, 2018

Garibaldi Joins Weber Gallagher as Associate Weber Gallagher Simpson Stapleton Fires & Newby brought on associate Nicole M. Garibaldi to the…

News

35 AGs File Amicus Briefs Citing a State's 'Unique Role' in Fixing the Opioid Crisis

Amanda Bronstad | August 15, 2018

Opioid manufacturers and one distributor say the complaint against them lacks specifics to back up deceptive trade practices and public nuisance claims. But the amicus briefs said none of that mattered because a state has a “unique role” in the opioid crisis.

News

Kasowitz, After Suing Another Firm, Faces Its Own Malpractice Claim

Christine Simmons | August 15, 2018

"Now Kasowitz is getting some of its own medicine," said Stephen Meister of Meister Seelig & Fein, the defendant in an earlier malpractice case handled by Kasowitz Benson Torres.

Event News

Community Calendar

Jonathan Erway | August 15, 2018

Please send calendar items to assistant editor Jonathan Erway at jerway@alm.com, Attention: CALENDAR. For more information…

News

3rd Circuit Won't Disturb $500 Chemical Exposure Award in Paulsboro Derailment Case

Charles Toutant | August 15, 2018

The Third Circuit on Wednesday found no abuse of discretion in rejection of the plaintiff's medical expert for failure to proffer a sufficiently reliable causation methodology under the standard set out in the U.S. Supreme Court's 1993 "Daubert v. Merrell Dow Pharmaceuticals" decision.

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Court Limits Offer-of-Judgment Sanctions in Multidefendant Cases

Michael Booth | August 15, 2018

"It would be unfair to impose sanctions in a case where the only means for a party to avoid sanctions would be to pay a greater amount than the jury's verdict against the party, without advance notice of that consequence," Justice Faustino Fernandez-Vina said in "Willner v. Vertical Reality."

News

Former Newark Judge Claims False Accusation of Drinking at Work Led to Termination

Michael Booth | August 15, 2018

"The Defendants’ conduct appears to be in retaliation for having a perceived condition of alcoholism," the complaint said. "Defendants have wrongfully discharged Plaintiff from her position as a Municipal Court Judge in violation of a clear mandate of public policy."

News

Johnson & Johnson Cites NJ Supreme Court's Accutane Decision in Talc Appeal

Amanda Bronstad | August 14, 2018

Science has been a key debate in the talcum powder cases, in which thousands of women allege Johnson & Johnson’s baby powder caused their ovarian cancer.

News

Mayer Brown Partner's Killing Shocks Colleagues, Appellate Bar

Ryan Lovelace | August 14, 2018

Stephen Shapiro's sudden death sparked an outpouring of reactions and remembrances from friends and fellow practitioners.

News

Servers Allege NJ Restaurant Owners 'Taxed' Their Tip Money

Michael Booth | August 14, 2018

The lawsuit alleges that the restaurant owners engaged in what the servers called a "tax," in which the owners took up to 4 percent of the servers' tips at the end of each shift.

News

3rd Circuit: Sentence of Convict Labeled 'Career Criminal' Must Be Re-evaluated

P.J. D'Annunzio | August 13, 2018

In light of a U.S. Supreme Court decision declaring the law was too vague as to what constitutes a violent career criminal, a convicted murderer's mandatory 15-year sentence on a gun charge will have to be re-examined, a federal appeals court ruled.

News

Judge Tosses Medical Marijuana User's Disability Discrimination Suit

Charles Toutant | August 13, 2018

New Jersey's Compassionate Use Medical Marijuana Act shields qualifying users from criminal prosecution and certain civil penalties, but it does not obligate employers to allow employees to use medical marijuana, U.S. District Judge Robert Kugler said Aug. 10 in granting a motion by defendant Ardagh Glass Packing Inc. to dismiss the plaintiff's disability discrimination suit.

News

Split Supreme Court Ruling Blocks Disclosure of Police Dashcam Footage

Michael Booth | August 13, 2018

In a 4-3 ruling, the majority said dashcam footage not required by statute to be taken can be considered a record of criminal investigation that is exempt from OPRA.

News

J&J Can't Dodge Pfizer's Antitrust Suit, Judge Rules

Max Mitchell | August 13, 2018

The ruling allows Pfizer to proceed with its antitrust lawsuit against J&J on allegations that rebate programs J&J entered into with insurers and hospitals were designed to curb competition.

News

Spinal Injuries in Bank Parking Lot Fall Lead to $7 Million Settlement in Middlesex

Michael Booth | David Gialanella | August 13, 2018

A plaintiff will receive $7 million in his Middlesex County suit, Vaidya v. Bank of America, as compensation for injuries he sustained when he slipped…

News

Amid Email Ethics Flap, Former Camden Prosecutor Sues Judge, City

Michael Booth | August 10, 2018

A former Camden municipal prosecutor, who was on the receiving end of a series of allegedly "discourteous and undignified emails" from the city's chief judge, is suing the judge and the city, claiming the incident caused her to leave her job.

News

For Some Legal Departments, Two GCs Are Better Than One

Kristen Rasmussen | August 10, 2018

Sometimes, it takes two. The legal department at Hearst Communications recently took the unusual step of appointing dual general counsel. Here are four others that have adopted this unusual model.

News

On The Move

David Gialanella | August 09, 2018

K&L Gates Hires Partner Saltzman to Newark Office K&L Gates announced the addition of real estate lawyer Jody E. Saltzman to the Newark…

News

Justices Say No Actual Harm Needed to Prove Child Endangerment

Michael Booth | August 09, 2018

"Not one published opinion holds otherwise," Justice Walter Timpone said. "We find no reason to disturb the decades-old sound precedent predicated on the plain language of the statute."

News

3rd Circuit Won't Let JPMorgan Avoid FINRA Arbitration Based on Forum Selection Clause

Charles Toutant | August 09, 2018

The Third Circuit has ruled that JPMorgan & Co. can't use a forum selection clause to avoid its obligation as a member of the Financial Industry Regulatory Authority to arbitrate all claims brought against it by a client.

News

As the Business Evolves, so Does Legal: a Q&A With Vonage's Randy Rutherford

Dan Clark | August 09, 2018

Rutherford shared his views with Corporate Counsel about the rise of AI and the big shift that's taken place in his own law department, among other topics.

News

Municipal Judge's Jailing of Defendant Over Unpaid $239 Fine Yields $180,000 Settlement

Charles Toutant | August 09, 2018

A civil rights suit over a municipal judge's jailing of an indigent defendant for nonpayment of a $239 fine, a case that helped lead to the mounting calls for municipal court reform in New Jersey, has been resolved by a $180,000 settlement, according to records obtained by the Law Journal.

News

Student Expelled on Sex Assault Charge Can't Sue Rider as 'Doe,' Judge Says

Charles Toutant | August 08, 2018

The plaintiff's fear of social stigma fails to outweigh the general interest in favor of open judicial proceedings, U.S. Magistrate Judge Tonianne Bongiovanni ruled. And a statement to the media by Doe's lawyer in connection with the case also weighs against granting permission to proceed anonymously, she added.

News

Legislative Veto of Executive Branch Rules Upheld

Michael Booth | August 08, 2018

The New Jersey Legislature has the authority to overturn executive branch rules if it believes those rules run counter to legislative intent, but lawmakers' actions may be subject to limited judicial review, the state Supreme Court ruled on Wednesday.

Analysis News

A Big Four-Branded New Law Competitor Could Be a ‘Safe Disruptor’

Roy Strom | August 08, 2018

Ernst & Young is the first of the Big Four to acquire a managed services firm. What happens next?

News

Office of Attorney Ethics Chief Faces Gender Discrimination Suit From Former Staff Lawyer

Charles Toutant | August 08, 2018

The longtime director of New Jersey's Office of Attorney Ethics is defending a suit claiming he runs the agency like a "boys club" and shows open hostility to women employees, the Law Journal has learned.

News

After Hours

David Gialanella | August 08, 2018

Greenbaum Rowe, Federal Bar Young Lawyer Group Run Equal Representation Seminar; Saiber Joins 2018 New Jersey Corporate Fun Run.

News

DC Circuit Says Prosecutor Discipline Records Fair Game in FOIA Suit

Scott Flaherty | August 07, 2018

Siding in part with a convicted fraudster's Freedom of Information Act request, the D.C. Circuit found that the Justice Department's internal disciplinary office can't invoke a blanket exemption for "law enforcement" records.

News

Class Certified in Case Against Phone Provider for NJ Jails and Prisons

P.J. D'Annunzio | August 07, 2018

A suit claiming that the private company contracted to provide phone services at nearly every New Jersey correctional facility charges improperly inflated rates has been granted class action status.

News

NJ Appeals Court Imposes Duty to Warn of Asbestos in Replacement Parts

Michael Booth | August 07, 2018

A New Jersey appeals court has ruled that a manufacturer has a duty to warn about the risk of harm from exposure to asbestos-containing replacement parts, even if the manufacturer did not make or distribute those parts.

News

Debt Buyers Are Debt Collectors Too, Third Circuit Says

P.J. D'Annunzio | August 07, 2018

Judge Thomas Ambro opened the court's opinion in the spirit of the character Wimpy from the Popeye cartoon: "Many would gladly pay Tuesday for a hamburger today. Of course, not all of those who fall into debt make payments timely, and debt collection has become a professional trade."

News

Judge Won't Put Marketing Call Suits on Hold for Pending FCC Rules

Charles Toutant | August 06, 2018

A federal judge in Camden has ruled that two Telephone Consumer Protection Act suits against Freedom Mortgage Corp. should not be stayed while the FCC develops guidance on what constitutes an automated telephone dialing system under the statute.

News

Judicial Review, Not Local Approval, Needed for Montclair State Road Project, Supreme Court Rules

Michael Booth | August 06, 2018

Montclair is relieved of any obligation to further attempt to coordinate traffic improvement plans on an access road adjacent to neighboring Clifton Township and Passaic County. However, the court added a caveat: There must be a hearing before a judge.

News

Plaintiff Recovers $1.48 Million For Icy Apartment Parking Lot

Michael Booth | August 06, 2018

In Scott v. Georgia King Village, a Newark woman is to receive $1.48 million as compensation, including $1.3 million awarded by an Essex County jury,…

News

Women Partners, Law Firm Leaders Have Vastly Different Big Law Lives, Study Shows

Roy Strom | August 03, 2018

A new American Bar Association analysis shows that men and women experience life at large law firms vastly differently. The data underscores what the ABA hopes will be the first step toward changing that.

News

Appeals Court Reinstates $26.3M in Unpaid Claims by Meadowlands Hospital

Michael Booth | August 03, 2018

A New Jersey appeals court has ruled that Meadowlands Hospital in Secaucus may continue to pursue claims that it is owed more than $26.3 million in outstanding Medicare and Medicaid payments.

News

After Hours

Jonathan Erway | August 03, 2018

New Jersey lawyers and judges, and their extracurricular activities.

News

MDL Panel Sends Shingles Vaccine Lawsuits From NY, Other States to Pennsylvania

Amanda Bronstad | August 03, 2018

The lawsuits, filed in Pennsylvania, New Jersey, New York, Wisconsin and Massachusetts, allege that Merck failed to warn that the virus in the vaccine caused shingles, brain damage and death, among other things.

News

Norris McLaughlin Names New Chairman, Makes Other Leadership Moves

Michael Booth | August 02, 2018

Norris McLaughlin & Marcus has elected John Vanarthos, a longtime partner who has served four years on the management committee, as the firm's new chairman, and made changes at other leadership posts.

News

Is This the Fastest-Growing Firm in Big Law?

Meghan Tribe | August 02, 2018

"I would say within five to seven years, we’re going to replace Quinn Emanuel as the next dominant global litigation firm, no question," said former Quinn Emanuel partner John Pierce, now managing partner of Pierce Bainbridge Beck Price & Hecht.

News

Compliance Officer's Suit vs. NJ Economic Development Authority Trimmed, But Clears Hurdle

Michael Booth | August 02, 2018

U.S. District Judge Freda Wolfson said the plaintiff can pursue a hostile work environment claim, but knocked out claims lodged under the New Jersey Law Against Discrimination, the New Jersey Civil Rights Act or the Age Discrimination in Employment Act.

News

On The Move

Jonathan Erway | August 02, 2018

A roundup of moves in New Jersey.

News

Job Market for Law Grads 'Surprisingly Strong,' NALP Finds

Karen Sloan | August 01, 2018

Robust Big Law hiring bolstered the entry level employment market for the law class of 2017, which saw increases in both the overall employment rate and in median and average salaries.

News

Court Axes Accutane Suits, Adopts 'Daubert' Standard for Expert Reports

Michael Booth | August 01, 2018

In the ruling, the court adopted the standard set by the U.S. Supreme Court’s 1993 decision, "Daubert v. Merrell Dow Pharmaceuticals," which sets a high standard for the use of experts in products liability cases—more stringent than New Jersey’s Rule of Evidence 702.

News

Supreme Court Sets New Evidentiary Standard in Child Sex Abuse Cases

Katheryn Tucker | August 01, 2018

In a 58-page opinion authored by Chief Justice Stuart Rabner, the unanimous court ruled against the admissibility of most elements of a theory, child sexual abuse accommodation syndrome, long used to explain why children often don’t disclose sexual abuse until they grow up.

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