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January 17, 2024 | New Jersey Law Journal

NJ Supreme Court Asked to Uphold Bright-Line Decision on Class Action Waiver Absent Mandatory Arbitration Agreement

"We do urge the court to affirm the bright-line rule articulated by the Appellate Division that class action waivers outside of arbitration are per se unconscionable under New Jersey's public policy as necessary to protect the important public interests that underlie New Jersey's public policy favoring class actions in cases that do meet the requirements under Rule 4:32-1," the plaintiffs' counsel, Miriam S. Edelstein of Costello & Mains, said.
6 minute read
January 16, 2024 | Corporate Counsel

Why Two Lawyers Find Joy in Providing Medical Care to Guatemalans

"It was really one of the most unique experiences of my life because you were in a place that was so far removed from the day-to-day work that consumes all of us," said trip organizer Ammon Smartt, general counsel of Willis Towers Watson.
8 minute read
Salt Meadows Homeowners Ass'n, Inc. v. Zonko Builders, Inc.
Publication Date: 2024-01-15
Practice Area: Damages
Industry: Construction | Hospitality and Lodging | Real Estate
Court: Delaware Supreme Court
Judge: Justice Seitz
Attorneys:
For plaintiff: Matthew J. Rifino, Kate R. Buck, Shannon D. Humiston, McCarter & English, LLP, Wilmington, DE for appellants.
For defendant: Colin M. Shalk, Kenneth M. Doss, Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, DE for appellee.
Case number: 94, 2023

Trial court properly granted remittitur where jury verdict including inflated repair costs was based on testimony from witnesses unqualified to testify about inflation and increased expenses.

PJM Power Providers Group v. Fed. Energy Regulatory Comm'n
Publication Date: 2024-01-15
Practice Area: Public Utilities
Industry: Energy | Federal Government | State and Local Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Roth
Attorneys:
For plaintiff: Elbert Lin, Charles D. Wallace, III, Hunton Andrews Kurth, Richmond, VA; John L. Shepherd, Jr., Hunton Andrews Kurth, Washington, DC; Paul W. Hughes, McDermott Will & Emery, Washington, DC; Kriss E. Brown, Christian A. McDewell, Pennsylvania Public Utility Commission, Harrisburg, PA; Thomas G. Lindgren, Werner L. Margard, III, Office of Attorney General of Ohio, Columbus, OH; Jeffrey W. Mayes, Monitoring Analytics, Eagleville, PA; Denise C. Goulet, McCarter & English, Washington, DC for petitioners.
For defendant: Jared B. Fish, Federal Energy Regulatory Commission, Washington, DC; Danielle C. Fidler, Earthjustice Legal Defense Fund, Washington, DC; Peter Hopkins, Amber L. Martin Stone, Jeffrey A. Schwartz, Scott H. Strauss, Cynthia Bogorad, Lauren L. Springett, Spiegel & McDiarmid, Washington, DC; Matthew Price, Jenner & Block, Washington, DC; Miles H. Mitchell, Maryland Public Service Commission, Baltimore, MD; David C. Apy, Office of Attorney General of New Jersey Division of Law, Trenton, NJ; Robert A. Weishaar, Jr., McNees Wallace & Nurick, Washington, DC; Ryan J. Collins, Paul M. Flynn, Wright & Talisman, Washington, DC; Caroline Reiser, Natural Resources Defense Council, Washington, DC; Casey Roberts, Sierra Club, Denver, CO; Megan C. Wachspress, Sierra Club Environmental Law Program, Oakland, CA; Sarah A. Hunger, Office of Attorney General of Illinois, Chicago, IL Cynthia Bogorad, Lauren L. Springett, Spiegel & McDiarmid, Washington, DC; Adrienne E. Clair, Thompson Coburn, Washington, DC; Daniel E. Frank, Allison Speaker, Eversheds Sutherland, Washington, DC; Andrew D. Cordo, Shannon E. German, Wilson Sonsini Goodrich & Rosati, Wilmington, DE; Gerit Hull, American Municipal Power, Columbus, OH; John E. McCaffrey, III, American Public Power Association, Arlington, VA; Anthony J. Corino, PSEG Corporation, Newark, NJ for respondents.
Case number: 21-3068

FERC commissioners' statements following deadlock over proposed tariff were sufficient to demonstrate that the agency's "action through inaction" found the tariff just and reasonable.

January 11, 2024 | New Jersey Law Journal

'A Hurricane Is Headed' This Way: Lawyers Urge State to Brace for Trump Ballot Challenge

The authors are David Broderick, who is of counsel at McCarter & English; Flavio Komuves, who is with Weissman & Mintz in Somerset, and Renee Steinhagen, executive director at the New Jersey Appleseed Public Interest Law Center.
4 minute read
Law Journal Press | Digital Book New Jersey Local Government Deskbook 2024 Authors: Thomas P. Scrivo, Steven H. Sholk, Gibbons P.C. View this Book

View more book results for the query "Mccarter English"

January 09, 2024 | New Jersey Law Journal

9 Judicial Nominees Cleared to Superior Court, Only 47 More Vacant Seats to Fill

"Judicial vacancies continue to undermine the judiciary's role as a vital government service and co-equal branch of government," NJSBA President Timothy McGoughran said. "Unfortunately, we witness the impact of these vacancies every day."
9 minute read
January 04, 2024 | New York Law Journal

Litigating 'Cause' Under New York Employment Contracts

Sometimes the "cause" standard in employment contracts specifies particular misconduct and a minimum level of culpability, such as "gross negligence" or "recklessness." Sometimes it's undefined. Either way, these provisions leave open a critical issue: the relevance of the employer's honesty, good faith and evenhandedness in applying the "cause" standard. Surprisingly, the New York case law on this point is a mixed bag.
8 minute read
January 03, 2024 | New Jersey Law Journal

Appellate Division Refuses to Assume Attorney-Client Privilege for Shareholders in Closely Held Corporations

"In our opinion on the first appeal, we declined defendants' request to adopt a rule where shareholders in closely held corporations are presumed to hold the privilege individually as distinct from the corporate entity," the opinion said. "We continue to decline to make that rule in this opinion."
5 minute read
Royzenshteyn v. Pathak
Publication Date: 2024-01-02
Practice Area: Corporate Entities
Industry:
Court: Appellate Division
Judge: Per Curiam
Attorneys:
For plaintiff:
For defendant:
Case number: A-1386-22

Plaintiffs appealed the denial of their motion to reject the special master's report and the order compelling them to produce their communications with the law firm McCarter & English to defendants.

In the Matter of the R.W. Burrows Grantor Family Trust
Publication Date: 2023-12-23
Practice Area: Civil Appeals
Industry:
Court: Appellate Division, Fourth Department
Judge: Unsigned Smith, J.P., Bannister, Ogden, Greenwood, and Delconte, JJ.
Attorneys:
For plaintiff:
For defendant:
Case number: 0868

In the Matter of the R.W. Burrows Grantor Family Trust

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