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Light at the End of the Tunnel? New Jersey Supreme Court Issues Opinion Invalidating COAH Third Round Rules

The New Jersey Supreme Court has issued an opinion [ enhanced version available to lexis.com subscribers ] invalidating the Council on Affordable Housing’s Third Round Rules, found at N.J.A.C. 5:96 [ enhanced version available to lexis.com subscribers ] and 5:97 [ enhanced version available to...

New Jersey Supreme Court Refuses To Hear Challenge To Waiver Rule

by: Peter J. Gallagher The New Jersey Supreme Court has denied a request by a group of challengers to the so-called Waiver Rule ( N .J.A.C. 7:1B-1.1, et seq .) -- which allows the New Jersey Department of Environmental Protection (”DEP”) to waive certain environmental regulations on...

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An Employee of My New Jersey Company Took a Lot of Leave Last Year. Is He Eligible Now for New Jersey Family Leave Act Leave?

Because it is unsettled who — the employer or, instead, the employee — bears the burden of showing that an employee has worked the 1,000 base hours, during the immediately preceding twelve-month period, that render the employee eligible for leave under the New Jersey Family Leave Act, N.J...

Ballard Spahr LLP: New Jersey’s New Social Media Privacy Law Takes Effect

By Donna D. Page and Mary Cate Gordon New Jersey is now among a growing number of states with social media privacy laws to protect personal social media accounts of current employees and applicants. On August 29, 2013, Governor Chris Christie signed a bill that prevents employers from requiring job...

Keller and Heckman LLP: New Jersey Attorney General Settles Second COPPA Case

On Friday, November 22, 2013, the New Jersey Attorney General’s office announced that it settled alleged violations of the Children’s Online Privacy Protection Act (COPPA) with app developer, Dokogeo, Inc. This is the second such COPPA parens patriae action by the New Jersey Attorney General...

New Jersey Gov. Christie Signs Version of Dream Act Into Law

"Last year, Giancarlo Tello had to drop out of Rutgers University in Newark because he couldn’t afford the out-of-state tuition. This happened even though he lived in New Jersey. The problem was that Tello, 23, is from Peru and was undocumented when he came to this country at age 6. In New...

Must My Company In New Jersey Offer or Provide Health Insurance to Its Employees?

Whether a business in New Jersey must offer or provide health insurance to its employees depends on the number of workers that the business employs. In general: Employers in New Jersey with 50 or more employees must provide “minimum essential” health care coverage for employees who...

Merck Settles All NuvaRing Birth Control Injury Cases For $100 Million

HACKENSACK, N.J. — (Mealey’s) Merck & Co. subsidiary Organon has agreed to a $100 million nationwide settlement of all claims alleging blood clot injuries from the NuvaRing contraceptive device, according to a master settlement agreement filed Feb. 7 in a New Jersey and a federal court...

Jersey City, New Jersey Passes Law Mandating Paid Sick Leave For Workers

On October 21, 2013, Jersey City Mayor Steve Fulop signed into law the Jersey City Earned Sick Time Ordinance, Ordinance 13.097 (the “Jersey City Earned Sick Time Ordinance,” the “Earned Sick Time Ordinance,” the “Ordinance,” or the “JCESTO”). Effective...

New Jersey Jury Awards $1.58M In Retrial Of Accutane Bowel Injury Case

ATLANTIC CITY, N.J. — (Mealey’s) A New Jersey state court jury on March 11 found that Hoffman-La Roche failed to adequately warn that its former acne drug Accutane could cause ulcerative colitis and awarded the plaintiff $1,587,928 for past medical expenses and for pain and suffering ( Kamie...

Newark, New Jersey Enacts Law Mandating Paid Sick Leave For Workers

On January 29, 2014, Newark Mayor Luis Quintana signed into law the Newark Sick Leave for Private Employees Ordinance , Ordinance 13-2010 (the “Newark Sick Leave Ordinance,” the “Sick Leave Ordinance,” the “Ordinance,” or the “NSLPEO”) . Effective May 29...

Prayer Controversy Leads to Cancellation of Naturalization Ceremony in N.J.

"A standoff between [Carteret] Mayor Daniel Reiman and federal authorities over his plan to include an opening prayer at a naturalization ceremony scheduled for Saturday in Borough Hall came to a head this week, leading to the event’s cancellation. Reiman said yesterday that although he assured...

N.J. Judge Awards $90.5M In Asbestos-Related Damages After Default In 11 Cases Against International Companies

NEW BRUNSWICK, N.J. — (Mealey’s) A New Jersey judge on July 2 awarded $90.5 million in asbestos-related damages against Eternit successors Anova Holding AG and Becon AG after awarding default judgments against the international companies, sources told Mealey Publications ( Tuturice v. Anova...

McNees Wallace & Nurick LLC: Can Sending A Text Message Make You Liable For A Car Accident?

By Rachel Hadrick and Jay DeSanto In recent years, one of the most publicized societal issues has been the dangers of distracted driving. In particular, state governments have been passing laws banning certain types of cell phone use while driving. As a result, most people understand and appreciate...

$2M N.J. Accutane Verdict Reversed, 2 Defense Verdicts Affirmed On Appeal

TRENTON, N.J. — (Mealey’s) A New Jersey appeals panel on Aug. 4 vacated a $2,125,617 Accutane bowel injury verdict and affirmed defense verdicts in two other cases tried at the same time ( Gillian Gaghan v. Hoffman-La Roche Inc., et al. , Nos. A-2717-11T2, A-3211-11T2 and A-3217-11T2, N.J...

New Jersey Supreme Court Rules That Rap Lyrics Can’t Be Used To Prove Artist’s Intent To Commit Crime

“Yo, look in my eyes. You can see death comin' quick. Look in my palms, you can see what I'm gunnin' with.” These were among the words read to a New Jersey jury during Vonte Skinner’s criminal trial stemming from a drug deal gone bad. During the trial, the State and Skinner...

Foley & Lardner LLP: Energy Innovation in the Northeast Boosts the Solar Market

By Samuel J. Scroggins Connecticut, Maine, Massachusetts, New Hampshire, New York, and New Jersey are pioneering some of the nation’s most interesting developments in the retail energy space today that have important implications for the solar industry. In Massachusetts, the state has built...

What Are the Elements of Conversion in New Jersey?

In New Jersey, common law conversion is defined as ” ‘the exercise of any act of dominion in denial of another’s title to . . . chattels, or inconsistent with such title. ‘ ” Marsellis-Warner Corp. v. Rabens , 51 F. Supp. 2d 508, 525 (D.N.J. 1999) (quoting Mueller v. Technical...

Stryker Rejuvenate/ABG II Hip Implant Litigation Settles For At Least $1.42 Billion

(Mealey's) Howmedica Osteonics Corp. has set aside at least $1.42 billion to pay patients who had to undergo revision surgery as a result of corrosion or fretting of Stryker metal-on-metal Rejuvenate Modular-Neck and ABG II Modular-Neck hip implants, according to settlement documents released Nov...

My Eye-Opening Visit to an Immigration Jail - Careen Shannon

"We had been warned about the awful smell outside the detention center, though we were also told that it probably wouldn’t be too bad on this cool autumn day. I still wasn’t prepared for what hit me. As soon as the detention facility director opened up the heavy metal door to let us...

Failure-To-Update Claims For Generic Drugs Not Preempted In New Jersey, Court Says

TRENTON, N.J. — (Mealey’s) A New Jersey state appeals court panel on Nov. 12 affirmed a lower court ruling that generic drug manufacturers can be sued for failure to update their labels with warnings added to the labels of the predecessor drug ( In Re: Reglan Litigation , No. A-2014-13T4...

New Jersey Establishes Complex Business Litigation Program

The Supreme Court of New Jersey has announced the establishment of a Complex Business Litigation Program, effective January 1, 2015, with designated judges in each county assigned to provide individualized case management to complex business, commercial and construction cases meeting the program criteria...