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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...

Four More New Jersey Municipalities Enact Laws Mandating Paid Sick Leave For Workers

In September 2014, the respective Mayors of four municipalities in New Jersey — the Cities of East Orange, Passaic, and Paterson and the Township of Irvington — signed into law paid sick leave ordinances for private employees (collectively, the “Sick Leave Ordinances” or the “Ordinances”...

Stryker Subsidiary, Ex-CEO Plead Guilty, Pay $79 Million For Illegal Device Marketing

NEWARK, N.J. — (Mealey’s) Stryker Corp. subsidiary OtisMed Corp. and the former OtisMed chief executive officer on Dec. 8 pleaded guilty to marketing the unapproved OtisKnee Orthopedic Cutting Guide medical device after the Food and Drug Administration denied clearance for the device ( United...

What Are the Elements of Fraud in New Jersey?

In New Jersey, the elements of common-law fraud are: “(1) a material misrepresentation of a presently existing or past fact; (2) knowledge or belief by the defendant of its falsity; (3) an intention that the other person rely on it; (4) reasonable reliance thereon by the other person; and (5) resulting...

N.J. Accutane Judge: Post-2002 Warnings Of Bowel Injury Are Adequate Under Law

ATLANTIC CITY, N.J. — (Mealey’s) A judge overseeing New Jersey’s Accutane litigation on April 2 granted summary judgment to Accutane manufacturer Hoffman-La Roche after finding that as a matter of law, the drug’s post-April 2002 warnings about inflammatory bowel disease (IBD)...

March 2014 Jury Verdict Round-Up: Top 5 Personal Injury Verdicts

During February 2014, the attorney editors on the LexisNexis Jury Verdict team covered several notable personal injury verdicts from across the country. We’ve come up with an informal list of the top five cases that really captured our attention this past month. If you are interested in submitting...

Temp Firm Can't Revive Claims Against H-1B Workers, Citigroup

From Law360, May 6, 2015 - "A New Jersey appellate court on Wednesday rejected a software services firm's appeals in separate contract suits against foreign workers — including one case also targeting Citigroup Inc. — because the company's failure to register under a law covering...

What Are the Elements of a Civil RICO Claim in New Jersey?

To prove a cause of action under section 2C:41-2(c) of the New Jersey Racketeer Influenced and Corrupt Organizations Act (“New Jersey RICO”), N.J.S.A. § 2C:41-2(c), the plaintiff must demonstrate (1) the existence of an enterprise, (2) that the enterprise engaged in or its activities...

Jury Verdict Round-Up: May Top 5 Personal Injury Suits

During May, the attorney editors on the LexisNexis Jury Verdict team covered several notable personal injury verdicts from across the country. Every month, we make a list of the top five cases that captured our attention. Our list normally includes substantial plaintiff’s verdicts as well as impressive...

Mark R. Vespole on Townsend v. Pierre, 221 N.J. 36 (2015)

By Mark R. Vespole In Townsend v. Pierre , the New Jersey Supreme Court issued a key decision interpreting the New Jersey Rules of Evidence as to the admissibility of expert testimony. The more seminal aspect of the decision is its practical impact on how courts deal with summary judgment motions;...

Ballard Spahr LLP: 3rd Circuit Clarifies Article III Standing For Absent Class Members, Impact Of Comcast

By Burt Rublin, Michael Carroll, and Casey Watkins In a case of first impression in the Third Circuit, the Court of Appeals held that unnamed, putative class members are not required to establish standing under Article III of the U.S. Constitution. Rather, the Court held that so long as any named...

NJ Supreme Court: Whistleblower Law Protects Watchdog Employees Too

Can a person whose job is to ensure that the company follows a particular standard of care; i.e., a watchdog employee, bring an action against the company under New Jersey’s Conscientious Employee Protection Act (CEPA), the state’s whistleblower law? In case you missed it, earlier this...

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Watchdog Employees May Sue Under New Jersey Whistleblower Law, Says State’s Highest Court

On July 15, 2015, in Lippman v. Ethicon, Inc. , Nos. A-65/66-13, 073324 (N.J. July 15, 2015), the New Jersey Supreme Court held that the protections of the New Jersey Conscientious Employee Protection Act, N.J.S.A. §§ 34:19-1 – 34:19-8 (“NJ CEPA” or “the Act”)...

$25 Million Accutane Verdict Vacated On Appeal In New Jersey On Law Choice, Limitations

TRENTON, N.J. — (Mealey’s) A New Jersey appeals panel on Aug. 11 vacated a $25 million Accutane bowel injury verdict after finding that Alabama’s statute of limitations applied, rather than New Jersey’s, and that the plaintiff’s claim was time-barred ( Andrew McCarrell v...

New Jersey Supreme Court on SIJ: H.S.P. v. J.K.

"In this appeal, we examine the role of our state courts in making the predicate findings necessary for a non-citizen child to apply for “special immigrant juvenile” (SIJ) status under the Immigration Act of 1990, as amended by the William Wilberforce Trafficking Victims Protection Reauthorization...

What Are the Elements of Breach of Implied Covenant of Good Faith and Fair Dealing in New Jersey?

In addition to the express terms of a contract, “every contract in New Jersey contains an implied covenant of good faith and fair dealing.” Sons of Thunder, Inc. v. Borden, Inc. , 690 A.2d 575, 587, 148 N.J. 396, 420 (N.J. 1997) [subscribers can access an enhanced version of this opinion...

DLA Piper: U.S. v Bayer: Randomized Clinical Trials Not Required For Dietary Supplement Structure Function Claims

By Maggie Craig and Stefanie Jill Fogel | In a much anticipated opinion for the dietary supplement industry and for products making health benefit statements, the District of New Jersey in US v. Bayer has found in favor of Bayer in holding that the government failed to establish Bayer was in contempt...

What Are the Elements of a New Jersey Conscientious Employee Protection Act Claim?

The New Jersey Conscientious Employee Protection Act, N.J.S.A. §§ 34:19-1 – 34:19-8 (“NJ CEPA”), prohibits all public and private employers from retaliating against employees who disclose, object to, or refuse to participate in certain actions that the employees reasonably...

New Jersey Supreme Court Holds That an Employer Can Sue a Disloyal Employee To Clawback Salary Without Showing Economic Loss

by Jonathan Sokolowski In Kaye v. Rosefielde (A-93-13), the New Jersey Supreme Court recently held that an employer need not demonstrate that it suffered an economic loss in order to recoup the salary of a disloyal employee [subscribers can access an enhanced version of this opinion: lexis.com | Lexis...

Deportation Without Representation: The Access-to-Justice Crisis Facing New Jersey's Immigrant Families

Lori A. Nessel & Farrin R. Anello, June 1, 2016 - "New Jersey presents unique immigration circumstances. The American Immigration Council reports that 21% of New Jersey’s residents are immigrants, whereas immigrants comprise only 12.9% of the entire U.S. population. Approximately half...

News Excerpts From the Aug. 1, 2016, Bender’s Immigration Bulletin

Class Certification Granted in Suit Over Legal Representation for Minors | On June 24, 2016, a federal judge granted a request to certify a class of children in an ongoing suit against the Attorney General for failing to providing legal representation. The main class certified by the court consists...