Acting on behalf of blender maker Vita-Mix, Mr. Kott told a New Jersey federal judge on Wednesday that the recent dismissal of a similar suit by a judge citing the U.S. Supreme Court's Spokeo ruling casts a shadow on the class action against the company over its website terms of use. Kott wrote Continue Reading
Justices Hear Arguments in $25 Million Accutane Verdict Appeal
Lawyers argued before the New Jersey Supreme Court Thursday over whether an appeals court erred in overturning a $25 million verdict against a pharmaceutical company because the plaintiff violated the statute of limitations in the state where he lives. A lawyer representing the plaintiff, Andrew Continue Reading
Good Intentions Do Not Always Lead To Good Outcomes
Lawmakers, business leaders, and attorneys gathered together on October 11 to discuss this important topic, with a particular focus on New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA). What is TCCWNA? The Truth-in-Consumer Contract, Warranty and Notice Act is designed Continue Reading
Online Shoppers Using 35-year-old NJ Consumer Law Against Websites
More than three decades after its passage, a modest New Jersey consumer-protection law has become an Internet scourge, at least in the eyes of some companies.Passed in 1981 to ensure businesses did not mislead customers about their rights, the Truth in Consumer Contract, Warranty, and Notice Act Continue Reading
NJ Time Limits Should Apply To Accutane Case, Justices Told
The attorney for an Accutane user seeking to reinstate his $25 million jury verdict over the acne drug’s adverse effects urged the New Jersey Supreme Court on Thursday to apply the state’s statute of limitations rules to the case, emphasizing the Garden State’s role as a “vanguard” of pharmaceutical Continue Reading
McCarter & English Names New Managing Partner
Newark-based McCarter & English announced Monday it has named Joseph Boccassini its new managing partner at the firm. Effective Oct. 1, the appointment came after a unanimous vote by the firm’s executive committee. Boccassini replaced Stephen Vajtay, who is stepping down after six years in Continue Reading
Passing the Torch at McCarter & English
The New Jersey Law Journal reported on Joe Boccassini taking on the role of Firmwide Managing Partner. Of the changes McCarter & English has undergone in recent years, one significant one was done rather quietly: Not long ago the firm's first written partnership agreement was executed."McCarter Continue Reading
WorkZone: SEC Prompting Companies to Rethink Severance Agreements
Recent enforcement actions by the U.S. Securities and Exchange Commission are making companies rethink the terms of severance agreements they provide to departing employees. The actions concerned fairly commonplace clauses that prohibit former employees from seeking monetary awards for Continue Reading
5 Key Proposals On ALI’s Insurance Agenda
The American Law Institute on Thursday is set to consider guidelines for liability insurance law, including hotly contested proposals regarding requirements for insurers to pay policyholders' attorneys' fees in coverage disputes and the standard for punitive damages in bad faith cases. The ALI Continue Reading
Lawyers’ Opinions Divided on ‘Feel of the Case’ Repeal by NJ Supreme Court
Two weeks ago, when the New Jersey Supreme Court repealed its five-year-old precedent that said trial judges could use their "feel of the case" to determine whether awards in civil cases could be reduced or increased, there was an almost audible sigh of relief from the plaintiffs bar and a Continue Reading