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1
Supreme Court Removes Obstacle for Plaintiffs Asserting Takings Claims In Federal Court
In a decision issued on June 21, in Knick v. Township of Scott, 588 U.S. ___ (2019), the Supreme Court of the United States eliminated a long-standing rule that a property owner may not seek redress in federal court.
United States
8 Jul 2019
2
Appellate Division Reverses Tax Court On Kean University Restaurant Tax Exemption
In a case of first impression, New Jersey's Appellate Division reversed the Tax Court's decision in Gourmet Dining, LLC v. Union Township, 30 N.J. Tax 381
United States
1 Jul 2019
3
SCOTUS Ruling Extends FCA Filing Deadline For Private Qui Tam Claimants
A ruling Monday by the U.S. Supreme Court in Cochise Consultancy, Inc. v. United States ex rel. Hunt, No. 18-315, (Sup. Ct. May 13, 2019) means that whistleblowers proceeding without the Government ...
United States
4 Jun 2019
4
Soto v. Bushmaster: The Sandy Hook Victims Notch A Stunning Victory, But At What Cost?
Last week, the Connecticut Supreme Court sent a jolt through the legal commentariat with its decision in Soto v. Bushmaster Firearms International, the lawsuit brought against the manufacturers and sellers of the semi-automatic rifle used in the tragic 2012 shooting at Sandy Hook Elementary School.
United States
1 Apr 2019
5
Guidance Isn't Enough For DOJ
As we reported here and here, the DOJ has been keen on limiting the use of guidance documents to govern its prosecution decisions.
United States
21 Mar 2019
6
Not So Fast ...
U.S. District Judge Kenneth A. Marra of the U.S. District Court for the Southern District of Florida granted a motion for summary judgment filed by two Jane Does ...
United States
21 Mar 2019
7
Agents Goof In Warrant Execution, But Evidence Not Suppressed
U.S. District Judge Jed S. Rakoff of the U.S. District Court for the Southern District of New York denied the motions to suppress filed by Sebastian Pinto-Thomaz and Jeremy Millul in their prosecution...
United States
21 Mar 2019
8
Appellate Waivers In Plea Agreements Are Not Bulletproof
In Roe v. Flores-Ortega, 528 U.S. 470 (2000), the U.S. Supreme Court held that when an attorney ignores his or her client's directive to file an appeal after a guilty plea or conviction at trial...
United States
21 Mar 2019
9
No Excessive Fines In State Prosecutions Either
In Timbs v. Indiana, the U.S. Supreme Court unanimously held that the Eighth Amendment's prohibition on excessive fines applies to the states.
United States
21 Mar 2019
10
United States
20 Mar 2019
11
New Jersey Appellate Division Rules Public Notices In Land Use Cases Need Clear Description Of All Uses Proposed
On February 5, the New Jersey Appellate Division decided the case of Lakewood Realty Associates v. Lakewood Township Planning Board & RD Lakewood LLC.
United States
18 Feb 2019
12
White Collar Roundup - February 2019
The U.S. Attorney's Office for the District of New Jersey reported here it has charged two Ukrainian men "for their roles in a large-scale, international conspiracy to hack into the SEC's computer system and profit...
United States
8 Feb 2019
13
Nonprofit Permitted To Bring LAD Claim Against Objectors To Land Purchase
Efforts by a New Jersey nonprofit to purchase a group home for autistic individuals were allegedly sabotaged by a handful of neighbors who resorted to intimidation, sham offers, trespass and other neighborhood pressure to stifle the acquisition.
United States
27 Dec 2018
14
Tax Court Provides Clarity For Family Offices Seeking To Deduct Business Expenses
Proceedings in the Tax Court case of Hellmann v. Commissioner provided additional clarity on whether expenses incurred by a single family office are deductible as trade or business expenses...
United States
10 Dec 2018
15
Appellate Division Upholds Municipal Ordinances Imposing Regulatory And Inspection Fees On Landlords
On August 29, the New Jersey Appellate Division affirmed the decisions of several trial courts, ruling that a municipality may enact inspection and other "regulatory" fees on owners of rental properties.
United States
7 Sep 2018
16
New Jersey Supreme Court Moves Closer To Daubert Standard For Admissibility Of Expert Testimony
The holding will provide opportunities to limit the number of cases that will be presented to a jury based on novel or not widely accepted theories of causation.
United States
6 Aug 2018
17
Confidential Documents Suggest Horizon Misled Public on How it Picked Hospitals for OMNIA Program
A June 27 article in The Star-Ledger and on NJ.com, "Confidential documents suggest Horizon misled public on how it picked hospitals for OMNIA program," discussed confidential reports and related documents that have been obtained in connection with a lawsuit brought by three New Jersey-based hospitals against Horizon Blue Cross Blue Shield of New Jersey. Day Pitney's Mike Furey was quoted in the article.
United States
2 Jul 2018
18
Supreme Court Directs Patent Office To Change Its IPR Practice
In constraining the practice of partial institution, the Court rejected the government's argument that the Court lacked authority to review the PTAB decision.
United States
2 May 2018
19
Supreme Court Upholds Inter Partes Review Of Patents Under Public-Rights Theory
In Oil States Energy Servs., LLC v. Greene's Energy Grp., 584 U.S. ____ (2018), the Supreme Court upheld the constitutionality of the inter partes review (IPR) ...
United States
30 Apr 2018
20
NJ Supreme Court Answers Questions, Limits TCCWNA Claim To Require Actual Harm
When faced with a novel issue of New Jersey law, the U.S. Court of Appeals for the Third Circuit has the ability to refer the question to the New Jersey Supreme Court.
United States
26 Apr 2018
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