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  We hope you find our current updates of legal and technological news of interest to you, our readers. The news comes from technical and business sources, and from the courts, legislators, and regulators who affect us all.  We welcome your comments and questions regarding any of these legal issues.
The Lane Law Letter
Current and recent issues of our firm's newletter are available below.  

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Will Your Scientific Expert Pass The Test?
Scientific expert testimony, especially in pharmaceutical, engineering and
other technological fields, must...read more

SCOTUS Rules on FAA Mandate to Enforce Arbitration Clauses
In a win for employers, The Supreme Court of the United States decided today in a trio of employment arbitration cases, that the Federal Arbitration Act’s mandate to enforce arbitration clauses as they are written preempts federal labor laws. In the 5-4 decision...read more

NJ Wage and Hour Case Must Proceed in Texas State Court
Ina Collins is a Mary Kay beauty consultant who works in New Jersey. She sued Mary Kay, Inc., in New Jersey federal court alleging that she and others in her class were...read more 

Federal Court Permanently Enjoins Obama Regulation 
Regarding Non-Exempt Employees
On August 31, 2017, Texas Federal Judge Amos L. Mazzant permanently blocked the implementation of an Obama-era Labor Department regulation that doubled the income level below which employees are entitled to...read more

Supreme Court Again Favors Arbitration  
The Federal Arbitration Act mandates that agreements to arbitrate disputes are “valid, irrevocable, and enforceable.” The Act preempts any state law or rule that...read more

Plaintiff Responsible for IME No-Show Fee
A trial judge in Atlantic County, New Jersey, has ordered a plaintiff to pay an IME doctor’s no-show fee after failing to attend her scheduled IME...read more

New York Appellate Court Gives a Lesson on
Forum Non Conveniens
The New York Appellate Division dismissed an insurance coverage case, noting that most relevant factors favored a Massachusetts forum, in Shipyard Quarters Marina, LLC, v. New Hampshire Insurance Company (Nov. 2016)...read more

Third Circuit Clarifies the Roles of Court and Arbitrator
A trash removal business in New Jersey needed new workers’ compensation. It entered into a Reinsurance Participation Agreement with a captive insurance group, believing, as they say, that this agreement provided true...read more

Landmark Conflict of Laws Decision: New Jersey Supreme Court Approves Use of Different Laws for Defendants from Different States
​An unfortunate human story leads to a landmark decision regarding conflict of laws between States. Tamar Ginsberg and her husband, Ari Ginsberg, were expecting their child in New York. Their daughter, Abigail Ginsberg, was born in New York. When she was seven months old, Abigail was diagnosed with...read more

NJ Supreme Court Gives New Guidance on Remittitur Motions
The Supreme Court issued a ruling on September 19, 2016 which literally took the law back to where it was – and always had been – before its 2011 decision that encouraged trial judges to...read more

The TLA Transportation ADR Council Moves Forward:
A Look at Transportation Mediation
​reprinted with permission from The Transportation Lawyers Association
Read John's latest article, published in The Transportation Lawyer

Third Circuit Eases Jurisdictional Pleading Requirement in Suits against Limited Liability Companies
Limited liability companies are citizens of their state of formation and also the states in which their Members are citizens, making it more difficult to plead federal diversity jurisdiction. The Court of Appeals formulated a practical solution for those pursuing a federal case...read more

Graves Amendment: NY Court Holds an intermodal Chassis is a Motor Vehicle Protected from State Vicarious Liability Laws
   In an appellate case of first impression in the country, the New York Appellate Division ruled unanimously on September 30, 2015, that the Graves Amendment preemption against state motor vehicle vicarious liability laws, extends to intermodal chassis. The decision comes in Eisenberg v. Cope Bestway Express, Inc., in which the principal respondent, Interpool, Inc., was represented by our John Lane...read more

Use of NTSB Report in Civil Action
The New Jersey U.S. District Judge handling In Re Paulsboro Derailment Cases has recently ruled that the NTSB report concerning the train derailment may not be...read more

NJ's New EDR Legislation Signed
New Jersey Governor Christie has signed a bipartisan bill which will restrict access to a vehicle’s Electronic Data Recorder, or EDR, data following a motor vehicle incident. The bill makes it clear that...read more

New Jersey Supreme Court Issues Historic Ruling on Worker Misclassification – Employee or Independent Contractor?
The Supreme Court gave an advisory opinion at the request of the U.S. Third Circuit Court of Appeals on the question of what legal test should be applied under the state’s Wage and Hour Law and the Wage Payment Law, to determine whether a worker is an independent contractor or must be treated as an employee. Independent contractors must...read more 

Attorney-At-Law Slammed With Spoliation Order
by the Federal Court
What started out as a copyright infringement case, ended with a very serious spoliation order – striking the defendants’ defenses and entering judgment for the plaintiff because of intentional, bad faith destruction of emails. And that individual defendant is a member of the New York Bar...read more

Sekisui Am. Corp. v. Hart - Return to Zubulake
reprinted with permission from The Transportation Lawyers Association
Read John's latest article, published in The Transportation Lawyer

 Third Circuit Rules that Equitable Principles Should Apply to Limit ERISA Health Plan Recovery from Employee-Beneficiary
reprinted with permission from The Transportation Lawyers Association
Read John's latest article, published in The Transportation Lawyer

Forum Non Conveniens Doctrine Occupies New Jersey and
New York Courts
​  Four recent cases in New York and New Jersey demonstrate that the doctrine of forum non conveniens, a venerable rule of law tempered with equitable principles, is alive and well....read more

Spring 2017

In This Issue
    •   NJ Supreme Court Issues Two         Landmark Decisions
    •   Third Circuit Clarifies the Roles of         Court and Arbitrator​
    •   A Contract is a Contract — Even a         Contract to Provide Insurance
    •   NY Appellate Court Gives a Lesson         on Forum Non Conveniens
    •   Plaintiff Sanctioned for Failure to         Attend Independent Medical Exam

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Spring 2015

In This Issue
  • ​Courts Actively Limit Plaintiff's Expert Testimony
  • "Windstorm" vs. "Flood" Damage
  • Traffic Offense Guilty Plea Barred as Evidence in a Civil Action?

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Autumn 2014

Spoliation - Is It Really That
Big a Deal? 

​You bet it is!
So important, that we are dedicating this entire newsletter to the topic!

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Autumn 2013

In This Issue
  • Avon Walk for Breast Cancer - NYC - 2013​
  • The Duty to Defend - NY Means It!
  • Rescue Squad Indemnity - An Update and More
  • George Oyala Beats the PLIGA!
  • NY High Court Reaffirms High Hurdle for Punitive Damages
  • A Spoliation Claim is Defeated

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Spring 2013

In This Issue
  • ​Limitation of Liability in Transportation Contract Does Not Extend to Subcontractor
  • It was Just Spine Surgery - Nothing Serious...
  • Waiver of Subrogation Enforced, Despite Tenant's Breach
  • "Equity will Find a Way...."
  • 2013 Legislature to Clarify What the 1985 Legislature Intended?
  • Proposed Bad Faith Legislation Disguised as Relief for Sandy Victims
  • New York Attorney General's office hit for 7.7 Million
  • Puppy Love  

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