Cole Schotz

Back to the Drawing Board: Supreme Court Sets Aside EPA Regulations On Mercury Emissions from Power Plants

The Supreme Court on Monday dealt a setback to the Environmental Protection Agency’s regulation limiting mercury and other toxic emissions from power plants – the “mercury rule.” In Michigan v. Environmental Protection Agency,…more
| Administrative Law, Civil Procedure, Energy & Utilities, Environmental Law

United States Supreme Court Upholds the Affordable Care Act Subsidies

As we previously reported, one of the greatest challenges to the Affordable Care Act (“ACA” or “Act”) came in King v. Burwell, otherwise known as the Obamacare subsidy lawsuit, where the plaintiffs challenged the ACA subsidies…more
| Constitutional Law, Labor & Employment Law, Health, Insurance, Taxation

NYC Becomes The Latest Major City To Pass “Ban the Box” Legislation

New York City passed the Fair Chance Act last week, making it the latest of a growing number of states, counties and cities across the country to bar employers from inquiring about job applicants’ criminal histories during the…more
| Civil Rights, Labor & Employment Law

Even if You Lose You May Win (Attorneys’ Fees That Is)

In New Jersey, if a policyholder is required to sue its insurance company for coverage, Court Rule R.4:42-9 allows a policyholder to recover attorneys’ fees if it is successful in obtaining coverage. The purpose of this rule…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Insurance

New York City Prohibits Employers From Considering Credit History When Making Employment Decisions

On May 6, 2015, New York City enacted the Stop Credit Discrimination in Employment Act (the “Act”), which amends the New York City Human Rights Law to make it unlawful for employers to consider an individual’s consumer credit…more
| Civil Rights, Labor & Employment Law

Court Warns That Marriage Does Not Render A Spouse Automatically Entitled To Preexisting Life Insurance Policies

In a recent unpublished decision, the New Jersey Appellate Division has again stressed the importance of complying with the beneficiary designation requirements contained in life insurance policies. See Fox v. Lincoln Financial…more
| Civil Procedure, Commercial Law & Contracts, Family Law, Insurance, Wills, Trusts, & Estate Planning

EEOC Endorses Incentives To Employees For Participation In Qualified Wellness Programs

On April 20, 2015, the United States Equal Employment Opportunity Commission (“EEOC”) issued proposed guidance concerning employer wellness programs. The proposed rule would amend the EEOC’s regulations and interpretive guidance…more
| Civil Rights, Labor & Employment Law, Privacy, Health

NLRB Issues Guidance on Employee Handbooks

The National Labor Relations Board (“NLRB”) has recently been aggressive in its enforcement of the National Labor Relations Act (“NLRA”) and, in particular, Section 7 of the NLRA, which protects employees’ rights to form or join…more
| Civil Rights, Communications & Media Law, Labor & Employment Law, Intellectual Property

Stemming the Blight: New Jersey Supreme Court Affirms Eminent Domain Powers

The New Jersey Constitution provides for taking of blighted property for the purposes of development, redevelopment or to clear such property of blight…more
| Civil Procedure, Constitutional Law, Zoning, Planning & Land Use, Real Estate - Residential, Real Estate - Commercial

The Affordable Care Act Part Three – Upcoming Requirements & the Impact Recent Judicial Decisions Have on the ACA

This is the last of our three part series on the Affordable Care Act (“ACA” or “Act”), commonly known as “ObamaCare.” This post discusses upcoming requirements under the ACA and judicial decisions that have impacted or may…more
| Constitutional Law, Labor & Employment Law, Health, Insurance, Taxation

Third Circuit Court of Appeals Applies an Exception to the Motor Carrier Exemption

On March 11, 2015, the Third Circuit Court of Appeals became the first Circuit Court to apply the “covered employee” provision of the SAFETEA-LU Technical Corrections Act of 2008 (the “Corrections Act”) to the Motor Carrier Act…more
| Labor & Employment Law, Transportation

The New Jersey Supreme Court has reopened the doors to Affordable Housing Litigation

The New Jersey Supreme Court has unanimously held that the administrative process run by COAH in which municipalities show compliance with affordable housing obligations is no longer working and municipalities are no longer…more
| Civil Remedies, Constitutional Law, Construction Law, Zoning, Planning & Land Use, Real Estate - Residential

Superior Court of New Jersey Pierces the “LLC” Veil, Holding Sole Member Liable for Environmental Liabilities

On February 26, 2015, in Coty US LLC v. 680 S. 17th Street LLC, the Superior Court of New Jersey, Chancery Division, pierced the veil of a New Jersey limited liability company and held its sole member liable for environmental…more
| Business Organizations, Environmental Law, Zoning, Planning & Land Use, Real Estate - Commercial

Cole Schotz Successfully Defends Against Motion to Dismiss New Jersey State Lottery Claims

The Presiding Judge of the New Jersey Tax Court held in our favor last week, ruling that our clients can proceed with their claims against the State of New Jersey, Division of Lottery challenging the retroactive taxation of…more
| Art, Entertainment, & Sports Law, Civil Procedure, Commercial Law & Contracts, Constitutional Law, Taxation

The DOL Adopts New FMLA Protections for Same-Sex Couples

On Wednesday, February 25, 2015, the United States Department of Labor (“DOL”) finalized a rule expanding the scope of protections afforded under the Family and Medical Leave Act (“FMLA”) to married same-sex couples…more
| Civil Rights, Constitutional Law, Labor & Employment Law
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Contact

Court Plaza North 25 Main Street
Hackensack, New Jersey 07601, United States

  • 201-489-3000
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Areas of Practice
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Other U.S. Locations
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