McCarter & English, LLP

On March 23, 2010, President Obama signed the Patient Protection and Affordable Care Act of 2010 ("PPACA"). Shortly thereafter, the Health Care and Education Reconciliation Act of 2010 ("HCERA") was signed into law. PPACA and…more

Columbia Law School convened a panel on hydraulic fracturing ("fracking") yesterday. One of the subtopics was its effect on climate change mitigation…more

The outcome of civil litigation often hinges upon the ability of litigants to rely upon or exclude public records and reports and, in particular, opinions contained in them. Federal Rule of Evidence 803(8) (“Rule 803(8)” or…more

In our continuing our discussion of the Delaware Sea Level Rise Advisory Committee ("DSLRAC"), the efforts of the DSLRAC took an ironic - but perhaps predictable - turn when the delegate for the Delaware county likely to be most…more

On May 7, 2013, the United States Court of Appeals for the District of Columbia Circuit vacated a rule issued by the National Labor Relations Board (the "Board") that would have required millions of employers -- both union and…more

Res judicata is one of those phrases learned in law school that seemed of limited utility. How often is someone going to bring the same claim twice?…more

On March 13, 2013, the United States District Court, District of New Jersey, in Strassle v. Bimbo Foods Bakeries Distrib., Inc., No. 12-3313 (Mar. 13, 2013), held that a distribution agreement may be subject to the New Jersey…more

I learned the other day that for $3995 I can download nearly a 1000 page report on the climate change industry. The Ah Hah moment was at hand. The President’s promise at his inauguration and then again at the State of the…more

One of the shibboleths of those following climate change litigation is the idea that new legal theories will be surfaced, fired in the furnace of litigation and then forged as the vehicle for addressing climate change in the…more

The United States Supreme Court has continued to raise the bar on class certification by requiring that plaintiffs be able to prove damages on a class-wide basis. In Comcast Corporation v. Behrend, a putative class alleged that…more

On April 2, 2013, Governor Chris Christie signed P.L. 2013, C.40, P.L. 2013, C.41 and P.L. 2013, C.42 into law. The three laws are intended to make New Jersey more business friendly by aligning New Jersey's corporate statutes…more

Here is some food for thought: Catastrophe bond payouts are correlated with climate change. Climate change is correlated with stock market returns. Therefore catastrophe bond payouts are correlated with the stock market. …more

On March 21, the Appellate Division of the New Jersey Superior Court issued an opinion rejecting a challenge by environmental groups to new rules of the New Jersey Department of Environmental Protection (DEP) that authorize the…more

Is New Jersey placing the cart before the horse when it comes to the establishment of rules regulating the state’s offshore renewable energy certificates? Instead of spending time analyzing how to mitigate the risks of possible…more

One day short of five years since the case was originally filed, on February 25, 2013 the plaintiffs in Native Village of Kivalina v. ExxonMobil Corp. attempt once more to get out of the starting blocks, this time with a…more