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May 17, 2024 | New Jersey Law Journal
"That pressure continues today while vacancies remain high, while those in power have declared the crisis is over, while simultaneously inventing a new judicial crisis. Last week, the association learned that the senate is considering a constitutional amendment that would shift control of Appellate Division to the governor and the senate," William H. Mergner Jr., co-managing partner at Leary, Bride, Mergner & Bongiovanni, said after being sworn in as NJSBA president.
By Colleen Murphy
4 minute read
May 17, 2024 | New Jersey Law Journal
"The Appellate Division and the selection process both work well," Chief Justice Stuart Rabner said during his state of the judiciary address. "There does not appear to be a problem that needs fixing, let alone a problem so serious that it requires us to ask the citizens of New Jersey to amend the state constitution."
By Colleen Murphy
5 minute read
May 17, 2024 | New Jersey Law Journal
"Quite frankly, normally, I would be in favor of giving myself and other members of the Senate more power. Why wouldn't I? But on this issue, it is such an important and long-lasting issue for our court system that we need to pause it," Sen. Michael L. Testa Jr., R-Atlantic, Cape May and Cumberland, said during a panel discussion at the NJSBA annual conference.
By Colleen Murphy
4 minute read
May 16, 2024 | New Jersey Law Journal
"This is a risk-averse, change-averse profession that is entirely based on past precedent," AI panelist and ALM chief legal strategist Patrick Fuller said. "Change does not necessarily happen quickly in this profession, but I do think that the fear cycle right now is really high. It is good to be on guard, and it is good to be pragmatic about it and to plan for it, but I caution against getting too afraid of too much change happening quickly."
By Colleen Murphy
5 minute read
May 14, 2024 | National Law Journal
"The Supreme Court's decision overturning Roe v. Wade is both wrong as a matter of law and profoundly harmful to the rights and dignity of millions of people," said Stephanie Toti, executive director of the Lawyering Project. "But by its own terms, it does not extend to medically indicated abortions, which continue to be constitutionally protected."
By Colleen Murphy
5 minute read
May 14, 2024 | Law.com
"The Supreme Court's decision overturning Roe v. Wade is both wrong as a matter of law and profoundly harmful to the rights and dignity of millions of people," Stephanie Toti, Executive Director of the Lawyering Project said. "But by its own terms, it does not extend to medically indicated abortions, which continue to be constitutionally protected."
By Colleen Murphy
5 minute read
May 14, 2024 | New Jersey Law Journal
"Expanding the definition of 'pedestrian' to include LSES operators would advance the medical coverage goal but undermine the goal of curbing the rise of insurance costs," Justice Lee A. Solomon said. "The legislature may certainly choose to expand the availability of PIP coverage to LSES operators, as they did with motorcycles, but that policy decision and its insurance cost implications, if any, is properly for the legislature, not the court."
By Colleen Murphy
5 minute read
May 13, 2024 | New Jersey Law Journal
"More broadly, we will continue our fight for open government and for transparency," Liza Weisberg, a staff attorney at the American Civil Liberties Union of New Jersey, said. "We will continue to fight for open government and for transparency, not just to restore the OPRA we had before this bill, but to push it forward. Unfortunately, New Jersey has moved in the wrong direction."
By Colleen Murphy
5 minute read
May 13, 2024 | New Jersey Law Journal
"Under the Brokers Act, the parties' agreement to an independent contractor affiliation is not merely one of several factors in the analysis, as the Appellate Division viewed it to be," Justice Anne M. Patterson said. "To the contrary, if the parties have agreed in writing to a business affiliation in compliance with the Brokers Act, that agreement is dispositive."
By Colleen Murphy
6 minute read
May 10, 2024 | New Jersey Law Journal
Gibbons filed an employment class action on behalf of former employees of Christmas Tree Shops against two owners of the now-bankrupt company for allegedly laying off hundreds of workers with only one week's notice, in violation of the required three months' advanced notification under the New Jersey Worker Adjustment and Retraining Notification Act.
By Colleen Murphy
3 minute read
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