Colleen Murphy

June 15, 2022 | New Jersey Law Journal

The New Jersey Appellate Division rescinded its original opinion dismissing a plaintiff's Survivor's Act claim after the state Supreme Court issued an order remanding the issue in consideration of recent changes to the legislation.

By Colleen Murphy

3 minute read

June 15, 2022 | New Jersey Law Journal

A woman who sustained neck and back injuries when her car was rear-ended by a dump truck agreed on May 10 to a $2 million settlement in her Ocean County…

By Charles Toutant | Colleen Murphy

4 minute read

June 15, 2022 | New Jersey Law Journal

"In this appeal, plaintiff does not assert equitable tolling applies to excuse the late filing of his complaint nor does he invoke the doctrine of substantial compliance," stated Gummer. "Instead, plaintiff argues he filed his complaint timely because the Supreme Court had tolled the statute of limitations in its June 11, 2020 Fourth Omnibus Order."

By Colleen Murphy

4 minute read

June 14, 2022 | New Jersey Law Journal

An Appellate Division judge agreed with the motion judge "that the LAD has no application to a sexual predator's assault of a student on a school bus where there is no evidence his actions were based solely on the victim's status as a member of a protected group." He made clear that this ruling does not rule out sexual assault on a school bus as an act subject to a LAD claim.

By Colleen Murphy

5 minute read

June 13, 2022 | New Jersey Law Journal

"Notwithstanding the strong emotional attachment people may have to dogs, cats, and other domesticated animals, or the great significance some may attribute to family heirlooms, or works of art generally considered as irreplaceable parts of our cultural history," the New Jersey Supreme Court said, "sound public policy cannot sanction expanding the rescue doctrine to imbue property with the same status and dignity uniquely conferred upon a human life."

By Colleen Murphy

3 minute read

June 13, 2022 | The Legal Intelligencer

"We acknowledge the trial court's sentiment that appellant 'made a bad deal' in agreeing to the term that any monies paid would be non-refundable," stated McCaffery. "Nevertheless, as the court aptly noted, contracting parties are bound by their agreements, irrespective of whether they embody reasonable or good bargains."

By Colleen Murphy

4 minute read

June 10, 2022 | New Jersey Law Journal

Judge Arnold L. Natali, in his written opinion for the court, stated that the Medical Aid in Dying for the Terminally Ill Act, signed into law in 2019, was the result of "nearly a decade of deliberations." According to court documents, 95 New Jersey residents have invoked the act and ended their lives with no reports of impropriety or illegality.

By Colleen Murphy

5 minute read

June 10, 2022 | The Legal Intelligencer

The U.S. Supreme Court has denied an application for stay pending certiorari over the counting of 257 undated ballots in Lehigh County, Pennsylvania, set aside for lacking a handwritten date on the outer envelope.

By Colleen Murphy

8 minute read

June 09, 2022 | New Jersey Law Journal

"Moreover, we do not consider the role of the licensed real estate salesperson in this case—filling in the spaces left blank on the Contract for Sale of Real Estate for the name and address of the buyer, the bid price, the buyer's premium, and the total purchase price—to constitute the unauthorized practice of law," Justice Anne Patterson wrote.

By Colleen Murphy

6 minute read

June 09, 2022 | Law.com

"The Supreme Court could of course extend the scope of the collateral order doctrine to allow interlocutory appeals of cases like the one before us," the majority wrote. "But until and unless that occurs, our task is to apply current existing law, which we have tried faithfully to do."

By Colleen Murphy

5 minute read