December 12, 2023 | New Jersey Law Journal
NJ Attorney General Files First Complaint Under Enhanced Workers' Comp Laws"When employers unlawfully and callously toss their workers into the 'independent contractor' category they are not only depriving them of a steady paycheck, they are also stripping them of earned sick leave, workers compensation, minimum wage, and more," Attorney General Matthew J. Platkin said. "These are national, profitable corporations with deep pockets who are padding their profits with illegal labor schemes, and they seem to have no plans to stop this kind of behavior."
By Colleen Murphy
4 minute read
December 12, 2023 | New Jersey Law Journal
Single AOM for Multiple Entities Results in Dismissal of Vicarious Liability Claim Before Appellate Division"Here, it is not possible to identify any Alaris Health nurses who Kotz asserts were negligent because the AOM refers generally to the entire Alaris Health nursing staff over an extended period and indiscriminately combines the nursing staffs of two separate facilities," Judge Robert M. Vinci said.
By Colleen Murphy
4 minute read
December 11, 2023 | New Jersey Law Journal
2 Catholic Priest Abuse Allegations, 2 Different Conclusions on Jurisdiction"Our holding is also consistent with rulings by other courts that have considered whether Catholic dioceses, including the Archdiocese, are subject to personal jurisdiction because of alleged sexual abuses committed by priests," Judge Robert J. Gilson said. "Like this case, those cases depended on the specific jurisdictional facts involved."
By Colleen Murphy
5 minute read
December 08, 2023 | The Recorder
What Happens When You Go Viral? How a Law Firm Associate Manages Her Social Media Success"I was already at my first firm when I started gaining a following, as opposed to just getting some followers or having something go viral," said Reb Masel, an associate at a mid-size law firm and viral TikTok content creator. "As an associate seeing that happen, where is it in our legal handbook that says, 'When you go viral this is probably the point where you need to call a meeting.'"
By Colleen Murphy
5 minute read
December 07, 2023 | New Jersey Law Journal
11 Superior Court Nominees Pass Senate Judiciary Committee With Ease"As we sit listening to prospective judges, and judges for reappointment, it is one of the first times in a long time that you cannot tell a Democrat from a Republican," Sen. Jon M. Bramnick said. "What you hear is the same type of love for their family, the same type of love for justice."
By Colleen Murphy
11 minute read
December 07, 2023 | New Jersey Law Journal
Appellate Division 'Essentially Overturned Foreclosure Tax Law' With This Opinion"In light of the implication of the clear constitutional ruling in 'Tyler,' that the forfeiture of a property owner's equity above the tax amount owed constitutes a prohibited taking, we now review New Jersey's TSL statutory framework," Judge Lisa Perez Friscia wrote for the court. "We are guided by the United States Supreme Court's charge that 'the taxpayer must render unto Caesar what is Caesar's, but no more.'"
By Colleen Murphy
5 minute read
December 07, 2023 | New Jersey Law Journal
3rd Circuit Finds Rule 1(d) Permits Plaintiff to Return to Court After AAA Declines to Arbitrate"MicroBilt's arbitration provision, including the AAA rules that it incorporates, does not condition [the plaintiff's] return to court on the AAA's decision being correct, or even reasonable. That is the deal the parties struck," the court ruled.
By Colleen Murphy
5 minute read
December 07, 2023 | New Jersey Law Journal
IT Services Provider, CEO Hit With Wrongful Termination Suit Alleging Gender, Religious DiscriminationThis suit was surfaced by Law.com Radar, ALM's source for immediate alerting on just-filed cases in state and federal courts. Law.com Radar now offers state court coverage nationwide. Sign up today and be first to know about new suits in your region, practice area or client sector.
By Colleen Murphy
3 minute read
December 06, 2023 | New Jersey Law Journal
Appellate Division Relied on Precedent to Dismiss Tory Burch's COVID-19 Business Interruption Claims"Thus, based on our holding in 'Mac Property,' we reject plaintiff's contention that respiratory particles—droplets and airborne aerosols—are physical substances that could have physically and tangibly altered its insured property," the opinion said. "Since the policies here require physical tangible alteration to property, and it has already been determined that coronavirus on surfaces could not physically alter property, factual and expert discovery would be futile."
By Colleen Murphy
5 minute read
December 06, 2023 | New Jersey Law Journal
Appellate Division Finds Minor Arbitration Rule Change Did Not Upset Supreme Court Precedent"We are nevertheless satisfied these facts do not warrant deviation from the principles we have discussed, as our interpretation of the Rules confirms a party seeking a trial de novo should base their decision on the actual award filed with the court, not an arbitrator's oral representations prior to filing the written award," the opinion said. "As noted, a variety of circumstances could lead to differences between the two."
By Colleen Murphy
5 minute read
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