November 28, 2023 | New Jersey Law Journal
Forum Selection Clauses 'Are Prima Facie Valid,' Says NJ District Court Judge"First, the court finds plaintiff's reliance on the holding of Kubis & Perszyk Assocs., Inc. v. Sun Microsystems, Inc., and its language concerning uneven bargaining positions to be misplaced," Judge Michael A. Shipp wrote. "There, the New Jersey Supreme Court held that forum selection clauses in contracts subject to the Franchise Act are presumptively invalid on public policy grounds."
By Colleen Murphy
4 minute read
November 27, 2023 | New Jersey Law Journal
Former Home Depot Employee Files Suit Over Alleged Failure to Accommodate Health ConditionThis complaint was first surfaced by Law.com Radar.
By Colleen Murphy
3 minute read
November 22, 2023 | New Jersey Law Journal
Failure to Allege Civil Rights Violation Is Fatal to Attorney Fees Claim, Says Appellate Division"Nowhere in the complaint or amended complaint did plaintiff refer to a violation of her civil rights under the New Jersey Constitution or the United States Constitution," the per curiam opinion said. "Additionally, neither the complaint nor the amended complaint included a demand for attorney's fees."
By Colleen Murphy
4 minute read
November 22, 2023 | New Jersey Law Journal
Pedestrian Hit By Police Car Settles For $1.7 Million After Jury SelectionA $1.7 million settlement was reached on Oct. 13 in Essex County for a pedestrian hit by a police car while crossing Bloomfield Avenue in Caldwell in October 2019.
By Colleen Murphy
5 minute read
November 21, 2023 | New Jersey Law Journal
NJ Supreme Court Defines 'in the Course of Employment' Under 'Authorized Vehicle Rule' in Workers' Compensation Case"The latter three rules have sometimes been called 'exceptions' to the 'premises rule,'" Justice Douglas M. Fasciale said for the court. "We conclude, however, that those so-called 'exceptions' are better understood as distinct rules that define commencement and termination of employment in different scenarios."
By Colleen Murphy
6 minute read
November 21, 2023 | New Jersey Law Journal
'If We Do Not Hear From You' Is Adequate Reservation of Rights Language, Says Appellate Division"In the matter before us, Century does not dispute the borrowed vehicle does not qualify as a 'covered auto' under the USI policy," the per curiam opinion said. "Its coverage/indemnification argument rests on the principle of estoppel, which in turn hinges on whether Century was properly informed of its right to choose either to consent to legal representation by the lawyer provided by USI, or to retain its own attorney at its own expense."
By Colleen Murphy
4 minute read
November 20, 2023 | New Jersey Law Journal
Genentech, Biogen and Hoffmann-La Roche File Lawsuit Over Planned Release of 'Copycat' of Pioneering Cancer DrugThis complaint was first surfaced by Law.com Radar.
By Colleen Murphy
3 minute read
November 20, 2023 | New Jersey Law Journal
Class Action Claims J&J Spinoff Knew FDA Was Investigating Cold Medicine Drug Before IPOKenvue's brands with phenylephrine include Sudafed PE, Benadryl Allergy Plus Congestion, and Tylenol Sinus + Headache.
By Colleen Murphy
3 minute read
November 20, 2023 | Law.com
Colorado Appeals Court Upholds Lifting Damages Cap to Allow Nearly $40 Million Verdict"C.G.'s parents are thankful that the Court of Appeals upheld both the attentive Weld County jury's verdict and the district court's rulings in a detailed, timely, and well-reasoned fashion," the plaintiffs' counsel, Zachary Wool of Barrios Kingsdorf & Casteix in New Orleans, in a statement via email to Law.com.
By Colleen Murphy
7 minute read
November 20, 2023 | New Jersey Law Journal
'No Magical Words': Appellate Division Reverses Denial of Motion to Compel Arbitration in Business Dispute"I think it is important for commercial law practitioners to understand, as the Supreme Court has said before, there are no magical words needed for an arbitration clause to have effect," the prevailing attorney said.
By Colleen Murphy
4 minute read
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