Colleen Murphy

October 18, 2023 | New Jersey Law Journal

"Despite plaintiff's surgery and a year of physical therapy, it is undisputed by the town of Harrison's orthopedic expert that plaintiff still had a ten-degree decreased range of motion in his elbow, along with reduced grip strength in his left hand, as a result of his injury," the opinion said. "This—coupled with his alleged inability to dress himself, participate in gym class, participate in sports, and write with his left hand—creates a legitimate fact issue."

By Colleen Murphy

5 minute read

October 18, 2023 | Law.com

"The constitutionality of reverse-keyword warrants presents an issue of first impression in Colorado. Indeed, to our knowledge, no state supreme court or federal appellate court has addressed the constitutionality of such warrants," stated Justice William W. Hood, III. "Nor have we previously determined whether individuals have a reasonable expectation of privacy in their internet search history."

By Colleen Murphy

7 minute read

October 17, 2023 | New Jersey Law Journal

"I believe we are morally obligated to pursue and promote racial justice," said New Jersey Attorney General Matthew J. Platkin in a statement. "Ensuring greater equity and justice for underserved communities across our diverse state remains one of my top priorities."

By Colleen Murphy

4 minute read

October 17, 2023 | Law.com

"...[T]here is a coming collision because the people who are implementing NIL are talking about how this is the wild, wild west, and that they can do anything thing that they want. And no they can't. If they violate Title IX, there is a law there," said Arthur H. Bryant, a partner at Bailey Glasser in California.

By Colleen Murphy

6 minute read

October 16, 2023 | New Jersey Law Journal

"Even if we read the exclusion narrowly, its plain language applies to plaintiff's personal injury claims," the New Jersey Appellate Division said. "There is no ambiguity. In defining its coverage, the policy clearly states that the coverage applies unless an exclusion applies."

By Colleen Murphy

4 minute read

October 13, 2023 | New Jersey Law Journal

"Here, the brief oral opinion the court issued immediately after hearing the testimony of Dr. Levin and Dr. Greenberg did not fully analyze, one by one, each of the Daubert factors," the per curiam opinion said. "The opinion correctly recited the factors in its general overview of the law. Unfortunately, its analysis of the factors was incomplete and seemingly inconsistent in some respects."

By Colleen Murphy

6 minute read

October 13, 2023 | Law.com

"The court has determined that the named plaintiffs have not suffered an injury-in-fact and their claims have been mooted," stated Senior U.S. District Judge Norman K. Moon. "The court has further concluded that the named plaintiffs have not satisfied the requirements for class certification under Rule 23(a) or Rule 23(b)(3)—or Rule 23(b)(2) or (c)(4) for that matter."

By Colleen Murphy

6 minute read

October 13, 2023 | New Jersey Law Journal

A $1.125 million settlement was reached in a Middlesex County suit between the state and a 42-year-old off-duty police officer after he was seriously injured in a motorcycle crash allegedly caused by faulty expansion joints on Route 130 in Cranbury.

By Colleen Murphy

5 minute read

October 11, 2023 | New Jersey Law Journal

"Do you really want to turn this argument into a question about the ethics of those who have proceeded in this court?" Chief Justice Stuart Rabner asked counsel at one point.

By Colleen Murphy

9 minute read

October 11, 2023 | New Jersey Law Journal

"Where, as here, there is the potential for laws of all fifty states to apply to the class members, it would be impossible for the court to instruct a jury," U.S. Magistrate Judge James B. Clark III said. "The issues of conflicts of laws swallow the common issues between class members; thus, the nationwide class proposed by plaintiffs cannot proceed here."

By Colleen Murphy

5 minute read