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Colleen Murphy

Colleen Murphy

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October 17, 2023 | Law.com

College Athletics Programs Face Likely 'Collision' Between NIL Deals and Title IX

"...[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

Policy Exclusion Leaves Homeowner Uncovered for $750K+ Personal Injury Award

"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

Paulsboro Derailment Case Heads Back to Trial Court Over Expert's Exclusion

"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

Federal Judge Denies Class Certification to Undergrads Seeking COVID-19 Tuition Reimbursement

"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

NJDOT to Pay Motorcyclist $1.1 Million Settlement in Suit Over 'Faulty Expansion Joints'

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

Is CPANJ a Public Agency? ACLU, County Prosecutors Face Off at NJ Supreme Court Arguments

"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

Plaintiffs in Class Action Over Avis, Budget Car Rentals Reduced to Preferred Members Only

"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

October 10, 2023 | Law.com

Former Football Coach Sues Northwestern University, Alleging It 'Destroyed' His Career Following Hazing Probe

This complaint was first surfaced by Law.com Radar.

By Colleen Murphy

5 minute read

October 09, 2023 | Law.com

PFAS Claim Against Chemical Giants Survives Motion to Dismiss in Maine Federal Court

"Defendant 3M conducted studies in the 1950s and early 1960s that showed its perfluorooctanesulfonate (PFOS) accumulates in the human body and is toxic," stated U.S. Magistrate Judge John C. Nivison, in his written opinion for the court. "By the 1970s, additional 3M studies revealed that its PFOS products were 'even more toxic' than previously believed.

By Colleen Murphy

8 minute read

October 09, 2023 | Law.com

Utah Judge 'Should Have Recused Himself' From Case Involving Former Client, Judgment Still Affirmed

"While Samudio did not express any concerns about Judge Torgerson's impartiality when his probation was revoked in the present case—perhaps having expected that his former attorney would view him more sympathetically than would another judge—he does so now, arguing that the judge should have recused himself based on this past representation," Judge David N. Mortensen said in his written opinion for the court. "Samudio thus appeals."

By Colleen Murphy

4 minute read