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Colleen Murphy

Colleen Murphy

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July 24, 2024 | Law.com

Title IX Heads to US Supreme Court: Department of Education Seeks Relief From Enjoining Dozens of Unchallenged Provisions

"First, the district court plainly erred in enjoining dozens of provisions that respondents have not challenged and that the court did not find likely unlawful," the stay application argued. "Like the injunction in Labrador, that sweeping relief ignores the fundamental principle that equitable relief must be tailored to match the plaintiffs' injuries and legal claims."

By Colleen Murphy

4 minute read

July 23, 2024 | New Jersey Law Journal

$1.6 Million Settlement Reached for Construction Worker Injured in High-Rise Scaffolding Accident

A $1.6 million settlement has been reached for a Hackensack construction worker injured when an electrical cord broke free from the scaffolding above and fell nearly 37 floors, striking the man and causing serious injuries.

By Colleen Murphy

3 minute read

July 22, 2024 | New Jersey Law Journal

3rd Circuit Reinstates Harassment Claims: Dispute Over EEOC's Right-to-Sue Notice Date to Be Determined by a Jury

"We have not yet addressed whether such an action suffices to start the 90-day clock," Judge Arianna Freeman wrote for the court. "Under the circumstances here—where the upload was not accompanied by a direct communication to the plaintiff or her lawyer—we hold that it does not."

By Colleen Murphy

5 minute read

July 19, 2024 | New Jersey Law Journal

Area of Developing Case Law: Appellate Division Finds No Implied Contract Between Municipal Water Providers, Residents

"We are pleased with the court's decision and the fact that it is published is going to provide a great comfort to municipalities across the state," counsel for Brooklawn, M. James Maley Jr., a partner with Maley Givens, told the Law Journal.

By Colleen Murphy

4 minute read

July 18, 2024 | New Jersey Law Journal

Appellate Court Clarifies County Park's Immunity From Personal Injury Suit Under Landowners Liability Act

"The park is a 'premises' under N.J.S.A. 2A:42A-3(a), and the judge properly determined the county was entitled to LLA immunity," Appellate Division Judge Jessica R. Mayer said.

By Colleen Murphy

5 minute read

July 18, 2024 | Law.com

Two Circuit Judges Show Glimmer of Hope for Administration in States' Title IX Regulation Challenges

"The Sixth Circuit has telegraphed that the expansion of Bostock v. Clayton County's definition of sex discrimination into other areas, including Title IX, is likely dead on arrival or at least in for a substantial uphill battle," Patricia Hamill, a member and co-chair of the Title IX and campus discipline practice at Clark Hill, said.

By Colleen Murphy

5 minute read

July 12, 2024 | Law.com

Demise of Chevron Deference Likely Played a Major Role in Successful Title IX Challenges, Experts Say

"The fact that the Chevron challenge was pending during the briefing cycle, in effect, robbed the Department of Education of the ability to rely on Chevron in its briefs, which I think was important and made the department's case weaker than it otherwise would have been," Brooklyn College history and legal affairs professor KC Johnson said.

By Colleen Murphy

4 minute read

July 11, 2024 | New Jersey Law Journal

NJ Supreme Court Clarifies AOM Medical Records Review, Stresses Importance of 'Ferreira' Conference

"The AOM requirement should not be a minefield battle about hypertechnicalities; the requirement is a threshold issue only meant to weed out unmeritorious cases at the beginning of the case before discovery has taken place. The court's decision strikes the right balance on protection of a plaintiff's meritorious case from dismissal with prejudice at a time when many facts are still unknown with providing a defendant with notice that the claim as alleged has merit," said Christina Vassiliou Harvey, a partner with Lomurro Munson.

By Colleen Murphy

5 minute read

July 11, 2024 | New Jersey Law Journal

He 'Broke Barriers': First Black Executive Director of NJ Commission of Investigation Dies in Fatal Crash

"Chadd broke barriers as SCI's first Black executive director, working his way through the ranks over nearly 20 years of service to our state," Gov. Phil Murphy said. "During his time at the SCI, he took on organized crime, opioid abuse, corruption, and countless other issues. There is no doubt New Jersey is a safer and more just place because of him."

By Colleen Murphy

3 minute read

July 11, 2024 | New Jersey Law Journal

NJ Supreme Court Reverses Appellate Division's Bright-Line Rule for Class Action Waivers Not Accompanied by Arbitration Provisions

"In this case, because plaintiffs clearly and unambiguously waived their right to maintain a class action and the lease contract is not unconscionable as a matter of law, we hold that it is enforceable," Justice Fabiana Pierre-Louis wrote for the court.

By Colleen Murphy

5 minute read