June 26, 2023 | New Jersey Law Journal
Three Newly Confirmed Superior Court Judges Headed to Hudson CountyIn addition to unanimously approving the nomination of Michael Noriega to the New Jersey Supreme Court, the Senate Judiciary Committee approved three nominees to the Superior Court, including a member of Gov. Phil Murphy's cabinet.
By Colleen Murphy
3 minute read
June 26, 2023 | New Jersey Law Journal
NJ Supreme Court Pick Michael Noriega Unanimously Clears Senate Judiciary Committee"I commend the Senate Judiciary Committee for unanimously approving the nomination of Michael Noriega to the New Jersey Supreme Court," read a statement issued by Murphy. "I am especially pleased that his nomination received bipartisan support and I thank Senate President Nick Scutari and Judiciary Committee Chair Brian Stack for their leadership and partnership. I look forward to Michael's confirmation by the full Senate."
By Colleen Murphy
4 minute read
June 23, 2023 | Law.com
New Legal Strategy? Sexual Assault Victim Successfully Argues Abuse of Title IX ProcessThe report and recommendation of a Pennsylvania magistrate judge held that Title IX disciplinary proceedings are "quasi-judicial" and "if abused, gives rise to an abuse of process claim"—and may result in an uptick in litigation brought against either party to a Title IX dispute.
By Colleen Murphy
7 minute read
June 23, 2023 | Law.com
Colorado Appeals Court Holds 'Service Charge Is Not a Tip' in Issue of First Impression"We agree that the Broadmoor's service charge is not a tip," stated Judge Terry Fox, in her written opinion for the court. "Foremost, the service charge does not fit within the ordinary meaning of tip. Under the CWA and Division rules, a tip and a gratuity are equivalent terms that are used interchangeably."
By Colleen Murphy
5 minute read
June 22, 2023 | New Jersey Law Journal
In Retail Markup Case, NJ Supreme Court May Soon Provide Clarity on 'Ascertainable Loss' Under the CFA"The case also presents an interesting angle on injunctive relief available under the Consumer Fraud Act," said Mark Oberstaedt, assistant chair of the business litigation group at Archer & Greiner in Voorhees. "It is not entirely clear how a trial court could fashion an appropriate injunction in a case like this and it will be interesting to see whether the Supreme Court takes on that issue."
By Colleen Murphy
4 minute read
June 21, 2023 | New Jersey Law Journal
NJ Supreme Court: No Exception to 'American Rule' for Attorney Fees Under Common-Law Rights of Public Access"In the Supreme Court's decision ... the court closed the door on the availability of common law fees thereby saving New Jersey taxpayers untold funds which would otherwise go to attorneys who have made a cottage industry suing municipalities and other public entities for records," said counsel to Neptune Township, Jonathan F. Cohen of Plosia Cohen.
By Colleen Murphy
5 minute read
June 20, 2023 | New Jersey Law Journal
8 Superior Court Nominees Confirmed by Senate, But Murphy Cabinet Member's Nomination Delayed"I sent letters out to every affinity bar president last week asking them to state whether or not they have a pipeline for judicial candidates from their bars," New Jersey State Bar President Timothy F. McGoughran said. "The N.J. State Bar is attempting to create a more streamlined pipeline to the governor's office and to the senators for candidates."
By Colleen Murphy
4 minute read
June 16, 2023 | New Jersey Law Journal
Woman Struck by Golf Cart Settles For $1 MillionA $1 million settlement was reached on May 1 in Sutton v. Glen Ridge Country Club for a 59-year-old woman seriously injured when she was…
By Colleen Murphy
5 minute read
June 16, 2023 | Delaware Business Court Insider
Bankruptcy Judge Dismissed Fraudulent Transfer Claim in $7.2 Billion Purchase Led by Kohlberg Kravis Roberts"It is black letter law in this Circuit that the gold standard for determining the value of an asset is to sell it in an open and fair market," stated U.S. Bankruptcy Judge Brendan Linehan Shannon. "A thing is worth what a willing buyer will pay to a willing seller following a proper marketing process.
By Colleen Murphy
4 minute read
June 16, 2023 | New Jersey Law Journal
NJ Supreme Court: Burden Not on Plaintiff to Show 'Special Reasons' to Permit Neutral Third-Party Observation of Defense Medical Exam"A DME is also unique in our adversarial system," Justice Rachel Wainer Apter wrote for the court. "It is the only instance in which a defense expert may conduct discovery on a plaintiff without plaintiff's counsel present."
By Colleen Murphy
7 minute read
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