Colleen Murphy

May 23, 2023 | Law.com

"Like all humans, judges make mistakes (yes, even appellate judges)," said Judge Michael S. Catlett, in his written opinion for the court. "Arizona Rule of Civil Procedure 60 accounts for that fallibility. Rule 60(a), for example, allows a superior court to amend a final judgment to fix 'a clerical mistake or a mistake arising from oversight or omission.' And Rule 60(b) allows a superior court to relieve a party from a final judgment due to, among other things, a 'mistake.'"

By Colleen Murphy

5 minute read

May 22, 2023 | New Jersey Law Journal

"Considering our longstanding, fundamental public policy favoring class actions, we hold there is no societal interest in enforcing a class action waiver in a contract that does not contain a mandatory arbitration provision and conclude that the class action waivers in this case are unenforceable as a matter of law and public policy," Judge Richard J. Geiger said.

By Colleen Murphy

5 minute read

May 19, 2023 | New Jersey Law Journal

"It is hard, at times unfair, at times complicated," said retired Superior Court Judge Julio Mendez. "The length of time is unpredictable. But it is a much better process than getting judges elected."

By Colleen Murphy

6 minute read

May 19, 2023 | New Jersey Law Journal

"We may be soon left with no choice other than to halt civil and matrimonial trials in other counties in our state, something we very much hope to avoid," Chief Justice Stuart Rabner said in his State of the Judiciary address Friday.

By Colleen Murphy

4 minute read

May 19, 2023 | New Jersey Law Journal

"I am here today because of a fifth-grade teacher who took an interest in me, a coach who would not accept mediocrity from me, and a man who decided to make me his own when he married my mother," said nominee Tosca Blandford Bynoe.

By Colleen Murphy

4 minute read

May 18, 2023 | New Jersey Law Journal

"I can't think of a more capable, passionate and committed person to the lead the Association," outgoing NJSBA President Jeralyn Lawrence said. "He will be a fabulous president who continues to put attorney wellness at the forefront and advocates for a healthier profession."

By Colleen Murphy

6 minute read

May 17, 2023 | New Jersey Law Journal

"I am not speaking for the judiciary here, but Houston, we do have a problem," said former New Jersey Supreme Court Justice Barry T. Albin. "There are 64 vacancies. For the last two years there have been 50 or more vacancies in a state in which 100,000 people are licensed to practice law."

By Colleen Murphy

5 minute read

May 16, 2023 | New Jersey Law Journal

"Granted, the AOC has demonstrated that several years of serious staffing and recruitment problems could possibly be resolved by an ongoing noncompetitive designation," stated the per curiam opinion. "This, however, could also possibly be resolved by a second interim reallocation, or by other means entirely, including, but not limited to, a salary increase for the position."

By Colleen Murphy

4 minute read

May 16, 2023 | New Jersey Law Journal

"Where the plaintiff 'has neither provided a copy' nor 'referenced a single provision from the disputed contract,' the plaintiff has not sufficiently alleged 'nor can the court ascertain' whether the plaintiff is a beneficiary at all," said Judge Michael A. Shipp citing a U.S. District Court for the District of New Jersey case, "Kaminski v. Township of Toms River."

By Colleen Murphy

5 minute read

May 16, 2023 | New Jersey Law Journal

"According to plaintiffs, a favorable change in law did not negate defendants' waiver of the federal forum selection provision. We disagree," the appeals court wrote.

By Colleen Murphy

5 minute read