May 15, 2023 | New Jersey Law Journal
'Brilliant Pick': Former Public Defender Picked to Fill New Jersey Supreme Court Vacancy"I hope that I have done more than try in this career," said Noriega. "I pray and hope that I have had a sincere positive impact on our legal system and the lives of the people that I have represented over these past 20 years. But now, my commitment is to all of the people of New Jersey, as I bring to bear my knowledge and experience to help shoulder this enormous responsibility I am honored to undertake."
By Colleen Murphy
7 minute read
May 15, 2023 | Law.com
State High Court Sides With AG's Office: 5-Hour Energy's Ad Campaign Likely 'Caused Confusion or Misunderstanding'"As a logical matter, the question whether a consumer is confused about some attribute of a product is not necessarily connected to the question whether the consumer intends to purchase the product," said Justice Christopher L. Garrett in his written opinion for the court.
By Colleen Murphy
6 minute read
May 12, 2023 | Law.com
1st Circuit Reinstates Artist's Copyright Claims, Holds Federal Res Judicata Law Recognizes 'Alternative-Determinations Doctrine'"We see no reason to disagree with the Restatement or our sister circuits in this regard, at least with respect to the broad outlines of the alternative-determinations doctrine as the Restatement describes it," stated Chief Judge David J. Barron. "Indeed, as the Restatement and our sister circuits recognize, there are good reasons for applying the doctrine, at least in some circumstances."
By Colleen Murphy
6 minute read
May 11, 2023 | New Jersey Law Journal
Famed Camden County Golf Club Settles Suit With AG's Office Over Violations of NJLAD for Men-Only Policy"Gender-based discrimination violates our laws and is an affront to the values we hold dear, plain and simple," said Iyer. "The settlement agreement announced today reflects our ongoing commitment to rooting out gender-based discrimination and ensuring that no one faces such discrimination in employment, housing, or places of public accommodation in our state."
By Colleen Murphy
3 minute read
May 11, 2023 | New Jersey Law Journal
Spurred by Texas Abortion Pill Ruling, NJ Congresswoman Aims to Eliminate 'Judge Shopping'"My bill prevents shopping for judges and predetermining the outcome of a case that would result in a decision that impacts people across the country," Mikie Sherrill said in a press release on the bill. "It would have prevented the recent case where a single judge, with little understanding of women's health, ordered a nationwide ban on Mifepristone."
By Colleen Murphy
3 minute read
May 11, 2023 | Law.com
'The Code of Judicial Conduct Works Weekends Too': Judge Gets 6-Month Unpaid Suspension for Traffic Stop MisconductA West Virginia Circuit Court judge was suspended for six months without pay, among other sanctions, by the West Virginia Supreme Court of Appeals over a traffic stop during which he identified himself as a judge, called the police officer's supervisors, and made coercive and retaliatory statements.
By Colleen Murphy
4 minute read
May 11, 2023 | New Jersey Law Journal
$2.25 Million Settlement Reached for Premature Discharge and Missed Bowel PerforationA Passaic County medical malpractice suit filed by a 54-year-old Totowa man and his wife, Dominianni v. Warta, M.D., after an elective hernia repair,…
By Colleen Murphy
5 minute read
May 10, 2023 | New Jersey Law Journal
Carving Out 'American Rule' Exception, NJ Appeals Court Upholds Fee Award as Damages Against Law Firm"It stands to reason that the prevailing party should be able to recover those attorney's fees reasonably attributable to its prosecution of claims against the third party within a single action," Judge Morris G. Smith said. "A plaintiff should not have to file two lawsuits, one against the party that breached the contract, and a separate one against the tortfeasor, to recover attorney's fees against the tortfeasor in an action for damages to enforce a non-compete agreement."
By Colleen Murphy
5 minute read
May 10, 2023 | New Jersey Law Journal
Proposed Changes to Pro Bono 'Madden' Assignments Open for Comment"The current 'Madden' system of random assignments to uncompensated counsel is not effective in matching willing and skilled attorneys with economically disadvantaged clients facing consequences of magnitude," a report and recommendations of the judiciary said.
By Colleen Murphy
4 minute read
May 09, 2023 | Law.com
Divided 10th Circ. Panel Rejects COVID-19 Tuition Refund Class Action Against BYU"BYU pointed out that it 'receives tuition payments for students from a variety of sources,' including family members, individual students, loans, grants, and scholarships," stated Judge Gregory A. Phillips, in his written opinion for the court. "Because BYU lacked records showing who paid the tuition for individual students, it contended that it could not identify the class members."
By Colleen Murphy
5 minute read
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