Colleen Murphy

March 09, 2023 | New Jersey Law Journal

"The law in New Jersey is crystal clear: No one can be denied the fundamental right to marry based on their gender identity," DCR Director Sundeep Iyer said. "Municipalities have an obligation to ensure that they are not excluding LGBTQIA+ individuals from applying for marriage licenses. Today's enforcement actions underscore our ongoing commitment to ensuring that marriage equality remains a reality for our state's LGBTQIA+ residents."

By Colleen Murphy

3 minute read

March 09, 2023 | New Jersey Law Journal

The U.S. Court of Appeals for the Third Circuit upheld a New Jersey district court's ruling allowing a putative class action to proceed against Samsung and stated that, after applying the U.S. Supreme Court's decision in "Morgan v. Sundance," the company waived its right to arbitrate.

By Colleen Murphy

6 minute read

March 09, 2023 | New Jersey Law Journal

"Respondent's refusal to take responsibility, and stunning lack of remorse, demonstrate there is no hope she could exercise better judgment in the future," stated the panel opinion. "Removal is the only option to preserve public confidence in the integrity of the judiciary."

By Colleen Murphy

4 minute read

March 08, 2023 | Law.com

"The demonstrators lack evidence to show genuine disputes of material fact to prevail on their Free Speech Clause claim," said Phillips. "We hold that § 15-503(3) is constitutional under the Free Speech Clause as applied to the demonstrators. The demonstrators have not shown that the subsection was content-based, insufficiently tailored, or fatal to their sidewalk ministry."

By Colleen Murphy

5 minute read

March 08, 2023 | New Jersey Law Journal

"Accordingly, pursuant to the plain terms of the PFA, as explained by the court in Nicholas, plaintiff's proffered AOM expert failed to satisfy the statute's kind-for-kind mandate for both defendant doctors," Appellate Division Judge Lisa Rose wrote.

By Colleen Murphy

6 minute read

March 08, 2023 | Law.com

Utah Attorney General Sean D. Reyes announced that his state filed a lawsuit against the National Association of Attorneys General, asking a judge to clarify whether NAAG's custody of $100 million in public funds is subject to Utah's State Money Management Act and requesting a special master to conduct an accounting of the funds.

By Colleen Murphy

3 minute read

March 07, 2023 | Law.com

"The intentional and egregious nature of plaintiff's conduct, which demonstrates a disregard of the Federal Rules of Civil Procedure and a willingness to commit fraud on the court to prevail and receive an award of monetary damages, not to mention the resultant material injurious effect upon defendant, shocked the conscience of the court—so much so that the court questioned whether it could, in good conscience, submit any of plaintiff's evidence or testimony to a jury," U.S. District Judge Julie R. Rubin wrote.

By Colleen Murphy

4 minute read

March 06, 2023 | New Jersey Law Journal

"Here, the Legislature's language is plain and unambiguous," Judge Carmen Messano said. "It evidences the clear intention to deny a plaintiff convicted of DWI the possibility of prevailing in a suit for damages arising from the subject motor vehicle accident by eliminating the convicted plaintiff's 'cause of action.'"

By Colleen Murphy

5 minute read

March 06, 2023 | New Jersey Law Journal

A lawyer with Archer in Voorhees cautioned that the Appellate Division's ruling on a motion to dismiss is not the same as if there had been a trial.

By Colleen Murphy

6 minute read

March 03, 2023 | New Jersey Law Journal

"Guided by the United States Supreme Court's holding in 'Hall St. Assocs. v. Mattel,' we conclude that when the FAA controls an arbitration agreement, its vacatur terms are exclusive and cannot be modified by contract," said Judge Heidi Willis Currier, in her written opinion for the court.

By Colleen Murphy

6 minute read