Colleen Murphy

January 30, 2023 | New Jersey Law Journal

"The inflated co-pays are key to the alleged scheme because the higher amounts essentially force patients into the program," Judge John Michael Vazquez wrote. "The second part of the purported SaveOnSP Program is to target patients. Plaintiff alleges that defendant uses the threat of the artificially inflated copay to coerce patients into enrolling in the SaveOnSP Program."

By Colleen Murphy

6 minute read

January 27, 2023 | Law.com

"As in 2016, when its unlawful actions were enjoined, 'Texas v. United States,' the department has once again ordered states and other regulated parties to ignore the biological reality of sex when it comes to athletics, locker rooms, pronouns, and who knows what else, or face enforcement actions," the AGs wrote in a response brief filed in U.S. Court of Appeals for the Sixth Circuit.

By Colleen Murphy

3 minute read

January 27, 2023 | Law.com

"We conclude that creating a pink cake with blue frosting is not inherently expressive and any message or symbolism it provides to an observer would not be attributed to the baker," stated Judge Timothy J. Schutz, in his written opinion for the court.

By Colleen Murphy

6 minute read

January 26, 2023 | New Jersey Law Journal

"To accept defendant's position, any time the Attorney General's Office issued a civil subpoena, the target of the investigation could sprint to the federal courthouse to quash it, effectively stopping a valid investigation in its tracks," Appellate Division Judge Morris G. Smith wrote.

By Colleen Murphy

5 minute read

January 26, 2023 | Law.com

A New Mexico jury hit Public Underwriters Liability Insurance Company with $52 million in punitive damages, finding the insurer violated the Unfair Practices Act in an insurance bad faith case after a decade of litigation.

By Colleen Murphy

4 minute read

January 25, 2023 | Law.com

"As it turned out, Deno negotiated a settlement satisfactory to Moncrieffe without the fullbore litigation they had expected," stated Judge Stuart A. Raphael, in his written opinion for the court. "The circuit court thus had a sound basis in fact to conclude that Deno provided real value to Moncrieffe while assuming a significant risk of getting nothing."

By Colleen Murphy

5 minute read

January 25, 2023 | Law.com

"An employer can incur liability under the Americans with Disabilities Act for failing to accommodate an employee's disability," Judge Robert E. Bacharach wrote. "Under the Act, the employee must request a 'plausibly reasonable accommodation.'"

By Colleen Murphy

5 minute read

January 24, 2023 | Law.com

"While there is evidence that the resolution's drafters sought to curb discrimination and harassment identified in the survey conducted by the bar, such an intent cannot be used to justify the possible chilling of free speech," stated the opinion. "The resolution covers a substantial amount of protected speech."

By Colleen Murphy

6 minute read

January 24, 2023 | Law.com

"We have the opportunity to celebrate powerful advocates who work each day to make the Boston community more welcoming," said Lili Palacios-Baldwin, Beacon Award Committee Co-Chair.

By Colleen Murphy

5 minute read

January 24, 2023 | New Jersey Law Journal

"[W]e would have expected that two attorneys who have practiced without incident for decades would not have been tempted to blatantly subvert the language and intention of the Superior Court's orders in the manner that each did," the Disciplinary Review Board said.

By Colleen Murphy

8 minute read