Colleen Murphy

January 11, 2023 | New Jersey Law Journal

In Laul v. Instant Air Heating & Cooling, a Middlesex County jury awarded $2.6 million on Dec. 9 to a man who suffered a neck injury when his…

By Charles Toutant | Colleen Murphy

6 minute read

January 10, 2023 | Law.com

"So, while the citizenship of an LLC's members is relevant to determining if a federal court has the authority to act in a particular case, that information is not particularly relevant to determining under C.R.C.P. 98 if venue is improper in a particular county or if venue is convenient when one of the parties is an LLC," stated Justice Maria Berkenkotter.

By Colleen Murphy

4 minute read

January 10, 2023 | Law.com

"To provide for recovery in these circumstances would be to rewrite the insurance contract and reallocate the risks negotiated by the parties," the court said.

By Colleen Murphy

4 minute read

January 09, 2023 | The Legal Intelligencer

"We hold that to apply the doctrine of paternity by estoppel under the circumstances of this case would punish appellant, who 'sought to do what was righteous' by assuming parental duty of child, and reward mother, who might be guilty of perpetrating a fraud," King said.

By Colleen Murphy

5 minute read

January 09, 2023 | Law.com

In an issue of first impression, the Appellate Court of Maryland held that the circuit court erred in awarding a victim attorney fees and that under the plain language of the applicable statute, the "direct out-of-pocket loss" provision exclusively authorizes courts to award restitution losses resulting from a victim's physical or mental injury.

By Colleen Murphy

5 minute read

January 06, 2023 | Law.com

"Given the Supreme Court's caution about considering the merits of the proposed class's claims prior to certification, we must confine our review to the denial of class certification," said Judge Robert E. Bacharach. "That ruling rested on the wrong standard, so we must reverse and remand for reconsideration of class certification on the Title IX claims."

By Colleen Murphy

6 minute read

January 06, 2023 | New Jersey Law Journal

A New Jersey Appellate Division opinion held that a lawyer's arguments on appeal were "patently frivolous and warrant no further discussion" but the attorney argued that New Jersey legal procedure has him what he described as a "catch-22."

By Colleen Murphy

3 minute read

January 06, 2023 | New Jersey Law Journal

"We initially note that the proceedings involved in this appeal should have been filed and heard in the Probate Part, not the Family Part," the judge wrote. "Excepting for the application to terminate child support and medical insurance coverage, the Family Part lacked jurisdiction to hear the applications filed after Hendrix's death."

By Colleen Murphy

7 minute read

January 05, 2023 | Law.com

The Colorado Court of Appeals recently addressed three issues of first impression in a single case, including holding that a judge is not required to recuse himself from a case involving a previous client of the judge's former law firm, under certain circumstances.

By Colleen Murphy

6 minute read

January 05, 2023 | Law.com

"As an initial matter, whether COVID-19 causes direct physical loss or damage under a property insurance policy is an open question in Colorado," Judge Timothy M. Tymkovich said. "Relying on relevant precedent from Colorado and other jurisdictions, we answer that question in the negative and conclude Sagome was not covered."

By Colleen Murphy

5 minute read