November 01, 2022 | Law.com
State Court Finds $7M Adultery Penalty Provision in Postnuptial Agreement 'Not Unconscionable'The Maryland Court of Special Appeals has affirmed a lower court's ruling that upheld a lump-sum clause in a postnuptial agreement requiring the husband—the grandson of well-known socialite and philanthropist Rachel "Bunny" Mellon—to pay the wife $7 million if he engaged in inappropriate sexual behavior again.
By Colleen Murphy
5 minute read
October 31, 2022 | Law.com
Massachusetts Board of Bar Examiners Seeks to Appoint New Member AttorneyThe Massachusetts Supreme Judicial Court has announced an invitation to interested attorneys to apply for a five-year term on the Board of Bar Examiners.
By Colleen Murphy
1 minute read
October 31, 2022 | New Jersey Law Journal
Unblemished 30-Year Record Mitigates Discipline for Attorney With Conflict of Interest in Injury Case"In imposing only an admonition, the board considered the compelling mitigation presented, including respondent's unblemished record in more than 30 years at the bar and that, ultimately, he stipulated to his misconduct," stated the letter.
By Colleen Murphy
3 minute read
October 28, 2022 | The Legal Intelligencer
3rd Circ. Issues Precedential Opinion Regarding Insurer Requirements in Election of UIM Benefits"Our inquiry begins and ends with the statutory text," stated Rendell. "Both we and the Supreme Court of Pennsylvania have recognized that sections 1731 and 1734 mean no more than what they state."
By Colleen Murphy
5 minute read
October 27, 2022 | New Jersey Law Journal
'NJ Weedman' Loses Bid to Reinstate Legal Malpractice, Emotional Distress Claims Against AttorneyThe New Jersey Appellate Division upheld the dismissal of a marijuana activist's legal malpractice and emotional distress claims against his former attorney, finding that his expert's report ignored pertinent facts and that he produced no medical documentation.
By Colleen Murphy
6 minute read
October 27, 2022 | Law.com
6th Circuit Denies $1 Million 'Loss of Referrals' Insurance Coverage Finding Temporary Closure Is Not Termination of Business"Neither the complaint nor its exhibits explain which, if any, of the Key Referral Sources are permanently closed, how the relationship with any Key Referral Source has been permanently impacted by the suspended business, or how Retina Center determined it suffered a loss in excess of $1,000,000," Judge John K. Bush wrote in the opinion. "Without that necessary information, the pleadings do not rise above speculation."
By Colleen Murphy
5 minute read
October 26, 2022 | New Jersey Law Journal
State High Court: Coach's Supervisory Role During Athlete's Warm-Up Injury Governed by 'Simple Negligence Standard'"We granted certification, and now reject Fillmyer's contention that she was entitled to the application of a recklessness standard in these circumstances, a position supported by the New Jersey Civil Justice Institute as amicus curiae," wrote Judge Clarkson S. Fisher, who was temporarily assigned to the New Jersey Supreme Court.
By Colleen Murphy
7 minute read
October 26, 2022 | New Jersey Law Journal
Suit Over Former Councilman's Death From COVID-19 While in State Custody Fails on Appeal"The complaint lacks any factual assertion regarding who among defendants acted incompetently or recklessly, or who was unfit and inexperienced in handling Elias's situation, to enable us to glean a cause of action for negligent entrustment or negligent supervision," stated the opinion.
By Colleen Murphy
5 minute read
October 26, 2022 | Daily Business Review
Florida Appeals Court Revives Lawsuit Against Morgan Lewis Over Illegal Tax ShelterA Florida appeals court reversed a trial court's dismissal of a lawsuit against Morgan, Lewis & Bockius that accuses the Am Law 50 firm of aiding and abetting both fraud and breach of fiduciary duty, and engaging in civil conspiracy.
By Colleen Murphy
6 minute read
October 25, 2022 | New Jersey Law Journal
Construction Worker's Roof Fall Yields $4 Million Settlement in Monmouth CountyA construction worker who was rendered quadriplegic after a fall at a residential construction site agreed to a $4 million settlement in his Monmouth…
By Charles Toutant | Colleen Murphy
4 minute read
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