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Colleen Murphy

Colleen Murphy

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June 28, 2022 | The Legal Intelligencer

3rd Circ.: ADA Claimants Failed to Meet Class Certification Requirements

"The District Court's legal error is not harmless," stated Porter. "Our review of the record shows that commonality is not met by a preponderance of the evidence for this nationwide class. It is not enough that Ollie's has corporate policies and that some or all stores in Pennsylvania pay inadequate attention to aisle accessibility. Stitching together a corporate-wide class requires more."

By Colleen Murphy

5 minute read

June 27, 2022 | New Jersey Law Journal

NJ Supreme Court Address Defendants' Right to Speedy Trial Amid COVID-19 Backlog

"To effectively address the existing backlog, it is essential that trial teams be given more realistic trial dates—and that they be able to proceed to trial on those dates," Chief Justice Stuart Rabner wrote.

By Colleen Murphy

6 minute read

June 24, 2022 | Law.com

State Supreme Court Affirms Disciplinary Action for 'Intemperate and Uncivil' Attorney

"Name-calling unfortunately abounds in our increasingly tribal culture," said Utah Chief Justice Thomas Rex Lee. "But for any who may be wondering. it won't help your cause in our justice system."

By Colleen Murphy

4 minute read

June 24, 2022 | New Jersey Law Journal

Rabner Temporarily Assigns 3 Superior Court Judges to Appellate Division

New Jersey Chief Justice Stuart Rabner appointed Superior Court Judges Maritza Berdote Byrne, Joseph L. Marczyk, and Avis Bishop-Thompson to temporary assignments with the Appellate Division.

By Colleen Murphy

2 minute read

June 24, 2022 | Law.com

'Undeniably Harsh': Appeals Court Affirms Attorney's Contempt Conviction but Orders Resentencing

"Compared to reported contempt sentences imposed on New Mexico attorneys, the district court's sentence in this case was undeniably harsh. Indeed, our review of New Mexico jurisprudence reveals no reported appellate decision affirming—or even considering—a contempt sanction against an attorney as severe as this one," said Duffy. "The majority of reported decisions involve the imposition of no more than a monetary fine in circumstances where an attorney failed to comply with a district court's instructions or rules of procedure."

By Colleen Murphy

6 minute read

June 24, 2022 | New Jersey Law Journal

Money Judgment—Not Settlement—Needed for Contribution Claim in Medical Suit, Panel Holds

"Bowers alone agreed to the settlement amount, we reasonably assume it reflects only her portion of Hoelz's full damages, not those attributable to another joint tortfeasor's liability," the court said.

By Colleen Murphy

4 minute read

June 24, 2022 | New Jersey Law Journal

Finger Amputation in Workplace Accident Leads to $1.9 Million Settlement

A man who sustained partial amputations of four fingers on his dominant right hand in a workplace accident agreed to a $1.9 million settlement of his…

By Charles Toutant | Colleen Murphy

3 minute read

June 23, 2022 | New Jersey Law Journal

NJ Appellate Division Orders Dismissal of Ocean Casino's COVID-19 Business Interruption Claims

The New Jersey Appellate Division stated that the trial court "erroneously" found the defendant insurers' policy terms to be "ambiguous and confusing."

By Colleen Murphy

5 minute read

June 23, 2022 | New Jersey Law Journal

Appeals Court: Virus Exclusion Fatal to COVID-19 Business Interruption Claim

The New Jersey Appellate Division affirmed an order granting summary judgment to an insurer on 13 claims, all related to denied coverage for business losses incurred following Gov. Phil Murphy's Executive Order 107, which closed nonessential businesses and prohibited social gatherings.

By Colleen Murphy

3 minute read

June 22, 2022 | New Jersey Law Journal

NJ Senate Committee Advances 9 Bills Aimed at 'Much Needed' Auto Insurance Reforms

The proposed legislation would increase medical expense coverage, remove the limitation on lawsuit option for victims of drunken drivers, and raise the minimum liability coverage for commercial vehicles, among other changes.

By Colleen Murphy

2 minute read