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Colleen Murphy

Colleen Murphy

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June 14, 2022 | New Jersey Law Journal

Appellate Division Won't Apply Law Against Discrimination to Sexual Abuse Committed on a School Bus

An Appellate Division judge agreed with the motion judge "that the LAD has no application to a sexual predator's assault of a student on a school bus where there is no evidence his actions were based solely on the victim's status as a member of a protected group." He made clear that this ruling does not rule out sexual assault on a school bus as an act subject to a LAD claim.

By Colleen Murphy

5 minute read

June 13, 2022 | New Jersey Law Journal

NJ Justices: 'Rescue Doctrine' Doesn't Apply to Injuries Sustained While Saving Property—Even Pets

"Notwithstanding the strong emotional attachment people may have to dogs, cats, and other domesticated animals, or the great significance some may attribute to family heirlooms, or works of art generally considered as irreplaceable parts of our cultural history," the New Jersey Supreme Court said, "sound public policy cannot sanction expanding the rescue doctrine to imbue property with the same status and dignity uniquely conferred upon a human life."

By Colleen Murphy

3 minute read

June 13, 2022 | The Legal Intelligencer

Superior Court Deems Handwritten Real Estate Sales Contract Enforceable, Costing Buyer $148K Deposit

"We acknowledge the trial court's sentiment that appellant 'made a bad deal' in agreeing to the term that any monies paid would be non-refundable," stated McCaffery. "Nevertheless, as the court aptly noted, contracting parties are bound by their agreements, irrespective of whether they embody reasonable or good bargains."

By Colleen Murphy

4 minute read

June 10, 2022 | New Jersey Law Journal

Appellate Division Denies Challenge to NJ Law Allowing Terminally Ill Patients to End Their Lives

Judge Arnold L. Natali, in his written opinion for the court, stated that the Medical Aid in Dying for the Terminally Ill Act, signed into law in 2019, was the result of "nearly a decade of deliberations." According to court documents, 95 New Jersey residents have invoked the act and ended their lives with no reports of impropriety or illegality.

By Colleen Murphy

5 minute read

June 10, 2022 | The Legal Intelligencer

SCOTUS Denies Stay of Third Circuit Ruling Requiring Pa. County to Count Undated Mail Ballots

The U.S. Supreme Court has denied an application for stay pending certiorari over the counting of 257 undated ballots in Lehigh County, Pennsylvania, set aside for lacking a handwritten date on the outer envelope.

By Colleen Murphy

8 minute read

June 09, 2022 | New Jersey Law Journal

NJ Supreme Court: 3-Day Attorney Review 'Would Fundamentally Interfere' With Real Estate Auctions

"Moreover, we do not consider the role of the licensed real estate salesperson in this case—filling in the spaces left blank on the Contract for Sale of Real Estate for the name and address of the buyer, the bid price, the buyer's premium, and the total purchase price—to constitute the unauthorized practice of law," Justice Anne Patterson wrote.

By Colleen Murphy

6 minute read

June 09, 2022 | Law.com

Split Tenth Circuit: Rejection of 'Ministerial Exception' Defense Not Immediately Appealable

"The Supreme Court could of course extend the scope of the collateral order doctrine to allow interlocutory appeals of cases like the one before us," the majority wrote. "But until and unless that occurs, our task is to apply current existing law, which we have tried faithfully to do."

By Colleen Murphy

5 minute read

June 08, 2022 | New Jersey Law Journal

NJ Attorney With More Than 50 Years in Practice Receives Censure Over Improper Fee Sharing

The DRB stated that, "in consideration of respondent's long-standing, unblemished legal career and as a matter of stare decisis, we impose a censure, with a warning to respondent that, should he resume his unethical practice in respect of real estate transactions, more severe discipline will follow."

By Colleen Murphy

3 minute read

June 08, 2022 | New Jersey Law Journal

Gov. Murphy Appoints New Acting Director of Administrative Law

The appointment comes as a result of the June 1 retirement of acting Director Ellen S. Bass.

By Colleen Murphy

2 minute read

June 07, 2022 | Connecticut Law Tribune

New Haven Prevails Over Italian American Group in Fight Over Removal of Christopher Columbus Statue

The AIW alleged in their complaint that during a 2020 meeting of the Board of Park Commissioners, a consensus was reached to remove the statue without the subject being listed as an agenda item or a formal vote being taken.

By Colleen Murphy

4 minute read