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Colleen Murphy

Colleen Murphy

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May 21, 2024 | Law.com

'Restoring Dignity to Henrietta Lacks': Unjust Enrichment Claim Regarding 'HeLa Cells' May Proceed Against Pharma Company

"Now, Henrietta Lacks' grandson, Ron Lacks, says Ultragenyx unjustly reaps some of the benefits of the wrongs against his grandmother," District Judge Deborah L. Boardman said. "Ultragenyx says it has done nothing wrong, and Lacks has no viable claim against it. Today, the court reaches one modest conclusion about this dispute: If what Lacks alleges is true, it is plausible that Ultragenyx is liable to Lacks for unjust enrichment."

By Colleen Murphy

5 minute read

May 21, 2024 | New Jersey Law Journal

Steel Cable Used for Business, Not Deterrence: Appellate Division Affirms Property Owner's Immunity in Dirt Biker's Personal Injury Case

"Applying the definitions suggested by the court in 'Krevics' to the present matter, we discern no basis in the record to conclude defendants acted maliciously or willfully in failing to lower the cable on their commercial property when plaintiff did not have defendants' express consent to operate his dirt bike on their property," Judge Lisa Rose said.

By Colleen Murphy

5 minute read

May 20, 2024 | New Jersey Law Journal

NJ Senate Approves Candidate to Fill Vacancy of Late Monmouth County Assignment Judge

"He is exactly the type of person that we all want to seek out to be a Superior Court judge in any of our counties," Sen. Declan J. O'Scanlon Jr. said. "He is a deliberative, dynamic thinker who is very well respected by all of the attorneys in Monmouth County, except maybe a few that he has defeated in court."

By Colleen Murphy

2 minute read

May 17, 2024 | New Jersey Law Journal

'Inventing a New Judicial Crisis': Incoming NJSBA President Highlights Need to Support State Bench

"That pressure continues today while vacancies remain high, while those in power have declared the crisis is over, while simultaneously inventing a new judicial crisis. Last week, the association learned that the senate is considering a constitutional amendment that would shift control of Appellate Division to the governor and the senate," William H. Mergner Jr., co-managing partner at Leary, Bride, Mergner & Bongiovanni, said after being sworn in as NJSBA president.

By Colleen Murphy

4 minute read

May 17, 2024 | New Jersey Law Journal

'Delay Justice and Harm the Public': Chief Justice Warns Against Proposed Judicial Appointment Amendment at NJSBA Annual Conference

"The Appellate Division and the selection process both work well," Chief Justice Stuart Rabner said during his state of the judiciary address. "There does not appear to be a problem that needs fixing, let alone a problem so serious that it requires us to ask the citizens of New Jersey to amend the state constitution."

By Colleen Murphy

5 minute read

May 17, 2024 | New Jersey Law Journal

'We Need to Pause It': Legislators Discuss Possible Constitutional Amendment Change on Judicial Appointments at NJSBA Conference

"Quite frankly, normally, I would be in favor of giving myself and other members of the Senate more power. Why wouldn't I? But on this issue, it is such an important and long-lasting issue for our court system that we need to pause it," Sen. Michael L. Testa Jr., R-Atlantic, Cape May and Cumberland, said during a panel discussion at the NJSBA annual conference.

By Colleen Murphy

4 minute read

May 16, 2024 | New Jersey Law Journal

NJSBA Annual Convention Addresses AI: 'Are There Legitimate Concerns? Absolutely'

"This is a risk-averse, change-averse profession that is entirely based on past precedent," AI panelist and ALM chief legal strategist Patrick Fuller said. "Change does not necessarily happen quickly in this profession, but I do think that the fear cycle right now is really high. It is good to be on guard, and it is good to be pragmatic about it and to plan for it, but I caution against getting too afraid of too much change happening quickly."

By Colleen Murphy

5 minute read

May 14, 2024 | Law.com

Idaho Physician Files Federal Lawsuit to Establish Constitutional Right to Medically Necessary Abortion

"The Supreme Court's decision overturning Roe v. Wade is both wrong as a matter of law and profoundly harmful to the rights and dignity of millions of people," Stephanie Toti, Executive Director of the Lawyering Project said. "But by its own terms, it does not extend to medically indicated abortions, which continue to be constitutionally protected."

By Colleen Murphy

5 minute read

May 14, 2024 | New Jersey Law Journal

New Jersey Supreme Court Finds E-Scooter Riders Are Not 'Pedestrians,' Not Entitled to PIP Benefits

"Expanding the definition of 'pedestrian' to include LSES operators would advance the medical coverage goal but undermine the goal of curbing the rise of insurance costs," Justice Lee A. Solomon said. "The legislature may certainly choose to expand the availability of PIP coverage to LSES operators, as they did with motorcycles, but that policy decision and its insurance cost implications, if any, is properly for the legislature, not the court."

By Colleen Murphy

5 minute read

May 13, 2024 | New Jersey Law Journal

OPRA's Attorney Fee-Shifting Provision Draws Concerns

"More broadly, we will continue our fight for open government and for transparency," Liza Weisberg, a staff attorney at the American Civil Liberties Union of New Jersey, said. "We will continue to fight for open government and for transparency, not just to restore the OPRA we had before this bill, but to push it forward. Unfortunately, New Jersey has moved in the wrong direction."

By Colleen Murphy

5 minute read