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
May 13, 2024 | New Jersey Law Journal
NJ Court Sides With Real Estate Broker in Dispute Over Employee Classification Under Wage Payment Law"Under the Brokers Act, the parties' agreement to an independent contractor affiliation is not merely one of several factors in the analysis, as the Appellate Division viewed it to be," Justice Anne M. Patterson said. "To the contrary, if the parties have agreed in writing to a business affiliation in compliance with the Brokers Act, that agreement is dispositive."
By Colleen Murphy
6 minute read
May 10, 2024 | New Jersey Law Journal
Gibbons Attorneys File WARN Violations Against Christmas Tree Shops Owners for Short Layoff NoticesGibbons filed an employment class action on behalf of former employees of Christmas Tree Shops against two owners of the now-bankrupt company for allegedly laying off hundreds of workers with only one week's notice, in violation of the required three months' advanced notification under the New Jersey Worker Adjustment and Retraining Notification Act.
By Colleen Murphy
3 minute read
May 09, 2024 | New Jersey Law Journal
NJ Supreme Court Unanimously Rules Child Erotica Statute 'Unconstitutionally Overbroad'The New Jersey Supreme Court unanimously struck down a portion of a law criminalizing "portraying a child in a sexually suggestive manner" as unconstitutionally overbroad this week because it bars "a large swath of material that is neither obscenity nor child pornography."
By Colleen Murphy
5 minute read
May 09, 2024 | New Jersey Law Journal
'Working on the Issues That Matter Most': ACLU Attorney Alexander Shalom to Lead Lowenstein Center for the Public Interest"I anticipate that the coming years will present novel challenges to lawyers in the public-interest space," Alexander Shalom said. "It is exciting to me that I will have the opportunity to deploy the firm's resources—380 lawyers in five offices—to try to address some of the monumental challenges."
By Colleen Murphy
6 minute read
May 08, 2024 | New Jersey Law Journal
'A Solution in Search of a Problem': NJ State Bar, Judiciary React to Possible Constitutional Amendment on Judicial Appointments"There is a proposal to create a court of appeals that mirrors the federal court system," Senate President Nicholas P. Scutari said. "In the current system, you take the best of the Superior Court judges, leaving that court depleted. If we go to a system where the governor makes appointments, you can broaden the number of lawyers going to the bench."
By Colleen Murphy
4 minute read
May 07, 2024 | New Jersey Law Journal
Nondisparagement, Nondisclosure Clauses 'Impermissible When Used to Silence Victims' Under NJLAD"Because the scope of the agreement in this case would bar individuals from describing an employer's discriminatory conduct, the agreement encompasses speech the LAD protects," Chief Justice Stuart Rabner said. "Defendants also used the agreement to try to hold the sergeant liable for making statements about her claims of discrimination, retaliation, and sexual harassment, which section 12.8 specifically protects."
By Colleen Murphy
4 minute read
May 06, 2024 | New Jersey Law Journal
'Combating the Cancer of Discrimination': State High Court Finds Regulation Silencing Accusers Overbroad, Unconstitutional"The scope of the rule will cause countless victims and witnesses to surrender their protected right to speak freely about harassment and discrimination," Chief Justice Stuart Rabner said. "Although we acknowledge the state's good-faith representations that the regulation can be narrowed, we cannot rely on them to uphold the rule."
By Colleen Murphy
5 minute read
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