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Colleen Murphy

Colleen Murphy

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January 17, 2024 | New Jersey Law Journal

NJ Supreme Court Asked to Uphold Bright-Line Decision on Class Action Waiver Absent Mandatory Arbitration Agreement

"We do urge the court to affirm the bright-line rule articulated by the Appellate Division that class action waivers outside of arbitration are per se unconscionable under New Jersey's public policy as necessary to protect the important public interests that underlie New Jersey's public policy favoring class actions in cases that do meet the requirements under Rule 4:32-1," the plaintiffs' counsel, Miriam S. Edelstein of Costello & Mains, said.

By Colleen Murphy

6 minute read

January 16, 2024 | Law.com

Under Pressure, Dept. of Ed. Moves Title IX Finalization Date to March

"It is our understanding that these proposed rules were scheduled to be finalized last month, and we are concerned about the delay," stated a letter signed by 66 members of Congress and addressed to Secretary of Education Miguel Cardona.

By Colleen Murphy

7 minute read

January 16, 2024 | New Jersey Law Journal

'Your Personal Attack Is Both Unnecessary and Unfortunate': Chief District Judge Denies Lawmaker's Recusal Request in Manhattan Congestion Pricing Plan

"Such attacks are a disservice to the name of public service and the work that our dedicated public servants perform tirelessly day in and day out," Chief U.S. District Judge Renee Marie Bumb wrote in a letter. "These attacks serve no purpose other than to foment further attacks that threaten the sacred principle of judicial independence which is the greatest cornerstone of our democracy."

By Colleen Murphy

4 minute read

January 12, 2024 | New Jersey Law Journal

'Blatant Pretext': Class Action Claims Amazon Fired Employees for Taking FMLA Leave

"Defendant Amazon has repeatedly terminated employees for taking time off while on approved medical leave despite the employees receiving notification from defendant Amazon that they had time remaining for their approved medical leave," the complaint said.

By Colleen Murphy

3 minute read

January 12, 2024 | New Jersey Law Journal

New Jersey Gains Amicus Support in 3rd Circuit Appeal Over Constitutionality of Private Detention of Immigrants

"Pax Christi USA's position is that New Jersey's enactment of AB 5207 was a proper exercise of the State's traditional police powers to protect the health and safety of those whom the federal government chooses to detain in New Jersey under its immigration authority," Pashman Stein partner David N. Cinotti said.

By Colleen Murphy

4 minute read

January 11, 2024 | New Jersey Law Journal

NJ Supreme Court Declines to Expand Refund Provision in Food-Related Fraud to All CFA Violations

"Any lingering ambiguity as to the scope of Chapter 347's refund provision is, however, unmistakably settled by the statute's legislative history," Justice Douglas Fasciale said.

By Colleen Murphy

7 minute read

January 09, 2024 | New Jersey Law Journal

DCR Settlement Reached With AT&T Over Pay Disparity Claim

"Equality in pay is not negotiable—it's mandatory," Attorney General Matthew Platkin said.

By Colleen Murphy

3 minute read

January 09, 2024 | Law.com

As Threats Against the Judiciary Mount, a Former Federal Judge Calls on Bar Associations for Coordinated Response

"Judges are certainly not above criticism," said former U.S. District Court Judge Paul W. Grimm. "But typically, what you say is that the decision is wrong, we will appeal, and we think an appellate court will reverse it. You do not attack the integrity of a judge, publish their home phone number and address, and put it out with vitriolic statements on social media where people can pick their own silo where they get information."

By Colleen Murphy

7 minute read

January 09, 2024 | New Jersey Law Journal

9 Judicial Nominees Cleared to Superior Court, Only 47 More Vacant Seats to Fill

"Judicial vacancies continue to undermine the judiciary's role as a vital government service and co-equal branch of government," NJSBA President Timothy McGoughran said. "Unfortunately, we witness the impact of these vacancies every day."

By Colleen Murphy

9 minute read

January 08, 2024 | New Jersey Law Journal

New Jersey Supreme Court Extends 'Henderson' Ruling to Pretrial Prep

"To the extent the practice exists, it should not be continued," Chief Justice Stuart Rabner wrote. "For reasons discussed earlier, the act of showing and then reshowing a photo can affect and distort a person's memory."

By Colleen Murphy

6 minute read