December 01, 2023 | New Jersey Law Journal
Appellate Division Weighs Public Contract Bid Rules in Issue of First Impression"The Joint Venture, however, argues that its noncompliance was a mere technicality, and we should not apply the PWCRA as written," Judge Avis Bishop-Thompson wrote for the court. "We reject this argument because if the statute is to be changed, that is the province of the Legislature. Any other outcome creates uncertainty."
By Colleen Murphy
6 minute read
December 01, 2023 | New Jersey Law Journal
NJ Supreme Court Considers Arguments Over $26M Jury Verdict Against Valley Hospital"I would just ask the court to take a step back, and look at what happened in this case, not as allegations, but what the jury heard and obviously agreed with," Peter G. Verniero of Sills Cummis & Gross said. "This is a semipublic institution that treated these doctors in a way that is unfair. That is clear from the jury's finding. And if this court were to reverse an unpublished opinion to somehow make a point on some technicality, it would be sending an awful message to all the parties in this case, to jurors, and to trial courts."
By Colleen Murphy
6 minute read
November 30, 2023 | New Jersey Law Journal
Senate Confirms Former Prosecutor Jamel Semper as New Jersey's Next Federal Judge"I'm thrilled that the Senate has confirmed Jamel Semper, an outstanding public servant who has served New Jersey for over 15 years, to the federal bench," Sen. Cory Booker said in a statement on the confirmation on X, formerly Twitter. "I know he will be a fair and just jurist."
By Colleen Murphy
3 minute read
November 30, 2023 | New Jersey Law Journal
New Jersey Supreme Court Considers Arbitrator's Authority to Demote School Administrator"It was appealed, and the Appellate Division overturned the arbitration award, essentially saying that the arbitrator exceeded his authority by demoting Ms. Sanjuan," Lester E. Taylor III, a partner with the Taylor Law Group, said. "It was also very troubling because on remand, the Appellate Division limited the arbitrator's power, role and responsibility pursuant to statute in reconsidering the penalty."
By Colleen Murphy
5 minute read
November 30, 2023 | New Jersey Law Journal
Rear-End Truck Collision Nets $1.45 Million Settlement For Injured DriverAs a result of his injuries, Valiente alleged his ability to participate in his regular Sunday soccer games was impacted, and he experienced discomfort while working.
By Colleen Murphy
4 minute read
November 29, 2023 | New Jersey Law Journal
UnitedHealth Targeted in New Lawsuit Alleging Underpayment of Out-of-Network ER DoctorsThis complaint was first surfaced by Law.com Radar.
By Colleen Murphy
3 minute read
November 28, 2023 | New Jersey Law Journal
Appellate Division Requires Primary Home Insurer to Defend Dog Bite Claim on Second Home"It is unreasonable to interpret an ambiguous portion of the policy to exclude coverage for an accident when another provision expressly and unequivocally provides for payment of medical expenses arising from that accident," the opinion said.
By Colleen Murphy
6 minute read
November 28, 2023 | New Jersey Law Journal
Forum Selection Clauses 'Are Prima Facie Valid,' Says NJ District Court Judge"First, the court finds plaintiff's reliance on the holding of Kubis & Perszyk Assocs., Inc. v. Sun Microsystems, Inc., and its language concerning uneven bargaining positions to be misplaced," Judge Michael A. Shipp wrote. "There, the New Jersey Supreme Court held that forum selection clauses in contracts subject to the Franchise Act are presumptively invalid on public policy grounds."
By Colleen Murphy
4 minute read
November 27, 2023 | New Jersey Law Journal
Former Home Depot Employee Files Suit Over Alleged Failure to Accommodate Health ConditionThis complaint was first surfaced by Law.com Radar.
By Colleen Murphy
3 minute read
November 22, 2023 | New Jersey Law Journal
Failure to Allege Civil Rights Violation Is Fatal to Attorney Fees Claim, Says Appellate Division"Nowhere in the complaint or amended complaint did plaintiff refer to a violation of her civil rights under the New Jersey Constitution or the United States Constitution," the per curiam opinion said. "Additionally, neither the complaint nor the amended complaint included a demand for attorney's fees."
By Colleen Murphy
4 minute read
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