Colleen Murphy

November 14, 2023 | Law.com

A federal judge in Massachusetts has granted summary judgment to defendant Schepens Eye Research Institute on the sole remaining claim of strict…

By Colleen Murphy

4 minute read

November 14, 2023 | Law.com

After the first day of trial, New Mexico Third Judicial District Judge James T. Martin advised the assistant district attorney in the case to use the phrase "brandish a firearm" rather than asking the jury to find that the defendant "pointed a firearm" at his daughter, according to the opinion.

By Colleen Murphy

3 minute read

November 14, 2023 | Law.com

"Unlike the United States Constitution, the Colorado Constitution does not guarantee the right to a jury trial in civil cases," stated Fox. "Gebert alternatively argues that we should overrule this precedent and recognize the civil jury trial right under the Colorado Constitution."

By Colleen Murphy

4 minute read

November 14, 2023 | New Jersey Law Journal

"The record bears no mention of the court's efforts to notify Shurkin of its pending sua sponte consideration, thus depriving Shurkin of his right to be notified—which inherently deprived him of the right to be heard on the matter," the per curiam opinion said. "We cannot endorse the trial court's 'swift disposition of the case at the expense of fairness and justice.'"

By Colleen Murphy

4 minute read

November 09, 2023 | Daily Business Review

"Basically, the affidavits in support of the motion to vacate alleged a miscommunication between Polymer's counsel and his legal assistant, who was in the process of leaving his firm, and the failure of the assistant to calendar the deadline for filing a motion for trial," Judge Robert Gross wrote for the court.

By Colleen Murphy

4 minute read

November 09, 2023 | Law.com

"Attorneys have an independent duty to continually reevaluate their claims to avoid prolonging a meritless case," stated Judge Timothy M. Tymkovich in his dissent. "The failure to do so is sanctionable. Here, plaintiffs' counsel failed to avoid prolonging a meritless case."

By Colleen Murphy

5 minute read

November 09, 2023 | New Jersey Law Journal

The New Jersey Supreme Court held oral arguments in a slip-and-fall case regarding whether the defendant property owners were negligent in failing to maintain a sidewalk in front of a vacant lot.

By Colleen Murphy

6 minute read

November 08, 2023 | New Jersey Law Journal

"[I]sn't one of the problems here that it is very hard to determine the objective worth, value, and quality of an item of clothing that sells at many different prices, perhaps because it has a designer label, or perhaps because it is trendy at the moment?" Justice Rachel Wainer Apter asked.

By Colleen Murphy

7 minute read

November 08, 2023 | New Jersey Law Journal

A mortgage originator has sued one of its competitors in federal court for misappropriation of trade secrets, tortiously interfering with an employee's contract, aiding and abetting the breaches of the employee's duty of loyalty, and unjust enrichment.

By Colleen Murphy

3 minute read

November 06, 2023 | New Jersey Law Journal

"The absence of any language in the arbitration agreement constituting a waiver of plaintiff's statutory rights is fatal to its enforceability as to the claims against defendants which primarily assert violations of consumer protection statutes," the court said.

By Colleen Murphy

4 minute read