Colleen Murphy

October 24, 2023 | New Jersey Law Journal

"No-poach contracts are anticompetitive," Attorney General Matthew J. Platkin said. "They unfairly restrict workers' future job prospects, limit their career mobility, and lower their earning potential. Contrast that dismal picture with a competitive labor market, where companies must compete for workers by offering higher compensation and improved terms and conditions in the workplace."

By Colleen Murphy

3 minute read

October 23, 2023 | New Jersey Law Journal

"Two factors contributed to the increase in audits completed in 2022," the report said. "First, RAP was fully staffed during 2022. Second, RAP realized process efficiencies in the handling of mail audits, which permitted the program to conduct a greater number of mail audits."

By Colleen Murphy

4 minute read

October 23, 2023 | New Jersey Law Journal

Third Circuit Judge David J. Porter disagreed with the majority opinion and penned a dissent, which argued that the Food and Drug Administration shifted its policy and "failed to give a reasoned analysis or detailed justification for the policy change."

By Colleen Murphy

6 minute read

October 20, 2023 | New Jersey Law Journal

The New Jersey Appellate Division sided with the father of a girl who died of a drug overdose in his claim filed against several New Jersey pharmacies, finding that it was error to preclude consideration of the plaintiff's claims under the learned intermediary doctrine.

By Colleen Murphy

4 minute read

October 20, 2023 | New Jersey Law Journal

"The court disagrees with plaintiff's position that the analysis of the premises rule in Lapsley is somehow incomplete and instead finds that the decision supplies the correct legal framework for determining compensability and the application of the exclusive remedy provision in this case," U.S. District Judge Joseph H. Rodriguez said.

By Colleen Murphy

4 minute read

October 20, 2023 | Law.com

The suit named Abbott as well as the company's CEO Robert B. Ford, members of its board of directors, and executive level leaders of the company.

By Colleen Murphy

4 minute read

October 18, 2023 | Law.com

Another court has ruled that a school's Title IX proceedings were deficient and therefore could not be classified as "quasi-judicial" for the purpose…

By Colleen Murphy

10 minute read

October 18, 2023 | Law.com

"We have not evaluated the parameters of how to prove recovery in disability cases through published opinions or otherwise," stated Justice Lynne J. Boomgaarden. "However, other states have, and we found some applicable legal commentary and secondary authority, which illustrate the factors courts consider to prove recovery and the type of evidence an attorney might present to support their petition."

By Colleen Murphy

5 minute read

October 18, 2023 | New Jersey Law Journal

"Despite plaintiff's surgery and a year of physical therapy, it is undisputed by the town of Harrison's orthopedic expert that plaintiff still had a ten-degree decreased range of motion in his elbow, along with reduced grip strength in his left hand, as a result of his injury," the opinion said. "This—coupled with his alleged inability to dress himself, participate in gym class, participate in sports, and write with his left hand—creates a legitimate fact issue."

By Colleen Murphy

5 minute read

October 18, 2023 | Law.com

"The constitutionality of reverse-keyword warrants presents an issue of first impression in Colorado. Indeed, to our knowledge, no state supreme court or federal appellate court has addressed the constitutionality of such warrants," stated Justice William W. Hood, III. "Nor have we previously determined whether individuals have a reasonable expectation of privacy in their internet search history."

By Colleen Murphy

7 minute read