October 24, 2023 | New Jersey Law Journal
NJ Attorney General Leads Coalition Opposing 'No-Poach' Agreements in Federal Court"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
2022 OAE Annual Report Cites 35% Increase in Random Audits in Year of 'Transformation and Transition'"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
Divided 3rd Circuit Sides With FDA in Denial of Manufacturer's Application to Market Menthol E-CigarettesThird 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
Appellate Division: Trial Court Misapplied Learned Intermediary Doctrine to Med Mal, Strict Liability Claims Against PharmaciesThe 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
Clarifying Employer 'Control' of Premises, Federal Judge Holds Personal Injury Claim Barred Under 2022 NJ High Court Ruling"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
Shareholder Suit Filed Against Abbott Laboratories Over Nationwide Baby Formula ShortageThe 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 Rules Procedurally Deficient Title IX Hearings Strip Accusers of Qualified ImmunityAnother 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
In First Impression Case, Wyoming Weighs Reinstatement of Attorney After Disability Inactive Status"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
NJ Appeals Court Reverses Dismissal of Preschooler's Personal Injury Claim"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
Colorado Court Is First to Weigh Constitutionality of 'Reverse-Keyword' Warrant"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
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