March 22, 2023 | New Jersey Law Journal
NJ Appellate Division Issues First Major Decision Since 'Bruen': Gun Purchase Restrictions for 'Public Health, Safety or Welfare' Deemed Constitutional"It is the first major appellate decision in New Jersey construing the latest holdings of the U.S. Supreme Court on the question of firearm regulations," said former state Supreme Court Justice Peter G. Verniero, a partner at Sills Cummis & Gross. "I predict the Appellate Division's analysis will be cited by other courts in and outside New Jersey, until or unless the case is heard by a higher court."
By Colleen Murphy
6 minute read
March 21, 2023 | New Jersey Law Journal
'Bad Bill With a Nice Name': Elections Transparency Act Passes Senate Despite Mounting ObjectionsJoseph Donohue, deputy director of ELEC, testified before the Senate Budget and Appropriations Committee last Thursday and stated that the bill does contain many of his agency's recommendations, including expanded disclosure for independent expenditure committees, stronger parties with higher contribution limits, and an expanded pay-to-play law.
By Colleen Murphy
5 minute read
March 21, 2023 | New Jersey Law Journal
New Jersey May Be On Its Way to Joining 32 Other States, D.C. in Implementing Anti-SLAPP Laws"In essence, [a SLAPP suit] is a frivolous lawsuit," said Kaitlin Wolff, legislative program director with the Uniform Law Commission, in her testimony in support of the bill before the Senate Judiciary Committee. "Unfortunately, New Jersey is one of the states that simply doesn't have anything to protect citizens from these lawsuits."
By Colleen Murphy
4 minute read
March 20, 2023 | New Jersey Law Journal
Social Media Posts, Cellphone Records Are Discoverable in Attorney's LAD Claim Against Former Firm"We conclude the judge appropriately considered plaintiff's privacy interests in her social media posts and cellphone bills and did not err in allowing defendants' discovery of limited private social media posts and cellphone bills to defend against her claims that her termination violated the LAD, causing her emotional distress," Judge Thomas W. Sumners Jr. wrote.
By Colleen Murphy
4 minute read
March 20, 2023 | New Jersey Law Journal
Cooper Levenson Partner Joins NJ Attorney General as Senior Counsel and Director of Community EngagementThe New Jersey Attorney General's Office announced that Cooper Levenson partner Yolanda Melville will replace Bryn Whittle as senior counsel and director of community engagement, a position tasked with connecting community stakeholders with the office's initiatives.
By Colleen Murphy
3 minute read
March 20, 2023 | Law.com
Economic Loss Rule Bars Negligence Claim for Willful and Wanton Conduct, Says State Appeals CourtIn a published opinion, the Colorado Court of Appeals held that a district court erred in its denial of a defendant's motion for a directed verdict based on the economic loss rule and stated that the lower court incorrectly relied on two cases—neither of which preclude application of the economic loss rule to bar common law negligence claims involving willful and wanton conduct.
By Colleen Murphy
6 minute read
March 17, 2023 | New Jersey Law Journal
'Worlds Collide': Appellate Division Weighs Expungement Statute Against TNC Provision in Negligent Hiring Claim Against Uber"It is at this point we must observe that the expungement statute is naturally in a state of tension with the truth," an Appellate Division judge wrote. "An expungement is a legal fiction, designed so a previously convicted person may participate in society on a more even playing field—a laudable goal."
By Colleen Murphy
6 minute read
March 16, 2023 | New Jersey Law Journal
ELEC Head Sues Gov. Murphy, Top Aides Over Attempted Ouster"You can call this 'The Elections Transparency Act' only in the sense that it is obvious what its purpose is—to eliminate Jeff Brindle, the executive director," said Brindle's attorney, Bruce I. Afran.
By Colleen Murphy
8 minute read
March 16, 2023 | New Jersey Law Journal
NJ Supreme Court Calls for Rule Change Allowing Deadline Exception in Fee-Shifting Cases"As currently drafted, Rule 2:11-4 invites plaintiffs in LAD cases who are not—and may never be—prevailing parties under N.J.S.A. 10:5-27.1 to file meritless motions for appellate counsel fees in the Appellate Division in order to avoid an argument that they have waived their right to such fees, thus wasting judicial and litigant resources," Justice Anne M. Patterson wrote.
By Colleen Murphy
4 minute read
March 16, 2023 | New Jersey Law Journal
Attorney-Conducted Voir Dire Pilot Program Expanded to Monmouth County"Initial feedback supports continued exploration of ACVD as an alternative to judge-led voir dire, which has been the standard in New Jersey for more than 50 years," the notice said.
By Colleen Murphy
2 minute read
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