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Colleen Murphy

Colleen Murphy

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March 08, 2023 | Law.com

Utah AG Sues National Association of Attorneys General Over $100M Fund

Utah Attorney General Sean D. Reyes announced that his state filed a lawsuit against the National Association of Attorneys General, asking a judge to clarify whether NAAG's custody of $100 million in public funds is subject to Utah's State Money Management Act and requesting a special master to conduct an accounting of the funds.

By Colleen Murphy

3 minute read

March 07, 2023 | Law.com

'Intentional and Egregious': Deleted Text Messages Result in Sanctions Against Plaintiff, Dismissal of Employment Case

"The intentional and egregious nature of plaintiff's conduct, which demonstrates a disregard of the Federal Rules of Civil Procedure and a willingness to commit fraud on the court to prevail and receive an award of monetary damages, not to mention the resultant material injurious effect upon defendant, shocked the conscience of the court—so much so that the court questioned whether it could, in good conscience, submit any of plaintiff's evidence or testimony to a jury," U.S. District Judge Julie R. Rubin wrote.

By Colleen Murphy

4 minute read

March 06, 2023 | New Jersey Law Journal

Appellate Court Finds Disputes in Crash, No Conviction or Guilty Plea to DWI

"Here, the Legislature's language is plain and unambiguous," Judge Carmen Messano said. "It evidences the clear intention to deny a plaintiff convicted of DWI the possibility of prevailing in a suit for damages arising from the subject motor vehicle accident by eliminating the convicted plaintiff's 'cause of action.'"

By Colleen Murphy

5 minute read

March 06, 2023 | New Jersey Law Journal

Appellate Division Ruling on 'Fake Sales' Likely to Spawn Class Action Claims Against Retailers

A lawyer with Archer in Voorhees cautioned that the Appellate Division's ruling on a motion to dismiss is not the same as if there had been a trial.

By Colleen Murphy

6 minute read

March 03, 2023 | New Jersey Law Journal

NJ Appeals Court: Parties Can't Expand Scope of Review in FAA-Governed Arbitration Agreements

"Guided by the United States Supreme Court's holding in 'Hall St. Assocs. v. Mattel,' we conclude that when the FAA controls an arbitration agreement, its vacatur terms are exclusive and cannot be modified by contract," said Judge Heidi Willis Currier, in her written opinion for the court.

By Colleen Murphy

6 minute read

March 03, 2023 | New Jersey Law Journal

Judge Dismisses Discrimination Lawsuit Against Princeton University, Plaintiff Given Time to Amend Complaint

As to whether Doe sufficiently pleaded a plausible cause of action for hostile educational environment under the NJLAD, Judge Castner stated that she had not.

By Colleen Murphy

4 minute read

March 03, 2023 | Law.com

Las Vegas Law Firm Takes Fight With NFL Over Super Bowl Commercial to Federal Court

"The only logo in the commercial is the law firm's Spartan logo," said lead attorney Steve Dimopoulos in a statement. "If the NFL wants me to give up my First Amendment rights, well then molon labe."

By Colleen Murphy

3 minute read

March 01, 2023 | New Jersey Law Journal

SCOTUS Questions Whether NY Can Keep NJ 'On the Hook Indefinitely' for Waterfront Commission

"So we know here that the parties never intended for this to be perpetual," stated Justice Sonia Sotomayor. "And so I see the question as what are the situations in which one party can withdraw? Once you said they didn't intend for it to be perpetual. I think that's the end of the game."

By Colleen Murphy

5 minute read

March 01, 2023 | New Jersey Law Journal

NJ Appeals Court, Relying on High Court Holding, Greenlights Wage-and-Hour Claim

"The legislature, however, did not tether Chapter 212's remedies to the accrual date of an employee's claim," stated Judge Carmen Messano. "It only prohibited an employee from recovering damages for wages due more than six years prior to the 'commencement' of the action, specifically the filing of a complaint in a court of competent jurisdiction."

By Colleen Murphy

4 minute read

March 01, 2023 | Law.com

10th Circ. Declines to Pronounce Bright-Line Benchmark for Attorney Fees in Class Actions

"To date, we have not adopted a benchmark percentage for attorneys' fees from common fund settlements," stated Judge Joel M. Carson, III, in his written opinion for the court. "And we decline to pronounce a bright-line benchmark today. Instead, we reiterate our prior recognition that awards across a range of percentages may be reasonable."

By Colleen Murphy

5 minute read