Colleen Murphy

February 22, 2023 | New Jersey Law Journal

"Here, plaintiff has not incurred any medical costs in the fifteen years since the abuse and no expert has opined he will seek such treatment and what the cost might be," Judge Heidi W. Currier wrote. "Moreover, plaintiff is only barred from seeking pain and suffering damages under N.J.S.A. 59:9-2(d). He is not foreclosed from other available damages under the statute."

By Colleen Murphy

5 minute read

February 22, 2023 | New Jersey Law Journal

In a published opinion, the New Jersey Appellate Division held that judicial estoppel does not prevent a plaintiff from reversing a position on the negligence of a settling joint tortfeasor at trial.

By Colleen Murphy

6 minute read

February 22, 2023 | Law.com

"Some of the statements may have been the product of carelessness and substandard journalistic methods," stated Chief Judge Roger L. Gregory. "But at the end of the day, the record does not contain evidence that the commentators and journalists responsible for the statements were anything more than confused about how to describe a person who served a year in prison for a federal offense."

By Colleen Murphy

5 minute read

February 21, 2023 | Law.com

"Ms. Braxton argues the district court erred in its construction of the deposition testimony because, as the nonmovant responding to Walmart's motion for summary judgment, she, not Walmart, was entitled to all favorable factual inferences," the opinion said. "But in so arguing, she necessarily concedes that the evidence she relies upon requires inference, which means it was not 'direct.'"

By Colleen Murphy

5 minute read

February 17, 2023 | New Jersey Law Journal

"The DRB was open about the absence of precedent for the specific federal crime of cyberstalking and searched nationally for a comparable case," said Roger Plawker of Pashman Stein Walder Hayden.

By Colleen Murphy

7 minute read

February 17, 2023 | Law.com

"As we urgently address the mental and behavioral health crisis facing our state, our office will continue to enforce the highest possible standards of care among mental health providers to ensure vulnerable residents are receiving these critical health care services from trained professionals," said Massachusetts Attorney General Andrea Joy Campbell.

By Colleen Murphy

3 minute read

February 17, 2023 | Law.com

Colorado Attorney General Phil Weiser announced two appointments within the Colorado Department of Law: Shannon Wells Stevenson as solicitor general, and Nathan Blake as deputy attorney general of the Consumer Protection Section.

By Colleen Murphy

3 minute read

February 17, 2023 | New Jersey Law Journal

A $1.625 million settlement was reached prior to trial in Bernstein v. Friedman for a 38-year-old woman involved motor vehicle crash in Morris County. On…

By Colleen Murphy

4 minute read

February 16, 2023 | New Jersey Law Journal

"That would be too much work if we started going through every single case and picking out cases for in person based on last name," one court clerk said in the report. "A person's last name does not play any part in the scheduling of a matter."

By Colleen Murphy

5 minute read

February 15, 2023 | New Jersey Law Journal

"Along with the Joint Tortfeasors Contribution Law, which affords contribution rights to joint tortfeasors, the CNA prescribes 'the statutory framework for the allocation of fault when multiple parties are alleged to have contributed to the plaintiff's harm,'" Justice Anne M. Patterson wrote. "The statutes together enable 'the distribution of loss in proportion to the respective faults of the parties causing that loss' and 'ensure that damages are ordinarily apportioned to joint tortfeasors in conformity to the factfinder's allocation of fault.'"

By Colleen Murphy

5 minute read