February 14, 2023 | Law.com
10th Circuit Upholds 'Effective Vindication Exception' to Invalidate Arbitration Provisions in ESOP"Indeed, it is not clear what remedies Harrison would be left with if Section 21(b) is enforced as written," the judge wrote. "And, in fact, Section 21(b) effectively prevents any claimant from pursuing the types of claims that Harrison asserts in his complaint."
By Colleen Murphy
6 minute read
February 14, 2023 | Law.com
Federal Judge Rejects Proposed Workaround for Magnuson-Moss Warranty Act Class Actions With Too Few Plaintiffs"In the absence of precedent from the First Circuit, this Court will adopt the Ninth Circuit's reasoning in 'Floyd,' which correctly adheres to this circuit's and the Supreme Court's principles of statutory interpretation," U.S. District Judge Angel Kelley of the District of Massachusetts wrote.
By Colleen Murphy
7 minute read
February 13, 2023 | New Jersey Law Journal
Corporate Owner of 'Women's Business' Leads to Court's Rejection of Business CertificationIn an unpublished opinion, the New Jersey Appellate Division affirmed the denial of an application for the certification of a "women's business" by a division of the state's treasury department because that business is owned by another corporation.
By Colleen Murphy
3 minute read
February 13, 2023 | Law.com
Federal Judge Dismisses Suit Alleging Legal Team Misled Plaintiff in Wage-and-Hour Suit vs. WyethA Massachusetts federal judge has agreed to dismiss Pfizer and the plaintiff's former attorneys in the matter of a former Wyeth Pharmaceuticals employee who alleged his legal team misled him at various points during a wage-and-hour suit against his employer.
By Colleen Murphy
6 minute read
February 09, 2023 | New Jersey Law Journal
NJ Appeals Court: Retail Practice of Marking Up Prices Before Applying Discounts Violates Consumer LawsPlaintiffs counsel Stephen P. DeNittis of DeNittis Osefchen Prince called it a "landmark decision."
By Colleen Murphy
6 minute read
February 08, 2023 | New Jersey Law Journal
Appellate Division Ruling Fundamentally 'Alters the Landscape' of Arbitration Law, Former NJ Justice Says"It is probably one of the most significant decisions on arbitrations released by that court in many years," said former state Supreme Court Justice Peter G. Verniero of Wednesday's ruling. "Practitioners will need to review the decision carefully to anticipate its impact in this area of law."
By Colleen Murphy
5 minute read
February 08, 2023 | Corporate Counsel
Regulators and Plaintiffs Lawyers Are Targeting 'Tech Bro Culture.' Is Your Company Next?"I think that tech companies have been booming for a number of years, and it's only natural that legal issues are going to come to the fore," said Shannon Liss-Riordan, a partner at Lichten & Liss-Riordan.
By Colleen Murphy
5 minute read
February 07, 2023 | New Jersey Law Journal
NJ Judicial Vacancy Crisis Forces Judiciary to Cancel All Civil and Matrimonial Trials in 2 Vicinages"We recognize that when the doors of the courthouse are closed–even partially–people entitled to their day in court suffer real harm," said Chief Justice Rabner in a statement. "We therefore respectfully call on the executive and legislative branches to address the current vacancy crisis in Vicinages 13 and 15 as well as other parts of the state.
By Colleen Murphy
4 minute read
February 07, 2023 | New Jersey Law Journal
'NJ Employers Might Find Themselves in a Really Tight Spot' When Amended NJ WARN Act Takes Effect in April"I think litigation flowing from any of these challenging questions is likely," said Mark Diana, a shareholder with Ogletree, Deakins, Nash, Smoak & Stewart's Morristown office, explaining that the amendments are set to put the New Jersey WARN Act "out of sync with the federal act."
By Colleen Murphy
4 minute read
February 02, 2023 | New Jersey Law Journal
NJ Appellate Division Addresses Implicit Bias and Unlawful Discrimination in 3 First-Impression Issues"We reiterate yet again the state acknowledges it cannot explain why the dispatcher included a racial description of the robber when none had been provided by the victim," Judge Ronald Susswein wrote. "Absent such an explanation, the state has no way to measure the level of constitutional misconduct."
By Colleen Murphy
6 minute read
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