Colleen Murphy

February 02, 2023 | New Jersey Law Journal

"Legal duties do not spring from silence. Congress never said that drug makers must deliver discounted Section 340B drugs to an unlimited number of contract pharmacies," Judge Stephanos Bibas wrote. "So by trying to enforce that supposed requirement, the government overstepped the statute's bounds. And HHS did not violate the APA by purporting to withdraw the proposed ADR Rule before later finalizing it."

By Colleen Murphy

7 minute read

February 02, 2023 | New Jersey Law Journal

"The Division on Civil Rights is investigating allegations of discrimination involving the Millville Municipal Court," said New Jersey Attorney General Matthew J. Platkin in a statement. "The investigation will also encompass whether any person or entity has engaged in unlawful retaliation in response to those allegations."

By Colleen Murphy

3 minute read

February 01, 2023 | Law.com

"But we want to be very clear: We will continue to faithfully apply Gonzales v. Raich unless the Supreme Court instructs us otherwise," concluded Circuit Judge Bobby R. Baldock. "The taxpayers cannot show the IRS lacked a legitimate purpose based on Justice Thomas's statement."

By Colleen Murphy

7 minute read

February 01, 2023 | Law.com

"As to the issue that is implicated here, namely, whether a sleeping-juror issue is preserved when the parties advise the trial court that a juror is sleeping but request no action or remedy from the court, we conclude that Forgette did not preserve this issue and, on the facts before us, waived it, thus precluding appellate review," Justice Richard L. Gabriel wrote.

By Colleen Murphy

7 minute read

January 31, 2023 | Law.com

"We recognize the challenges faced by district court judges, often presiding over emotionally charged cases involving litigants and lawyers who might challenge their authority, insult their integrity, impugn their good names, and even attempt to bait them into losing control," the New Mexico Supreme Court said in its censure. "In those instances, district court judges, no matter how egregious the behavior by counsel or clients, must remain above the fray in order to carry out their official duties."

By Colleen Murphy

5 minute read

January 31, 2023 | New Jersey Law Journal

"Respondent failed to notify anyone, including her employer Ricoh, of her administrative suspension," stated the decision. "Further, respondent failed to maintain records of the steps she took to comply with the Pennsylvania disciplinary rules governing suspended attorneys."

By Colleen Murphy

3 minute read

January 30, 2023 | New Jersey Law Journal

In an unpublished opinion, the Appellate Division held that the New Jersey Supreme Court's holding in "Hargrove v. Sleepy's" does not apply to Wage Payment Law claims asserted by fully commissioned real estate salespeople because the Brokers Act forecloses the use of the "ABC test" to distinguish between employees and independent contractors.

By Colleen Murphy

5 minute read

January 30, 2023 | New Jersey Law Journal

"The inflated co-pays are key to the alleged scheme because the higher amounts essentially force patients into the program," Judge John Michael Vazquez wrote. "The second part of the purported SaveOnSP Program is to target patients. Plaintiff alleges that defendant uses the threat of the artificially inflated copay to coerce patients into enrolling in the SaveOnSP Program."

By Colleen Murphy

6 minute read

January 27, 2023 | Law.com

"As in 2016, when its unlawful actions were enjoined, 'Texas v. United States,' the department has once again ordered states and other regulated parties to ignore the biological reality of sex when it comes to athletics, locker rooms, pronouns, and who knows what else, or face enforcement actions," the AGs wrote in a response brief filed in U.S. Court of Appeals for the Sixth Circuit.

By Colleen Murphy

3 minute read

January 27, 2023 | Law.com

"We conclude that creating a pink cake with blue frosting is not inherently expressive and any message or symbolism it provides to an observer would not be attributed to the baker," stated Judge Timothy J. Schutz, in his written opinion for the court.

By Colleen Murphy

6 minute read