January 26, 2023 | New Jersey Law Journal
Rejecting Constitutional Arguments, Appeals Court Says Smith & Wesson Must Comply With Subpoena in Consumer Fraud Probe"To accept defendant's position, any time the Attorney General's Office issued a civil subpoena, the target of the investigation could sprint to the federal courthouse to quash it, effectively stopping a valid investigation in its tracks," Appellate Division Judge Morris G. Smith wrote.
By Colleen Murphy
5 minute read
January 26, 2023 | Law.com
New Mexico Jury Returns $52M Punitive Damages Verdict in Insurance Bad Faith SuitA New Mexico jury hit Public Underwriters Liability Insurance Company with $52 million in punitive damages, finding the insurer violated the Unfair Practices Act in an insurance bad faith case after a decade of litigation.
By Colleen Murphy
4 minute read
January 25, 2023 | Law.com
Appellate Court: Defendant-Attorney Owes Lawyer One-Third Contingent Fee, Outlined in Engagement Letter"As it turned out, Deno negotiated a settlement satisfactory to Moncrieffe without the fullbore litigation they had expected," stated Judge Stuart A. Raphael, in his written opinion for the court. "The circuit court thus had a sound basis in fact to conclude that Deno provided real value to Moncrieffe while assuming a significant risk of getting nothing."
By Colleen Murphy
5 minute read
January 25, 2023 | Law.com
10th Circuit: Flight Attendant's Proposed Accommodations 'Weren't Plausibly Reasonable' in ADA Suit Against Frontier Airlines"An employer can incur liability under the Americans with Disabilities Act for failing to accommodate an employee's disability," Judge Robert E. Bacharach wrote. "Under the Act, the employee must request a 'plausibly reasonable accommodation.'"
By Colleen Murphy
5 minute read
January 24, 2023 | Law.com
State High Court Rejects Second Bar Recommendation to Amend Professional Rules to Include Anti-Discrimination, Anti-Harassment Provisions"While there is evidence that the resolution's drafters sought to curb discrimination and harassment identified in the survey conducted by the bar, such an intent cannot be used to justify the possible chilling of free speech," stated the opinion. "The resolution covers a substantial amount of protected speech."
By Colleen Murphy
6 minute read
January 24, 2023 | Law.com
Fidelity's In-House Legal Department Recognized for DEI Efforts"We have the opportunity to celebrate powerful advocates who work each day to make the Boston community more welcoming," said Lili Palacios-Baldwin, Beacon Award Committee Co-Chair.
By Colleen Murphy
5 minute read
January 24, 2023 | New Jersey Law Journal
Breakdown of Relationship Between Former Law Partners Results in Discipline for Both Sides"[W]e would have expected that two attorneys who have practiced without incident for decades would not have been tempted to blatantly subvert the language and intention of the Superior Court's orders in the manner that each did," the Disciplinary Review Board said.
By Colleen Murphy
8 minute read
January 24, 2023 | New Jersey Law Journal
Appeals Court: Law Firm Doesn't Have to Reveal Identity of Client in Defamation Suit—at Least Not Yet"This does not mean that plaintiffs' claim must be decided before it may be determined whether disclosure is appropriate," the Appellate Division said. "But it does mean that the judge should examine the merits—as may frequently occur when determining whether to impose an interlocutory injunction prior to trial."
By Colleen Murphy
5 minute read
January 24, 2023 | New Jersey Law Journal
$2 Million Settlement Reached For Rear-End Case Involving Dump TruckA $2 million settlement was reached in Middlesex Couhty suit Teaha Whitaker v. Advanced Site Contractors on Sept. 9 for a woman who was hit by a…
By Colleen Murphy
4 minute read
January 20, 2023 | New Jersey Law Journal
NJ Appeals Court Reinstates Medical Negligence Case, Finding Trial Judge Misapplied AOM Statute"Applying the AOM statute as enacted, we conclude the judge erred in rejecting the sworn statement plaintiffs submitted pursuant to N.J.S.A. 2A:53A-28 and in dismissing the complaint with prejudice," the per curiam opinion stated. "On remand, we direct the matter be assigned to a different judge."
By Colleen Murphy
5 minute read
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