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Colleen Murphy

Colleen Murphy

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January 20, 2023 | Law.com

Federal Judge: Bad Blood Over Unrelated Bankruptcy Case Not Grounds to Demand Contract Assurances

"Given that Kearsarge rejected any attempt at cooperation with Skyview, it was unreasonable for it to demand assurances in the form of a bond or letter of credit," stated Judge Patti B. Saris. "Despite a record of full performance between the parties, Kearsarge's demand for a surety for the full notional value of the outstanding trades further supports this conclusion."

By Colleen Murphy

5 minute read

January 20, 2023 | Law.com

7th Circ. Acknowledges 'Typical' Challenges Faced by Black Women in the Workplace, but Ultimately Sides With Employer

"We realize that Bragg's reports of racial insensitivity are typical of the challenges Black women face in the workplace," stated Judge Diane Wood, in her written opinion for the court. "Nonetheless, we must decide cases based on the record before us."

By Colleen Murphy

7 minute read

January 20, 2023 | New Jersey Law Journal

Judgment Reversed: Sentencing Court, Not Motor Vehicle Commission, Has Jurisdiction Over DUI Sentencing Credit

"The nature of this defendant's request concerning her sentence inherently calls for a judicial determination," Judge Jack M. Sabatino wrote for the court. "Fundamentally, defendant is seeking a declaratory ruling that the years she lacked access to a vehicle, and was thus unable to install an IID, justify up to an equivalent period of relief from her sentence. Courts are well equipped to render declaratory rulings that involve such matters of status under the law."

By Colleen Murphy

5 minute read

January 20, 2023 | Law.com

Arizona Republicans Likely to Appeal Mail-In Voting Challenge to State High Court, Lead Counsel Says

"Since this case is about issue of first impression, we always believed it would end up before the Arizona Supreme Court," said counsel to the AZGOP, Alexander Kolodin of the Davillier Law Group. "No trial court or court of appeals is going to upset the apple cart on something this major."

By Colleen Murphy

7 minute read

January 19, 2023 | New Jersey Law Journal

Wainer Apter Pens First Opinion as NJ Justice, Siding With Survivor on Child Sexual Abuse Act Claim

"Applying the law in effect at the time a complaint is filed—even when that law changed the requirements for filing a complaint—is not applying a statute retroactively; it is applying a statute prospectively to cases filed after its effective date," said Justice Rachel Wainer Apter, in her first written opinion for the court.

By Colleen Murphy

6 minute read

January 19, 2023 | New Jersey Law Journal

$5.35 Million Settlement for ICE Agent Injured in Crash With County Prosecutor Employee

A settlement of $5.35 million was reached in Martins v. Corino on June 10 for a former officer with the U.S. Immigration and Customs Agency who was…

By Colleen Murphy

4 minute read

January 17, 2023 | New Jersey Law Journal

Seasoned Prosecutor Tapped to Lead NJ's Newly Created Securities Fraud Office

"We're putting fraudsters and wrongdoers on notice: if you harm our residents and violate our financial and securities laws, you will be held accountable, no matter how powerful you are," Attorney General Matthew Platkin said.

By Colleen Murphy

3 minute read

January 11, 2023 | New Jersey Law Journal

'You Refuse to Perform Your Job': Court Leadership Rebukes Judge Who Alleged Discrimination Against Litigants

"Despite continually alleging from the bench and in interviews with the press that discriminatory scheduling practices were occurring in his courtroom, Judge Witcher has ignored repeated requests from his supervising judge, dating back to Dec. 21, to review court docket lists in advance to ensure court cases are being scheduled appropriately, emails released today by the Administrative Office of the Courts show," judiciary spokesman Peter McAleer said.

By Colleen Murphy

4 minute read

January 11, 2023 | New Jersey Law Journal

Trial Over Accident Caused by Dislodged Wheel Nets $2.71 Million Recovery

In Laul v. Instant Air Heating & Cooling, a Middlesex County jury awarded $2.6 million on Dec. 9 to a man who suffered a neck injury when his…

By Charles Toutant | Colleen Murphy

6 minute read

January 10, 2023 | Law.com

State Supreme Court Determines Venue Based on Residence of LLC, Not of Members

"So, while the citizenship of an LLC's members is relevant to determining if a federal court has the authority to act in a particular case, that information is not particularly relevant to determining under C.R.C.P. 98 if venue is improper in a particular county or if venue is convenient when one of the parties is an LLC," stated Justice Maria Berkenkotter.

By Colleen Murphy

4 minute read