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Colleen Murphy

Colleen Murphy

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January 03, 2023 | Law.com

10th Circuit: 'Plot-Centric Unit of Prosecution' Allows for Joe Exotic's Consecutive Sentences for Hitmen Plots Against Rival

"As a threshold matter, the district court did not abuse its discretion by limiting its sentencing scope and refusing to reconsider Maldonado-Passage's previously denied motion to dismiss for multiplicity," stated Senior Judge Michael R. Murphy in his written opinion for the court. "Therefore, no vehicle to challenge the § 1958(a) components of his sentence as multiplicitous remains. Nonetheless, this court also confirms § 1958(a)'s 'plot centric' unit of prosecution permits separate offenses and consecutive sentences when, as here, two unrelated hitmen are hired to kill the same person."

By Colleen Murphy

6 minute read

January 01, 2023 | New Jersey Law Journal

Appeals Court: NJ Universities Immune From Liability for Transition to Online Instruction During Pandemic

"Kean and Montclair took actions in response to the COVID-19 pandemic and in compliance with EOs issued pursuant to the governor's powers under the EHPA," Judge Richard J. Geiger wrote. "Permitting plaintiffs to recover damages related to those actions would run counter to the legislature's purpose in granting authority to the executive branch to take such actions to thwart the dangers posed by the COVID-19 pandemic."

By Colleen Murphy

6 minute read

December 30, 2022 | Law.com

Oregon Governor Announces Bench Appointments in Jackson & Klamath Counties

"Jeremy Markiewicz and Stephen Hedlund are talented lawyers, and are ready to make significant contributions to the trial court bench," said Brown. "Both will bring a passion for justice, devotion to their communities, and empathy for the litigants that will appear before them."

By Colleen Murphy

2 minute read

December 29, 2022 | New Jersey Law Journal

Precedential 3rd Circuit Ruling Clarifies Authority to Review Remand Orders

"In other words, bad faith is not required, but a court in its discretion may look for 'indicia of bad faith,' as one factor in deciding whether to remand," Judge Patty Shwartz said. "Accordingly, we cannot conclude that the district court's statements, reflecting reality, were in error."

By Colleen Murphy

6 minute read

December 28, 2022 | New Jersey Law Journal

Third Amended Complaint Over Alleged Injury at Nets Game Results in Fee Award for Attorney

"Here, it is undisputed that the third action involves the same parties as contemplated in the proposed amended complaint in the second action," the opinion said. "Further, the causes of action advanced in the third action repeat the exact same causes of action as the proposed amended complaint in the second action."

By Colleen Murphy

6 minute read

December 27, 2022 | The Legal Intelligencer

Pa. Superior Court Affirms Jury Verdict Finding No Negligence Was Committed by Medical Providers

"He does not explain how the trial court abused its discretion in reaching its conclusion that the jury's verdict was not conscience-shocking," said Judge Mary Jane Bowes. "As such, he has failed to establish his entitlement to relief from this court on his weight claim."

By Colleen Murphy

6 minute read

December 27, 2022 | New Jersey Law Journal

Determinations on Gun Carry Permit Applications Will No Longer Be Made by NJ Courts

In a notice to the bar, Directive #14-22 laid out new procedures for carry permit applications for handguns in New Jersey that removed the state's judiciary from the initial permitting process, following the U.S. Supreme Court decision in "N.Y. State Rifle & Pistol Association v. Bruen."

By Colleen Murphy

4 minute read

December 27, 2022 | Law.com

Federal Judge Rejects Constitutionality Claim Over Colorado Law Protecting LGBTQIA+ Minors From 'Conversion Therapy'

"In the case of children who identify as lesbian, gay, bisexual, cisgender, transgender, or gender nonconforming, they are entitled to treatment—regardless of its outcome—that does not take a cavalier approach to their 'dignity and worth,'" a Colorado federal judge said. "And at the bare minimum, they are also entitled to a state's protection from therapeutic modalities that have been shown to cause longstanding psychological and physical damage."

By Colleen Murphy

6 minute read

December 27, 2022 | New Jersey Law Journal

NJ Appeals Court Sides With County Prosecutors Association Over ACLU Records Request

"This isn't an ordinary nonprofit organization that is purely private. It is controlled government employees and staffed and funded with taxpayer resources," said CJ Griffin, a partner at Pashman Stein Walder Hayden who argued the cause for amicus curiae Libertarians for Transparent Government. "Yet, this decision allows it to escape all transparency."

By Colleen Murphy

7 minute read

December 22, 2022 | New Jersey Law Journal

'Misrepresentation Cannot Serve as a Permissible Litigation Tactic,' Says Disciplinary Review Board

A Cherry Hill attorney with no prior disciplinary record received a censure after representing that his client was a first-time DWI offender in two different municipal court proceedings on the same day.

By Colleen Murphy

5 minute read