December 01, 2022 | New Jersey Law Journal
Federal Judge Sides With Walmart on Injury Claim Over Motorized Shopping Cart"Generally, merely providing shopping carts as a self-service equipment does not alone increase the risk of a dangerous condition to warrant application of the mode of operation rule," Judge William J. Martini said. "Rather, application of the mode of operation rule requires that some aspect of the store's self-service operation created a substantial risk of injury."
By Colleen Murphy
4 minute read
December 01, 2022 | The Legal Intelligencer
Philadelphia Attorney Pleads Guilty to Tax Charges in Federal CourtU.S. Attorney Jacqueline C. Romero of the Eastern District of Pennsylvania has announced that attorney Conrad Benedetto entered a guilty plea on charges of failure to file a tax return and failure to collect or pay employment tax in connection with his Philadelphia law practice.
By Colleen Murphy
3 minute read
November 30, 2022 | New Jersey Law Journal
Fraudulent Joinder Argument Fails for Conagra, BJ's in Product Liability ClaimA federal judge in New Jersey denied a motion by BJ's Wholesale and Conagra Brands that had accused the plaintiff of fraudulently joining a New Jersey resident to the case in order to defeat diversity jurisdiction and prevent removal to federal court.
By Colleen Murphy
3 minute read
November 30, 2022 | New Jersey Law Journal
Montgomery McCracken to Conduct Independent Review of State's Handling of COVID-19 Pandemic"My responsibility as governor also demands a full and comprehensive review of how the state was prepared for and responded to the pandemic, so that we can take the steps to better prepare future administrations for a public health crisis," stated Murphy.
By Colleen Murphy
3 minute read
November 29, 2022 | New Jersey Law Journal
Divided 3rd Circ. Says Battle Over Murphy's COVID-19 Restrictions Is MootThe plaintiffs "invite us to hypothesize about future scenarios in which not only does the COVID-19 pandemic reach crisis levels comparable to early-2020, but New Jersey's executive officials will choose to ignore everything—both legal and factual—we have learned since those early months and bluntly reintroduce legally-suspect gathering restrictions on religious worship," the majority wrote.
By Colleen Murphy
5 minute read
November 29, 2022 | New Jersey Law Journal
Federal Judge Refuses to Dismiss COVID-19 Fraudulent Billing Scheme Claim Brought by AetnaA federal judge in New Jersey denied a motion to dismiss Aetna's claim that the defendant medical professionals and companies engaged in fraudulent billing schemes to profit from the administration of COVID-19 rapid tests.
By Colleen Murphy
4 minute read
November 29, 2022 | New Jersey Law Journal
NJ Appeals Court Rejects Retroactive Application of New Federal Arbitration Law for Sexual Assault or HarassmentThe Appellate Division rejected a plaintiff's argument that the recently enacted Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 should be applied retroactively to allow her sexually hostile work environment and constructive discharge claims to proceed under the New Jersey Law Against Discrimination.
By Colleen Murphy
5 minute read
November 29, 2022 | Law.com
Sixth Circuit: State's Challenge Against $195.3B ARPA Aid Is Moot"In essence, Ohio said, by offering such a generous aid package during an economic crisis, the federal government left Ohio with 'no real choice' but to accept the funds," stated Judge John K. Bush. "And such coercion was especially egregious because of its intrusion upon Ohio's 'sovereign authority to set tax policy as it sees fit.'"
By Colleen Murphy
5 minute read
November 28, 2022 | New Jersey Law Journal
2020 Primary Candidates Fail in 3rd Circ. Challenge to NJ Consent Requirement for Ballot Slogans"This case asks us to determine where the campaign ends and the electoral process begins," stated Judge Cheryl Ann Krause, in her written opinion for the court. "New Jersey permits candidates running in primary elections to include beside their name a slogan of up to six words to help distinguish them from others on the ballot."
By Colleen Murphy
5 minute read
November 23, 2022 | New Jersey Law Journal
NJ Appeals Court: Litigation Conduct a Key Factor in Forum Selection Clause Waiver DisputesThe loan agreement and the mortgage agreement contained the same forum selection clause which stated that the plaintiffs agreed to submit any lawsuit to the jurisdiction of courts in Salt Lake County in Utah, according to the opinion.
By Colleen Murphy
5 minute read
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