September 20, 2022 | Law.com
Federal Judge Calls Failure to Participate in Discovery 'Dereliction of Duty'"Fair and full litigation, where determination of the truth through discovery is a critical process, inherently cannot occur if one or more parties to the dispute simply refuse to participate," U.S. District Judge Angel Kelley said.
By Colleen Murphy
7 minute read
September 20, 2022 | Law.com
Court-Sponsored DV-MRT Treatment Helps Reduce Domestic Violence Recidivism, Study Shows"The GJC is grateful to the district and municipal courts who chose to initiate these programs and who participated in our pilot project," said Kitsap County District Court Judge Marilyn Paja, co-chair of the Washington Supreme Court's Gender and Justice Commission. "We are hopeful more courts will consider DV-MRT, and this will prompt additional study."
By Colleen Murphy
3 minute read
September 20, 2022 | Law.com
Federal Judge Awards Nearly $4M in 'Exceptional Case' for Attorney FeesFollowing the dismissal with prejudice of a patent infringement claim brought by Realtime Adaptive Streaming against Sling TV, Dish Network and others, a federal judge in Colorado found that the case was "exceptional" and that the defendant companies were entitled to an award of attorney fees.
By Colleen Murphy
7 minute read
September 20, 2022 | New Jersey Law Journal
Chipotle Settles With NJ for $7.75M Over Child Labor Law Violations"This historic settlement is just one result of the investments we have made throughout the Murphy administration to proactively enforce our worker protection laws," the acting attorney general said, "and it should serve as a message to every employer that if you exploit your workers, you will be held accountable."
By Colleen Murphy
3 minute read
September 19, 2022 | New Jersey Law Journal
'This Case Was Not Retried as We Anticipated': Appellate Division Issues Reversal Over Disputed Facts in Homeowners Insurance Claim"There is obviously a material, factual dispute over whether Pokhan provided all of the information, including the information State Farm claims is false, on the insurance application, precluding summary judgment on State Farm's claim of fraud in Pokhan's procurement of the policy," Appellate Division Judge Allison E. Accurso wrote. "The application is not signed, and there is no dispute that State Farm never provided Pokhan—prior to the fire loss—a copy to permit her to confirm or deny the information recorded on the form by an individual State Farm has never produced and claims it cannot locate."
By Colleen Murphy
6 minute read
September 19, 2022 | Law.com
Arizona High Court: State Senate Doesn't Have to Disclose All Documents Related to 2020 Maricopa County Ballot Audit"We hold that the Senate engaged in a privileged legislative act when it exercised its statutory and constitutional authority to investigate the 2020 general election," Justice John R. Lopez stated. "The legislature possesses the authority to enact substantive election laws."
By Colleen Murphy
7 minute read
September 19, 2022 | Law.com
$1M Postjudgment Interest Claim Divides 3rd Circuit Panel"Jenzack asks us to slalom past an intervening settlement agreement and a plainly written consent judgment to award it more than a million dollars in post-judgment interest," Judge Joseph A. Greenaway Jr. stated. "We choose a different path."
By Colleen Murphy
7 minute read
September 16, 2022 | Law.com
Divided State Supreme Court: Ban on Forced DUI Blood Draws Only Applies to Warrantless Searches"True, the expressed consent statute is silent as to warrants, but a different statute within the motor vehicle code (which houses the expressed consent statute) is not," stated Chief Justice Brian D. Boatright.
By Colleen Murphy
6 minute read
September 15, 2022 | Law.com
Colorado Appeals Court Divided Over Tolling Provisions During Period of Disability"Because the supreme court has not excepted from its broad interpretation situations in which the minor turns eighteen before the statute of limitations expires, neither may we," concluded Judge David H. Yun.
By Colleen Murphy
5 minute read
September 15, 2022 | New Jersey Law Journal
3rd Circuit: Courts, Not Arbitrators, Decide Questions of Contract SupersessionThe U.S. Court of Appeals for the Third Circuit agreed with a federal judge in New Jersey that courts—not arbitrators—are authorized to determine whether an arbitration agreement is superseded by a subsequent contract.
By Colleen Murphy
6 minute read
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