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Colleen Murphy

Colleen Murphy

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July 05, 2022 | New Jersey Law Journal

Spurred by Recent Ruling, Proposed Bill Seeks to Add Nondisparagement Provisions to Law Banning NDAs

"Non-disclosure agreements (NDA) have no place for those that may been sexually harassed or faced discrimination or retaliation on the job. While legislation passed in 2019 offers protections against so-called classic NDA's, the use of 'non-disparagement' agreements are an equally inappropriate way to squash a person's voice and take away basic rights. It must be prohibited, and this legislation will do so," said Sen. Andrew Zwicker, one of the new bill's co-sponsors.

By Colleen Murphy

3 minute read

July 05, 2022 | New Jersey Law Journal

NJ Appeals Court: Pandemic Shutdowns Don't Excuse Construction Company From Settlement Obligation

Finding that pandemic shutdowns did not create circumstances warranting application of the "doctrine of impossibility," the Appellate Division has refused to let a construction company out of a settlement agreement reached with its insurer over unpaid workers' compensation premiums as a result of misclassifying workers and understating payroll.

By Colleen Murphy

4 minute read

July 01, 2022 | Law.com

3rd Circ.: Port Authority Failed to Prove Ban of 'Black Lives Matter' Face Masks Was Constitutional

Once the Port Authority received its supply of masks, a new policy continued the restriction on "political or social protest" masks and added a section detailing which masks may be worn.

By Colleen Murphy

4 minute read

June 30, 2022 | International Edition

3 Am Law 50 Firms Continue to Struggle to Withdraw From Representing Sanctioned Russian Banks

Latham & Watkins and its client, VTB Bank, have already missed two deadlines to get substitute counsel to file an appearance notice, and requested, in a letter addressed to a federal judge, an additional two-week extension until July 7.

By Colleen Murphy

5 minute read

June 30, 2022 | New Jersey Law Journal

Proposed Bill Would Expand NJ Antitrust Law, Consumer Fraud Act to Include Abusive Commercial Practices

The bill would expand the language of the Consumer Fraud Act to include commercial practices deemed to be unconscionable or abusive. It also states that in an action brought by the state attorney general, "any commercial practice that violates State or federal law is conclusively presumed to be an unlawful practice under the consumer fraud act."

By Colleen Murphy

2 minute read

June 30, 2022 | Law.com

When Is a General Partnership Actually an Investment Contract? State High Court Weighs In

The Colorado Supreme Court has reversed an Appellate Division ruling that said a "strong presumption" should be applied in a claim that a general partnership is, in fact, operating as an investment contract.

By Colleen Murphy

5 minute read

June 30, 2022 | New Jersey Law Journal

$1.2M Settlement Reached in Case of Landscaping Truck That Ran Red Light

A woman who suffered spinal injuries when her car was broadsided by a landscaping truck agreed to a $1.175 million settlement in her Camden County…

By Charles Toutant | Colleen Murphy

4 minute read

June 29, 2022 | New Jersey Law Journal

Firefighter Reinstated by NJ Appellate Division After State Lab Drug Testing Procedures Are Questioned

The New Jersey Appellate Division has ordered a firefighter reinstated after the Paterson Fire Department failed to prove that drug testing equipment was properly calibrated and that standard operating procedures were followed.

By Colleen Murphy

5 minute read

June 29, 2022 | Law.com

State Appeals Court Holds Patient to Arbitration Agreement Signed Upon Admission to Hospital

"When a party agrees to a non-judicial forum for dispute resolution, the party should be held to that agreement," the court said.

By Colleen Murphy

4 minute read

June 29, 2022 | Law.com

Arizona Appeals Court Vacates Suspension of Former Police Sergeant Over Facebook Post

Sergeant Stefani McMichael-Gombar was suspended for a private Facebook post which allegedly violated the Phoenix Police Department's Social Media Policy, according to the opinion. Although the content of the post was not included in the court record, the Phoenix New Times reported that a team of Philadelphia attorneys had published "hundreds of offensive Facebook posts" made by Phoenix Police Officers.

By Colleen Murphy

4 minute read