October 22, 2018 | New Jersey Law Journal
Recognizing the State Commission of Investigation on its 50th AnniversaryWe applaud its accomplishments in its 50 years of existence, and underscore what we believe to be the most important of all: the SCI has reported on subjects which led to statutory, regulatory and administrative changes within government which have saved taxpayers millions of dollars in possible bureaucratic waste and mismanagement.
By Law Journal Editorial Board
4 minute read
October 22, 2018 | New Jersey Law Journal
Court Rightly Went Beyond Plain Language of Trust AgreementThe lesson of Violent Nelson for litigators is a reminder that in the context of trust and will interpretation, New Jersey courts reject the “plain meaning” rule and adopt a more modern view. The case is also a lesson for litigators: Sometimes grandchildren are not grandchildren.
By Law Journal Editorial Board
4 minute read
October 19, 2018 | Connecticut Law Tribune
The Vanishing Jury Trial Is Damaging Our DemocracyIf the right to a jury trial is sacred, as our Founding Fathers believed, then it should not be a means to an end, a tool, but an end in and of itself, like all precious things.
By Connecticut Editorial Board
4 minute read
October 15, 2018 | New Jersey Law Journal
Jury Should Assign Liability Among Parties in 'Blue Wall of Silence' CaseIn both Anderson and Jutrowski, the law required proof of individual responsibility. In neither case could the plaintiffs obtain proof of the tortfeasor's identity, although all potential responsible parties were before the court. In Jutrowski, there was the option of a conspiracy theory, but a jury could find no agreement, thus permitting the tortfeasor to escape responsibility. Might not the Anderson approach have been a way to have a jury assess the defendants' denials and ferret out the tortfeasor?
By Law Journal Editorial Board
3 minute read
October 15, 2018 | New Jersey Law Journal
'Daubert' Comes to New Jersey—or Does It?One might make a strong argument that cases involving such cutting edge theories of causality should be assigned specially, as medical malpractice cases once were and as certain commercial disputes presently are, to a particular judge in the venue who would be the most competent to make difficult decisions as were made by the trial judge in Accutane.
By Law Journal Editorial Board
5 minute read
October 12, 2018 | Connecticut Law Tribune
Examining How We Measure ExcellenceMeasuring professional success by cash flow is deeply suspect. Let's hope we never see medical doctors or college professors ranked by take-home pay!
By Connecticut Law Tribune Editorial Board
6 minute read
October 05, 2018 | Connecticut Law Tribune
Another Path to Safer Gun LegislationWe suggest “semi-automatic” guns not be banned, but regulated, just as machine guns and sawed–off shotguns have been for the last 80-plus years.
By Connecticut Editorial Board
3 minute read
October 05, 2018 | New Jersey Law Journal
Editorial: Courts Correctly Sanction Attorney OverbillingClemens v. N.Y. Central Mutual Fire Ins. Co.Attorneys' bills must be “reasonable” to comport with New Jersey's Rule of Professional Conduct…
By Law Journal Editorial Board
8 minute read
October 03, 2018 | The American Lawyer
Pay Raises Can Be a Bittersweet Bump for Big Law AssociatesAssociate raises have side effects that firms should acknowledge and address.
By The Young Lawyer Editorial Board
8 minute read
October 01, 2018 | New Jersey Law Journal
Reexamine the Offer of Judgment RuleAfter the Supreme Court's Aug. 15 opinion in Wilner v. Vertical Realty, Inc., we believe the rule requires revision with respect to multi-defendant cases.
By Law Journal Editorial Board
4 minute read
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