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Editorial Board

Editorial Board

October 22, 2018 | New Jersey Law Journal

Recognizing the State Commission of Investigation on its 50th Anniversary

We 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 Agreement

The 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 Democracy

If 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' Case

In 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 Excellence

Measuring 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 Legislation

We 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 Overbilling

Clemens 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 Associates

Associate 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 Rule

After 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