Editorial Board

February 24, 2017 | New Jersey Law Journal

Although the Supreme Court made an end run around its own decision to achieve justice, we think it should have exercised its authority over the common law and expressly recognized that litigation conduct may constitute a waiver of immunity and that the conduct in this case constituted such a waiver.

By Editorial Board

6 minute read

February 20, 2017 | New Jersey Law Journal

The court stood by precedent, and stated loudly and clearly that the new justices would not go back on solid, established state constitutional obligations. We applaud the court's steady adherence to our state constitution.

By Editorial Board

6 minute read

February 20, 2017 | New Jersey Law Journal

Coming from the president, such statements are reprehensible and must be condemned in the strongest terms by all who subscribe to the principles of separation of powers and the independence of the judiciary—two of the most important bedrocks of our system of government. We do so here.

By Editorial Board

9 minute read

February 10, 2017 | New Jersey Law Journal

We hope and trust that when put to the test, the plenary power of the United States to control immigration will not be extended to the exclusion or special scrutiny of individuals on the ground of religious belief.

By Editorial Board

10 minute read

February 10, 2017 | New Jersey Law Journal

It cannot be that cases that mediators or arbitrators find resolvable in a short time should be dragging on in the courts as the seasons change.

By Editorial Board

4 minute read

February 06, 2017 | New Jersey Law Journal

Efforts to draw a line, and ensure that Fair Credit Report Act class actions focus on harm to the plaintiffs, are playing out in two cases pending in New Jersey.

By Editorial Board

9 minute read

February 06, 2017 | New Jersey Law Journal

It is time for the court rules to catch up with the practice and technology concerning the use of unpublished appellate opinions.

By Editorial Board

6 minute read

January 30, 2017 | New Jersey Law Journal

We believe there should be ethical limits on comments about the judiciary from within in terms of their impact on the public's perception of the fairness and competence of its decision-making—and, in turn, on the public's confidence in the judiciary.

By Editorial Board

5 minute read

January 30, 2017 | New Jersey Law Journal

We predict BNSF will fall and so hope. The decision below encourages rampant forum shopping, which already has affected Montana—where, according to the certiorari petition, there are 32 pending FELA actions brought by plaintiffs who are not Montana residents, were not injured there, and do not allege any Montana-related transgressions.

By Editorial Board

10 minute read

January 23, 2017 | New Jersey Law Journal

The Township of Bernards faces a decision: if they appeal and continue the fight, they will exacerbate conflicts in the community, and will incur further counsel fees in an already burdensome effort to prevent construction of a house of worship.

By Editorial Board

4 minute read