Ethan M Simon

Ethan M Simon

August 12, 2019 | The Legal Intelligencer

The Subtle Role of the Courts in the Fight Against Gun Violence

There were no less than two front page mass shootings this month. Communities typically look to their legislators to address gun violence, but the courts may also have a role to play, even if they don’t know it yet.

By Ethan M. Simon

6 minute read

August 10, 2018 | New Jersey Law Journal

New Jersey Supreme Court Adopts 'Daubert,' 25 Years Later

As of last month, most states had adopted Daubert for purposes of their Rule 702 analogues. New Jersey was one of the few exceptions, until now.

By Stephen M. Orlofsky and Ethan M. Simon

6 minute read

July 30, 2018 | The Legal Intelligencer

How Video Game Mods Are Changing the Intellectual Property Game

A year ago, the word “fortnight” was relegated to relative obscurity—an archaic way of saying two weeks. In July 2017, however, all that changed. After software developer Epic Games released the blockbuster video game Fortnite Battle Royale—a multi-platform, free-to-play game in which players participate in a cartoonish fight for survival in a post-apocalyptic world—the word "Fortnite" can now be heard everywhere.

By Jeffrey N. Rosenthal and Ethan M. Simon

1 minute read

May 04, 2018 | New Jersey Law Journal

Must Consumer Suffer Adverse Consequence in Order to Sue Under TCCWNA?

There is no doubt that the decision in "Spade v. Select Comfort Corp." will significantly impact both pending and future TCCWNA claims.

By Stephen M. Orlofsky and Ethan M. Simon

7 minute read

December 20, 2017 | The Legal Intelligencer

Appreciating Bitcoin: A Holiday Guide to Legal Hot Topics in Virtual Currency

Five years ago, one bitcoin sold for less than $15. Two years ago, the unit price was about $500. Now, the price of a bitcoin has topped $15,000, and it's climbing fast enough to garner front-page attention by major newspapers.

By Ethan M. Simon

6 minute read

June 05, 2017 | New Jersey Law Journal

Pre-Complaint Discovery: An Underutilized, Underrated and Unknown Tool

New Jersey Rule 4:11-1 affords litigants a little-known, but extremely powerful tool by which to obtain information before filing a lawsuit.

By Ethan M. Simon

13 minute read

December 05, 2016 | New Jersey Law Journal

Does a CFA Claimant Need to Plead "But For" Causation?

New Jersey courts appear to be trending toward requiring Consumer Fraud Act (CFA) claimants to plead "but for" causation to survive dismissal.

By Seth J. Lapidow and Ethan M. Simon

15 minute read

May 28, 2015 | New Jersey Law Journal

The Need for Interlocutory Review of Class Cert Decisions

Immediate appellate review of class certification decisions as of right would benefit all parties.

By David C. Kistler and Ethan M. Simon

7 minute read

May 28, 2015 | New Jersey Law Journal

The Need for Interlocutory Review of Class Cert Decisions

Immediate appellate review of class certification decisions as of right would benefit all parties.

By David C. Kistler and Ethan M. Simon

7 minute read