June 09, 2019 | New Jersey Law Journal
Ex-Pitcher's Case Against MLB Network Highlights Scope of Authority Over Employee ConductWilliams v The MLB Network provides a lesson in the scope of the Conscientious Employee Protection Act and the extent to which employers may control the conduct of employees outside of the workplace.
By Law Journal Editorial Board
3 minute read
June 09, 2019 | New Jersey Law Journal
After Supreme Court Ruling, Lawyers Should Examine Life Policies Benefiting Clients“Strangers” with no relationship to the insured should not be permitted to benefit by investment or wager on the life expectancy of another individual whether or not someone with an insured interest obtains a benefit by initially becoming the the named beneficiary of the policy.
By Law Journal Editorial Board
4 minute read
June 02, 2019 | New Jersey Law Journal
Voters Should Decide NJ Pension ReformWe believe that fiscal issues of this size and significance should be decided by the people's representatives, or the people themselves.
By Law Journal Editorial Board
5 minute read
June 02, 2019 | New Jersey Law Journal
Court Rightly Protected a Protected Class in Group Home's Discrimination CaseThe court did not stand on technicalities, construe LAD, or the definition of “person” therein, narrowly, or read the Noerr defense broadly, achieving a result that can significantly help members of a protected class who cannot otherwise protect themselves.
By Law Journal Editorial Board
3 minute read
May 26, 2019 | New Jersey Law Journal
Lawyer's Commentary on Judicial Appointment Process is Off BaseThis somewhat jaded view of the appointment process requires a brief answer from this board, which has several former members of the judiciary and practitioners intimately aware of the appointment process. Our system is working here.
By Law Journal Editorial Board
4 minute read
May 26, 2019 | New Jersey Law Journal
'May' Does Not Mean 'Must' in Arbitration AgreementThe lesson is clear; if parties drafting contracts want to be able to compel arbitration involving any New Jersey party, the drafter should take the time to review its existing forms and make them as clear as possible.
By Law Journal Editorial Board
4 minute read
May 19, 2019 | New Jersey Law Journal
Parking Space 'Chalking' Case Raises Questions on Fourth Amendment JurisprudenceTechnology is making universal surveillance of public spaces possible, and the right to be lost in the crowd will not depend on chalk. The real issue is not search but scrutiny.
By Law Journal Editorial Board
5 minute read
May 19, 2019 | New Jersey Law Journal
Entire Controversy Doctrine Lives On in Legal Malpractice LitigationThe Supreme Court reminds us that we all should be aware of the doctrine and its potential application in the context of legal malpractice.
By Law Journal Editorial Board
3 minute read
May 12, 2019 | New Jersey Law Journal
Ramapo College Case Teaches Hard Lesson About Waiving a DefenseEven where a party believes that a claim embodied in a particular count of the complaint was adequately met by the defense offered as to a different count, it nonetheless is necessary to respond to the former as well.
By Law Journal Editorial Board
3 minute read
May 12, 2019 | New Jersey Law Journal
Is Negligence in a Tender Offer Enough for a Securities Act Violation?The troublesome issue of scienter, as a necessary ingredient of various securities acts violations, remains in flux.
By Law Journal Editorial Board
5 minute read