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Law Journal Editorial Board

Law Journal Editorial Board

December 17, 2018 | New Jersey Law Journal

Lawyers, Don't Take On Too Many Cases

We do not mean to “pile on“ the criticism of Respondent in this case. We use this vehicle to remind New Jersey attorneys of the ethical obligation to stay on top of cases, and not to take too many matters, which can adversely affect their ability to perform appropriately in each and every case.

By Law Journal Editorial Board

3 minute read

December 17, 2018 | New Jersey Law Journal

Cheers to Court's Free Speech Ruling on 'BYOB'

It is hopefully just a matter of time before the state's outmoded and monopolistic system of liquor regulation goes the way of taxi medallions did in the face of competition from Uber and Lyft.

By Law Journal Editorial Board

4 minute read

December 10, 2018 | New Jersey Law Journal

Reconsideration More Efficient Than Appeal, Appellate Case Shows

Trial judges face a sometimes unenviable task on motion days, often with a dozen or more motions to review and decide in a limited number of hours on alternate Fridays. We do not envy them. But in this case, the Appellate Division called out errors that were clearly avoidable and caused additional work for both the parties and the court system.

By Law Journal Editorial Board

3 minute read

December 10, 2018 | New Jersey Law Journal

Tort Claim Should Proceed in Fatal Turnpike Case

We believe there is ample justification for the Supreme Court to reverse the Appellate Division, and not leave these unfortunate survivors to a legal malpractice action against their first lawyer.

By Law Journal Editorial Board

3 minute read

December 10, 2018 | New Jersey Law Journal

3rd Circuit Judge's Discovery Proposal is Misguided

It is reported that at last month's Federalist Society convention, Judge Thomas Hardiman of the Third Circuit proposed, “I would probably institute a new federal rule that said all cases worth less than $500,000 will be tried without any discovery.” If true, the statement is outrageous.

By Law Journal Editorial Board

3 minute read

November 30, 2018 | New Jersey Law Journal

Chief Justice Roberts Rightly Defended Judiciary Amid Trump's Criticism

All presidents select and nominate judges who they think will best advance and uphold their agenda. In that respect, there are “Obama judges” just as there are “Trump judges,” and that reality must be recognized. On the other hand, we believe the chief justice, as the leader of the federal Judiciary, was warranted in saying what he did.

By Law Journal Editorial Board

2 minute read

November 30, 2018 | New Jersey Law Journal

Alcotest Ruling Highlights Importance of Scientific Evidence

The careful scientific analysis undertaken by the special master and adopted by the court is especially important in this state, and reminds us of the importance of science and scientific analysis in today's world where scientific evidence is too often ignored.

By Law Journal Editorial Board

4 minute read

November 30, 2018 | New Jersey Law Journal

Appellate Division Correctly Rejected 'Cosmic Rationales' to Denying Eviction

We think the tenant's position was an untenable “stretch” and the Appellate Division got it absolutely right. The tenant was correctly evicted.

By Law Journal Editorial Board

3 minute read

November 23, 2018 | New Jersey Law Journal

Constitution Requires That Whitaker Be Replaced

The Constitution, it seems to us, provides the answer. The continued service of Whitaker will create issues with regard to the legitimacy and validity of any actions he takes. The position should be filled by the deputy attorney general or other available Senate-confirmed officer.

By Law Journal Editorial Board

3 minute read

November 23, 2018 | New Jersey Law Journal

U.S. Litigators, Beware the GDPR Issue in Discovery

At a minimum, the lesson to be learned is to raise the issue early in litigation.

By Law Journal Editorial Board

4 minute read