March 05, 2018 | New Jersey Law Journal
Apply Contingency Fee Cap More BroadlyThe court's decision in A.W. v Mount Holly Bd. Of Ed. is an important reaffirmation that the bargaining power between lawyer and client is often uneven, and as a consequence the fee charged is always subject to a review for reasonableness regardless of the terms of the negotiated fee agreement.
By Law Journal Editorial Board
7 minute read
February 26, 2018 | New Jersey Law Journal
In Praise of the Digital Fiduciary LawNow, access for fiduciaries should be part of all estate planning discussions and documents.
By Law Journal Editorial Board
2 minute read
February 26, 2018 | New Jersey Law Journal
FAA Looms Large in Employee-Protection MeasuresThis is a fraught effort. It is difficult to discern ways to avoid FAA preemption in the employment context. Two less problematic employee-protective scenarios exist, though.
By Law Journal Editorial Board
3 minute read
February 26, 2018 | New Jersey Law Journal
Raise Judicial PayAccording to the chief justice, contributions to the judicial retirement system increased from 3 percent to 12 percent over the last seven years, and health benefits costs increased “fourfold” to 35 percent over the same period.
By Law Journal Editorial Board
2 minute read
February 26, 2018 | New Jersey Law Journal
On Judges, Return to TraditionThe independence of the judiciary, shaken but not destroyed under Gov. Christie, is important to everyone who needs the governmental services provided by our courts.
By Law Journal Editorial Board
2 minute read
February 19, 2018 | New Jersey Law Journal
Restore Voting RightsVoting rights should be restored to individuals convicted of crimes who are no longer incarcerated.
By Law Journal Editorial Board
4 minute read
February 19, 2018 | New Jersey Law Journal
Malpractice Insurance Status Should Be Disclosed to ClientsThe Supreme Court's committee has reached the right result in solving this difficult problem of weighing client interest with the interest of attorneys in terms of fairness and practicality. We would, however, offer one caveat to the committee's recommendation.
By Law Journal Editorial Board
4 minute read
February 12, 2018 | New Jersey Law Journal
A Reminder From Hollywood: Protect the PressThe real heroes are the six justices of the United States Supreme Court who ruled in New York Times Co. v. United States and United States v. Washington Post Co.
By Law Journal Editorial Board
3 minute read
February 12, 2018 | New Jersey Law Journal
New Take Needed on Tort Claims Act's 'Extraordinary Circumstances' ExceptionWe believe that the Supreme Court should take the opportunity to address anew the meaning of “extraordinary circumstances” as used in the Tort Claims Act.
By Law Journal Editorial Board
5 minute read
February 05, 2018 | New Jersey Law Journal
'Spokeo' is Done, But Article III Guidance Still NeededWe hope that the Supreme Court grants certiorari to develop and clarify the “concrete and particularized” pleading requirements of Article III standing as soon as another case with a similar issue is before the court.
By Law Journal Editorial Board
3 minute read
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