Law Journal Editorial Board

August 29, 2017 | New Jersey Law Journal

When told that President Trump was seriously considering issuing a pardon, former Maricopa County Sheriff Joe Arpaio, who is due to be sentenced for criminal contempt of court for ignoring a judge's order to stop detaining people he suspected of being undocumented immigrants, is reported to have said "I would accept the pardon because I am 100 percent not guilty."

By Law Journal Editorial Board

3 minute read

August 29, 2017 | New Jersey Law Journal

Recognizing a "special justification," the New Jersey Supreme Court abandoned the Baures standard for deciding contested relocation disputes and acknowledged such "special justification" is found "where experience teaches that a rule of law has not achieved its intended result."

By Law Journal Editorial Board

4 minute read

August 18, 2017 | New Jersey Law Journal

With the Tam case, the Supreme Court has added another decision to our lexicon of strong First Amendment cases by reiterating in a new and different context that viewpoint or content-based discrimination will not be tolerated.

By Law Journal Editorial Board

7 minute read

August 11, 2017 | New Jersey Law Journal

A recent unpublished Appellate Division decision, National Loan Acquisitions v. Bridgeton Municipal Port Authority, has important consequences for the credit of New Jersey's municipalities and should therefore, we think, be approved for publication.

By Law Journal Editorial Board

5 minute read

August 11, 2017 | New Jersey Law Journal

The New Jersey Supreme Court recently held that the notice requirements of the Tort Claims Act apply to cross-claims and third party claims, and forged a practical and equitable solution to situations in which a defendant loses the right to seek contribution due to the plaintiff's delay. We think the opinion is not only correct, but also well reasoned and provides excellent guidance.

By Law Journal Editorial Board

10 minute read

August 07, 2017 | New Jersey Law Journal

At a time of often bitter and hostile public discord concerning police shootings, our court's ruling was sage, both as a matter of law and public policy.

By Law Journal Editorial Board

13 minute read

July 31, 2017 | New Jersey Law Journal

No longer will there be doubt about the requirement that disgorgement actions be brought within the statutory limitations period.

By Law Journal Editorial Board

4 minute read

July 31, 2017 | New Jersey Law Journal

Faced with public pressure regarding perceived abuses in pre-dispute arbitration agreements with consumers, the Dodd-Frank financial reforms of July 2010 included two specific measures intended to address those concerns. First, the act prohibited mandatory pre-dispute arbitration clauses in residential mortgages. Second, it required the Consumer Financial Protection Bureau established by the Act (CFPB) to study pre-dispute arbitration agreements in consumer financial documents subject to the bureau's jurisdiction and, upon completion of the study, to issue regulations restricting or prohibiting the use of such agreements if in the public interest and for the benefit of consumers.

By Law Journal Editorial Board

3 minute read

July 31, 2017 | New Jersey Law Journal

Innovation is not simply a matter of technology. Shutting down competitive models that do not comport with appropriate rules is appropriate, but does not solve the more fundamental problem that spawned these alternative models in the first place.

By Law Journal Editorial Board

5 minute read

July 21, 2017 | New Jersey Law Journal

The unbroken string of circuit decisions, now including New Jersey, recognizes the First Amendment right to record official police activity. We believe that all concerned, citizens and police, will benefit from a more complete factual record.

By Law Journal Editorial Board

6 minute read