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Njlawjournal

Njlawjournal

August 01, 2017 | New Jersey Law Journal

BAR REPORT July 31, 2017

CAPITOL REPORT This is a status report provided by the New Jersey State Bar Association on recently passed and pending legislation, regulations, gubernatorial…

By njlawjournal | New Jersey Law Journal |

2 minute read

July 31, 2017 | New Jersey Law Journal

Value to the Holder: A Fiction Whose Time Has Yet to Come

"Value to the holder" is an ill-conceived, unworkable solution waiting to find the appropriate problem. And, that "problem" depends very much on which side you are on.

By Jennifer Haythorn, Lydia Fabbro Keephart and Kalman A. Barson

8 minute read

July 31, 2017 | New Jersey Law Journal

Environmental Cases in the State Supreme Court

A look at two significant environmental law cases, decided in the last term of the N.J. Supreme Court, and three cases of interest on the court's docket for the 2017-2018 term.

By Lewis Goldshore

7 minute read

July 31, 2017 | New Jersey Law Journal

Navigating the Legal Waters of the Unpaid Internship

Amid a continuing wave of lawsuits initiated by unpaid interns against their former employers, companies must pay particular attention to the Fair Labor Standards Act (FLSA), in addition to state and local laws, which may view unpaid interns as "employees."

By Emily J. Bordens

13 minute read

July 31, 2017 | New Jersey Law Journal

Disgorgement is Now Undoubtedly a Penalty

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

New CFPB Rule is Not 'Anti-Arbitration'

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

Doctor Claiming Lost Earning Potential in Accident Settles for $1.4M

A woman involved in a rear-end accident settled her claims for injury and economic loss in Middlesex County for $1.4 million on May 26 in Hoyt v. Milad.

By Maryam Asjad

4 minute read

July 31, 2017 | New Jersey Law Journal

NJ Must Innovate to Solve Access-to-Justice Problem

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 27, 2017 | New Jersey Law Journal

Approved Opinions for the Week of July 31, 2017

46-1-3853 Denise Brown v. State, N.J. Sup. Ct.(LaVecchia, J.) (54 pp.) In light of the context in which these circumstances arose—i.e., the lack…

By njlawjournal | New Jersey Law Journal |

11 minute read

July 27, 2017 | New Jersey Law Journal

Unpublished Opinions for the Week of July 31, 2017

07-2-3825 Jones v. S. Jersey Industries, Inc., N.J. Super. App. Div. (per curiam) (13 pp.) Plaintiff appealed the verdict for defendant employer in his…

By njlawjournal | New Jersey Law Journal |

77 minute read