February 14, 2001 | Law.com
No Discrimination Cause of Action for Breast Cancer Patient in RemissionIn a decision that plaintiffs' employment lawyers say hampers the Law Against Discrimination, a New Jersey trial judge dismissed a suit by a college professor who claims she was not promoted because of her breast cancer and mastectomy. Plaintiffs' attorneys say the ruling removes cancer victims from LAD's protection so long as the cancer goes into remission.
By Randall J. Peach
6 minute read
November 21, 2000 | Law.com
U.S. Courts Ask, Does the Internet Make Court Records Too Public?The Internet, which has made court records more public than ever, could lead to a more restrictive definition of which records are "public." The Administrative Office of the U.S. Courts is seeking comment about whether to limit access to sensitive information in court files, such as litigants' medical records, employment files or other financial information.
By Randall J. Peach
5 minute read
August 28, 2000 | Law.com
Dot-com's Host Server in N.J. Isn't a Foothold for JurisdictionA federal judge ruled a California-based company's maintenance of a Web site through a host server in New Jersey was not by itself sufficient to subject the company to suit in New Jersey. "It is unreasonable that by utilizing a New Jersey server, defendants should have foreseen being hauled into a New Jersey federal court," U.S. District Judge Nicholas Politan ruled.
By Randall J. Peach
4 minute read
September 25, 2000 | Law.com
Denial of Lesbian Name-Change Appealed by Civil Liberties GroupOrdinarily, an application for a name change is not on the cutting edge of civil rights law. But a New Jersey judge's denial of a lesbian's petition to take her same-sex partner's name has the ACLU gearing up for a constitutional challenge. At issue is whether a name may be changed to reflect a same-sex relationship when New Jersey does not recognize marriages between same-sex partners.
By Randall J. Peach
3 minute read
April 05, 2002 | New Jersey Law Journal
Don`t Worry About a Revived Public AdvocateConservatives and liberals worry, for different reasons, about the revival of the public advocate. That`s unnecessary because state judges tend to view public-interest suits as unwelcome aberrations from their usual docket of cases.
By Randall J. Peach
6 minute read
May 25, 2001 | Law.com
New Jersey Panel Wants Mitigating Factors Heard in Discipline for Student Loan DefaultThe New Jersey Supreme Court committee charged with drafting a new disciplinary rule for lawyers who don't repay their student loans recommended that lawyers be allowed to present mitigating factors to avoid suspension. The proposal would treat lawyers differently from other professionals -- such as doctors or engineers -- who face automatic suspension of licenses if they fail to repay a student loan.
By Randall J. Peach
4 minute read
June 19, 2001 | Law.com
Rising Incidence of Men Suing Men for Workplace Sex BiasMore and more men are claiming to be victims of sexual harassment in the workplace -- usually by other men. In the past, the conduct now being complained of by men would have been dismissed as harmless "locker-room" antics, say lawyers. But now, a man's sexual harassment claim may result in a lawsuit more often than a woman's claim, since companies may be slower to recognize a problem involving a male victim.
By Randall J. Peach
6 minute read
February 01, 2008 | New Jersey Law Journal
Make All Workplace Slurs Actionable?The plaintiffs' employment bar has become incensed over the dismissal of a case involving an anti-Semitic slur. Workers' advocates are not only asking the state Supreme Court to reverse the Appellate Division's decision in Cutler v. Dorn, but are proposing a bill that would fundamentally rewrite our Law Against Discrimination by making virtually any offensive conduct the basis for a lawsuit.
By Randall J. Peach
5 minute read
January 10, 2001 | Law.com
The Unelected SupergovernorWhen New Jersey Gov. Christine Todd Whitman resigns her office to be considered for the top slot at the Environmental Protection Agency, Donald DiFrancesco will become the acting governor, but keep his job as state Senate president. The state constitution allows this breach in the wall between the executive and legislative branches. The question is whether this violates the notion that power should be separated.
By Randall J. Peach
8 minute read
January 23, 2001 | Law.com
Post-Accident Statement to Insurer Not Privileged, N.J. Appeals Court SaysIn auto accident cases, defense lawyers typically won't provide discovery on the most contemporaneous account of what happened: the statement the defendant gives to his or her insurer after an accident. But now, a New Jersey appeals court says that as long as the statements are not taken at the direction of an attorney, they are not protected by attorney-client privilege, and are discoverable.
By Randall J. Peach
5 minute read
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