New Jersey Law Journal | Commentary
By Elliot D. Ostrove and Jordan B. Cohen | January 31, 2023
As 2022 ended, it took much of the uncertainty surrounding how a New Jersey court should address a forum selection clause when faced with a claim that the contract, as a whole, was obtained through fraud.
The Legal Intelligencer | News
By Riley Brennan | January 31, 2023
When you can and cannot send a fax was recently considered by the U.S. Court of Appeals for the Third Circuit, which ultimately concluded that the Federal Communications Commission's "free-seminar pretext theory" is inapplicable to claims brought under the Telephone Consumer Protection Act of 1991.
The Legal Intelligencer | Commentary
By Howard J. Bashman | January 30, 2023
"The rule is paternalistic because it seems to envision a scenario where some male attorney is toiling away in the office, and his evil bosses are conspiring to make him work until midnight, depriving him of the ability to be home in time for dinner with his wife and children," appellate attorney Howard Bashman writes.
New Jersey Law Journal | Commentary
By Law Journal Editorial Board | January 29, 2023
If the court systems believe it is a waste of time, someone should articulate that. If it's a flaw in the process, say so. But please don't let this practice disappear without an argument, an oral argument.
New Jersey Law Journal | Commentary
By Law Journal Editorial Board | January 29, 2023
We applaud the Third Circuit for these amendments.
By Avalon Zoppo | January 27, 2023
Mark Lanier, founder of the Texas-based Lanier Law Firm, said the change could weaken a lawyer's strategy in some situations.
New Jersey Law Journal | Commentary
By Diana M. Eng, Andrea M. Roberts and Alina Levi | January 3, 2023
In a 5-4 decision authored by Justice Brett Kavanaugh, the Supreme Court unequivocally rejected "the proposition that 'a plaintiff automatically satisfies the injury-in-fact requirement whenever a statute grants a person a statutory right and purports to authorize that person to sue to vindicate that right,'" 141 S. Ct. at 2205 (quoting 'Spokeo', 578 U.S. at 341).
By Colleen Murphy | December 29, 2022
"In other words, bad faith is not required, but a court in its discretion may look for 'indicia of bad faith,' as one factor in deciding whether to remand," Judge Patty Shwartz said. "Accordingly, we cannot conclude that the district court's statements, reflecting reality, were in error."
By Charles Toutant | December 28, 2022
New Jersey's request for documents from Smith & Wesson is being closely watched.
New Jersey Law Journal | Analysis
By Jonathan Bick | December 27, 2022
Internet server information constitutes a basis for intentional availment and in turn Internet personal jurisdiction.
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