New Jersey Law Journal | Commentary
By Law Journal Editorial Board | August 6, 2023
For lawyers, the death of Lt. Gov. Oliver underscores the provisions of our comprehensive state Constitution.
New Jersey Law Journal | Commentary
By Law Journal Editorial Board | August 6, 2023
The New Jersey Supreme Court is usually a groundbreaker for initiatives and reforms. The 40-year-old Wilson rule is not one of those instances.
New Jersey Law Journal | Commentary
By Louis Locascio | August 4, 2023
Just over one year ago, after the trial courts, in three cases consolidated on appeal, denied plaintiffs' requests to have a third party accompany them during a defense medical examination (DME), the Appellate Division set forth six guidelines for third parties attending and recording DMEs.
New Jersey Law Journal | Commentary
By Nelson C. Johnson | August 3, 2023
The subject is theft. Chief Justice Robert Wilentz and a unanimous Supreme Court got it right in 'In Re Wilson' when they stated, "There is nothing clearer to the public, however, than stealing a client's money, and nothing worse." There is no need to revisit this issue.
New Jersey Law Journal | Commentary
By Mike Mullen and Matthew G. Miller | August 2, 2023
Federal courts, when evaluating cases pertaining to businesses that operate within the cannabis industry, must grapple with what is known as the "illegality doctrine." This doctrine states that courts will not assist a party in recovering "fruits of a crime," and thus cannabis owners in violation of the Controlled Substances Act (CSA) may be denied redress in federal courts.
New Jersey Law Journal | Commentary
By Edward W. Purcell | August 1, 2023
With respect to the "effective prohibition" standard, the court held that Verizon had proven that there was a "significant gap" in its coverage, and that the proposed monopole would fill that gap.
New Jersey Law Journal | Commentary
By Jonathan Bick | July 31, 2023
While the use of AI for writing may enhance creative analysis and identification of persuasive precedents, such use may also violate legal ethics rules, including the duty of competence, the duty of confidentiality and assisting in the unauthorized practice of law.
New Jersey Law Journal | Commentary
By Law Journal Editorial Board | July 30, 2023
We find the '303 Creative' majority's broad-brush discussion troubling.
New Jersey Law Journal | Commentary
By Law Journal Editorial Board | July 30, 2023
It is long past time when the governor should complete the nominating process and call the Senate into special session to complete confirmation.
New Jersey Law Journal | Commentary
By Brian Peykar | July 28, 2023
The purpose of the PREPARE Act is to bring together experts in the field to provide a framework for lawmakers to establish a federal regulatory system which would seek to address many issues surrounding cannabis including providing terms to access the banking system which is of critical importance.
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