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New Jersey Law Journal

A Look at Modern Use of the Guardian Ad Litem

Given the confusion and lack of clear understanding surrounding guardian ad litem appointments, this article explores the nuances of the role of the GAL in the context of contested custody cases and litigation.
8 minute read

New Jersey Law Journal

What You Need to Know About Out-of-District Placements

Every child with a disability between the ages of 3 and 21 is entitled to free and appropriate public education in the least restrictive environment. This article explores when an out-of-district placement is needed, and how to best advocate for the appropriate placement.
9 minute read

New Jersey Law Journal

50-50 Parenting Time: Should It Be the Law?

There has been a dramatic increase in courts awarding fathers more parenting time than historically allocated to them. The debate over shared parenting, and whether or not a presumption of same is appropriate, is a hot-button issue to watch for in 2022 and beyond.
8 minute read

New Jersey Law Journal

The Not-So 'New' Alimony Statute: Retroactivity Questions Remain Unanswered

The "new" alimony statute is more than seven years old, yet it still leaves unanswered questions. This article is focused on N.J.S.A. 2A:34-23(k), which permits a non-self-employed spouse to seek a modification of alimony, and whether subsection (k) can be applied retroactively.
9 minute read

New Jersey Law Journal

PRODUCT LIABILITY and CLASS ACTION

Third Circuit's Guidance on 'Issue Class' Takes a Holistic View on Rule 23 Requirements. Proposed Amendments to FRE 702: The Court as Gatekeeper to Expert Testimony. Third Circuit to Revisit Administrative Feasibility Prong of Heightened Ascertainability Requirement. Testimony of Witnesses In-State and Out-of-State: Issues to Consider Under NJ Law.
2 minute read

New Jersey Law Journal

Testimony of Witnesses In-State and Out-of-State: Issues to Consider Under NJ Law

This article focuses on interactions with current and former company employees under New Jersey law, with attention to implications for out-of-state witnesses involved in New Jersey litigation, and witnesses involved in litigation outside of the state who reside in New Jersey.
15 minute read

New Jersey Law Journal

Third Circuit to Revisit Administrative Feasibility Prong of Heightened Ascertainability Requirement

The Circuit will once again address its strict ascertainability requirement for class certification in the case 'In re Niaspan Antitrust Litigation.' This appeal represents the first ascertainability case in the Third Circuit that focuses on the pharmaceutical industry and the ability to identify, through expert testimony, who paid for prescription drugs.
9 minute read

New Jersey Law Journal

Proposed Amendments to FRE 702: The Court as Gatekeeper to Expert Testimony

The Advisory Committee on Civil Rules of the Federal Judicial Conference, recently approved two important amendments to Rule 702 of the Federal Rules of Evidence concerning expert witness testimony. The proposed amendments are a step in the right direction to a more consistent application of Rule 702.
8 minute read

New Jersey Law Journal

Third Circuit's Guidance on 'Issue Class' Takes a Holistic View on Rule 23 Requirements

The court's recent decision in 'Russell v. Educ. Comm'n for Foreign Med. Graduates' confirms that even an 'issue class' cannot be certified without assuring that all the requirements of Rule 23 have been met.
8 minute read

New Jersey Law Journal

CYBERSECURITY

In this special Cybersecurity supplement, read about vendor risk management, Zero Trust security, preventing internet site legal identity theft, and legislating the use of biometric data.
2 minute read

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