Appellate Advocacy and the Role of Amici at the New Jersey Supreme Court
NJCJI’s Spring Luncheon
Fairness. Justice.
Rule of Law.
All posts by NJCJI
Wage & Hour Coalition
A2903 Memo – Interested Parties
3/7/19 – NJCJI Legislative Testimonies
A4972 – Arbitration Restrictions – NJCJI Testimony
A1215 – Forum Selection – NJCJI Testimony
S477 – Statute of Limitations – NJCJI Testimony
Trojan Horse Arrives at the Governor’s Desk
NJCJI President and Chief Counsel Alida Kass penned an Op-Ed for ROI-NJ on non-disclosure agreement legislation. Read More Here
Letter to NJ Senators
A letter shared this week from Senate Judiciary Chairman Chuck Grassley indicates that New Jersey’s senators, Senators Menendez and Booker, have not met with the Third Circuit judicial nominee, Paul Matey, and have not returned the “blue slips” – a courtesy which has historically been extended to home state senators of proposed nominees, to ensure they are consulted prior to a nomination. See the Letter to NJ Senators here.
Welcome Tara!
Welcome Tara!
The New Jersey Civil Justice Institute is pleased to introduce Tara McCreedy, who has joined the organization as the new Executive Assistant. Tara earned her Bachelor of Science degree in Health and Exercise Science from The College of New Jersey. She started her career as a Health, Driver’s Education, and Physical Education teacher in the Alexandria and Lawrence School Districts, respectively. While at Alexandria, Tara served as Field Hockey, Basketball, and Softball Coach while also leading the Peer Leadership program and the Think Tank Committee with the school’s administration. While at Lawrence, Tara served as Head Varsity Softball coach, earning the school’s first ever Central Jersey Group III Championship. Tara left the education field to pursue other ventures, trying her hand at Recruitment and Account Management before settling in as an Office Manager for a local Commercial Heating, Ventilation, Air Conditioning, and Refrigeration company. Tara prides herself on her level of professionalism, attention to detail, and organization and hopes to make a lasting impact on the Institute. She resides in Chesterfield with her husband and two young sons.
Decision from New Jersey Supreme Court on Accutane Appeal
We had more good news coming out of the New Jersey Supreme Court this morning in the other Accutane appeal that was heard earlier this year. Today’s decision addressed the applicability of New Jersey’s Product Liability (PLA) to Accutane claims consolidated in MCL in Atlantic County, and the adequacy of Roche’s warning label under the PLA.
The Court held that New Jersey has the most significant interest with respect to the MCL cases and the PLA therefore applies to all cases consolidated in the MCL: “New Jersey’s interest in consistent, fair, and reliable outcomes cannot be achieved by applying a diverse quilt of laws to so many cases that share common issues of fact.” This is a reasonable rule that enhances predictability for litigation brought by out-of-state plaintiffs against New Jersey-based businesses.
We are also pleased to see the Court affirm the strength of the PLA adequacy of warning, which requires a heightened standard of “clear and convincing” evidence that a label warning is inadequate, and find that Roche’s warnings were adequate as a matter of law.
Today’s decision affirms the primacy of the federal regulatory process in adequacy of warnings, and ensures that our state’s pharmaceutical companies will continue to enjoy the protection of the PLA from unmeritorious product-liability litigation from out-of-state residents.
This is yet another New Jersey Supreme Court decision to uphold Superior Court Judge Nelson Johnson’s analysis in the ongoing Accutane litigation. Earlier this year, Judge Johnson’s careful scrutiny of flawed expert testimony was ultimately vindicated in a decision that formally aligned New Jersey’s standard with the federal Daubert standard, consistent with repeated arguments by NJCJI.
New Legislative Efforts to Chip Away at Arbitration Rights
New legislation introduced this week by Senator Theresa Ruiz is yet another attempt to limit the enforceability of arbitration agreements. Continue reading
Save the Date!
Mark your calendars and plan to join us on October 9th for our annual Fall Legal Reform Conference, featuring New Jersey Labor Commissioner Robert Asaro-Angelo as our keynote speaker. This year’s event will be held at PriceWaterHouseCoopers Campus in Florham Park from 8:30AM-1:00PM.
NJCI is pleased to announce New Jersey Labor Commissioner Robert Asaro-Angelo will be the keynote speaker for our Fall Policy Forum on Tuesday, October 9th!
Asaro-Angel will offer the Murphy Administration’s perspective on new and proposed employment-related issues currently pending in Trenton, including newly-enacted paid sick leave and equal pay laws, standards for independent contractors, non-compete agreements, and severance packages.
Robert Asaro-Angelo was nominated by Governor Phil Murphy to serve as the Commissioner of the NJ Department of Labor and Workforce Development in January 2018. As Commissioner, Asaro-Angelo oversees the state’s diverse services to New Jersey workers, including the state’s workforce programs, wage and hour compliance, unemployment insurance program, workers’ compensation, temporary disability insurance, and family leave insurance, among other duties.
Two panels of experts will address the following important topics:
New Laws, New Challenges for Employers
Our panel of experts will discuss the implications of the new Paid Sick Leave and Pay Equity laws, plus pending efforts to restrict the use of independent contractors, non-compete agreements and even employee severance packages.
Sal Simao, of Ford Harrison, focuses his practice on the representation of companies in employment law matters with a specialization in wage and hour litigation and compliance.
Chris Farella of Epstein Becker, focuses on employment litigation and arbitration, representing entities ranging from small entrepreneurs to large multinational corporations.
Carianne Torrissi of Goldberg Segalla, focuses her practice on employment and labor dispute defense with significant practical experience defending businesses large and small, on matters involving discrimination and wrongful termination.
The Fight for Arbitration
An expert panel will discuss what is at stake in the fight for arbitration, and what can be done to make the state safe for faster, more efficient dispute resolution.
Archis Parasharami of Mayer Brown is one of the nation’s leading lawyers in drafting and defending the enforceability of arbitration agreements. Archis has been involved in many of the most significant U.S. Supreme Court arbitration decisions, from the landmark AT&T Mobility LLC v. Concepcion to last year’s Kindred Nursing Centers LP v. Clark.
Gavin Rooney of Lowenstein Sandler specializes in complex litigation defense, with a significant practice defending arbitration and class actions. Gavin also has represented NJCJI in numerous successful appearances before New Jersey’s Appellate and Supreme Courts.
Jason Johnston, of the University of Virginia School of Law, focuses on the efficiency and effectiveness of dispute resolution mechanisms. He has done significant work evaluating the effectiveness of arbitration as a means of providing compensation to injured parties, as well as the deterrent effect of class action litigation.
We hope that you will join us Tuesday, October 9th, from 8:30AM to 1PM at PriceWaterHouseCoopers Campus in Florham Park for this informative event. The cost to attend, which includes lunch, program materials, and CLE credits for attorneys, is $50 and free of charge for NJCJI members. Register Today!
Click here to register now. Or email us for assistance.