Fairness. Justice.
Rule of Law.
RISA Applies to Service Contracts
June 5, 2020The New Jersey Supreme Court decision in Henry Sanchez v. Fitness Factory Edgewater, LLC, has clarified the application of the Retail Installment Sales Act (RISA). The Court reversed the Appellate Division panel below, which had found that “to fall within RISA’s purview, a contract for the sale of goods or services must involve financing. The decision also More »
Read More »NJ Supreme Court Expands Liability for Asbestos
June 5, 2020The New Jersey Supreme Court extended the scope of liability for asbestos this week, in the case of Whelan v. Armstrong International, Inc. It was another step in the ongoing search for solvent defendants with capacity to pay for asbestos-related injuries, now including manufacturers who concededly had not manufactured the asbestos causing plaintiff’s injury. The More »
Read More »Appellate division disappointment on class certification
May 29, 2020There was a disappointing unpublished decision out of the appellate division this week in Sutton v. Hoffman LaRoche, Inc., the City of Clifton, the Township of Nutley, and Deluxe Corporation. The appellate division panel of Judges Fisher, Accurso and Gilson upheld the trial judge’s class certification order, which granted certification of a class of all More »
Read More »Does the Independent Contractor Issue Have Legs?
May 15, 2020There was an interesting special election this week in California’s 25th congressional district. Suburban California congressional races don’t normally merit attention in New Jersey, but this contest featured a fight over classification for independent contractors. The Cook Political Report rates it as a swing district, but Hillary Clinton carried the district by 7 points in More »
Read More »Workers’ Comp Legislation Out of Senate
May 15, 2020Legislation to make “essential employees” who develop COVID-19 presumptively eligible for workers’ compensation was voted out of the Senate Labor Committee on Tuesday, May 12th and then out of the Senate on Thursday, May 14. The vote was 27-11, with two Republicans voting for it. Advocates for S2380 argued that the legislation was needed to More »
Read More »Nice work NJDOL: Updated process helps independent contractor file claims for assistance
May 1, 2020NJCJI has been leading an effort to defend the freedom of entrepreneurs, and through that process, we have had our disagreements with the New Jersey Department of Labor on the interpretation and application of the relevant standards for worker classification. But credit where it is due – we want to commend Commissioner Robert Asaro-Angelo on More »
Read More »More Corona Legislation This Week
April 17, 2020The New Jersey legislature moved another package of bills on an emergency basis this week. No committee hearings – just posted for a floor vote and to the Governor’s desk. All legislation that arrived on the Governor’s desk was voted out unanimously. However, some of the more controversial bills were pulled from the Assembly board More »
Read More »Executive Order 123: Extending Insurance Premium Grace Periods
April 10, 2020Governor Murphy’s Executive Order 123 has mandated a 90-day “grace period” on all property and casualty insurance, life insurance, as well as insurance premium financing. It also requires a 60-day grace period for all health insurance and dental insurance. The order notes that these grace periods might be extended “still further as necessary to protect the interests More »
Read More »“Abnormally dangerous” at the Appellate Division
April 10, 2020A New Jersey Appellate Division panel has expanded the availability of common law strict liability damages, in a decision likely to complicate dismissal of claims that go beyond statutory remedies for Natural Resource Damages actions. The litigation was brought by the New Jersey Department of Environmental Protection against Hess Corp, and its successor in interest More »
Read More »Strong Class Certification Decision from NJ Appellate Division
March 6, 2020The New Jersey Appellate Division has issued a strong published decision in the case of Ellen Baskin v. P.C. Richard & Son, LLC. The opinion by Judge Firko, sitting with Judges Yannotti and Hoffman, clarified and strengthened “superiority” and “predominance” requirements for class certification – affirming the trial court’s order finding plaintiffs had failed to More »
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