Fairness. Justice.
Rule of Law.
U.S. Supreme Court Upholds Arbitration, Again
June 19, 2020A familiar case will soon be back at the U.S. Supreme Court. The Court has agreed to hear another arbitration case in the coming term: Henry Schein, Inc. v. Archer and White Sales. If the name sounds familiar, it’s because this is the second trip to the U.S. Supreme Court for these litigants. You will More »
Read More »“Right to Refuse Work” Guidance Released by NJDOL
June 12, 2020The New Jersey Department of Labor released new guidance on employees who quit their jobs or refuse to return to work out of fear that their working conditions are “unsafe, unhealthful, or dangerous.” Existing case law limits the availability of UI when an employee quits his or her job. The working conditions must have been More »
Read More »New Jersey Re-Opening
June 12, 2020Governor Phil Murphy announced changes to the stay-at-home order this week, loosening restrictions on indoor and outdoor gatherings. Executive Order 152 permits indoor gatherings of up to 50 people or 25% of building capacity, provided people wear masks and stand six feet apart. Outdoor gatherings are also permitted with up to 100 people. The governor More »
Read More »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 »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 »
Read More »What exactly is the problem with S863?
February 21, 2020Do you understand what S863 would do? Have legislators tried to reassure you that the legislation would just “codify existing regulations”? Suggested that anyone with a problem under S863 is already out of compliance with the law? You are right to be concerned. The proposed legislation would codify a disputed agency Interpretation of the existing More »
Read More »Independent Contractors: The Problems with Exiting Law and How S863 makes it…Worse.
February 12, 2020The Lame Duck session ended without legislation targeting independent contractors arriving on the governor’s desk. However, the legislation has been reintroduced in the same form as it was when released from its second Senate Labor Committee meeting, now as S863. The independent contractor coalition has been working towards a legislative solution that would clarify and More »
Read More »War on Independent Contractors: UPDATE
November 22, 2019As you know, Senate Bill 4204, legislation that effectively prohibits the use of independent contractors in New Jersey, was released from the Senate Labor committee last Thursday, November 14th. The legislation was released with a few modest amendments, exempting accountants, as well as realtors and insurance agents, with caveats. On Monday, November 18th, the legislation More »
Read More »Independent Contractors
November 15, 2019Update on S4204 Independent Contractor Legislation: Yesterday the Senate Labor Committee released Senate Bill 4204, legislation that effectively prohibits the use of independent contractors in New Jersey. The bill is sponsored by Senate President Steve Sweeney. NJCJI testified against the legislation, arguing that the independent contractor model not only serves an important economic function, it More »
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