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Rule of Law.

Category: Top Stories

NJ Senate Labor Committee Advances Ban on Arbitration Agreements in All Employment Contracts
March 9, 2018

This week the New Jersey Senate Labor Committee voted to release legislation that would make New Jersey the only state in the country to ban arbitration agreements in all employment contracts.

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Legal Reform Can Help Rev Up New Jersey’s Economic Engine
March 9, 2018

Gov. Phil Murphy has issued an executive order creating a new Jobs and Economic Opportunity Council tasked with providing the Governor actionable advice on how to improve the state’s economy and create more jobs. We are encouraging the Council to include legal reform in its recommendations since our state’s current legal climate is hindering economic growth.

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NJCJI Files Brief on the Importance of Judicial Gatekeeping
February 23, 2018

Judicial gatekeeping on expert testimony is often discussed as a concern about junk science – with an implication that anything not plainly lacking in scientific basis is a mere question of persuasiveness that should therefore go to the jury. The New Jersey Appellate Division recently took that concept to its extreme conclusion, holding that whenever a well-credentialed expert relies on some sort of scientific data and can offer an explanation for his conclusions, that testimony must be admitted, no matter the methodological flaws. Those flaws go merely to the strength of the testimony, the panel determined, and weaknesses can be exposed on cross examination and countered by other experts. As a result, the trial judge’s studied judgment to bar flawed expert testimony in the ongoing In re Accutane Litigation was reversed.

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A Fraud On Us All
February 16, 2018

In her Inquirer article on the Consumer Fraud Act-based Super Bowl ticket lawsuit, author Jan Hefler optimistically asserts, “A ruling in the fan’s favor could also lead to lower ticket prices the next time the Super Bowl is held at MetLife Stadium in East Rutherford, N.J.” That the court recently ruled in the fan’s favor is true. Whether it will lead to lower ticket prices in the future is a more complicated question.

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Report Offers Insight Into Murphy’s Legal Agenda
February 2, 2018

Gov. Murphy ran on a progressive, social-justice-orientated agenda, but as is the trend right now, offered few details on specific policy proposals. Until we hear Murphy’s budget address, and see his proposed budget, much of his agenda remains a mystery. However, we are getting some clues about what his legal policy plans are based on the Law & Justice report from his transition committee.

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Is Your Child Texting About Lawsuit Abuse?
February 2, 2018

Thanks to their obsession with texting, today’s youth have developed a language all their own. Most of it is innocent, but you should familiarize yourself with common slang that suggests they are getting sucked into dark conversations about lawsuit abuse.

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Employment Issues Dominating the Agenda
January 19, 2018

Both equal pay and wage theft are hot topics in the new legislation session and top priorities of Gov. Murphy’s administration, and we are pleased to see initial efforts being framed in a thoughtful way that advances core objectives without generating unnecessary litigation.

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New Jersey Shuts the Door on Corrupt Foreign Judgments
January 16, 2018

Businesses need no longer fear that adverse judgments issued by corrupt courts in foreign jurisdictions will be honored in New Jersey. As one of his last official acts as Governor, Chris Christie signed into law A2977. The law will discourage forum-shopping and protect the substantive and procedural rights of businesses that have invested in the United States.

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New Year, New Legislative Session, New Governor
January 12, 2018

On Tuesday, January 9th, the 218th Legislative Session was opened for the transaction of business. Next Tuesday, the 16th, Gov.-elect Phil Murphy and Lt. Gov.-elect Shelia Oliver will be sworn in. The following is a snapshot of what we know about the changes that come along with a new session and executive.

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Gov. Christie Vetoes Wage Theft Bill
January 12, 2018

Gov. Christie may be on his way out the door, but he is still paying close attention to the legislation coming across his desk. This week he conditionally vetoed a wage theft bill that would have exposed employers in the state to significant liability for the good-faith use of independent contractors.

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