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Legislators Need to Hear from NJ Businesses if Liability Protection is to be Enacted
December 3, 2020With COVID-19 cases spiking again the potential for additional restrictions on economic activity are a known concern for every employer in the state. Another issue for employers, and one that they might not be aware of, is potential liability for someone contracting, or alleging they contracted, COVID-19 at their place of business. Earlier this year, More »
Read More »Third Circuit Reiterates Product Liability Act Bars Some CFA Claims
December 3, 2020In a recent published opinion, the Third Circuit (echoing a July 29, 2020 opinion from the New Jersey Supreme Court) held that some claims brought under the New Jersey Consumer Fraud Act are subsumed by the New Jersey Products Liability Act, while others are not. NJCJI previously reported on this issue and hosted a webinar with More »
Read More »NJCJI Argument before NJ Supreme Court – Attorney Keyword Advertising
November 19, 2020Last week we wrote about NJCJI’s appearance before the New Jersey Supreme Court, at the Court’s request, on the issue of attorney keyword advertising. Shalom Stone, Stone Conroy, represented NJCJI. Click here for a video of the argument. The matter is In re Opinion No. 735 of the Supreme Court Advisory Committee on Professional Ethics, More »
Read More »New Jersey Courts Reject Business Interruption Coverage
November 13, 2020Two recent trial court rulings in New Jersey, one federal and one state, have rejected business interruption insurance coverage for New Jersey businesses that were forced to close during the COVID-19 pandemic. N&S Restaurant LLC v. Cumberland Mut. Fire Ins. Co. and Mac Property Group LLC v. Selective Fire and Cas. Ins. Co.; Both courts More »
Read More »New Jersey’s Old “New Business” Rule Survives Yet Another Challenge
November 13, 2020A recent unpublished Appellate Division decision upheld the longstanding “new business” rule which bars new businesses from claiming lost profits. Schwartz v. Menas Under the new business rule, “prospective profits of a new business are considered too remote and speculative to meet the legal standard of reasonable certainty.” Over the past 80-plus years, most states More »
Read More »NJCJI Addresses Regulation of Keyword Advertising
November 13, 2020The New Jersey Supreme Court heard arguments on November 10 about whether certain keyword advertising by attorneys should be prohibited. In re Supreme Court Advisory Committee on Professional Ethics Opinion No. 735; At the invitation of the Court, NJCJI filed a brief and argued the issue as a friend of the court. Like other businesses, More »
Read More »Third Circuit Holds that Federal Challenge to Worker Classification is Subject to Younger Abstention
November 5, 2020A recent published opinion from the Third Circuit holds an important lesson for businesses contemplating a federal court challenge to an employee classification dispute with the State of New Jersey: file the federal court complaint before the classification dispute becomes a state administrative proceeding. The New Jersey Department of Labor (DOL) audited PDX, a shipping More »
Read More »Appellate Division Rules Minors Bound by Arbitration
October 29, 2020In a recent unpublished opinion, the New Jersey Appellate Division held that a minor can be bound by an arbitration agreement. Clare v. ACT, Inc. (N.J. App. Div., October 26, 2020). Plaintiff took the ACT college admissions test several times. A dispute arose concerning Plaintiff’s scores. The trial court invalidated ACT’s arbitration clauses on multiple grounds including More »
Read More »……. But Still No COVID Liability Protection
October 29, 2020On March 9, 2020 Governor Murphy issued Executive Order 103 declaring COVID19 a public health emergency. On March 21, 2020 Governor Murphy issued Executive Order 107 directing all New Jerseyans to stay at home. On June 9, 2020 Governor Murphy issued Executive Order 152 lifting the stay at home order. On June 29, 2020 S2628 More »
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