Right now there are five common sense legal reform bills with bipartisan sponsorship under consideration in the legislature. Several of these bills have been languishing in committee for years without action. Meanwhile, all of us are shouldering the burden of New Jersey’s excessively expensive and inefficient tort liability system through higher prices, lower wages, decreased returns on investments in capital and land, restricted access to health care, and less innovation. It is time for the legislature get serious about legal reform so the citizens and businesses of this state can get some relief. Continue reading
On January 20, the New Jersey Supreme Court heard oral arguments in one of its biggest cases of 2015, Lippman v. Ethicon, Inc. The court will decide if an employee performing activities as part of his or her core job functions, on that basis alone and without further conduct by the employee, can seek whistleblower protection under the Conscientious Employee Protection Act (CEPA) if they are fired.
The day after the case was heard, NJCJI hosted a policy teleforum on the case featuring Adam Saravay, a partner at McCarter & English, who co-authored NJCJI & NJBIA’s joint amicus brief and participated on the organizations’ behalf in the high court’s oral arguments on the case. During the call, Saravay provided an overview of the case and its implications before sharing his insights on how oral arguments in the case went.
On Tuesday, January 13, 2015, Gov. Chris Christie delivered his fifth State of the State Address. One of the main points of the speech was a call for a “New Jersey renewal.” The New Jersey Civil Justice Institute shares this sentiment. Continue reading
David Tykulsker’s recent opinion piece in the Star-Ledger, “N.J. Supreme Court should protect workplace whistleblowers,” paints a very one-sided, doom-and-gloom picture of the soon-to-be-argued employment law case Lippman v. Ethicon, Inc. Whistle-blowing under Conscientious Employee Protection Act (CEPA) has long been understood to mean something different than doing your job if you are tasked with being an in-house watchdog. Efforts by the plaintiff’s bar to upend this area of law to allow for more lawsuits should be dismissed. Continue reading
For many years, New Jersey has been called out in the American Tort Reform Association’s annual Judicial Hellholes report as a litigation hot spot. This year, however, New Jersey is recognized in the report as a jurisdiction where positive things are happening. Continue reading
On Monday, December 8, the Senate Labor Committee held a hearing on the “Healthy Workplaces Act,” which attempts to outlaw workplace bullying, abuse, and harassment.
NJCJI testified against the bill. While we realize that no one wants employees to face a hostile work environment, we have significant concerns that many of the provisions of this bill will be counter-productive, generating unnecessary litigation, and causing actual harm to workplace environments.
Click here to read NJCJI’s full written testimony in opposition to the bill.
NJCJI is part of a broad coalition of pro-business entities opposing A2354, which would require New Jersey employers to provide employees with paid sick leave. While other opponents have spoken out against the broader implications this bill will have on the state’s economy, NJCJI is focused on the hidden liability risks this bill poses. The Star-Ledger has published an opinion piece by NJCJI President Marcus Rayner that outlines our concerns.
N.J. Assembly’s Paid Sick-Leave Bill as Written is Unfair to Employers: Opinion
Marcus Rayner | Star-Ledger
Cities across New Jersey have enacted mandatory paid sick leave laws during the past year, and now an effort is under way to pass similar legislation at the state level.
Although proponents of the bill focus on allowing employees to stay home when they are sick, the legislation would do significantly more than that. As drafted, the bill would create unprecedented liability for New Jersey’s employers, making New Jersey the only state where an employee can sue over the paid sick leave requirement.
Contact your Assembly members today and let them know that when it comes to the liability risk included in the paid legislation, the cure is worse than the disease.
If you have questions about this legislation, or need assistance contacting your legislators, please contact a member of the NJCJI team.
On November 21, NJCJI hosted the third in a series of ongoing workshops focusing on issues in the courts that impact the business community. “The Future of Class Actions: A Panel Discussion” brought together five specialists in the field for a spirited examination of recent developments in the law and thoughts on the prospects of pending cases. Continue reading
A selection of the need-to-know civil justice news for the week of Nov. 1-7. Continue reading