Top News Clips for August 26-September 1
A selection of the need-to-know civil justice news for August 26-September 1.
Court Declines to Clarify TCCWNA
This week, the Appellate Division released a long-awaited opinion which we had hoped would help clarify the standard for claims brought under New Jersey’s Truth-in-Consumer Contract, Warranty, and Notice Act (TCCWNA).
Another Outlier Opinion on Arbitration
Last week, the New Jersey Appellate Division issued another decision that restricts the ability of employers to enter arbitration agreements with their employees. The two-judge panel in Dugan vs. Best Buy Co. Inc., voided an otherwise valid arbitration agreement over the check-the-box agreement process the company used to roll out its new policy.
2000 Cases Revived by Court in Ruling Over Expert Evidence
The Appellate Division has issued a significant published opinion in the ongoing legal battle over the acne drug Accutane. Over 2,000 claims were revived by this decision. If upheld by the New Jersey Supreme Court, the long-term effects of the decision will be even more significant, as it all but eliminates the existing, critical gate-keeping role of trial court judges on admissibility of expert testimony.
Waiting On The Courts To Bring Clarity
Over the past few years, we’ve been highlighting the unique danger New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA) poses to our state’s businesses. Four of the five matters we are currently involved with as an organization are TCCWNA cases.
NJ Supreme Court Sets Oral Argument Schedule for 2017-2018 Term
The New Jersey Supreme Court will hold oral arguments on the following dates during its 2016-2017 term...
Bringing Common Sense To Our Legal System
The news clips from this week make you sort of shake your head in disbelief. But are they really that outrageous when you consider we have numerous state laws explicitly encouraging litigation when other means of dispute resolution would be quicker and more cost effective; poorly drafted statutes invite endless lawsuits over their interpretation; and antiquated policies limit the ability of our state to improve its legal climate?
Top News Clips for the Week of June 24-30
A selection of the need-to-know civil justice news for the week of June 24-30.
What Does the Latest SCOTUS Ruling on Mass Actions Mean for New Jersey?
Earlier this week, the United States Supreme Court issued its ruling in a closely watched case concerning state based mass actions. The decision, which shuts down certain forms of forum shopping, might lead to more lawsuits being filed in New Jersey state courts because of our state’s plaintiff-friendly laws and the fact that many major businesses call New Jersey home.
SCOTUS Case Should Serve as a Warning to the New Jersey Courts
A handful of states, including New Jersey, have been thumbing their nose at the United States Supreme Court’s rulings on arbitration. Last month, the Court once again said this needs to stop. Will the New Jersey Courts listen? Or are they waiting to be called out by the High Court?