A bill being considered by the New Jersey Legislature would expand the range of damages that could be awarded under our state’s Wrongful Death Act. If passed into law, it would increase insurance premiums for all New Jersey residents by making lawsuits more expensive and difficult to settle.
April 5 was a busy day under the State House dome. While the halls were swarmed with people up in arms over vaccines and nuclear power, two other bills attracted the attention of NJCJI and our allies in the business community.
Several employment bills will be heading for floor votes on Monday, including two of particular concern to NJCJI. The “Diane B. Allen Equal Pay Act” continues to regulate much more than “equal” pay and would present a significant danger to employers who do, in fact, compensate all employees equally for equal work. S121/A1242, legislation “Concerning Discrimination” would also impose significant risk on employers, attempting to interfere with the enforceability of widespread employment contract provisions and run afoul of the Federal Arbitration Act.
Governor Phil Murphy campaigned on a promise to sign sick leave legislation. He mentioned the issue again in his budget address, urging the legislature to get a bill to his desk. And an Assembly version sponsored by Assemblywoman Lampitt was heard and voted out of the Assembly Labor Committee this week and is moving through the legislative process.
On March 13, Gov. Murphy delivered first budget address to a joint session of the legislature, giving the state its first good idea of his priorities now that he is in office. From now until July 1, the legislature will be focused on passing a budget built on the foundation Murphy laid.
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.
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.
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.
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.
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.
