Blogs Search Results
Defaults and Default Judgments in the Federal Courts
Construction Liens: Is Your Tenant Encumbering Your Property?
GETTING YOUR VIEWS, OR YOUR COMPANY'S VIEWS, HEARD IN SOMEONE ELSE'S APPEAL
WHAT WE HAVE HERE IS A FAILURE TO ACCOMMODATE - OR NOT!
Hot Tubbing in American Courts
Despite the false start to the 2019 marijuana legalization the summer has shown the budding seeds of change for medical marijuana
Writs of Replevin: It's Mine- Give It Back
A Rare Win For Consumers
Defending Against a Procedural Due Process Claim? Think Dismissal.
New Jersey Extends the Statute of Limitations in Civil Actions for Sexual Abuse Claims
A Heavy Burden: Court Determines Obesity Alone is Not A Disability Under LAD
LAW SCHOOL APPLICATIONS AND THE COMMITTEE ON CHARACTER
Once Upon a PEX Line: A Class Action Happy Ending
Fed. R. Civ. P. 23(c)(4) Issue Certification Remains a Viable Option for Plaintiffs
Holiday Cruise Line Robocall Class Action: Illinois Class Certified
EXCESSIVE SICK LEAVE: DRIVING WITHOUT A MAP
DEALING WITH YOUR TROUBLESOME PAST BEFORE THE COMMITTEE ON CHARACTER
Changes May Be Coming to the Admissibility of Hearsay Under the Residual Exception
Privacy Violations Make "Aggrieved" Consumers
Third Circuit reaffirms that qualified immunity is still alive in a police shooting of a motorist who refused to comply with orders.
Mass Shootings, Magazines and the Second Amendment
An Eye-Opening Class Certification Ruling
Duplicative Claims Are Dismissible Claims
The Potential Effects of the Proposed New Jersey Bad Faith Bill
No Pain? No Gain. New Jersey Workers Are Entitled to Paid Sick Leave.
Towards Resolution: Ringless Voicemails under the TCPA
Absent Class Member Discovery Is Rarely Appropriate
The "Other" Talc Litigation: The Third Circuit Weighs in on Article III Standing
NOLA Homeowners Bring Class Action Lawsuit Against Brad Pitt's Make It Right Foundation For Poorly Built Post-Katrina Homes
Jurisdictionally or Via Rule 23: When are Multi-State Class Actions Appropriate Under Bristol-Myers Squibb?
Classes Certified in Mislabeled Keratin Products Class Action
EMPLOYMENT AT WILL: BEWARE OF EXCEPTIONS
Attorneys: Don't speak when you are spoken to (by a juror)
New Amendments to the Federal Rules of Civil Procedure - Rule 23, Relating to Class Actions
Drop it Like it's Not: "Ringless" Voicemails and the TCPA
Recent News Regarding Arbitration Clauses in New Jersey
Give Notice or Face the Consequences
"There's Gambling Going on Here? Shocking!" "Your Winnings, Sir"
The Impact of New Jersey's Equal Pay Act
Thinking of filing an NJLAD claim against a bi-state agency? Think again.
In first ever cryptocurrency securities class action, appointment of lead plaintiff is business as usual
New Jersey's Restrictive Covenant Bill: A Crude Proposal for a Noble Goal
The Supreme Court Narrows the TCCWNA
"Consumer Class Actions in Defendants' Backyards: The Home-Field Advantage of Bristol-Myers Squibb"
Facebook Faces Class Action Lawsuits For Mishandling User Data
CAN GOVERNMENT AGENCIES OBJECT TO CLASS ACTION SETTLEMENTS?
BIFURCATION IN EXCESSIVE FORCE CASES
Protecting Your Small to Mid-Sized Business
DON'T SAY "F**K YOURSELF" TO AN ETHICS OFFICIAL
"I Don't Recall": Witness Memory Lapses and Contempt of Court
The New Jersey Supreme Court grants absolute immunity to a public employee's failure to enforce the law
Cryptocurrencies, Initial Coin Offerings and the Securities Act of 1933
Class Action Settlements Under Assault
Protective Orders: A Shield All Lawyers Should Use
Some Notes About Footnotes In Appellate Briefs
Gov. Murphy to Continue Criminal Justice Reform Efforts
Beyond the Hague Convention: Other Methods Of Serving Process On Foreign Defendants
Reactions to the U.S. Opioid Epidemic
A Short Digression on Oral Argument
The Ascertainability Battle Wages On
Ninth Circuit's Decision Chips Away At Consumer Privacy Protections
How Can I Get My Case, Or My Company's Case, To The New Jersey Supreme Court?
Social Media - An Employment Nightmare
Misstatements on Law School Applications: A Pitfall in the Committee on Character Process
Why the "Fairness in Class Action Litigation Act of 2017" Is Anything But Fair - UPDATE
Plaintiffs' Lawyers Beware: Lessons from the Subway Sandwich Footlong Litigation
"Does Anybody Really Care About Time?" As Lawyers, We Must
The Importance of Preparing for the Pre-Sentence Interview in the Federal Criminal System
Statutes of Repose Are Not Tolled By a Pending Class Action
The Blue Cross/Blue Shield Conundrum
CEPA and the Objectively Reasonable Test
Check your employment contract!
The Unfortunate Truth in Establishing a Hostile Work Environment Claim
Money In Your Pocket: Shifting The Cost Of Class Notice To Defendants
Onward And Trumpward: The Future Of The Seventh Circuit
A Friend of Yours is a Friend of Mine, Maybe
The TCCWNA Saga Continues
Third Circuit Limits Sentence Reductions
Mcdonnell Douglas Modified For Discrimination Claims Based On Disability - A Grande Roadmap
A Missed Opportunity for More Clarity in the Legal Standards in Disability Discrimination Cases
Proposed Amendments to Federal Rules Governing Class Action Settlements
A Giant Step in the Right Direction: the Northern District of Illinois' Mandatory Initial Discovery Pilot Project
Resolving Intra-Class Conflicts to Satisfy the Adequacy Requirement for Class Certification
More Appellate Courts Reject the Third Circuit's "Ascertainability" Doctrine
U.S. Supreme Court Limits Plaintiffs' Ability To Choose a Forum
Generic Drugs - A grand conspiracy?
Should Risk-Assessment Technology Be Part Of Our Criminal Justice System?
Forum Shopping Revisited
The Revival of Mandatory Minimums
Class Counsel Should Not Overlook Relevance In Resisting Demands For Engagement Letters
The Pain Of "Just Saying No": The Law Is Not Always On Your Side
D.C. Circuit Strikes Down FCC Solicited Fax Rule
Supreme Court to the Rescue?
School Zones are Not Special
Monell: Past Can Be Prologue
Two-Judge Panels in the Appellate Division: What's Up With That?
Will the New Jersey Courts Start to Rein in the Wild West of First Amendment Civil Rights Jurisprudence as it applies to the New Jersey Civil Rights Act?
Why the "Fairness in Class Action Litigation Act of 2017" Is Anything But Fair
Shrink Wrap Agreements: The Third Circuit Thinks Outside the Box
Can Qualified Immunity Strike the Balance with 42 U.S.C. § 1983's Chilling Effect on Public Safety?
Cyber Risk and the Law Firm
Class Action "Reform"
"Is Speech Really Free? It depends."
Offer of Judgment: "An offer you CAN refuse"
Why You Should Consider Hiring a Trial Lawyer
Consumers Confound ConAgra: The Ninth Circuit Follows the Trend on Administrative Feasibility
New Jersey Removes Impediment to Multistate Certification of Class Actions
Addiction Issues and The Supreme Court Committee On Character
Tweet at Your Own Peril
A Year In Amended Rule 34
Oral Arguments In Appellate Courts: Some Do's And Don'ts
Cannabis Vaporizers Denied Federal Trademark Protection
When Does Counsel "Obtain An Improper Advantage In A Civil Matter"?
Internet Agreements to Arbitrate: Know the Four "Wraps"
Change is in the Air - A fresh look at Mathis and the Sentencing Commission's Views on Career Offender Sentencing Enhancements
Buyer Beware! Express Limited Warranties May Be More Limited Than You Think
Musings from a Trial
A Millennial's Voting Nightmare: No Selfies in the Voting Booth
Sixth Circuit: Risk of Fraud Following Data Breach Establishes Standing
The Ostrich And The Telemarketer, Or Why You Still Get So Many Spam Calls
Leapfrog: Direct Certification of Cases By The Supreme Court
New Jersey Supreme Court Broadens The Law Against Discrimination
Gamble On Misinterpretation and You Might Just Win
TELL THE TRUTH!!
My contract auto-renewed! Am I screwed?
Suggesting Legislation from the Bench: The Third Circuit Hints at the Necessity of Bail Reform
NJ Supreme Court Amends Attorney Ethics Rules, Effective Today, to Expressly Allow Counseling Regarding NJ Medical Marijuana Laws, Despite Conflict with Federal Law and Policy
Does Actavis Extend to Pay-for-Delay Settlements That Don't Involve A Cash Buyout?
A Legal Fiction: The "Unpublished" Appellate Division Opinion
Musings From The Left Coast: The Judicial Panel on Multidistrict Litigation
The Attorney Oath of Office and Our Presidential Election
The Court Just Dismissed My Federal Civil Rights Lawsuit, So Now I'll Refile the Same Case Under the New Jersey Civil Rights Act – NOT So Fast!
Pre-certification Motions for Summary Judgment in Class Action Litigation
Click-Wraps, Browse-Wraps And Arb Traps: What Rights Are You Giving Up When You Purchase Products Or Services Online?
What is a "Law" – How an OPRA request for police dashboard video left two Appellate Division panels in conflict and one split on what is a "law."
Supreme Court Ruling Has Potential To Undermine The Fourth Amendment
Beware of Hidden Recording Devices
The TCCWNA - A Straightforward Statute with a Complicated Acronym
What Happens When Two Appellate Panels Disagree?
Striking Balance under OPRA
Review of the DOL's Final Rule Updating the FLSA's White Collar Exemptions
Politics, Punting, and The Supreme Court
Life After Comcast: What Have We Learned?
Moot Court Matters
Life after Concepcion: Use of Ordinary Contract Principles To Nullify Forced Arbitration Clauses
The Pirates of the Class Action World
The FDCPA Does Not Govern Every Attempt to Collect a Debt
Show Me The Money! "Pick-Off" Attempts In The Wake Of Campbell-Ewald
2016 Proposed Amendments to the New Jersey Court Rules - An Ad Hoc Look at What the Civil Bar Needs to Know
Can Citizens Photograph the Police?
The Art of Drafting Safe (but not Fail-Safe) Class Definitions
Pay Heed to Payton
To Win on Appeal, Know the Standard of Review
Financial Advisors Exempt From Overtime Under FLSA
The 2015 Amendments to the Federal Rules of Civil Procedure in Practice: Third Circuit Courts' Application of the 2015 Amendments
Faces in the Crowd: Protecting Your Biometric Information in the Internet Age
Tales from a SCOTUS Counsel Table Voyage
Picking Off Class Plaintiffs, Or Whac-A- Mole And Castles In The Sand
Three Little Piggies
Court Certifies Student Classes Denied Special Education Services
Reducing Federal Criminal Sentences
Class Action Basics: What You Need To Know To Protect And Preserve Your Rights
Blackmailing The Class: The Problem With Serial Objectors
Perpetrators of Consumer Fraud Can No Longer Blame Their Victims
Removing A Public Employee Who Is Unfit For Psychological Reasons
Trebling Troubles - Keeping Damages Below CAFA's $5M Threshold
Internal Investigations Are Just That...Internal
NJ Upholds Casino's Weight Requirements for BorgataBabes
"I've been ripped off! Can I represent consumers in other states?"
Ancient Documents in the Age of Electronic Discovery
The Final Hurdle for New Lawyers: The New Jersey Supreme Court's Committee On Character
Looking Out For the Little Claim: Mullins v. Direct Digital and Consumer Class Actions
Simple Language and Clear Principles: The Maxims of Equity
Demons and Dragons: The Plague of ESI on Public Entities
Third Circuit Panel Nixes New Jersey Sports Betting
Meeting the Requirements of Rule 4:32-1(a) at the Class Certification Stage in A Consumer Fraud Case
Probable cause gets bad reception in the Eleventh Circuit
Turmoil in the World of College Sports
Is the Career Offender Enhancement's Residual Clause under the United States Sentencing Guidelines next on the chopping block after Johnson v. United States, 576 U.S. ___ (2015)?
The Long and Winding Road
Law Grads Lose Class Certification
Getting The Other Side to Pay Your Attorneys' Fees
"Notice of Class Action Settlement?" Yes, please!
One For You, Nineteen for Thieves: Data Breaches and Federal Tax Fraud
I Want to Appeal That Terrible Decision Right Away. Can I?
Appellate Division Limits Application of "Good Faith" Law Enforcement Immunity for Public Entities
After all these years, let's get back to Moot Court!
No Room for the Third Circuit's Ascertainability Requirement under New Jersey's Class Action Rules
The U.S. Supreme Court Scrutinizes Abercrombie & Fitch's "Look Policy"
Employee or Independent Contractor? Learn the ABCs
When The NCAA Ran Out Of Lucky Charms
The Dos and Donts of ESI Discovery
Fun with Civil Procedure. Filing an Appeal-Quando, Quando, Quando?