Blogs Archive

Blogs Archive

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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

Progressive Discipline

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

Cleveland Jocks

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?