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Appellate Courts New Jersey

Fox Rothschild LLP

NJ Appellate Court Reaffirms Employees’ Right to Bring LAD Claims in Court

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The New Jersey Appellate Division recently issued an important decision clarifying how claims brought under the Law Against Discrimination (LAD) interact with agency proceedings in employment matters. Specifically, it made...more

Marshall Dennehey

New Jersey Revises Jury Charge on Proximate Cause in Legal Malpractice

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A recent update to New Jersey’s Model Civil Jury Charges marks a significant development in legal malpractice law—and directly reflects the work of attorneys in our Mount Laurel, New Jersey office, Jack Slimm and Jeremy...more

Clark Hill PLC

New Jersey Appellate Division confirms timing options for filing a motion to dismiss pursuant to New Jersey Court Rule 4:6-2(e)

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In the recent case of Bank, et al. v. Lee, the New Jersey Appellate Division addressed a significant procedural issue regarding the timing for parties to file a motion to dismiss pursuant to New Jersey Court Rule 4:6-2(e)....more

Jackson Lewis P.C.

Federal Appeals Court Holds New Jersey’s Cannabis Law Provides No Private Right of Action

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The Third Circuit Court of Appeals has held that the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”) does not permit a private citizen to bring a civil action for...more

Marshall Dennehey

Key New Jersey Appellate Win Secured in Legal Malpractice Action

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A decision impacting the defense of such actions from damages claims by new businesses - In an Appellate decision impacting the defense of legal malpractice actions arising out of claims for damages by new businesses, Jack...more

McCarter & English, LLP

US Court of Appeals for the Sixth Circuit Issues Campaign Finance Decision

The US Court of Appeals for the Sixth Circuit recently issued an important decision regarding the ability of federal candidates to coordinate with committees such as the National Republican Senatorial Committee....more

Stevens & Lee

NJ Appellate Court Rejects “Hybrid Procurement Process” Used in Award of Ferry Services Contract - UPDATED July 18 2024

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On April 2, 2024, The New Jersey Superior Court, Appellate Division reversed a decision of the trial court that upheld the $2 million award of a ferry services contract under Monmouth County’s purportedly “hybrid” procurement...more

Fox Rothschild LLP

NJ Appellate Division Defines Contours of Sales Commissions Under Wage Laws

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The New Jersey Appellate Division recently provided helpful guidance on the contours of sales commissions and, as defined under the Wage Payment Law (WPL), “supplementary incentives.” In a published decision issued June 24,...more

Fox Rothschild LLP

NJ Appellate Court Outlines LLCs' Path to Rescind Erroneous Certificates of Dissolution

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A recent New Jersey appellate decision underscores the need for the leaders of limited liability companies (LLCs) to consider how to eliminate the risk of fraudulent, inaccurate or mistaken filings by former members and...more

Greenbaum, Rowe, Smith & Davis LLP

NJ Appellate Division Upholds BME Suspension of Doctor’s License

A recently decided case, In the Matter of the License of Pemberton, M.D., is an example of the deference New Jersey courts give to decisions made by the New Jersey State Board of Medical Examiners. On June 10, 2024, the New...more

Lowenstein Sandler LLP

Do the Sublimits in Your Insurance Policies Expand or Reduce Coverage?

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Earlier this month, the New Jersey Appellate Division issued an unpublished opinion reminding policyholders of the first rule of insurance: Words matter. In Rivera v. Starstone Specialty Ins. Co.,1 the court was asked to...more

Stevens & Lee

NJ Appellate Court Rejects “Hybrid Procurement Process” Used in Award of Ferry Services Contract

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The New Jersey Superior Court, Appellate Division recently reversed a decision of the trial court that upheld the $2 million award of a ferry services contract under Monmouth County’s purportedly “hybrid” procurement process....more

Goldberg Segalla

N.J. Appellate Court Refuses to Enforce UIM Step-Down Clause Based on Supposed Ambiguity Created by Policy's Declarations Page

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KEY TAKEAWAYS - The N.J. Appellate Division refused to enforce a step-down clause in a personal auto policy based on its conclusion that the insured’s expected UIM coverage was reasonable. A trial court, in granting summary...more

Greenbaum, Rowe, Smith & Davis LLP

NJ Appellate Division Reverses Certain Radburn Regulations Impacting Community Associations

On February 23, 2024, the Superior Court of New Jersey Appellate Division issued its opinion in a case involving regulations promulgated by the New Jersey Department of Community Affairs (DCA) – commonly referred to as the...more

Stevens & Lee

NJ Appellate Court Strikes Down Misguided Attack on Women’s Right to Compete in Emerging Cannabis Industry

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Earlier this month, Governor Phil Murphy and Treasurer Elizabeth Maher Muoio announced the release of a “comprehensive statewide disparity study examining public contracting opportunities” for Minority and Women-Owned...more

Fox Rothschild LLP

COVID-19 Is Not Necessarily a Disability Under the New Jersey Law Against Discrimination

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The New Jersey Superior Court, Appellate Division has issued a published decision holding that, under the facts of the particular case, COVID-19 alone is not a disability under the New Jersey Law Against Discrimination...more

Fox Rothschild LLP

Look-Back Period Questioned in NJ Wage and Hour Case

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Earlier this month in Maia v. IEW Construction Group, the New Jersey Appellate Division confronted a critical issue concerning this state’s wage and hour laws. The case centered on amendments passed by the state Legislature...more

Fox Rothschild LLP

New Jersey Appellate Division Confirms Enforceability of Pay-if-Paid Provisions

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In a case of first impression, the New Jersey Appellate Division has finally formally recognized the enforceability of pay-if-paid clauses in New Jersey, so long as those clauses clearly and unambiguously establish a...more

Fox Rothschild LLP

New Jersey Appellate Division Rules Real Estate Agents Are Not Subject To ABC Test For Independent Contractor Determinations

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The New Jersey so-called ABC test for determining independent contractor status is one of the toughest in the country and is applied in a strict manner by the New Jersey Department of Labor. But, evidently, there are...more

Greenbaum, Rowe, Smith & Davis LLP

New Jersey Appellate Division Ruling Profoundly Changes Interpretation of Arbitration Clauses

What You Need to Know: •The New Jersey Appellate Division has issued a decision that fundamentally reshapes the interpretation of arbitration clauses in commercial contracts. •The ruling carves out an exception to the New...more

Wiley Rein LLP

New Jersey: Federal Appeals Court Opens Door for Some Regulated Industry Contributions

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As avid Election Law News readers likely know, New Jersey has long prohibited many “regulated” corporations from contributing to state candidates and political parties and making independent expenditures (IEs) on their...more

White and Williams LLP

New Jersey Appellate Court Requires Affidavit of Merit in COVID-19 Litigation Against an Assisted Living Facility

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An affidavit of merit is required to prosecute a professional negligence claim against an assisted living facility in New Jersey. The recent appellate decision of Priolo v. Shorrock Garden Care Ctr., No. A-3032-20, 2022 N.J....more

Fox Rothschild LLP

New Jersey Appellate Division Rules: COVID is Not a Permanent Change of Circumstances to Modify Support

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Since the onset of the pandemic, New Jersey family law practitioners and litigants alike have been wondering how the obvious financial repercussions the pandemic has wrought on individuals’ financial circumstances would be...more

Husch Blackwell LLP

New Jersey Talc Verdicts Overturned On Appeal For Daubert-Less Expert Opinions

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A New Jersey appeals court recently overturned talc verdicts totaling $117 million in damages against Johnson & Johnson Consumer Inc. (JJCI) and Imerys Talc America, Inc. (Imerys) after finding expert testimony was...more

White and Williams LLP

No Trial Credit in NJ Appellate Decision for Non-Settling Successive Tortfeasors – Must Demonstrate Proof of Initial Tortfeasor...

Where an initial tortfeasor settles in a successive negligence case, the non-settling tortfeasors do not get a credit at trial, says the New Jersey Appellate Division. The court held in Glassman v. Friedel, that non-settling...more

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