Law 360

JANUARY 13, 2023

A New Jersey federal judge deemed timely a proposed class action alleging Walmart unlawfully discriminates against applicants with criminal backgrounds through broad screenings that don't consider evidence of rehabilitation, applying a six-year statute of limitations rather than the two-year limitation suggested by Walmart.

Statute 52

Statute 52

FDA Law Blog

FEBRUARY 5, 2023

AstraZeneca won in the District of Delaware, while Sanofi Aventis and Novo Nordisk lost at the District of New Jersey. Both courts found the statute to be ambiguous, but only the Delaware court vacated HRSA’s penalties; the New Jersey court remanded the issue to HRSA. Three of these cases were in the third circuit.

Contract 52

Contract Statute Manufacturing Court 52

Mondaq

JANUARY 17, 2022

New Jersey is on the brink of its first insurance bad faith statute after clearing both the Senate and Assembly by vote on January 10, 2022.

Statute 40

Statute 40

Law 360

MAY 21, 2021

A New Jersey federal judge has said the state labor commissioner can't escape an Employee Retirement Income Security Act industry group's suit over expanded worker protections under the state's mass layoff law, rejecting the official's argument that he could not be sued because he lacks enforcement authority under the statute.

Laws 40

Laws Statute 40

SCOTUSBlog

JUNE 30, 2021

New Jersey that sovereign immunity does not shield New Jersey from condemnation proceedings instituted by a private company in federal court to obtain properties for a pipeline. New Jersey, which opposes the pipeline, contended that it was immune from the suits under the 11th Amendment.

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Statute Court Government Construction 60

SCOTUSBlog

MAY 7, 2021

In its petition, Epic argues that the $280 million award comported with due process because the Wisconsin statute gives clear notice to defendants about the possible size of punitive damages. New Jersey , Reb Russell challenges a similar law from New Jersey. New Jersey. The case is Epic Systems Corp.

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Punitive Damages Compensatory Damages Statute Government 56

SCOTUSBlog

MAY 2, 2021

New Jersey. The case presents two questions : (1) whether sovereign immunity prevents PennEast from instituting eminent domain proceedings in federal court to condemn properties in which New Jersey has interests, and (2) whether the U.S. Share The Supreme Court on Wednesday heard argument in PennEast Pipeline Co.

Government 66

Government Construction Statute Court 66

Patently O

FEBRUARY 3, 2021

As an example, the Federal Wire Fraud statute makes it a crime to use the “wires” to move forward with “any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises.” But the federal fraud statutes at issue do not criminalize all such conduct.

Laws 85

Laws Statute Government Court 85

Conflict of Laws

MAY 17, 2023

There are state courts and federal courts, state statutes and federal statutes, state common law and federal common law. A clause is contrary to public policy when a statute or a judicial decision declares that enforcement is inconsistent with the policy of the state. The United States legal system is immensely complex.

Court 52

Court Statute Lawyer Lawyers 52

SCOTUSBlog

OCTOBER 3, 2022

Share The fate of hundreds of millions of dollars in unclaimed money may depend on the Supreme Court’s interpretation of the term “money order” in an arcane 1974 federal statute. New Jersey , the money often goes to the state in which the issuer of the financial product is incorporated. On one side is Delaware.

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Statute Drafting Court Laws 96

FDA Law Blog

OCTOBER 6, 2021

When HRSA threatened enforcement action and penalties, several companies sued the HHS in federal district courts in Maryland, Indiana, Delaware, New Jersey, and the District of Columbia to enjoin those enforcement actions (see list below). These lawsuits were filed between January and June of 2021. Code Ann.§

Manufacturing 52

Manufacturing Contract Statute Court 52

Broadcast Law Blog

JANUARY 29, 2023

While the FCC also found Fox responsible for transmitting the segment to its affiliates nationwide in violation of the rule, the FCC did not fine Fox as a programming network because the one-year statute of limitations period applicable to non-broadcasters had expired.

Sports 98

Sports Manufacturing Statute Laws 98

Constitutional Law Reporter

APRIL 11, 2023

New Jersey , 379 U.S. Therefore, if the common law were to apply to the Disputed Instruments, then the abandoned proceeds would escheat inequitably solely to the State of incorporation, just like the money orders expressly referenced in the statute.” MoneyGram applied the common-law escheatment practices outlined in Texas v.

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Constitutional Law Court Statute Government 59

SCOTUSBlog

JANUARY 13, 2024

Before purchasing Dixie X, Horn therefore reviewed the product’s FAQ page and called a customer-service hotline to confirm that it was truly THC-free.

Personal Injury 101

Personal Injury Laws Court Statute 101

The Crime Report

MAY 24, 2022

Kathy Hochul would temporarily suspend its civil statute of limitations for adult sexual abuse, reports the New York Times. New York will become the second state, after New Jersey, to open a so-called look-back window for adults. Legislation expected to be signed by Gov.

Statute 98

Statute 98

The Crime Report

FEBRUARY 10, 2022

Yet being locked up in a Florida prison, it turns out, doesn’t make someone a Florida resident, under a state Department of Education statute. Additional Reading: A New Jersey Program offers Access to Higher Education for Incarcerated Young People. He most certainly hasn’t left the state for decades.

Education 98

Education Statute Court 98

Patently O

AUGUST 2, 2021

Both SITO and Hulu are Delaware companies with Hulu headquartered Santa Monica and SITO in New Jersey (although SITO is currently going through Chapter 11 reorganization bankruptcy). Patent Nos. 8,825,887; 9,026,673; 9,135,635; 9,135,636; 9,591,360; 10,009,637; and 10,171,846.

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Court Statute Litigation Litigating 92

Broadcast Law Blog

MAY 9, 2013

Strickler will serve through 2016, taking the position of Judge Wisnewski (who resigned about a year ago) as the economics expert required by the statute creating the Board. Mr. Stricker is currently Senior Counsel at a law firm in New Jersey, specializing in business litigation, according to his biography on the firm’s website, here.

Statute 40

Statute Litigation Litigating Law Firm 40

SCOTUSBlog

MARCH 28, 2022

New Jersey , the court held that the state could not claim sovereign immunity as a defense to condemnation proceedings brought by a private party to whom Congress had delegated federal eminent domain authority. In 2006, in Central Virginia Community College v. And in 2021 in PennEast Pipeline Co.

Court 85

Court Government Statute Felony 85

JonathanTurley

MAY 24, 2022

In New Jersey, assault is defined in the following way: 2C:12-1 Assault. That is defined below under New Jersey statute. However, there is a slight delay before Langley steps forward to hit the employee. The police may be basing the charge on the fact that Langley seemed to pursue the employee. Simple assault.

Legal 35

Legal Legal Tort Personal Injury 35

The Crime Report

MAY 16, 2022

The primary architect of New York’s bail reform statute, Gianaris says that, in a system that promotes the idea of a person being innocent until proven guilty, the injustice in cash bail should be obvious to everyone.

Felony 111

Felony Misdemeanor Statute Attorney 111

Broadcast Law Blog

APRIL 13, 2016

A few states, including New Jersey and Florida, have passed criminal statutes making pirate radio illegal, but such enforcement, in the few cases that I have dealt with in those states, has tended to be a low enforcement priority for state authorities. What is the reality of this actually happening?

Statute 40

Statute Legal Legal Education 40

Above The Law

DECEMBER 17, 2021

New Orleans police will be deputizing citizens to enforce the law. After New Jersey opened up applications for weed growers, manufacturers and testing lab operators, people quickly dispensed with their applications. [ I wonder if either of these statutes will have a section on the proper use of emojis in emails.

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Manufacturing Statute Laws 121

SCOTUSBlog

JANUARY 8, 2021

This week we highlight cert petitions that ask the Supreme Court to consider cases and statutes about suing various government entities, ranging from two counties to a state governor to the United States itself. Waterfront Commission of New York Harbor v. Murphy involves New Jersey and New York’s Waterfront Commission Compact.

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Government Tort Court Rules Court 86

ClimateChange-ClimateLaw

JULY 6, 2017

The court said the statutory language authorized courts to grant stays and that EPA’s reading of the statute “would have the perverse result of empowering this court to act when the agency denies a stay but not when it chooses to grant one.” New Jersey Appellate Court Affirmed State Authority to Take Easements for Coastal Protection Projects.

Court 40

Court Litigation Litigating Attorney 40

Diane Drain

APRIL 15, 2021

At the other end of the spectrum, New Jersey and Pennsylvania provide no homestead exemptions, while Virginia and Kentucky allow just $5,000. That would undermine “the protection a debtor has under the current homestead• exemption statute,” Drain wrote in a commentary.

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Laws Small Business Attorney Finance 211

The Crime Report

JULY 15, 2022

Similarly, on July 5, New Jersey Gov. These states’ new regimes go far beyond what more conservative, and generally more rural, states are inclined to seriously consider. States can and should ensure such statutes provide extensive due process protections. Phil Murphy signed seven bills restricting guns.

Laws 98

Laws Technology Court Legal 98

SCOTUSBlog

NOVEMBER 8, 2022

Superior Court that a father from New Jersey could be served with a lawsuit while visiting his children in California – a form of jurisdiction known as “tag” jurisdiction. Justice Neil Gorsuch joined Sotomayor and Jackson in appearing to side with Mallory and against the railroad.

Court 90

Court Laws Lawyer Lawyers 90

SCOTUSBlog

MAY 19, 2023

New Jersey’s so-called “slogan statutes” permit candidates in primary elections to have a short phrase – containing no more than six words – listed next to their names on the ballot. The slogans cannot include the name of any person or a corporation located in New Jersey without their written consent.

Statute 88

Statute Court Government Laws 88

SCOTUSBlog

OCTOBER 2, 2023

Share The Supreme Court on Monday morning declined to take an appeal by anti-abortion activists in a First Amendment dispute with Planned Parenthood, as well as a test of New Jersey’s “slogan statutes.” A jury awarded Planned Parenthood nearly $2.5 The specific question at issue in Mazo v. International Paper Co.

Statute 94

Statute Court Attorney Laws 94

Broadcast Law Blog

FEBRUARY 6, 2011

The FCC's auction of new VHF TV channels in New Jersey and Delaware (about which we have written many times including here) has resulted in only three qualified bidders.

Construction 45

Construction Statute Education 45

SCOTUSBlog

JANUARY 14, 2022

New York, Connecticut, Maryland, and New Jersey filed suit, arguing that the new law violated the Constitution — specifically, Article I, Section 8 , and the 10th and 16th Amendments — because it interfered with states’ sovereign taxing authority by unduly coercing them to change their sovereign tax policies and by denying them equal sovereignty.

Court 99

Court Manufacturing Statute Laws 99

JonathanTurley

NOVEMBER 6, 2022

A panel on the United States Court of Appeals for the Ninth Circuit seemed to be channeling the lyrics of the musical Hamilton in noting that “Everything is legal in New Jersey.” Zeba Blay, No, The ‘Hamilton’ Casting Call for ‘Non-White’ Actors Is Not Reverse Racism, HuffPost (Mar. 31, 2016, 12:30 PM), [link].

Entertainment 40

Entertainment Statute Court Court Rules 40

ClimateChange-ClimateLaw

OCTOBER 20, 2020

1442, or the civil-rights removal statute, 28 U.S.C. The district court rejected eight grounds for removal, but the Fourth Circuit concluded its appellate jurisdiction was limited to determining whether the companies properly removed the case under the federal-officer removal statute. Mayor & City Council of Baltimore , No.

Court 72

Court Government Compensatory Damages Litigation 72

SCOTUSBlog

JANUARY 16, 2024

Justice John Paul Stevens set out a two-part test for courts to review an agency’s interpretation of a statute it administers. If it has not, the court must uphold the agency’s interpretation of the statute as long as it is reasonable. In the Supreme Court, the fisheries are represented by former U.S.

Stare Decisis 145

Stare Decisis Court Statute Government 145

JonathanTurley

JULY 11, 2021

For we are presented with a clear and simple statute to be judged against a pure command of the Constitution. The objection is to the depiction of Assata Shakur, also known as Joanne Chesimard, was convicted in the 1973 killing of a New Jersey state trooper. The outcome can be laid at no door but ours.

Misdemeanor 47

Misdemeanor Government Laws Statute 47

JURIST

FEBRUARY 5, 2021

The new case, , comes on appeal from the US Court of Appeals for the Third Circuit. In an effort to build a natural-gas pipeline through Pennsylvania and New Jersey, the PennEast Pipeline Company filed condemnation suits against the state of New Jersey to force it to convey state-owned land for the project.

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Immigration Calendaring Court Construction 211