For the past 10 years, the vast majority of all class actions have been tried in the federal courts rather than the state courts thanks to the enactment of the federal Class Action Fairness Act (CAFA). The judiciary is now having a discussion about the rules governing such suits, namely FRCP 23.
A selection of the need-to-know civil justice news for the week of September 26-October 2.
Did you celebrate National Coffee Day earlier this week? If so, we hope you were cautious.
Unlike the U.S. Supreme Court, the New Jersey Supreme Court has no set schedule dictating when opinions are likely to be released. (For example, NJCJI is still waiting for an opinion in the DeMarco v. Stoddard case, which was heard in April.) This week a couple of interesting civil decisions were released.
Bill Spadea, the host of the Chasing News TV program and frequent guest host on NJ 101.5, wants to know what New Jersians think about frivolous litigation and the potential to curb it by instituting a loser pays system. Let him know what you think by tweeting @nj1015 and @BillSpadea.
A new report from the American Tort Reform Association and the U.S. Chamber’s Institute for Legal Reform, “The Trial Lawyer Underground: Covertly Lobbying the Executive Branch,” documents how plaintiffs’ lawyers have been able to successfully lobby the executive branch to expand civil liability (and increase their bottom lines) over the past few years.
Since January 1, businesses in New Jersey have had the opportunity to opt in to a new complex commercial litigation program in disputes where the damages are projected to exceed $200,000. New Jersey Supreme Court Chief Justice Stuart Rabner will provide an update on the complex commercial litigation program, and discuss the need for lawyers with such backgrounds to seek appointments to the bench at a free event hosted by the New Jersey State Bar Association on Tuesday, October 20.
A lot of ridiculous lawsuits are filed in New Jersey each year, but only one can be crowned NJCJI’s Most Ludicrous Lawsuit of the Year. 2014’s honoree, the woman suing Disney for $250 million because she claims the blockbuster hit Frozen was stolen from her self-published autobiography, has finally been told she needs to take Queen Elsa’s advice and “let it go.”
A selection of the need-to-know civil justice news for the week of September 19-25.
On September 18, the New Jersey Civil Justice Institute hosted a half day legal conference focusing on New Jersey’s fondness for outsourced, private enforcement of business regulations. Outsourcing Enforcement? The Debate Over Privatizing the Role of Public Enforcement explored the origins of the private enforcement model, reviewed recent law and pending cases on the topic, and hinted at some potential reforms that could make the system more business-friendly.
