Caution: Coffee is Hot
Did you celebrate National Coffee Day earlier this week? If so, we hope you were cautious.
Opinions from Last Session Continue to Trickle Out
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.
Is it Time for Loser Pays in New Jersey?
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.
Report: Plaintiffs’ Lawyers Score Big Perks for Themselves Lobbying Federal Agencies
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.
Chief Justice Rabner to Discuss Complex Commercial Litigation at NJ State Bar Event
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.
An Update on the Lawsuit You Voted 2014’s Most Ridiculous
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 Closer Look at Enforcement Mechanisms
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.
Kick ‘Em When They’re Down: When Regulation Triggers Litigation
One of the things that struck a chord with attendees of our recent legal reform conference was our discussion of class actions that are filed in the wake of government enforcement actions. Under these circumstances, companies end up taking a double hit - first from government regulators, and then from plaintiffs’ attorneys acting under the cloak of consumer protection. Hastily filed consumer class actions can compromise the government’s ability to effectively regulate, and often provide only marginal additional benefits to consumers, yet they are increasingly common. In just the past few days, news broke that two such cases have been filed in New Jersey shortly after high-profile government enforcement actions were announced.
The Rise of “Empty Suit” Litigation
New Jersey is not the only state that is seeing an increase in the number of cases filed by plaintiffs who have suffered no real harm - be it physical, emotional, or economic. This so-called “empty suit” litigation is a national phenomenon.
Another Hot Coffee Lawsuit
“It's like déjà vu all over again.” This famous Yogism is the first thing that came to mind when we saw the latest news story about a hot coffee lawsuit. Ever since the famous case where a jury awarded a coffee burn victim $2.86 million these cases just keep popping up.