Assembly Committee Ignores Constitutional Issues, Advances False Claims Act Bill
On February 5th, the Assembly Health and Senior Services Committee [...]
On February 5th, the Assembly Health and Senior Services Committee [...]
A lot of ink has been spilled over the federal corruption charges that have been filed against longtime New York Assembly Speaker Sheldon Silver. At the heart of the case is the sharing of asbestos patients/clients by doctors and law firms tied to Silver on an apparent quid pro quo basis.
This Thursday, the New Jersey Civil Justice Institute will be testifying in opposition to two important bills coming up for hearings in their respective committees - A4041, which allows for the retroactive application of New Jersey’s False Claims Act in some circumstances, and A4097, which places additional restrictions on contract into the state’s Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA). Both bills would incentivize litigation and worsen New Jersey’s business climate.
The Assembly has passed two bills related to recalled motor vehicles that the New Jersey Civil Justice Institute warned the legislature to amend before advancing. A1892 would prohibit rental companies from renting, leasing or selling unrepaired motor vehicles which are the subject of a safety recall, while A3725 would prohibit used car dealers from selling motor vehicles which are the subject of a safety recall to consumers without notifying them of the recall.
Earlier this week the Senate Environment & Energy Committee held a hearing on S1150, which places additional permitting burdens on areas designated by the state Department of Environmental Protection as a “burdened community.” While others testified about the impacts this bill could have on the environment and the economy, we focused on the Constitutional issues this bill raises.
Eye-popping verdicts become less notable when you are besieged by them day after day, but the New Jersey Law Journal’s 2015 Personal Injury Hall of Fame caused us to do a double take. Just twelve cases resulted in over $100 million in payouts.
On January 20, the New Jersey Supreme Court heard oral arguments in one of its biggest cases of 2015, Lippman v. Ethicon, Inc. The court will decide if an employee performing activities as part of his or her core job functions, on that basis alone and without further conduct by the employee, can seek whistleblower protection under the Conscientious Employee Protection Act (CEPA) if they are fired. The day after the case was heard, NJCJI hosted a policy teleforum on the case featuring Adam Saravay, a partner at McCarter & English, who co-authored NJCJI & NJBIA's joint amicus brief and participated on the organizations' behalf in the high court's oral arguments on the case. During the call, Saravay provided an overview of the case and its implications before sharing his insights on how oral arguments in the case went.
On Thursday, New York State Assembly Speaker Sheldon Silver was arrested on federal corruption charges. A spokesman for the American Tort Reform Association called the arrest a “turning point” in the effort to combat abuses in the nation’s top judicial hellhole since Silver is the state’s number one opponent of legal reform.
On Tuesday, January 13, 2015, Gov. Chris Christie delivered his fifth State of the State Address. One of the main points of the speech was a call for a “New Jersey renewal.” The New Jersey Civil Justice Institute shares this sentiment.
On January 15, the Assembly Labor Committee voted to advance a trio of bills that would expand New Jersey’s employee protection laws so that they cover unpaid interns. While appreciate the concern for young people in the workplace, and for interns in particular, we are concerned that this bill will cause employers to stop offering unpaid internships. The bill so greatly increases employers’ liability risk that hiring interns becomes imprudent.