The role of gatekeeper, determining which cases merit the attention of the court, is among the most important responsibilities of our judges. This past week, the Seventh Circuit Court of Appeals exercised its role as gatekeeper, putting the brakes on a proposed settlement of a lawsuit over Walgreens’ planned merger with the Swiss company Alliance Boots GmbH.
In a recent article from NJ.com, a quote from NJCJI’s Marcus Rayner reveals the true driver of the recent boom in consumer fraud litigation: profits.
Last May, the Consumer Financial Protection Bureau released its proposed rules regulating arbitration. Although arbitration has been shown to be just as fair as litigation, with the added bonus of being quicker and more cost-effective, the proposed rules seek to limit the availability and use of non-judicial methods of dispute resolution.
Insured businesses and carriers alike have been operating in a gray area when it comes to determining who is liable for damages resulting from a subcontractor’s faulty workmanship, but a unanimous opinion by the New Jersey Supreme Court has brought clarity to this area of law.
The New Jersey Supreme Court recently agreed to hear oral arguments in two cases related to the price of drinks on menus. While this might seem like a narrow topic, these cases have the potential to influence the outcome in the large number of Truth-in-Consumer Contract, Warranty, and Notice Act (TCCWNA) cases currently pending in our court system.
You know your state has a litigation problem when even onlookers across the pond in London are calling you out. Things have gotten pretty bad for businesses in New Jersey since plaintiffs’ attorneys began flooding the courts with Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA) lawsuits over the terms of service agreements on business websites.
As Chief Justice Stuart Rabner joked when he was the keynote speaker at one of our luncheons, he spends 65% of his time judging cases and 65% doing administrative work. One of his core administrative duties, as specified by Article VI, Section 7 of the New Jersey Constitution, is to “assign Judges of the Superior Court to the Divisions and Parts of the Superior Court…” This week he released the order detailing how our state’s judges will be spending their time on the bench starting September 1.
According to the New Jersey Supreme Court, there are no magic words necessary for an effective arbitration agreement. However, a recent ruling from the Appellate Division, suggests otherwise.
On Wednesday, a unanimous New Jersey Supreme Court exposed employers to open-ended liability when employees carry toxic substances home from the workplace.
Click here to learn how you can help us [...]
