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 [...]
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.
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.
New Jersey’s Consumer Fraud Act has been expanded over the years by the courts and the legislature to the point where it is no longer focused on protecting consumers from fraud. It is instead a catch-all claim that is pulled into all sorts of disputes - consumers and fraud optional. A few recent cases really illustrate this point.
A few weeks ago, Law360 published an opinion piece by William J. Pinilis of Pinilis Halpern LLP concerning our recent panel discussion of New Jersey’s Consumer Fraud Act and our overall efforts to reform the Act. This week, Law360 has a rebuttal to Mr. Pinilis’ column penned by fellow panel member Dr. Joanna Shepherd of the Emory University School of Law.
A selection of the need-to-know civil justice news for the [...]
This morning at the State House, Sen. Steven Oroho (R-24) joined with the New Jersey Civil Justice Institute, the Commerce and Industry Association of New Jersey, the National Federation of Independent Businesses, the New Jersey Business and Industry Association, and the New Jersey Chamber of Commerce to call for the legislature to pass some common sense legal reforms to improve the state’s business climate.